HomeMy WebLinkAboutAgenda Packet 1994/09/13
~ 'Ii deci!!'! I>Inder penarty 01 perjury that ( am I
em;:¡loye~J by the City of Chura Vista in the
OUice of the City Cler!{ and that I posted
this Agendafl\lotice on the Bulletin Board at
the Publ; rvi s Building and.at~alJ. 9" .
Tuesday, September 13, 1994 DATED." ' Do /' :/ " CouncIl Chambers
6:00 p.m. 0 C ,\ ~ . . ------ Public Services Building
(
Regular Meetine: of the City of Chula Vista City Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Fox -, Horton -, Moore -, Rindone -, and
Mayor Nader -'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: September 6, 1994
4. SPECIAL ORDERS OF THE DAY:
a. Oath of office:
Charter Review Commission - Linda Brown and B. Rosie Bystrak;
Economic Development Commission - Geoffrey S. Bogart and Arthur D. Sellgren;
International Friendship Commission - Paul Catanzaro;
Human Relations Commission - Mary P. Slovinsky;
Mobilehome Rent Review Commission - Andrew Delgado;
Otay Valley Road Project Area Committee - John J. McMahon;
Parks and Recreation Commission - Margaret J. Helton;
Town Centre Project Area Committee - Daniel L. Mason; and,
Youth Commission - Manuel Martinez.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there wUl be no videotaping of the reconvened portion of the meeting. However,
final actions reported wUl be recorded in the minutes which wUl be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 13)
The staff recommendations regarding the following items listed under the Consent Calendar wUl be enacted by
the Council by one motion without discussion unless a Councibnember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please jill out a
"Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar wUl be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public wUl be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting ten minutes to make a presentation on a business plan for a waste transfer
station. Jorge Holland, President, Pacific Disposal, Inc., 199 1/2 Mace St., Chula Vista, CA
91911. It is recommended that Pacific Disposal be allotted ten minutes to make their presentation.
Agenda -2- September 13, 1994
6. ORDINANCE 2603 AMENDING SECTION 19.14.582 OF THE MUNICIPAL CODE TO
ALLOW FOR ZONING ADMINISTRATOR DESIGN REVIEW OF
ADDITIONAL CATEGORIES OF PROJECTS (second readil11! and
adootion) - In October 1992, Council approved the Permit Streamlining
Workplan and Implementation Schedule which, among other measures, called
for revising the City Design Manual to include more concise and objective
design guidelines with additional illustrations, and providing the administrative
(staff) approval of a broader range of projects subject to design review. Staff
recommends Council place the ordinance on second reading and adoption.
(Director of Planning)
7. ORDINANCE 2597 AMENDING SECTIONS 14.04.010, 14.06.010, 14.08.030, 14.08.090,
14.08.140, 14.08.170, 14.10.010, AND 14.14.010 OF THE MUNICIPAL
CODE, REPEALING SECTION 14.06.030 OF THE MUNICIPAL CODE,
REPEALING CHAPTER 14.18 OF THE MUNICIPAL CODE AND
ADDING CHAPTER 14.20 "STORM WATER MANAGEMENT AND
DISCHARGE CONTROL" TO THE MUNI C IP AL CODE, ALL
RELATING TO REGULATION OF POLLUTANTS IN STORM WATER
DISCHARGES AND TO WASTING WATER (second readine: and
adoption) - The Federal Clean Water Act Amendments of 1987 and California
Regional Water Quality Control Board Order Number 90-42 require the
enactment of codes, laws, and ordinances to ensure the implementation of
Federally mandated storm water and urban runoff pollution control programs.
The proposed ordinance accomplishes that task by making it unlawful for any
person to discharge pollutants to the City's storm water conveyance system. In
addition, on 6/11/91 the Storm Drain Fee and Fund were established to fund
implementation of the National Pollutant Discharge Elimination System program.
Council directed staff to include, as part of its annual review of the Storm Drain
Fee, options for levying and collecting fines against individuals that violate
discharge regulations in lieu of continual increases in the fees. Staff
recommends Council place the ordinance on second reading and adoption.
(Director of Public Works) Continued from the meeting of 7/26/94.
8. RESOLUTION 17650 APPROVING FOURTH AMENDMENT TO AGREEMENT WITH REMY
AND THOMAS FOR LITIGATION REPRESENTATION SERVICES -
When the City of Chula Vista and County of San Diego approved the final
version of the Otay Ranch Project, part of the approval was an indemnification
agreement by Otay Vista Associates, indemnifying the City and the County in
the event of an attack on the project approval. Chaparral Greens thereafter
sued, alleging inadequacies in the final program EIR and/or violations of CEQA.
On 1/4/94, Council ratified a Three-Party Agreement whereby Remy and
Thomas (Tina Thomas, Esq.) would represent the City pursuant to that
indemnification agreement, at Otay Vista's expense. On 3/29/94, Council
approved the First Amendment to the Agreement, increasing the maximum
compensation from $75,000 to $160,000. On 5/10/94, Council approved the
Second Amendment to the Agreement, increasing the maximum compensation
from $160,000 to $295,000. On 7/19/94, Council approved the Third
Amendment to the Agreement, increasing the maximum compensation from
$295,000 to $395,000. Approval of the resolution and agreement will authorize
Tina Thomas, of Remy and Thomas, to continue to represent the City in that
litigation at Otay Vista's expense, and further increase the maximum
compensation from $395,000 to $495,000. The matter is now set for trial on
9/19/94. Staff recommends approval of the resolution. (City Attorney)
Agenda -3- September 13, 1994
9. RES()LlrfI()~ 17651 APPROVING THE BUSINESS EXPANSIO~ INCENTIVE POLICY - On
6/7 /94, Council approved a City policy to provide an incentive for business
expansion by targeting businesses "likely" to grow and making personal contact
to inform them of potential City assistance. Staff recommends approval of the
resolution. (Director of Community Development)
10. RESOLlrfION 17652 AUTHORIZING THE MAYOR TO EXEClrfE AGREEMENTS WITH
THE SAN DIEGO UNIFIED PORT DISTRICT FOR RECEIPI' OF
FINANCIAL ASSISTANCE - In May 1994, the City submitted financial
assistance requests to the San Diego Unified Port District for partial funding for
four City-sponsored special events. The Board of Port Commissioners approved
all four requests at their meeting on 6/21/94, and the Port is now requiring the
City to enter into formal agreements which stipulate conditions and City
requirements for receipt of the approved funding. Staff recommends approval
of the resolution. (Director of Parks and Recreation)
11. RESOLlrfION 17653 ACCEPTING DONATION AND APPROPRIATING FUNDS TO CIP
PROJECT PR-194 - NORMAN PARK GAME FACILITY - The Parks and
Recreation Department has recently received a $6,250 donation from the Chula
Vista Senior Citizen's Club at Norman Park Senior Center. The donation is
designated for the Game Facility Master Plan, as described in the approved
Fiscal Year 1994/95 Capital Improvement Project (CIP). Staff recommends
approval of the resolution. (Director of Parks and Recreation) 4/5th's vote
required.
12. RESOLlrfION 17654 EXTENDING AND AMENDING THE SERVICE PROVIDER
AGREEMENT WITH THE YMCA; AND EXTENDING THE SERVICE
PROVIDER AGREEMENT WITH THE BOYS AND GIRLS CLUB, TO
PROVIDE YOlrfH PROGRAMMING SERVICES FOR FISCAL YEAR
1994/95 - When Council adopted the Fiscal Year 1994/95 budget, it included
provisions to fund the Youth ACTION Program at a level of $75,820 through
the General Fund. Of the total, $19,010 is designated for the Junior High
Outreach component, coordinated by the YMCA of San Diego County South
Bay Branch, and $14,287 is designated for the Late Night component,
coordinated by the Boys and Girls Club of Chula Vista. The remaining funds
are utilized by the Department to administer the High School Happenings
Program, special events, and transportation. The original Service Provider
Agreements approved by Council on 9/14/93 with the South Bay Family YMCA
and the Boys and Girls Club of Chula Vista were for a 12-month period
beginning 9/15/93 and ending 9/14/94. Staff recommends approval of the
resolution. (Director of Parks and Recreation)
13. RESOLlrfION 17638 APPROVING AN AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATIO~ FOR AN INTERCHANGE
TRAFFIC SIGNAL IMPROVEMENT AT INTERSTATE ROlrfE 805 AND
EAST ORANGE A VENUE AND AlrfHORIZING THE MAYOR TO
EXEClrfE SAID AGREEMENT - The California Department of
Transportation (Caltrans) has completed a project report for the subject
interchange traffic signal improvement. Caltrans is now prepared to enter into
a cooperative agreement with the City to share the cost for the design,
construction, and maintenance of the proposed signal project. The construction
of the project is scheduled to commence in August of 1995. The project report
is the basis for the cooperative agreement in determining work to be done,
design specifications, and construction and associated project costs. Staff
recommends approval ofthe resolution. (Director of Public Works) Continued
from the meeting of 9/6/94.
* * END OF CONSE~T CALENDAR * *
Agenda -4- September 13, 1994
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fiU out the "Request to Speak Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
14. PUBLIC HEARING CONSIDERING THE REQUEST OF BONITA COUNTRY DAY SCHOOL
FOR A REDUCTION AND/OR DEFERRAL OF CERTAIN FEES - At the
9/6/94 Council Meeting, Council directed staff to prepare a policy for the
deferral of Transportation DIF and other capital-type fees for interim uses where
the life of the capital facility is expected to be substantially longer than the
enjoyment of that facility would allow by the natural life expectancy of the
payor. The resolution proposes such a policy and approves a deferral agreement
with Bonita Country Day School pursuant to said policy. Staff recommends
Council place the ordinance on first reading and approve of the resolutions.
(Director of Public Works)
A. ORDINANCE 2604 AMENDING ORDINANCE NUMBER 2251, AS AMENDED, TO
PROVIDE FOR A PROCEDURE FOR REDUCTION AND/OR
DEFERRAL OF THE TRANSPORT A TION DIF FOR SHORT TERM,
INTERIM FACILITY USERS (first readinl!)
B. RESOLUTION 17655 AMENDING MASTER FEE SCHEDULE TO PERMIT REDUCTION
AND/OR DEFERRAL OF CAPIT AL-F ACILITIES FEES FOR INTERIM
FACILITY USERS
C. RESOLUTION 17656 APPROVING AGREEMENT WITH BONITA COUNTRY DAY SCHOOL
FOR PRORATION AND DEFERRAL OF TRANSPORT A TION DIF AND
OTHER SPECIFIED FEES
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City
Councilfrom taking action on any issues not included on the posted agenda.) If you wish to address the Council
on such a subject, please complete the yellow "Request to Speak Under Oral Communications Fonn" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council wUl consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
Agenda -5- September 13, 1994
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substanlÙll discussions and deliberations by
the Council, staff, or members of the general public. The items wUl be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
15. RESOLUTION 17657 AMENDING THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH
NEW GREEN FEES AT CHULA VISTA MUNICIPAL GOLF COURSE -
American Golf Corporation, the golf course lessee, is requesting a green fee
adjustment as per the existing agreement approved November 1984. The
Agreement allows the lessee to adjust the fees to comparable golf courses at
least once per year. On 5/11/93, Council approved the current fee schedule
which took effect 7/1/93. Staff recommends approval of the resolution.
(Director of Parks and Recreation)
16. REPORT RETAINING MUNICIPAL CODE SECTION 17.10.100 LANGUAGE TO
PERMIT PAYMENT OF REQUIRED PARK FEES 60 DAYS AFTER
FINAL MAP APPROVAL - On 5/24/94, Council approved an amendment to
Municipal Code Section 17.10.100 of the Parkland Dedication Ordinance to
allow Park Acquisition and Development Fees (PAD) to be paid within 60 days
of approving the final subdivision map provided that appropriate security was
provided. The ordinance amendment was in response to problems the
development community was experiencing in securing monies from lenders until
certain legislative approvals were completed. The interim ordinance amendment
was designed to assist developers in securing financing from lenders; thereby
facilitating residential construction. The report evaluates additional options to
pay PAD fees at a point other than Final Map and recommends the ordinance's
recently amended language be retained. Staff recommends Council accept the
report. (Director of Parks and Recreation)
17. REPORT WAIVING DEVELOPMENT IMPACT FEES FOR RELIGIOUS AND
NON-PROFIT PUBLIC SERVICES ORGANIZATIONS, SCHEDULING
A PUBLIC HEARING FOR OCTOBER 4, 1994, AUTHORIZING
REBATE PENDING FINAL DETERMINATION OF POLICY, AND
APPROPRIATING FUNDS FOR THE REBATE - In past actions, Council
has waived fees for religious institutions for the Public Facilities DIF but has not
waived fees for the Street DIF or other development related infrastructure fees.
Council requested that staff prepare a report of waiving fees for not only
religious organizations, but also non-profit public service organizations. In
order to lessen the impact of commuter trips on the streets and highways of the
region and to improve air quality, Chula Vista is exploring ways to provide Park
and Ride facilities. The report will also address the combination of TransDIF
fees and providing for Park and Ride lots in church and other non-profit
properties. Staff recommends Council review the report, schedule a public
hearing for 10/25/94 on the issue, authorize a rebate of 90% of Transdif fees
until a fmal decision is made on fee policy for religious and non-profit public
service organizations. (Director of Public Works) 4/5th's vote required.
Agenda -6- September 13, 1994
18. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
19. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council wUl discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
20. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
21. MAYOR'S REPORT(S)
a. Site for Kids Biz Program - discussion and possible direction.
b. Announcement of closed session decisions.
c. Ratification of appointment to the Resource Conservation Commission - Viviane Marquez.
22. COUNCIL COMMENTS
Councilmember Moore
a. Discussion and possible action regarding B/C/C members absenteeism excused/unexcused
(reference page 12 of B/C/C handbook). Members with attendance of 75 % and members with
unexcused absences of over 25 %. Continued from the meeting of 9/6/94.
b. Consideration of in-house/stafftraining vs. conferences. Continued from the meeting of 9/6/94.
c. Illegallbootleg signs, etc. in residential areas; along side City streets, etc.; and enforcement action.
Continued from the meeting of 9/6/94.
Council member Horton
d. RESOLUTION 17658 OPPOSING PROPOSITION 187 - SAVE OUR STATE
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council wUl
discuss and deliberate on the following items of business which are pennitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of.fiI1gJ action
taken in closed session, and the votes taken. However, due to the typical length 01 time taken up by closed
sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment wUl not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
Agenda -7- September 13, 1994
23. CONFERENCE WITH LEGAL COUNSEL - Existing litigation pursuant to Government Code
Section 54956.9
8 Veltman vs. the City of Chula Vista (Port Litigation).
24. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
8 Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA), Western Council
of Engineers (WCE), Police Officers Association (POA), and International Association
of Fire Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
25. CONFERENCE WITH LEGAL COUNSEL - Anticipated litigation pursuant to Government Code
Section 54956.9
8 Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1.
8 City vs. Solid Waste Management JPA (differential rate structure and transfer station
legal issues).
8 Chaparral Greens - Endangered Species Act.
8 Metro Sewer Adjustment Billing.
8 Redevelopment Agency Disposition and Development Agreement with Wal-Mart Stores,
Inc.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957
8 Title: City Attorney
26. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on September 20,
1994 at 6:00 p.m. in the City Council Chambers.
September 1, 1994
TO: The Honorable Mayor and City Council
FROM: John D. Goss, City Manager &l. i~
SUBJECf: City Council Meeting of September 13, 1994
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, September 13, 1994. Comments regarding the Written
Communications are as follows:
5a. This is a letter from Pacific Disposal requesting that they be placed on
the agenda to make a presentation regarding their business plan for a
waste transfer station. IT IS RECOMMENDED THAT COUNCIL
ALLOT PACIFIC DISPOSAL TEN MINUTES ON THIS AGENDA
FOR A PRESENTATION.
JDG:mab
~ PACIFIC DISPOSAL, INC. RECEIVED
199% Mace Street
Chula Vista, CA 91911 W II' -7 An ~9
- r: (619)221-8060
Fax: (619) 476-0768
IY Of CHULA V'W
Y CLERK'S OFF (
September 6, 1994
Ms. Beverly A. Authelet
City Clerk
City of Chula Vista
276 4th Ave.
Chula Vista, Ca. 91910
Dear Ms. Authelet;
We at Pacific Disposal, Inc. respectively request that we be agendized to present to the full city
council at their September 13, 1994 meeting a business plan developed by us for a waste
transfer station. This plan was discussed in brief with Mr. George Kremple on Friday September
3, 1994.
The basis for our presentation will to be to introduce the overall concept, our design and
construction firm FSEC Inc., Mr. Jay Powell from Mid-American Waste Systems and our attorney
to explain the mechanics of our proposal. We request 10 minutes for this item.
Thankin
WRln'EN COMMUN'ICA TIO,NS
r ?J/J;/
5.,,-'¡
~ PAC. FIC DISPOSAL, INC.
199% Mace Street
Chula Vista, CA 91911
- c (619) 221-8060
Fax: (619) 476-0768
September 1, 1994
Mr. George Kremple
Deputy City Manager
City of Chula Vista
276 4th Ave.
Chula Vista, Ca. 91910
Mr. Kremple
The following infonnation is for your review and comments. Pacific Disposal, Inc. is a local waste
hauler located in the City of Chula Vista at 199 112 Mace Street. We have primarily been in the
roll-off bin business and now have focused on the larger scale of the waste business to include
both front-load bin service and residential customers.
As the County of San Diego has raised their tipping fees by such a large percentage in the last
three years we have explored the many options available to dispose of waste at a lower and more
stable price per ton fee and we decided the best use of our resources and time would be to use
the facility to be built by Mid-American Waste Systems on the Campo Band of Mission Indians site
located in Campo, Cau We have signed a contract with Mid-American at a guaranteed per ton
price we then sought out potential users for our services and were overwhelmed with the positive
responses we received from our program. This response led us to the conclusion that to more
fully utilize the Mid-American Landfill site or other permitted sites, we should explore the
permitting and construction of a Waste Transfer Station. We explored many avenues with the end
result being to pick FSEC Inc. who are a subsidiary of Arctic Slope Regional Corporation as the
company we want to do this project from start to finish. FSEC Inc. has an unblemished track
record in the permitting, engineering and construction of these kinds of facilities and will be
prepared to present to your City Council a summary and initial plans at your next Council meeting
involving a site at 187 Mace St. in Chula Vista.
We have obtained private financing to accomplish this project and would be prepared to start this
project as soon as the necessary permits are obtained at no cost to the City. This facility would
have the capabilities of handling 300,000 tons per year.
This process led us to explore other financing options where we found that there is a way of
financing this project through Bonds and the enclosed letter from our attorney, Mr. Ronald
."".
Óð.,-' J
~ PACIFIC DISPOSAL, INC.
199% Mace Street
Chula Vista, CA 91911
. G (619) 221-8060
Fax: (619) 476-0768
Stauber explains a plan that would allow this needed facility to be built and financed at no cost
to the City of Chula Vista, but would allow the City to own the site after the bonds are paid back.
We find this plan most interesting and the end result would be a transfer station in the City of
Chula Vista, an operator for the plant, a stable and reasonable tipping fee at Mid-Americans site
or others as available and full ownership of this plant by the City of Chula Vista at the end of
the bond period.
In closing we would like to assemble at your earliest convince all of the principals in these plans
to let each of them explain their views and to let you and your City Council ask questions of them
so you may let us go forward with this needed facility at the earliest date possible.
We believe this to be an important issue to the City and its citizens. This option is a viable one
and request that it be considered along with the others now under consideration.
We await your advice on the best way to proceed with this venture.
1
,{
5~ ., i
09/02/94 09: 58 FAX 818 568 2295 ,> 141 002/011
ENGINEERING
CONSTRUCTION
FINANCING , ,""""""-._"
OP~RATION . ~.~ I N COR P 0 RAT
" 00 East Corson Street.. Pasadena, CA 91103-384
.~,568-2290 . Fax (818) 568.22 i
""t\
.~. ~
September 2, 1994 ~
Mr. ~orge HOlland' ..
Pres~dent'
Pacific Disposal J
199 1/2 Mace street
Chula vista, CA 91911
Subject:.
W
., .
Dear Jorge:
I enjoyed meeting with you th1 k to discuss YI:;Jur proposal to
pr~vately design and build a tr r facility to serve the
nee'. of the City of Chula Vista other surrou:l1ding
muni 'pali ties. In that regard I a ending via f.;\x a statement
of Qu ifications and Experience on FSEC. As we discussed FSEC
is a m tidisciplined architectural-engineering a:nd construction
firm s cializing in the planning, analysis, desi9n and
constru ion of special-purpose facilities for the solid waste
industry. FSEC currently has similar projects under contract in
several counties in Southern California.
..
In meeting with the city today please inform the appropriate
officials of FSEC interest in beùoming a teaming partner with
Pacific Disposbl.to successfully bring this project to reality.
A more complete information package specific to the proposed
facility incorporating all of the design criteria, cost and
financial information can be made available to the city upon
request.
cordially,
FSEC INCORP~RA~TEÙ .
~q' O~
Dennis J. 81 tery ~
Senior Marketing Consult nt
(818) 568-2298
DJS : dt 5 p., ., .>'
VIA FAX
q) A Subsidiary Or Arctic Slope Regional Corporation
09/02/94 09:59 FAX 818 568 2295 FSEC ~ 003/011
.,
~
FSEC, INC. 94-2184
STATEMENT
Q.E
QUALIFICATIONS AND EXPERIENCE
1.0 BACKGROUND
FSEC, Inc. (FSEC), a California Corporation, is a multidiscíplined Architect-Engineer,
Construction Manager and Constructor that specializes in furnishing architect-engineer.
construction management (Title II), and construction services on facilities and
installations employing the state-of-the~art and emerging technologies in the
manufacturing, electronics, aerospace, research and development, environment, energy,
and defense industries. FSEC, Inc. was incorporated in Califl:>rnia in June of 1993 and
was formed from the assets of the firm Facilities Systems IEngineering Corporation.
Facilities Systems Engineering Corporation selVed the same elients as FSEC, Inc., and
had provided architect-engineer and construction services s:ínce 1974. Prior to that
tíme, the founding principals of FSEC had been involved with the design of similar
installations since 1960. FSEC's staff consists of engineers, paraprofessionals, and
construction personnel who have spent most of their careers on the design and
construction of the facilities and installations required by major participants in the above
mentioned industries.
Recently, FSEC has been acquired by the Arctic Slope Regional Corporation (ASRC).
ASHC was formed in 1971 through the Alaska Native Claims Settlement Act (ANCSA)
and has prospered since that time, largely in engineering and construction businesses.
ASRC operates throughout the state of Alaska and has operations in the "Lower 48";
specifically architect-engineer, construction, and design-construction services offices in
Portland, San Jose, Sacramento, Phoenix, Albuquerque, and Pasadena, California.
ASRC employs more than 3,500 people with a large fraction being part of their
engineering and construction operation. ASRC and FSEG are each considered a
Socially and Economically Disadvantage Minority Business Enterprise. FSEC is also
considered a Small Disadvantaged Business.
FSEC is headquartered in Pasadena, California. FSEC also Ihas project offices located
throughout Southern California and the United States to support major facilities design
and construction programs. FSEC has completed a variety of projects for well known
industry leaders and Government agencies and regularly is awarded long-term Indefinite
Quantity Contracts.
~
STATEMENT o~ QUALIFICATIONS AND EXPERIENCE PAGE 1
~~t
09/02194 10:00 FAX 818 568 2295 FSEC I4J 004/011
"
FSEC, INC. 94-2184
1.2 CURRENT STATUS INFORMATION
A. Current MBE Status
FSEC is considered a Socially and Economically Disadvantaged Minority Business
Enterprise as a subsidiary of the Arctic Slope Regional Corporation (ASRC).
ASRC is conSidered a Native American organization a:s defined under DRARS
252.219-7000 and 13CFR124.100. FSEC has submitted an application to the
Southern California Regional Purchasing Council for 10c3.1 certification.
B. '§ize Statu§.
FSEC is considered a Small Business as outlined in 13GFR121.402.
C. SIC Codes
FSEC currently accomplishes work under SIC Codes 1629, 1541, 1542, and 8711.
D. Proper Address
FSEC, Inc.
100 East Corson Street
Pasadena: California 91103-3840
Telephone: (818) 568-2290
Fax: (818) 568-2295
E. Parent Com pan\{
Arctic Slope Regional Corporation (ASRC)
301 Arctic Slope Avenue
Suite 300
Anchorage, Alaska 99158-3035
Telephone: (907) 349-2369
Fax: (907) 349-5476
FSEC, Inc. is a wholly-owned subsidiary of ASRC.
.
F. Insurance Coveraaes
Please see Table 1.1 for FSEC's schedule of insuranCEt coverages.
~
STATEMENT OF QUAUFICATIONS AND EXPERIENCE PAGE 2
~w'}
09/02/94 10:00 FAX 818 568 2295 FSEC I4J 005/011
,\
FSEC, INC. 94-2184
G. LicensinQ
California Contractor's State License No. 685545
A-General Engineering Contractor
H. Bondina Capabili!ï
FSEC's Payment and Performance Bonds are provided b~' Reliance United Pacific.
FSEC's bonding limit is $100.000,000.
1.3 CAP ABILITIES
FSEC is fully staffed to, and does regularly furnish the follCtwing types of Architect/
Engineer and Construction Services:
. Design Criteria . Construction Management Services
* Master Planning . Environmental Impact Reports
. Cost Estimates . T echnical/E:conomic Analyses
. Project Development . Design/Construct Services
.
. Conceptual Design . Plant StartuUp
. Architect/Engineer Services . Hazards Allalysis
. Program Schedule Planning . Financing
. Feasibility Studies . Operations and Maintenance
. Site Selection . Permitting
. Equipment Purchase/Installation
FSEC's computerized accounting system is capable of tracking individual projects and
job costs. The accounting system has been audited and approved by Defense Contract
Audit Agency (DCAA) for negotiated fixed fee and cost plus contracts, and has been
used successfully on many cost type contracts.
"
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STATEMENT or: QUALIFICATIONS AND ¡:¡xper;¡lliNcE PAGE 3
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09/02/94 10:01 FAX 818 568 2295 FSEC ~ 006/011
,j
FSEC, INC. 94-2184
FSEC maintains a complete CAD capability with AutoCAD Ve!rsion 11 and GDS. The
company employs 6 permanent CAD operators, each with over three years of
experience, and most with engineering degrees.
1.4 RESOURCES
FSEC maintains a strong capability in the following disciiplines and engineering
specialties:
ArchitectlEnaineer Services Mechanical & I l1çJust rial EnQineerinQ
. Systems Engineering/Integration . Process Analysis and Design
. Architectural . Heating, VE!ntilating, Air Conditioning
. Civil . Mechanisms & Machinery
. Structural . Utility Systl~ms
. Nuclear . Material Handling Systems
. CAD Operators/Designers . Automated Storage/Retrieval
.
. Work Flow Analysis
. Plant Layout and Design
Electrical EnSJineerinQ Management Services
. Power Supply & Distribution . Project Management
. Data Processing . Contract Management
. Lighting Systems III Quality Control
. Communications . Constructil)n Management
. Security Systems . Operations and Maintenance
. Instrumentation & Control
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STATEMENT OF QUAUFICATIONS AND ËXPERIENCI; PAGE 4
f~ ~ '7
09/02/94 10:02 FAX 818 568 2295 FSEC [4]007/011
,I
FSEC, INC. 94-2184
FSEC is primarily engaged in the design and construction of a wide range of general-
purpose and special-purpose facilities for the manufacturin", electronics, defense,
aerospace, research and development, and energy industries. This experience includes
facility rearrangements, manufacturing facilities, laboratories. research facilities, office
areas, administrative areas, testing areas, fluid and gas storage and distribution
systems, and utility projects of all types. This expertise permits the firm to operate on
a strong response basis to all facility requirements.
1.5 CLIENTS
FSEC has served the following clients for more than one projl9ct and over a period of
many years:
Jet Propulsion Laboratory Gent~ral Dynamics
United States Army 3M Corporation
TRW Defense & Space Systems Group Lockheed Aircraft
United States Air Force Ricoh Electronics
Northrop Corporation Xemx Corporation
United States Navy Dou!~las Aircraft Company
Sperry Litton Industries
Veterans Administration BFI
United States Depot Systems Command AMGEN
United States Coast Guard Libmscope
Aerojet Solid Rocket Company Depot Systems Command
Hughes Aircraft Company Universal Studios
United States Department of Energy Warner Lambert Corporation
Aerospace Corporation Liebert Corporation
NASA General Atomics
ARCa Allle!d Signal
United States Department of Agriculture Paramount Studios
Chevron TWA
United States Postal Service United Airlines
Rockwell International McDonnell Douglas
1.6 CORPORATE ORGANIZATION/ACCOUNTING PRACTICE~~
FSEC uses the matrix type organization shown on the opposiite page. Personnel and
accounting policies are structured to meet the requirements of the Federal Acquisition
Regulations for the negotiation of fixed price and cost reimbursement contracts with the
United States Government. These same policies are employed on contracts with
private clients.
~
SiATEMENT o~ QUALIFICATIONS AND ¡;XPERIENCE PAGI: IS
~"IP
09/02/94 10:02 FAX 818 568 2295 FSEC I4J 008/011
"I
FSEC, INC. 94-2184
FSEC is routinely audited by the Defense Contract Audit A'gency (OCAA) for both
negotiated fixed price and cost reimbursement contracts. These audits have included
pre-award surveys, post award audits, and contract closeout. The accounting system
utilized by FSEC has been approved for cost reimbursement contracts and OCAA has
approved the burden elements. FSEC's latest audit was conducted in May f 1992 by
the EI Segundo, California office of OCAA for Contract No. DAAC89-90-C-O 162,
Consolidated Maintenance Facility, Tooele Army Depot. FSEC's direct labor rates,
overhead rates, and general administrative rates have been approved for use on
Govemment contracts.
1.7 PROJECT ORGANIZA TION/ST AFFING
FSEC can and does guarantee the adequacy of staff for all engineering and
construction projects undertaken. FSEC can also guarantee thl9 availability of additional
competent, regular employees for support of any necessary project expansion,
acceleration of the project, or additional tasks. FSEC guarantees the manpower and
capabilities to perform all of the work with the highest qualit,{ within the time frames
scheduled.
FSEC employs over 70 architects, engineers, scientists, defìigners, contractors, and
specialized personnel as the nucleus of the work force. Additional personnel are
available from off-site project offices and from the resourC'9S of the FSEC parent,
ASRC. The size of this permanent Pasadena staff, with its built-in versatility and
established facilities, puts FSEC in a strong position to undertake engineering,
analyses, designs, and construction work.
FSEC personnel are immediately available for NE and construction management
assignments and will be guaranteed to be available during the course of an entire
project. FSEC personnel have long periods of employment at FSEC. The structure,
size, and organization of FSEC motivates personnel to maintain long periods of employ~
ment and career development at FSEC.
1.8 CURRENT WORKLOAD
FSEC's current wor1<load is rapidly being completed. Recently, we completed a $75
million design/construct project for the U.S. Anny in Tooele, Utah, and have completed
the design and construction of a $25 million waste-to-energyfacility on the East Coast.
As you know, work in the Los Angeles area aerospace industl'Y has decreased sharply,
thus reducing our current backlog.
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STATEMENT 010 aUAU¡:IC¡\TlONS AND EXPERIENCE PAGE 6
5~ "1/
09/02/94 10:03 FAX 818 568 2295 FSEC I4J 009/011
FSEC, INC. 94-2184
Our current workload consists of service type contract projects, architect/engineer
services, and some small design/build projects. Experienced competent personnel can
be made available immediately.
1.9 COMPLETED PROJECTS
A partial lísting of related projects is contained in this Statemlmt of Qualifications and
Experience. If you are interested in an expanded description of the projects listed or
of our experience in any designated area, a detailed responsl3 will be made available
immediately or during oral presentations.
1.10 CONTACTS/REFERENCES
The following people can be contacted if references are required for FSEC:
Northrop Corporation - Pico Rivera, CA
Mr. Tom Maske, Director of FaciHties
(310) 948-0139
Ms. Teresa Walker Mr. Mike Selentich
(310) 942-3109 (310) 406-8606
Mr. Mike Adamich (AFP 42, Palmdare)
(805) 272-7000
.
Litton Industries - Van Nuysl CA
Mr. WilJiam Becker Mr. Dean Watson
(818) 902-5586 (818) 597-5413
Douglas Aircraft Company - LonQ Beach, CA
Mr. Thpmas McClelland Mr. Larry S%atkowski
(310) '497-5686 (310) 497-5676
Hughes Aircraft Company - Los Angeles, CA
Mr. M~arten Overs,Îer (Radar)
(310) 606-2304 #
Mr. Bryan Wesley (EDSG)
(310) 601-1326
Mr. Roy Anderson (EDD)
(310) 517-5015
,
1 United States Government - Tooele Army DeDot
, ~ Mr. Ben Veri
(801) 833-2327
~
$TATEMENr 01= QUAUFICArlONS AND EXPEA'!;N~E:;'\ PAGE 7
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--
QUI!. ~I~É NUM9U
September 1, 1994
Mr. 30rge N. Holland
PACIFIC DISPOSAL, INC.
199 1/2 Mace street
Chula Vista, California 91911
Re: Exempt FacilLty: Bonds
Dear Mr. Holland:
You have requested certain information concerning the proposed
financing of a transfer station to be located within the city of
Chula Vista, County of San Diego and state of California. In
particular, although preliminary in nature, we have discussed the
possibility of having the financing accomplished through a
private activity bond that constitutes an exempt facility bond -
a tax-exempt qualified bond in accordance with the provisions of
the Internal Revenue Code. In sunnnary, the issuer will be a non-
profit corporation .(the "Corporation") organized and existing
under the laws of the State of California. It will obtain an
identification number, will file an information return annually
with the Internal Revenue service Center, and will sell and issue
its bonds pursuant to an underwriting. It is our understanding
that the city of Chula Vista is a political subdivision of the
State of California located in the County of San Diego, Cali-
fornia, and files no tax returns.
In summary, the Corporation will acquire, either by purchase or
lease, certain real property in the City of Chula Vista and will
construct on that property a transfer station. The facility will
be operated by Pacific Disposal Management Co. ( "Management"), a
wholly owned subsidiary of pacific Disposal, Inc., as lessee
under a lease from the corporation.
To finance the construction of the transfer station, the Corpo-
ration will issue its bonds pursuant to an indenture to be pur-
châ~ed by the underwriters. When all of the bonds have been paid
and redeemed, title to the transfer station will vest absolutely
in the City of Chula Vista.
'-
~-¡f
"
Mr. Jorge N. Holland
September 1, 1994
Page Two
The Articles of Incorporation will provide that the specific and
primary purposes for which a Corporation is formed is to acquire
the property and to construct the transfer station and in con-
junction therewith, to operate and maintain the transfer station
and make it available to the general public, and to conduct its
business and affairs so as to vest in the City of Chula vista
full legal title to the real property and the transfer station.
All powers to the corporation will be exclusively withip the
appropriate sections of the Internal Revenue Code and the corpo-
ration will not contemplate pecuniary gain or profit to its
members and will be organized solely for non-profit purposes.
Upon payment of all indebtedness incurred by the corporation in
the acquisition of the real property and the construction of the
transfer station, the Corporation sh~ll, without further action
by its members or Board of Directors, transfer, convey and set
over to the city of Chula vista its entire right, title and
interest in the transfer station pursuant to the appropriate real
estate instruments which will be developed as part of the
financing package.
In connection with the bonds, the bonds will be secured by the
indenture mortgage and deed of trust, the principal amount of the
bonds will not be ïn exceSS of the amount required to build the
transfer station, except for bonds which may be issued pursuant
to permissible supplemental indentures. To secure payment of the
bonds, the Corporation will grant a lien on its real and personal
property, including the lease described below, and the revenues
therefrom.
The bonds, upon sale, will be authenticated and delivered to a
bond trustee only upon compliance with certain closing conditions
and the Corporation shall deposit with the Trustee all the net
proceeds from the sale of the initial series of bonds (including
accrued interest), and the Trustee out of the such proceeds shall
deposit to the credit of certain funds, the required construction
proceeds.
Þursuant to the terms of the lease mentioned above, Management
will lease the transfer station from the Corporation and Manage-
ment will have sole and exclusive possession of the transfer
station and shall pay basic and additional rent. The basic rent
is designed to meet the debt service requirements of the bonds.
Such payments of basic rent shall be in monthly installments and
shall be payable to the bond trustee. Management will also agree
to pay additional rent for~the following items: (i) taxes and
assessments, (ii) administrative cost of the Corporation, (iii)
~,/¿
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Mr. Jorge N. Holland
September 1, 1994
Page Three
cost incurred by the Corporation in fulfilling its covenants
under the indenture; and (iv) certain funds advanced to meet
obligations of Management. Management has the right to prepay
any basic rent and basic rent shall be abated when the amount on
hand is sufficient to redeem all of the bonds outstanding.
Management, as a wholly owned subsidiary of pacific Disposal,
Inc., in order to enhance the marketability of the bonds and
thereby secure a more favorable interest cost and the ultimate
transfer of the transfer station to the City of Chula Vista, will
guarantee the payment of principal and interest on the bonds
pursuant to a separate written guarantee.
As part of the transaction, various counsel will be retained,
including bond counsel who will furnish the city of Chula Vista
with an opinion as to the liability of the City with respect to
the bonds and the transfer station. In summary, said opinion
will address the validity of the bonds and will also indicate
that the bonds do not constitute an obligation, general or
special, of the city of Chula vista or the County of San Diego
and that no holders of the bonds can compel the exercise of any
taxing powers of the City or County, or application Of any funds,
whether general or special of the city or County, to pay princi-
pal or interest on the bonds. Further, the Corporation and
Management will covenant and agree to hold the City and County
harmless from any and all liabilities which might arise with
respect to the transfer station, to procure and maintain insur-
ance against liability, including the City of Chula vista as an
insured party. Further, the opinion will indicate that title to
the transfer station will, upon full payment and retirement of
all bonds, vest in the City of Chula Vista and the city of Chula
vista will be given the option, which it may exercise but need
not exercise, to purchase the transfer station from the Corpora-
tion in the event of a default by the Corporation.
Pursuant to your instructions, we are presently discussing the
project with various investment bankers and special tax and bond
counsel.
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~ PACIFIC DISPOSAL, INC.
1991/2 Mace Street
Chula Vista, CA 92011
: a (619) 221-8060
Fax: (619) 476-0768
Mr. Tim Nader, Mayor September 13, 1994
City of Chula Vista
Chula Vista, Ca. 91910
Mr. Mayor
We at Paåfic Disposal, Inc. thank you for the opportunity to present to the City Counål
our proposed transfer station plans.
1. Site
We have located a site at 187 Mace Street in the City of Chula Vista. This site is in an
industrial area encompassing 4.75 acres.
2. Faålity
The faålity will 40,000 sq. ft. in size under roof with room for expansion for a MRF
station. This faålity will have the capaåty to handle 300,000 tons per year.
3. Funding
Paåfic Disposal, Inc. is fully funded for the completion of this project.
4. Dump Sites
We have a contract with Mid-American Waste Systems for their Campo, Ca. landfill and
have an agreement with Southwest Disposal for 1000 tons per day at their Somerton Az.
landfill.
5. Priång
We believe we can achieve a tipping fee for the City of Chula Vista's waste of $42.50 per
ton all inclusive. This fee is based on both Mid-Americans Campo site and Southwest's
landfill in Arizona.
6. Operational start-up
We project that we will be in operation 18 months from the day of approval of land use
by the City of Chula Vista.
5a--- /9
In closing we would like to extend to you the opportunity to view our plans in detail and
would make available to City Staff, any and all documents that relate to this project.
Jorge d, President
Pad isposal, Inc.
,5Q-~êJ
09/02/94 09;58 FAX 818 568 2295 ? [4¡ 002/011
ENGINEERING
CONSTRUCTION
FINANCING ~.
,.
OPE-RATION INCORPORAT
~o East Co ,"on >treet' . Pasadena. CA 91103,384.
18) 568-2290 . Fax (8'8) 568.2296
I
September 2, 1994 .
Mr. Jorge Holland '\
President
Pacific Disposal
199 1/2 Mace street
Chula vista, CA 91911
Subject: Proposed Tra
Chula Vista,
.
Dear Jorge:
I enjoyed meeting with you thi , ek to discuss y,jur proposal to
privately design and build a tr r facility to serve the
need~ of the City of chula Vista 'a other surrou:nding
muni\ipali ties. In that regard I am ending via f.;\X a statement
of Qualifications and Experience on FSEC. As we discussed FSEC
is a IDql tidisciplined architectural-engineering a'nd construction
firm s~cializing in the planning, analysis, desi9n and
constru tion of special-purpose facilities for th~ solid waste
indust.ry. FSEC currently has similar projects und,er contract in
several counties in Southern California.
In meeting with the city today please inform the appropriate
officials of f'SEC interest in becoming a teaming 'partner with
Pacific Disposhl~to successfully bring this project to reality.
A more complete information package specific to the proposed
facility incorporating all of the design criteria, cost and
financial information can be made available to the city upon
request.
cordially,
FSEC INCORPO~, . -
;/j#~ ~~
,Dennis J. 51 tery
Senior Marketing Consult nt
(818) 568-2298
DJS:dt q) A S~i~ O!:C~:J\ i1eglon,a; Co'petal,Q'!
VIA FAX
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09:02/94 09:59 FAX 818 568 2295 FSEC f4I 003: 011
A
FSEC, INC. 94-2184
STATEMENT
Qf
QUALIFICATIONS AND EXPERIENCE
1.0 BACKGROUND
FSEC, Inc. (FSEC), a California Corporation, is a multidisciplined Architect-Engineer,
Construction Manager and Constructor that specializes in turn ishing architect-engineer,
construction management (Title II), and construction services on facilities and
installations employing the state-of-the~art and emerging technologies in the
manufacturing, electronics, aerospace, research and development, environment, energy,
and defense industries. FSEC, Inc. was incorporated in Calif¡;)rnia. in June of 1993 and
was formed from the assets of the firm Facilities Systems ¡Engineering Corporation.
Facilities Systems Engineering Corporation served the same clients as FSEC, Inc., and
had provided architect-engineer and construction services s;ince 1974. P lior to that
time, the founding principals of FSEC had been involved with the design of similar
installations since 1960. FSEC's staff consists of engineem, paraprofessionals, and
construction personnel who have spent most of their careers on the design and
construction of the facilities and installations required by majo~ participants in the above
mentioned industries,
Recently, FSEC has been acquired by the Arctic Slope Regi()nal Corporation (ASRC).
ASRC was formed in 1971 through the Alaska Native Claims Settlement Act (ANCSA)
and has prospered since that time, largely in engineering and construction businesses.
ASRC operates throughout the state of Alaska and has operations in the "Lower 48";
specifically architect-engineer, construction, and design-construction services offices in
Portland, San Jose, Sacramento, Phoenix, Albuquerque, and Pasadena, California.
ASRC employs more than 3,500 people with a large fraction being part of their
engineering and construction operation. ASRC and FSEC are each considered a
Socially and Economically Disadvantage Minority Business Enterprise. FSEC is also
considered a Small Disadvantaged Business.
FSEC is headquartered in Pasadena, California. FSEC also !r-¡as project offices located
throughout Southern California and the United States to support major fací1ities design
and construction programs. FSEC has completed a variety of projects for well known
industry leaders and Govemment agencies and regular1y is awarded long-term Indefinite
Quantity Contracts.
STATEMENT or:: QU.i..IFIGATIONS AND EXPERIENCE PAGE 1
,.- 50 -~
q- ?-q4 1="1<'1 P.~11 P. 1 :: ~":.R ??q~ P . VI.~
09:0219-1 10:00 FAX 818 568 2295 FSEC [4¡ 00-1 lOll
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FSEC, INC. 94-2184
I
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1.2 CURRENT STATUS INFORMATION
A. Current MBE Status
FSEC is considered a Socially and Economically Disadva'1taged Minority Business
Enterprise as a subsidiary of the Arctic Slope Regional Corporation (ASRC).
ASRC is considered a Native American organization a:s defined under DRARS
252.219-7000 and 13CFR124.100. FSEC has submitted an application to the
Southern California Regional Purchasing Council for local certification.
B. §ize Status
FSEC is considered a Small Business as outlined in 13GFR121.402.
C. SIC Codes !
FSEC currently accomplishes work under SIC Codes 162.9, 1541, 1542, and 8711. i
D. Proper Address
FSEC, Inc. I
100 East Corson Street
Pasadena, California 91103-3840
Telephone: (818) 568-2290
Fax: (818) 568-2295
E. Parent Com pan\[
Arctic Slope Regional Corporation (ASRC)
301 Arctic Slope Avenue
Suite 300
Anchorage, Alaska 99158-3035
Telephone: (907) 349-2369
Fax: (907) 349-5476
FSEC, Inc. is a wholly-owned subsidiary of ASRC-
~
F. Insurance CoveraQes
Please see Table 1.' for FSEC's schedule of insuranCE} coverages.
STATEMENi OF QUAUFICATIONS AND EXPERIENCE PAGE 2
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09/02/94 10:00 FAX 818 568 2295 FSEC [4¡ 005 /011
FSEC, INC. 94-2184
G. LicensinQ
California Contractor's State License No. 685545
A-General Engineering Contractor
H. Bondína CapabiliJy
FSEC's Payment and Performance Bonds are provided b~' Reliance United Pacific.
FSEC's bonding limit is $100,000,000.
1.3 CAPABILITIES
FSEC is fully staffed to, and does regularly furnish the follc,wing types of Architect!
Engineer and Construction Services:
. Design Criteria . Construction Management Services
. Master Planning . Environmental Impact Reports
. Cost Estimates . TechnicallEconomic Analyses
. Project Development . Design/Construct SelVìces
. Conceptual Design . Plant Start..Up
. Architect/Engineer SelVices . Hazards Analysis
. Program Schedule Planning . Financing
. Feasìbìlity Studies . Operations and Maintenance
. Site Selection . Permitting
. Equipment Purchasellnstallation
FSEC's computerized accounting system is capable of tracking individual projects and
job costs. The accounting system has been audited and approved by Defense Contract
Audit Agency (DCAA) for negotiated fixed fee and cost plus contracts, and has been
ust.:d successfully on many cost type contracts.
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STATEMENT OF QUALIFICATIONS AND EXPERIENCE PAGE J
5a- ~L
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09:02:94 10:01 FAX 818 568 2295 FSEC I4JOO6/011
FSEC, INC. 94.2184
FSEC maintains a complete CAD capability with AutoCAD Version 11 and GDS. The
company employs 6 permanent CAD operators. each with over three years of
experience, and most with engineering degrees.
1.4 RESOURCES
FSEC maintains a strong capability in the following disc.plìnes and engineering
specialties:
Architect/Engineer Services Mechanical & ;1dustrial EnQineerinQ
. Systems Engineering/Integration . Process Analysis and Design
. Architectural . Heating. Ve~nti1ating, Ai r Conditioning
. Civil . Mechanisms & Machinery
. Structural . Utility SysMms
. Nuclear . Material Handling Systems
. CAD Operators/Designers . Automated Storage/Retrieval
. Work Flow Analysis
. Plant Layout and Design
Electrical EngineerinQ Management Services
. Power Supply & Distribution . Project Management
. Data Processing . Contract Management
. Lighting Systems " Quality Control
. Communications . Constructil)n Management
. Security Systems . Operatiom¡ and Maintenance
. Instrumentation & Control
STATËMENT OF auAuFICATIONS AND EXPERIENCE PAGE 4
_.- 5a-d-S
CI- ?-Cla ~¡;'T ~: . 1 7. P.1P. c; o::.~: ??c,c; P VI. 0::.
09/02-'94 10:02 FAX 818 568 2295 FSEC
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FSEC, INC. 94-2184
FSEC is primarily engaged in the design and construction of a wide range of general-
purpose and special-purpose facilities for the manufacturin~l, electronics, defense,
aerospace, research and development, and energy industries. This experience includes
facility rearrangements, manufacturing facilities, laboratories. research facilities, office
areas, administrative areas, testing areas, fluid and gas storage and distribution
systems, and utility projects of all types. This expertise permi1s the firm to operate on
a strong response basis to all facility requirements.
1.5 CLIENTS
FSEC has served the following clients for more than one projl:ct and over a period of
many years:
Jet Propulsion Laboratory Gent~ral Dynamics
United States Army 3M Corporation
TRW Defense & Space Systems Group Lockheed Aircraft
United States Air Force Ricoh Electronics
Northrop Corporation Xemx Corporation
United States Navy Dou!~las Aircraft Company
Sperry Litton Industries
Veterans Administration 8FI
United States Depot Systems Command AMGEN
United States Coast Guard Libra-scope
Aerojet Solid Rocket Company Depot Systems Command
Hughes Aircraft Company Universal Studios
United States Department of Energy Warner Lambert Corporation
Aerospace Corporation Liebert Corporation
NASA General Atomics
ARGO Allie.d Signa!
United States Department of Agriculture Paramount Studios
Chevron TWA
United States Postal Service United Airlines
Rockwell International McDonnell Douglas
1.6 CORPORATE ORGANIZATION/ACCOUNTING PRACTICE~~
FSEC uses the matrix type organization shown on the oppo~Ue page. Personnel and
accounting policies are structured to meet the requirements of the Federal Acquisition
Regulations for the negotiation of fixed price and cost reimbursement contracts with the
United States Government. These same policies are employed on contracts with
private clients.
SrAT&MENT o~ aU~LlFICATIONS AND EX~ERIENCË PAC'>Ë 5
;
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141008/011
FSEC, INC. 94-2184
FSEC is routinely audited by the Defense Contract Audit A~ency (DCAA) for both
negotiated fixed price and cost reimbursement contracts. These audits have included
pre-award surveys, post award audits, and contract closeout. The accounting system
utilized by FSEC has been approved for cost reimbursement c:ontracts and DCAA has
approved the burden elements. FSEC's latest audit was conducted in May, 1992 by
the EI Segundo, California office of DCAA for Contract No. DAAC89-90-C-0162,
Consolidated Maintenance Facility, Tooele Army Depot. FSEC's direct labor rates.
overhead rates, and general administrative rates have been approved for use on
Govemment contracts.
1.7 PROJECT ORGANIZA TION/ST AFFING
FSEC can and does guarantee the adequacy of staff for all engineering and
construction projects undertaken. FSEC can also guarantee th/9 availability of additional
competent, regular employees for support of any necessary project expansion,
acceleration of the project, or additional tasks. FSEC guarantees the manpower and
capabilities to perform all of the work with the highest qualí~( within the time frames
scheduled.
FSEC employs over 70 architectS, engineers, scientists, de~ìÌgners, contractors, and
specialized personnel as the nucleus of the work force. Additional personnel are
available from off-site project offices and from the resourC9S of the FSEC parent,
ASRC The size of this permanent Pasadena staff, with its built-in versatility and
established facilities, puts FSEC in a strong position to undertake engineering,
analyses, designs, and construction work.
FSEC personnel are immediately available for AlE and construction management
assignments and will be guaranteed to be available during the course of an entire
project. FSEC personnel have long periods of employment at FSEC. The structure,
size. and organization of FSEC motivates personnel to maintain long periods of employ-
ment and career development at FSEC.
1.8 CURRENT WORKLOAD
FSEC's current workload is rapidly being completed. Recently, we completed a $75
million design/construct project for the U.S. Army in Tooele, Utah, and have completed
the design and construction of a $25 million waste-to-energyfacility on the East Coast.
As you know, work in the Los Angeles area aerospace ¡ndusty has decreased sharply,
thus reducing our current backlog.
$TATEM!::NT OJ; QUAU~iCAnONS AND EXPERIENcr PAGE 6
,-- Sa - eLf-
9- 2-94 FRI 8:14 818 568 2295 P.et8
Ofl'1I2'94 10:03 FAX 818 568 2295 FSEC [4]009:011
FSEC, INC. 94-2184
Our current workload consists of service type contract projects, architect/engineer
services, and some small design/build projects. Experienced competent personnel can
be made available immediately.
1.9 COMPLETED PROJECTS
A partial listing of related projects is contained in this Statem(mt of Qualifications and
Experience. If you are interested in an expanded description of the projects listed or
of our experience in any designated area, a detailed respons'~ will be made available
immediately or during oral presentations.
1.10 CONTACTS/REFERENCES
The following people can be contacted if references are required for FSEC:
Northrop Corporation - Pica Rivera. CA
Mr. Tom Moske, Director of Facillties
(310) 948-0139
Ms. Teresa Walker Mr. Mike Selentich
(310) 942-3109 (310) 406-8606
Mr. Mike Adamich (AFP 42, Palmdale)
(80S) 272-7000
Litton Industries - Van Nuvs, CA
Mr. Wilfiam Becker Mr. Dean Watson
(818) 902-5586 (818) 597-5413
Douglas Aircratt Company - LonQ Beach, CA
Mr. Thpmas McClelland Mr. Larry Szatkowski
(310) 497-5686 (310) 497-5676
Hughes Aircraft Company - los Angeles. CA
Mr. M,aarten Oversier (Radar)
(310)"606-2304 .
Mr. Bryan Wesley (EDSG)
(310) 601-1326
Mr. Roy Anderson (EDD)
(310) 517-5015
;
United States Government - Tooele Army Depot
Mr. Ben Veri
(801) 833-2327
STHEMEN" 01= QUAUFICAilONS AND EXPG~IENCE PAGE 7
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RONALD J. STAUBER
LAW OFFICES
1 8~0 CENTURY PARK EAST. 8TH flOOR TELECOPIER (310) 556-3687
LOS ANGElES. CALIFORNIA 90067 TELEPHONE (310) 556-0080
-
OUR FILE NUMBER
September 1, 1994
Mr. Jorge N. Holland
PACIFIC DISPOSAL, INC.
199 1/2 Mace Street
Chula Vista, California 91911
Re: Exempt Facilitv Bonds
Dear Mr. Holland:
You have requested certain information concerning the proposed
financing of a transfer station to be located within the city of
Chula Vista, County of San Diego and State of California. In
particular, aithough preliminary in nature, we have discussed the
possibility of having the financing accomplished through a
private activity bond that constitutes an exempt facility bond -
a tax-exempt qualified bond in accordance with the provisions of
the Internal Revenue Code. In summary, the issuer will be a non-
profit corporation (the "corporation") organized and existing
under the laws of the State of California. It will obtain an
identification number, will file an information return annually
with the Internal Revenue Service Center, and will sell and issue
its bonds pursuant to an underwriting. It is our understanding
that the City of Chula vista is a political subdivision of the
State of California located in the County of San Diego, Cali-
fornia, and files no tax returns.
In summary, the corporation will acquire, either by purchase or
lease, certain real property in the City of Chula vista and will
construct on that property a transfer station. The facility will
be operated by Pacific Disposal Management Co. ( "Management"), a
wholly owned subsidiary of Pacific Disposal, Inc., as lessee
under a lease from the corporation.
To finance the construction of the transfer station, the Corpo-
ration will issue its bonds pursuant to an indenture to be pur-
chased by the underwriters. When all of the bonds have been paid
and redeemed, title to the transfer station will vest absolutely
,in the City of Chula vista.
-," :::;0. - :3 J
Mr. Jorge N. Holland
September 1, 1994
Page Two
The Articles of Incorporation will provide that the specific and
primary purposes for which a corporation is formed is to acquire
the property and to construct the transfer station and in con-
junction therewith, to operate and maintain the transfer station
and make it available to the general public, and to conduct its
business and affairs so as to vest in the City of Chula vista
full legal title to the real property and the transfer station.
All powers to the Corporation will be exclusively within the
appropriate sections of the Internal Revenue Code and the Corpo-
ration will not contemplate pecuniary gain ~r profit to its
members and will be organized solely for non-profit purposes.
Upon payment of all indebtedness incurred by the corporation in
the acquisition of the real property and the construction of the
transfer station, the Corporation shall, without further action
by its members or Board of Directors, transfer, convey and set
over to the City of Chula vista its entire right, title and
interest in the transfer station pursuant to the appropriate real
estate instruments which will be developed as part of the
financing package.
In connection with the bonds, the bonds will be secured by the
indenture mortgage and deed of trust, the principal amount of the
bonds will not be in excess of the amount required to build the
transfer station, except for bonds which may be issued pursuant
to permissible supplemental indentures. To secure payment of the
bonds, the corporation will grant a lien on its real and personal
property, including the lease described below, and the revenues
therefrom.
The bonds, upon sale, will be authenticated and delivered to a
bond trustee only upon compliance with certain closing conditions
and the Corporation shall deposit with the Trustee all the net
proceeds from the sale of the initial series of bonds (including
accrued interest), and the Trustee out of the such proceeds shall
deposit to the credit of certain funds, the required construction
proceeds.
Pursuant to the terms of the lease mentioned above, Management
will lease the transfer station from the corporation and Manage-
ment will have sole and exclusive possession of the transfer
station and shall pay basic and additional rent. The basic rent
is designed to meet the debt service requirements of the bonds.
.Such payments of basic rent shall be in monthly installments and
shall be payable to the bond trustee. Management will also agree
to pay additional rent for the following items: (i) taxes and
assessments, (ii) administrative cost of the Corporation, (iii)
,- - 5C1-3~
Mr. Jorge N. Holland
September 1, 1994
Page Three
cost incurred by the Corporation in fulfilling its covenants
under the indenture; and (iv) certain funds advanced to meet
obligations of Management. Management has the right to prepay
. any basic rent and basic rent shall be abated when the amount on
hand is sufficient to redeem all of the bonds outstanding.
Management, as a wholly owned subsidiary of Pacific Disposal,
Inc., in order to enhance the marketability of the bonds and
thereby secure a more favorable interest cost and the ultimate
transfer of the transfer station to the City of Chula Vista, will
guarantee the payment of principal and interest on the bonds
pursuant to a separate written guarantee.
As part of the transaction, various counsel will be retained,
including bond counsel who will furnish the City of Chula vista
with an opinion as to the liability of the City with respect to
the bonds and the transfer station. In summary, said opinion
will address the validity of the bonds and will also indicate
that the bonds do not constitute an obligation, general or
special, of the city of Chula vista or the County of San Diego
and that no holders of the bonds can compel the exercise of any
taxing powers of the city or County, or application of any funds,
whether general or special of the City or County, to pay princi-
pal or interest on the bonds. Further, the Corporation and
Management will covenant and agree to hold the City and County
harmless from any and all liabilities which might arise with
respect to the transfer station, to procure and maintain insur-
ance against liability, including the City of Chula vista as an
insured party. Further, the opinion will indicate that title to
the transfer station will, upon full payment and retirement of
all bonds, vest in the City of Chula vista and the City of Chula
vista will be given the option, which it may exercise but need
not exercise, to purchase the transfer station from the Corpora-
tion in the event of a default by the corporation.
Pursuant to your instructions, we are presently discussing the
project with various investment bankers and special tax and bond
counsel.
Vi.
. STAU
-~. ,Sa - 3d-
COUNCIL AGENDA STATEMENT
Item
Meeting Date 9/
ITEM TITLE: Public Hearing a) PCM-92-17; Consideration of revised
Design Manual - City initiated
b) PCA-95-01; Consideration of amendments
to Section 19.14.582 of the Municipal Code
to allow administrative review of a broader
, range of projects subject to design review -
. 1 rf City initiated
~fY Ii. Resolution /7/," ') Repealing the existing Design Manual and
yJ ap~ving the revised Design Manual for the City of Chula Vista
. ~~
, ~f)h~ Ordimmce ';'4>f?;I Amending Section 19.14.582 o~uollií~Ot'
. þ:.~\~G ~ Vista Municipal Code to allow for Zoning Admini$~ ~ gn review
. ~~ ~~ of additional categories of projects O~\). ßt..N
øy ~.
SUBMITTED BY: Director of Planning <~ .'
REVIEWED BY: City Manager -..f¡~.' ~ (4/Sths Vote: Yes_No.JO
In October 1992, the City Council approved the Permit Streamlining Workplan and
Implementation Schedule which, among other measures, called for (1) revising the City Design
Manual to include more concise and objective design guidelines with additional illustrations,
and (2) providing for administrative (staff) approval of a broader range of projects subject to
design review. These two streamlining proposals are the subject of this public hearing.
The Environmental Review Coordinator has determined that the revised Design Manual is
exempt from environmental review as a regulatory measure designed to enhance the quality
of the environment (Class 8 exemption under CEQA), and that the Code amendment, as a
procedural amendment, is not subject to CEQA.
RECOMMENDATION: That Council adopt the resolution and ordinance approving the
revised Design Manual and amending the Code to allow Zoning Administrator approval of
additional categories of design review projects.
BOARDS/COMMISSIONS RECOMMENDATION: On May 2, 1994, following six
working sessions, the Desilm Manual Advisorv Committee voted 7-0 to approve and issue the
revised Design Manual and proposed design review process streamlining amendment.
The Design Manual and process streamlining amendment have also been reviewed and
unanimously recommended for approval by the Desilm Review Committee (by a vote of 5-0
on June 27, 1994), the Economic DeveloDment Commission (by a vote of 5-0 on July 6, 1994),
and the Plannine Commission (by a vote of 6-0 on July 27, 1994).
~
, ~()
Page 2, Item
Meeting Date 9/6/94
DISCUSSION:
Attached are copies of the present Design Manual and the revised Draft, the text of a Code
amendment which would allow a broader range of projects to be considered by staff rather than
the Design Review Committee, and a revised design review Procedural Guide and Application.
These are the result of design review streamlining proposals originally developed by the
Economic Development Commission and later adopted by the City Council.
The Design Manual Advisory Committee was appointed by Council to work with staff in
developing the revised Manual. The Committee consisted of representatives from the Design
Review Committee, Economic Development Commission, Planning Commission, American
Institute of Architects, American Society of Landscape Architects, Chamber of Commerce, and
three at-large members with recent experience with the design review process. The members'
names are listed on the Acknowledgements page of the Manual.
The Design Manual helps implement the Community and Urban Design component of the Land
Use Element of the Chula Vista General Plan. This component establishes an overall urban
design structure for the planning area which provides an urban design context from which to
view individual projects.
As you will notice, the draft Design Manual is much more detailed than the existing document.
One of the primary criticisms of design review has been that the existing guidelines are too
general, do not give project proponents adequate direction, and are subject to wide
interpretation. Although design review is inherently a subjective process, the revised guidelines
will provide clear direction on design issues and possible solutions.
In addition to revamping the Design Manual, the Council has also directed that the design
review process be streamlined in several different ways. Some of these have already been
accomplished, such as simplifying and accelerating the sign permit approval process, and
accelerating the appeal process for sign and design review.
One of the important streamlining measures called for by Council is to allow for administrative
approval of a broader range of projects which are subject to design review. Administrative or
staff design review is generally preferable from an applicant's point of view because (1) the
fee is less, (2) it takes 3-4 weeks as opposed to 6-8 weeks, and (3) it is less formal and more
predictable.
Presently, staff has the authority to act in the place of the Design Review Committee for signs,
residential additions of two (2) units or less, and commercial and industrial additions which
constitute less than a 25% increase in floor area. The proposal is to double these limits -- to
residential projects of four (4) units or less, and commercial and industrial (or institutional)
additions up to 50% of existing floor area. Also, another category would be added to include
commercial, industrial and institutional buildings up to ~Q,()QQ_sq.. ft. provided they are located
in planned community areas with their own specific design' guidelines and private review
process. It was the finding of staff and the Advisory Committee that this category of projects
...JP ~ -.
6-2-
Page 3, Item ~fJ
Meeting Date 9/6/94
is already subject to significant design controls, and that administrative review is adequate to
address any City concerns.
In conjunction with these additional categories of projects which could avail themselves of staff
design review, we are also proposing to process such projects so that a "decision point" is
reached early in the process. In this way, if it becomes apparent that the applicant and staff
cannot reach agreement, the project can be referred on to the Design Review Committee with
little if any loss in time over what would have been required for a project originally scheduled
for the Committee, i.e., 6-8 weeks total.
One of the primary concerns regarding the design review process is that it comes at a time in
the evolution of a project when time is definitely money, and many applicants simply cannot
afford the extra time it takes to appeal their projects on to the next level of decision making.
The change in procedures noted directly above, as well as the accelerated appeals processes
already in place, should go far in addressing this problem.
Also attached is a copy of the revised Design Review Procedural Guide and Application. This
document responds to the additional permit streamlining measure which calls for a "user guide"
which clearly explains design review procedures, and which encourages pre-application
conferences to discuss issues and processing requirements.
We are not asking for a Council vote on the Procedural Guide, but would appreciate Council
review of its contents for 'clarity and usability. All of the advisory bodies have reviewed and
endorsed the Guide; the only comment coming from the EDC, which suggested that the
Development Permit Processing Agreement (Appendix C) be reproduced in standard size type.
FISCAL IMPACT: None.
Attachments
l. Planning Commission Resolution PCM-92-17/PCA-95-01
2. Planning Commission Minutes
3. Design Review Committee Minutes
4. Economic Development Commission Minutes
5. Current Design Manual
6. Revised Design Manual
7. Design Review Procedural Guide and Application
m:\home\planning\2084.94
~
eø'-3
ATTACHMENT 1
RESOLUTION NO. PCM-92-17/PCA-95-01
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION RECOMMENDING TO THE
CITY COUNCn.. THE REPEAL OF THE EXISTING DESIGN
MANUAL, THE APPROVAL OF THE REVISED DESIGN
MANUAL, AND AN AMENDMENT TO SECTION 19.14.582
OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW
ADMINISTRATIVE REVIEW OF A BROADER RANGE OF
PROJECTS SUBJECT TO DESIGN REVIEW
WHEREAS, in October 1992, the City Council approved the Permit Streamlining
Workplan and Implementation Schedule; and
WHEREAS, among other measures, said Workplan called for (1) revising the City
Design Manual to include more concise and objective design guidelines with additional
illustrations, and (2) allowing for administrative review of a broader range of projects subject
to design review; and
WHEREAS, on May 2, 1994, following six working sessions, the Design Manual
Advisory Committee appointed by the City Council voted 7-0 to approve and issue the revised
Design Manual and proposed design review process streamlining amendment for consideration
and recommendation by the Design Review Committee, Economic Development Commission
and Planning Commission, and fmal adoption by the City Council; and
WHEREAS, at a special meeting of the Advisory Committee held on June 20, 1994, the
Committee voted 6-0 to incorporate several additional revisions into the Manual; and
WHEREAS, the revised Design Manual and process streamlining amendment have also
been reviewed and unanimously recommended for approval by the Design Review Committee
(by a vote of 5-0 on June 27, 1994) and by the Economic Development Commission (by a vote
of 9-0 on July 6, 1994); and
WHEREAS, the Environmental Review Coordinator has determined that the revised
Design Manual is exempt from environmental review as a regulatory measure designed to
enhance the quality of the environmental (Class 8 exemption under CEQA), and that the code
amendment, as a procedural amendment, is not subject to CEQA under its General Rule; and
WHEREAS, the Planning Director set the time and place for a hearing on said proposed
amendment and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the city at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely July 27,
1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
....u - ¥
~-<-{
Page 2
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION,
based on the facts presented at the hearing, recommends that the City Council approve the
attached draft resolution and ordinance repealing the existing Design Manual, approving the
revised Design Manual, and amending Section 19.15.582 of the Municipal Code based on the
fmdings contained therein.
BE IT FURTHER RESOLVED that a copy of this resolution be tranSmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CAliFORNIA, this 27th day of July 1994 by the following vote, to-wit:
AYES: Commissioners Fuller, Moot, Ray, Salas, Tarantino and Tuchscher
NOES: None
ABSENT: Commissioner Martin (with notification)
.ÃY ~
William C. Tuchscher II, Chainnan
Lfl 12'
Nan~Pley, sQ
[M: \home\pJannin¡\2063. 94]
~
lc-S
ATTACHMENT 2
UNOtrF;CBA~ t~~~ü~~~U[
PC Minutes -5- July 27, 1994
EXCERPT FROM PLANNING COMMISSION M NUTES OF 7/27/94
ITEM 4: PUBUC HEARING: (a) PCM-92-17; CONSIDERATION OF REVISED
DESIGN MANUAL - City Initiated
(b) PCA-95-01; CONSIDERATION OF
AMENDMENTS TO SECTION 19.14.582 OF
THE MUNICIPAL CODE TO ALLOW
ADMINISTRA rIVE REVIEW OF A BROADER
RANGE OF PROJECTS SUBJECT TO DESIGN
REVIEW - City Initiated
Principal Planner Griffm gave the staff report, noting that the revised Design Manual and
amendments to the Code were being proposed in order to assist in streamlining project review.
He noted that both the Manual and the Code amendments had been \lnanimously endorsed by
the Design Manual Advisory Committee, the Design Review Committee, and the Economic
Development Commission. Staff recommended that the Planning Commission also endorse the
two streamlining proposals.
Commissioner Tuchscher asked what other groups and commissions had reviewed the changes
and what had the result been in both input and approval/disapproval of the documents.
Mr. Griffm replied that the Design Manual Advisory Committee had been specifically formed
to develop the new manual. That Committee had representatives from the Planning
Commission, Economic Development Commission, Design Review Committee, American
Institute of Architects, the American Society of Landscape Architects, and three at-large
members who had experience in processing projects through the City. There were a total of
seven working sessions, and there were many changes made to the staff draft. The proposals
then went to the Design Review Committee who had very little comment and voted unanimously
for approval; then to the Economic Development Commission who also voted unanimously to
recommend approval. There were some comments from the EDC regarding some technical
aspects of the documents and an encouragement that, although there was a feeling the manual
and amendments would go a long way in streamlining. the process and there was adequate
flexibility contained there, that staff had to keep in their own minds that in implementing the
manual that they remain flexible. '.
Commissioner Moot asked if corporate signage had been revisited in the process. Commissioner
Tarantino stated he had requested that of the subcommittee, but the restrictive policy in terms
of signage remained the same.
Commissioner Ray asked what would take precedence--the sign ordinance or the Design Review
Manual. Assistant City Attorney Rudolf answered that the ordinance would take precedence
lP-I;-- -
~-(ø
PC Minutes -6- July 27, 1994
over the manual. The manual was only being adopted by resolution, so it did not rise to the
level of an ordinance, which was the law.
Mr. Griffm stated there was guidance in the manual on using building striping and graphics in
a way which would suggest a sign and which directed people away from that. The language
remained the same in the Code.
Commissioner Moot stated he did not want to see Chula Vista being passed over when some of
the national corporations chose. to do business in the area and would not come to Chula Vista
because of the sign ordinance--not being able to update their buildings or incorporate their signs
into the national advertising image.
Mr. Griffm replied that staff tried to direct corporate image architecture away from some of the
more garish themes which may be used on a national basis, but tried to retain some of their
color and logo identification so it clearly remained identifiable as associated with that particular
corporation. Over the last several years, most of the corporations were used to adapting more
to local requirements regarding design, and they have a variety of designs which they could
work with. Staff tried to fit it in within the context of the City regulations.
Commissioner Tuchscher suggested that the Planning Commission and staff take an affmnative
action and revisit the issue of signage in a workshop session, and perhaps make some
recommendation to Council; and that at the workshop, some type of action be taken.
Commissioner Moot concurred.
This being the time and the place as advertised, the public hearing was opened. No one wishing
to speak, the public hearing was closed.
Commissioner Tarantino commended Principal Planner Griffm and Assistant Planner Wolfe for
their diligence and patience in completing a difficult task with a diverse group.
MSUC (Fuller /Moot) 6-0 (COJnmi~ioner Martin excused) to approve resolution
PCM-92-17/PCA-9S-01 recommending that the City Counell approve the revised Design
Manual and process strejlmlining Code amendment in accordance with the draft City
Council resolution and ordinance and the fmdings contained therein.
~
<ø.:J
. ¡ ATTACHMENT 3
.
DESIGN REVIEW COMMI1:IE.E -3- JUNE 27.1994
2. PCM-92-17 ~i~n Manual. Procedures Manual.
and Process Streamlinine Amendment
Staff Presentation
Steve Griffin advised that this project was before the committee as a part of the required
approval process. He noted that Design Review Committee member Rodriguez, as well
as recent chair Gilman, had both served as members of the advisory committee which
bad reviewed the design manual in detail over the past six months. Mr. Griffin stated
that the committee was being asked for a recommendation on the proposed process
streamlining amendment to the zoning code and the design review procedures manual as
well as the design manual. .
Mr. Craig Fukuyama of McMillin added that he was comfortable with the revisions.that
had been proposed to the draft manual. Member Rodriguez added that it was his sense
that the other developers were now comfortable with the document as well.
Mr. Griffin stated that it had been suggested that the question had been raised as to
whether previously approved projects would comply with the guidelines of the new
design manual. Staff had tested a number of them and found that each did in fact comply
Members briefly discussed required yard areas and landscaping. Member Duncanson
asked for some background on the sideyard setback guidelines; Mr. Griffin pointed out
that setbacks of 7' and 3' provide a more usable sideyard than two S' setbacks. He
added that a zero lot line condition would create even more of a usable sideyard.
Members agreed that they were comfortable with each of the documents under
consideration.
MSUC (Spethman/Rodriguez) (5-0) to approve PCM-92-17 as presented.
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ATTACHMENT 4
UNOFFICIAL
MINUTES
ECONOMIC DEVELOPMENT COMMISSION
CITY OF CHULA VISTA, CALIFORNIA
Wednesday, July 6, 1994 Conference Rooms 2&3
12:00 Noon Public Services Building
2b. Design Review
Steve Griffin, Principal Planner reported that Council had directed staff to start on a program to
update the design manual and the process of streamlining, that is, to amend the code to allow a
greater number of projects to be considered by staff as opposed to always using the Design
Review Committee. This would be a shorter, less expensive process. He was asking for
endorsement of the Design Review Manual from the EDC.
Mr. Read commended the Committee on the manual. His only concern was to ensure staffs
increased flexibility. He noted they have spent many years trying to maintain a "user friendly"
atmosphere, and with the added flexibility there also has to come a good attitude from staff. He
cautioned that staff should try to get projects through the way the applicant wants it; not the
way staff would like it. He noted efforts on the manual were positive for the City.
Mr. Read also noted he was involved in two projects in the City now involving signs. He has
been watching this carefully and noted that the applicant is starting to experience time delays.
We are not much farther along than we were five years ago.
Ms. Davis commented that she has had positive feedback that the system has changed and that
staff is trying to make efforts to reach out and help the businesses coming to the City. She
feels that staff has made great effort and strides in that area.
Mr. Peter commented that overall, what staff has done is excellent. The Design Review
Procedure Guideline and Application document reads well and is well laid out. He noted that
some attachments are too small and suggested they be re-typed in a larger font.
Mr. Sellgren commented that staff did a professional job in working with the Task Force all
along.
Chair Tuchscher noted the significance of updating the manual. It has not been updated for 15
years and this will be helpful to all applicants. This is a major step in streamlining the
processing. His only comment was that he saw no special considerations for projects of
unusually large scope in the commercial areas, i.e., Rohr Industries or similar facilities. He
asked if there was a way to put in language that brings common sense to special considerations
for projects of unusually large magnitude.
Chair Tuchscher stated that he'd like to see added somewhere in the manual language which
would recognize that special consideration would be given to large scale projects of a certain
magnitude and scope because the design elements going into a building like Rohr for example,
are totally unique. He felt that rather than running on the assumption that a large project will
get special consideration for design issues, it should be stated somewhere.
Mr. Sellgren added that larger scale projects would naturally receive greater scrutiny and
flexibility but agreed it is always better to have this in writing.
Ms. Davis pointed out there is general language related to flexibility in the introduction to the
manual.
Mr. Griffin directed the Commission's attention to language in the commercial and industrial
sections but stated that if it was the Commissions desire, staff would be happy to draft some
additional language to be included in the commercial section.
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Member Read noted the language in the commercial section regarding flexible solution and
it was generally agreed that the existing language appeared adequate.
Chair Tuchscher stated that the EDC should take a lot of pride in bringing this manual to fruition
and hoped it would not get lost in procedural and administrative work. Everyone who was
involved in the project should be commended, specifically Mr. Sellgren and Ms. Davis for taking
such an active role. He requested that Ms. Gulbransen note in her press release the EDC's
involvement in this project, He thanked Mr. Griffin for his time.
MSC (DavislPeter) to accept the Design Manual, Draft Procedures Manual and Process
Streamlining proposals and recommend approval to Council (5-O-t; Patrick, Lebron absent; 2
vacancies).
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~COIVD
Fr~¡(¡D
~I\IG
ORDINANCE NO. 2603 ¡(¡IVD
¡(¡DO
'PI'/¡
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING DIY
SECTION 19.14.582 OF THE CHULA VISTA MUNICIPAL CODE
TO ALLOW FOR ZONING ADMINISTRATOR DESIGN REVIEW OF
ADDITIONAL CATEGORIES OF PROJECTS
WHEREAS, in October 1992, the City Council approved the Permit Streamlining
Workplan and Implementation Schedule; and,
WHEREAS, among other measures, said workplan called for allowing administrative
review of a broader range of projects subject to design review; and,
WHEREAS, on May 2, 1994, the Design Manual Advisory Committee voted 7-0 to
recommend approval of the proposed amendment; and,
WHEREAS, the proposed amendment has also been recommended for approval by the
Design Review Committee (by a vote of 5-0 on June 27, 1994), the Economic Development
Commission (by a vote of 9-0 on July 6, 1994), and by the Planning Commission in
accordance with Resolution PCM-92-17 /PCA-95-01 (by a vote of 6-0 on July 27,1994); and,
WHEREAS, the Environmental Review Coordinator has determined that the proposed
code amendment is a procedural measure, not subject to CEOA under its General Rule; and,
WHEREAS, the City Clerk set the time and place for a hearing on said revised Design
Manual, and notice of said hearing together with its purpose was given by its publication in
a newspaper of general circulation in the City at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 4:00
p.m., September 6, 1994, in the Council Chambers, 276 Fourth Avenue, before the City
Council and said hearing was thereafter closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find,
determine and ordain as follows:
SECTION I: That the public necessity, convenience, general welfare, and good zoning
practice justifies the amendment and that the amendment is consistent with the City of Chula
vista General Plan.
SECTION II: That Section 19.14.582 of the Chula Vista Municipal Code is hereby
amended to read:
19.14.582 Design review committee-Duties and responsibilities.
A. The design review committee shall review plans for the establishment, location,
expansion or alteration of uses or structures in all R-3 zones, all commercial and
industrial zones, and development and redevelopment within redevelopment project
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area boundaries and shall approve, conditionally approve or deny such plans, except
when projects are within the boundaries of a redevelopment project, in which case the
committee shall recommend approval, conditional approval or denial to the
redevelopment agency of the city. The committee shall render decisions on minor
proposals as defined in Agency Resolution No. 71.
B. The design review committee shall also review plans for the establishment, location,
expansion or alteration of multiple family dwelling uses, major use permits,
commercial, or industrial projects or structures located within the 1985 Montgomery
annexation area, and governed by Chapter 19.70 of this ordinance.
C. The design review committee shall review all appeals filed to contest sign design
rulings of the zoning administrator.
D. The design review committee shall base its findings and action upon the provisions of
the effected design manuals of the city.
E. The design review committee shall prepare and adopt operational procedures, bylaws
and business forms.
F. The design review committee shall submit annual reports on its operations to the city
planning commission and redevelopment agency.
G. The fee for a hearing before the design review committee is the Required Fee(s).
H. The zoning administrator has the discretion, with the concurrence of the applicant, to
act in the place of the design review committee in the case of minor projects, including
signs, commercial, industrial, or institutional additions which constitute less than a 50
percent increase in floor area or 20.000 SQ. ft.. whichever is less, and residential
projects of four units or less. The zoning administrator may also act in the place of the
design review committee in the case of new commercial, industrial or institutional
projects with a total floor area of twenty thousand square feet or less when such
projects are located within a planned community area with its own design guidelines
and design review process. A decision of the zoning administrator may be appealed
to the design review committee in the same manner as set forth in Section 19.14.583.
The fee for zoning administrator design review shall be the Required Fee(s).
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Presented by
,~
IBruce M. BoogBB'
Robert Leiter
Director of Planning City Attorney
10- I~
COUNCIL AGENDA STATEMENT
Item 2
Meeting Date 9/13/94
ITEM TITLE: Ordinance 2597 Amending Sections 14.04.010, 14.06.010, 14.08.030,
14.08.090, 14.08.140, 14.08.170, 14.10.010, and 14.14.010 of the Chula
Vista Municipal Code, Repealing Section 14.06.030 of the Chula Vista
Municipal Code, Repealing Chapter 14.18 of the Chula Vista Municipal
Code and Adding Chapter 14.20 "Storm Water Management and
Discharge Control" to the Chula Vista Municipal Code, all relating to
regulation of pollutants in storm water discharges and to wasting water
SUBMITTED BY: City Attomey~ ~
Director of Pu lic Works
REVIEWED BY: City Manager{P~ iL (4/5ths Vote: Yes _NoX)
Council Referral No. 2342
Council approved this Ordinance and placed it on its first reading on July 19, 1994. At its
scheduled second reading on July 26, 1994, the Chula Vista Chamber of Commerce expressed
a concern with its impact on the business community. The item was pulled from the agenda
pending staff s meeting with the Chamber and addressing those concerns.
An initial meeting with the Chamber's Executive Director took place on July 27 and a
presentation to all interested members was scheduled for August 22, 1994.
That presentation was accomplished and the Chamber's questions were addressed based on
further information being provided about the program.
RECOMMENDATION:
It is recommended that Ordinance 2597 be placed on its second reading and adopted.
RLDIKY -181
[F:\SHARED\A TIORNEY\SWMORD.l13]
7-1
ORDINANCE NO. .2 5'9 '}
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS ~
14.04.010, 14.06.010, 14.08.030, 14.08.090, 14.08.140, 14.08.170, 14.10.010, R'\O
AND 14.14.010 OF THE CHULA VISTA MUNICIPAL CODE, REPEALING r¡;fJ"
SECTION 14.06.030 OF THE CHULA VISTA MUNICIPAL CODE, REPEALING~Q
CHAPTER 14.18 OF THE CHULA VISTA MUNICIPAL CODE, AND ~
CHAPTER 14.20 TO THE CHULA VISTA MUNICIPAL CODE REG G
STORM WATER MANAGEMENT AND DISCHARGE CONTROL~Q ~
~~CP
WHEREAS, the 1987 amendments to the Federal Water Pollution Control Act (Clean
Water Act, 33 USCA Section 1251 et seq.) as implemented by the United States Environmental
Protection Agency regulations adopted November 16, 1990, make necessary the adoption of
plans and programs for storm water management; and,
WHEREAS, Section 402 (P) of the Clean Water Act, as amended by the Water Quality
Act of 1987, requires that all large-sized (population 250,000 and greater) and medium-sized
(population of 100,000 to 249,999) incorporated municipalities must:
(a) effectively prohibit non-storm water discharges into the storm water conveyance
system; and,
(b) establish controls to reduce the discharge of pollutants from storm water
conveyance systems to waters of the United States to the maximum extent
practicable; and,
WHEREAS, the State of California Porter-Cologne Water Quality Control Act, as
amended by the State Legislature in 1988, requires that there be a statewide program for control
of the quality of the waters of the State and, further, requires that activities and factors which
may affect the quality of the waters of the State be regulated in order to attain the highest
reasonable water quality standard; and,
WHEREAS, the United States Environmental Protection Agency regulations require
permits for discharges from municipal storm water conveyance systems on a system-wide or
jurisdiction-wide basis; and,
WHEREAS, the California State Water Resources Control Board and the Regional Water
Quality Control Board, San Diego Region, have determined that, in order to protect the waters
of the United States, all jurisdictions within San Diego County, regardless of population, are
tributary to a regional storm water conveyance system that serves an urbanized population
greater than 250,000 and, therefore, must comply with the federal regulations for large-sized
municipalities; and,
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WHEREAS, the City of Chula Vista seeks to comply with all provisions of state and
federal law; and,
WHEREAS, on July 16, 1990 the California Regional Water Quality Control Board, San
Diego Region issued Order Number 90-42 (NPDES Permit No. CA 0108758) regulating storm
water discharges by the City of Chula Vista and nineteen other municipal co-permittees; and,
WHEREAS, in order to implement the federal regulatory requirements and Regional
Water Quality Control Board, San Diego Region, Order Number 90-42 described above, the
City of Chula Vista has entered into an Implementation Agreement dated February 19, 1991;
and,
WHEREAS, the implementation of pollutant control measures and storm water
monitoring described in Order Number 90-42 in furtherance of these purposes is exempt from
the provisions of the California Environmental Quality Act (CEQA); Chapter 3 (commencing
with Section 21100) of Division 13 of the Public Resources Code as provided in Categorical
Exemption Classes 1, 4, 5, 6, 7, 8, 9, and/or 21 of the CEQA Guidelines (Title 14, California
Code of Regulations Sections 15301-15329); and,
WHEREAS, the City of Chula Vista has conducted a duly noticed public hearing on July
19, 1994 and has provided all interested parties an opportunity to be heard on these issues; and,
WHEREAS, in order to comply with Federal and State law, it is necessary for the City
of Chula Vista to adopt a Storm Water and Discharge Control Ordinance to reduce the discharge
of pollutants to the storm water conveyance system to the maximum extent practicable for the
protection of water resources within the City of Chula Vista and the protection of health, safety
and general welfare of its citizens;
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION I. That Section 14.04.010 of the Chula Vista Municipal Code is amended to
read:
14.04.010 Purpose and intent of provisions - More stringent
regulations to control.
It is the purpose of the city council in establishing the regulations
codified in this di\'isieft~ to protect persons and property against water
damage and flood hazards by augmenting the regulations imposed by
Chapter 19.50 of this code, establishing flood plain zoning controls. It is
the intent of the council to afford greater leetlrityprotection for said
persons and property from damage resulting from the obstruction or
diversion of drainage~ and Wwatercourses. This title is also intended
to protect Persons and proj)erty from damaee resultine from-ef the
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construction of inadequate or improper facilities for e&ff)'iRg ~
conveyance of surface watersrY!lQÍÍ and Sstorm Wwaters to the city's
Receivin~ Waters whieh re:ndt iR perieès ef 8t6rffiS, œtisiRg aeessiye
mRaf! af water! thfet:lgh the vanaus åæiRage we:ys &ßå WlHefeeur3eS iR
the eity.
It is the further puqx>se of the city council in establishin~ the
re~ulations codified in this title to protect and promote the hea1th. safety.
and ~enera1 welfare of the citizens of the city by prohibitin~ and
preventin~ the dischar~e of Non-Storm Water to the Storm Water
Conveyance System and by red.Yd.n~ Po1]utants in Storm Water dischar~es
to the Maximum Extent Practicable in order to achieve applicable water
Quality oQjectives for surface waters in San Die~o County. It is the intent
of the council to protect and enhance the water Q)lality of our
Watercourses. water bodies. and Wetlands in a manner pursuant to and
consistent with state and federal law.
In case of conflict between the regulations imposed by this åtvisieft~
and any other provision of law or of this code, the more stringent
regulation shall apply.
SECTION II. That Section 14.06.010 of the Chula Vista Municipal Code is amended to
read:
14.06.010 Dermitions generally.
Whenever the following words are used in this èivisieft~ they
shall have the meaning ascribed to them in this chapter or Chaj)ter 14.20.
SECTION III. That Section 14.06.030 of the Chula Vista Municipal Code is repealed.
SECTION IV. That Section 14.08.030 of the Chula Vista Municipal Code is amended to
read:
14.08.030 Issuance conditions - Liability.
Watercourse Permits required by this èi\'isieft~ shall be issued
by the l2director, subject to such conditions as may be imposed pursuant
to this di'ii3i8ft~ or as may be required by law. Neither the issuance of
a permit, nor compliance with the conditions thereof or with the
provisions of this åivisi8ft~, shall relieve any person from any
responsibility otherwise imposed by law for damage to persons or
property, nor impose any liability on the city, its officers or employees for
damage to fl'ersons or property.
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14.08.090 Requirements for other permits preserved.
A permit issued pursuant to this di'.isisft~ does not relieve the
permittee of the responsibility for securing the required permits for work
to be done which is regulated by any other provision of this code, and city
ordinance or state law.
SECTION VI. That Section 14.08.140 of the Chula Vista Municipal Code is amended to
read:
14.08.140 Non-transferability.
A permit issued pursuant to this dŸlisieft~ is not transferable
from fperson to fperson or from property to property, for any reason or
in any manner whatsoever.
SECTION VII. That Section 14.08.170 of the Chula Vista Municipal Code is amended to
read:
14.08.170 Bond or instrument of credit - Conditions required.
Every bond and instrument of credit shall include, and every cash
deposit shall be made on, the conditions that the permittee shall:
A. Comply with all applicable laws, ordinances and provisions of this
code;
B. Comply with all the terms and conditions of the permit, to the
satisfaction of the Dèirector; and
C. Complete all work contemplated under the permit within the time
limit therein specified, or if no time limit is therein specified, then
within the time limit specified in this d¡""isieft~.
SECTION VIII. That Section 14.10.010 of the Chula Vista Municipal Code is amended to
read:
14.10.010 Procedure for riling. .
Any fperson aggrieved by the refusal of the I!èirector to grant a
Watercourse })permit pursuant to this divi3isftChapter 14.08 or by the
imposition of a condition on such permit may appeal to the city council.
The appeal shall be flied in duplicate, one copy with the I2ëirector and
one copy with the city clerk. The city clerk shall then set the appeal for
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The appeal shall be filed in duplicate, one copy with the I2èirector and
one copy with the city clerk. The city clerk shall then set the appeal for
public hearing in the manner provided in this code relating to appeals on
zoning matters as contained in Title 19 of this code.
SECTION IX. That Section 14.14.010 of the Chula Vista Municipal Code is amended to
read:
14.14.010 Certain acts deemed nuisances.
A violation of any provision of Section 14.08.010 or the failure of
the owner of property over which there exists a netuæl èf&iftage
oourseWatercourse to keep and maintain the portion of said df&iftage
eÐurseWatercourse located on his property free of obstructions to the free
flow of drainage water is hereby declared to constitute and be a public
nuisance; provided however, that existing drainage facilities constructed
prior to February 17, 1967, which have not decreased the capacity of the
natural draiftage ekaftftel ar Wwatercourse shall not be construed as a
nuisance for purposes of this divisiafttitle.
SECTION X. That Chapter 14.18 of the Chula Vista Municipal Code is repealed.
SECTION XI. That Chapter 14.20, entitled "Storm Water Management and Discharge
Control", is hereby added to Title 14 of the Chula Vista Municipal Code
to read as follows:
CHAPTER 14.20
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
14.20.010 Purpose and Intent.
The purpose of this Chapter is to promote the health, safety, and general welfare of the
citizens of the City of Chula Vista by:
A. Prohibiting Non-Storm Water discharges to the Storm Water Conveyance System.
B. Preventing discharges to the Storm Water Conveyance System from spills, dumping or
disposal of materials other than Storm Water.
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The intent of this ordinance is to protect and enhance the water quality of our
Watercourses, water bodies, and Wetlands in a manner pursuant to and consistent with the Clean
Water Act (33 USCA Section 1251 et seq.) and its implementing regulations, the Porter-
Cologne Water Quality Control Act (California Water Code 13020 et seq.) and its implementing
regulations, and the San Diego Regional Water Quality Control Board Order Number 90-42
(NPDES Permit Number CA 0108758) and any ~ubsequent amendments thereto.
14.20.020 Scope.
This Chapter shall be interpreted in accordance with the definitions set forth herein and
the provisions of this ordinance shall apply to the direct or indirect discharge of pollutants into
the City's Storm Water Conveyance System.
Further, this Chapter shall be interpreted in accordance with the requirements of the
federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable
implementing regulations, Order Number 90-42 and any amendment, revision, or reissuance
thereof, and the purposes and intent of this Chapter.
This Chapter, among other things, provides for the prohibition of Non-Storm Water
discharges to the Storm Water Conveyance System, the prohibition of Dlicit Connections to the
Storm Water Conveyance System, the requirement that all Persons reduce the volume and
character of Pollutants related to urban activity entering the Storm Water Conveyance System
to the Maximum Extent Practicable, and the establishment of enforcement mechanisms for
violation of this Chapter, including civil and criminal fines and penalties.
14.20.030 Defmitions.
When used in this Chapter, the following terms shall have the meanings ascribed to them
in this Section:
A. "Basin Plan" shall mean the "Comprehensive Water Quality Control Plan for the San
Diego Basin" adopted by the Regional Water Quality Control Board, San Diego Region
(July 1975) and approved by the State Water Resources Control Board, together with
subsequent amendments.
B. "Best Management Practices (BMPs)" shall mean schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce
to the Maximum Extent Practicable, the discharge of Pollutants directly or indirectly to
Waters of the United States. BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw materials storage.
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C. "Building Permit" shall mean a permit issued by the Director of Building and Housing
pursuant to Chapter 15.20.
D. "California Ocean Plan" shall mean the "California Ocean Plan: Water Quality Control
Plan for Ocean Waters of California" adopted by the State Water Resources Control
Board in September 1991, and any subsequent amendments.
E. "Clean Water Act" shall mean the Federal Water Pollution Control Act enacted by Public
Law 92-500, as amendeti by Public Laws 95-217,95-576,96-483, and 95-117 (33 USCA
Section 1251 et seq.), and any subsequent amendments.
F. "County Health Officer" shall mean the Health Officer of the County of San Diego
Department of Public Health or designee.
G. "Development" shall mean:
1. The placement or erection of any solid material or structure on land, in water, or
under water;
2. The discharge or disposal of any dredged material or of any gaseous, liquid,
solid, or thermal waste;
3. The grading, removing, dredging, mining, or extraction of any materials;
4. A change in the density m: intensity of the use of land, including, but not limited
to, a subdivision pursuant to the Subdivision Map Act (Government Code Section
66410, et seq.) and any other division of land, except where the division of land
is brought about in connection with the purchase of such land by a public agency
for public recreational use;
5. A change in the intensity of the use of water, or of access thereto;
6. The construction, reconstruction, demolition, or alteration of the size of any
structure, including any facility of any private, public, or municipal entity; and,
7. The removal or harvesting of major vegetation other than for agricultural
purposes.
As used in this definition, "structure" includes, but is not limited to, any building, road,
pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission
and distribution line. (Source: Government Code Section 65927)
H. "Employee Training Program" shall mean a documented Employee Training Program for
all Persons responsible for implementing a Storm Water Pollution Prevention Plan. The
Employee Training Program shall include, but is not limited to, the following topics:
1. Laws, regulations, and local ordinances associated with Storm Water pollution
prevention, and an overview of the potential impacts of polluted Storm Water on
the Receiving Waters of the San Diego region.
2. Proper handling of all materials and wastes to prevent spillage.
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3. Mitigation of spills including spill response, containment and cleanup procedures.
4. Visual monitoring of all effluent strearns to ensure that no Illegal Discharges enter
the Storm Water Conveyance System.
5. Discussion of the differences between the Storm Water Conveyance System and
the sanitary sewer system.
6. Identification of all on-site connections to the Storm Water Conveyance System.
7. Preventive maintenance and good housekeeping procedures.
8. Material management practices employed by the facility to reduce or eliminate
Pollutant contact with Storm Water discharge.
I. "Enforcement Agency" shall mean the City of Chula Vista or its authorized agents
charged with ensuring compliance with this Chapter.
J. "Enforcement Official" shall mean the Director of Public Works or his or her designee.
K. "Hazardous Materials" shall mean any substance or mixture of substances which is toxic,
corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through
decomposition, heat or other means, if such a substance or mixture of substances may
cause substantial injury, serious illness or harm to humans, domestic livestock, or
wildlife.
L. "nlicit Connection" shall mean any un-permitted or undocumented physical connection
to the Storm Water Conveyance System which has not been approved by the City of
Chula Vista, or which drains Illegal Discharges either directly or indirectly into the
Storm Water Conveyance System.
M. "Illegal Discharge" shall mean any non-permitted or non-exempt discharge to the Storm
Water Conveyance System that is not composed entirely of Storm Water, or is expressly
prohibìted by federal, state, or local regulations, laws, codes, or ordinances, or degrades
the quality of Receiving Waters in violation of Basin Plan or California Ocean Plan
standards.
N. "Land Development Permit" shall mean a permit issued by the Director of Public Works
pursuant to Chapter 15.04 of the Chula Vista Municipal Code.
O. "Maximum Extent Practicable" shall mean, with respect to Best Management Practices
(BMPs), an individual BMP or group of BMPs which address a Pollutant of concern,
which have a cost of implementation reasonably related to the pollution control benefits
achieved, and which are technologically feasible.
P. "National Pollution Discharge Elimination System (NPDES) Permit" shall mean a permit
issued by the Regional Water Quality Control Board or the State Water Resources
Control Board pursuant to Chapter 5.5, Division 7 of the California Water Code, to
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control discharges from point sources to Waters of the United States, including, but not
limited to:
1. California Regional Water Quality Control Board, San Diego Region, Order No.
90-42 (NPDES No. CA 0108758) NPDES Municipal Permit -- Waste Discharge
Requirements for Storm Water and Urban Runoff from the County of San Diego,
the Incorporated Cities of San Diego County, and the San Diego Unified Port
District;
2. NPDES General Permit for Storm Water Discharges Associated with Industrial
Activities;
3. NPDES General Permit for Storm Water Discharges Associated with Construction
Activity; and,
4. California Regional Water Quality Control Board, San Diego Region, General
De-Watering Permits (Order Numbers 91-10 and 90-31).
Q. "NPDES General Permit" shall mean a permit issued by the State Water Resources
Control Board, including, but not limited to:
1. NPDES General Permit for Storm Water Discharges Associated with Industrial
Activities; and,
2. NPDES General Permit for Storm Water Discharges Associated with Construction
Activity.
R. "Non-Storm Water" shall mean any water conveyed to the Storm Water Conveyance
System that is not entirely composed of Storm Water (also see definition of "Storm
Water").
S. "Order Number 90-42", dated July 16, 1990, shall mean San Diego Regional Water
Quality Control Board Order Number 90-42, which constitutes NPDES Permit Number
CA0108758, together with all amendments, and which is on file in the office of the City
Clerk as Document Number C090-287.
T. "Parking Lot" shall mean an open area, other than a street or other public way, used for
the parking of motorized vehicles, whether for a fee or free, to accommodate clients or
customers or to accommodate residents of multi-family dwellings (i.e., apartments,
condominiums, townhomes, mobile homes, dormitories, group quarters, etc.).
U. "Person" shall mean any individual, organization, business trust, company, partnership,
entity, firm, association, corporation, or public agency, including the State of California
and the United States of America.
V. "Pollutant" may include but is not limited to solid waste, sewage, garbage, medical
waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand,
sediment, industrial waste, and any organic or inorganic contaminant whose presence
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degrades the quality of the Receiving Waters in violation of Basin Plan or California
Ocean Plan standards. "Pollutant" includes, but is not limited to, fecal coliform, fecal
streptococcus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease,
petroleum hydrocarbons, total organic carbon (fOC), lead, copper, chromium, cadmium,
silver, nickel, zinc, cyanides, phenols, and biocides.
A .Pollutant" also includes any substance defined as a Pollutant under 40 CPR Section
122.2 and any contaminant which degrades the quality of the Receiving Waters in
violation of Basin Plan or California Ocean Plan standards by altering any of the
following parameters: pH, total suspended and settleable solids, biochemical oxygen
demand (BOD), chemical oxygen demand (COD), nutrients, and temperature.
W. .Premises" shall mean any building, lot, parcel, real estate, land, or portion of land
whether improved or unimproved.
X. "Receiving Waters" shall mean surface bodies of water, as described in Order Number
90-42, which serve as discharge points for the Storm Water Conveyance System,
including creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays, and the
Pacific Ocean.
Y. "Significant Quantities" shall mean the volume, concentrations, or mass of a Pollutant
in a discharge that can cause or threaten to cause pollution, contamination, or nuisance;
or adversely impact human health or the environment; or, cause or contribute to a
violation of any water quality standards applicable to the Receiving Water.
Z. "Storm Water" shall mean surface runoff and drainage associated with storm events and
snow melt prior to contact with urban areas, agricultural areas, and/or other areas in
which the natural environment has been significantly disturbed or altered, either directly
or indirectly, as a result of human activity (also see defmition for "Non-Storm Water").
For the purposes of this Chapter, Storm Water runoff and drainage ftom areas that are
in a natural state, have not been significantly disturbed or -altered, either directly or
indirectly, as a result of human activity, and the character and type of Pollutants naturally
appearing in the runoff have not been significantly altered, either directly or indirectly,
as a result of human activity, shall be considered "unpolluted" and shall satisfy the
definition of "Storm Water" in this Chapter.
AA. .Storm Water Conveyance System" includes, but is not limited to, those municipal
facilities within the City of Chula Vista by which Storm Water may be conveyed to
Waters of the United States, including any roads with drainage systems, municipal
streets, catch basins, and Watercourses.
BB. "Storm Water Pollution Prevention Plan" shall mean a document which describes the on-
site program activities to utilize Best Management Practices by the owner or operator of
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a business to eliminate or reduce Pollutant discharges to the Storm Water Conveyance
System to the Maximum Extent Practicable.
A Storm Water pollution Prevention Plan prepared and implemented pursuant to any
NPDES Permit shall meet the definition of a Storm Water pollution Prevention Plan for
the purposes of this Chapter.
CC. .Watercourse" shall mean any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash, in which waters
flow in a definite direction or course, either continuously or intermittently, and which
. has a definite channel and a bed or banks. A channel is not limited to land covered by
minimal or ordinary flow but also includes land covered during times of high water.
"Watercourse" does not include any surface drainage prior to its collection in a stream,
river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine,
arroyo or wash.
DD. "Watercourse Permit" shall mean a permit issued by the Director of Public Works
pursuant to Chapter 14.08 of the Chula Vista Municipal Code.
EE. "Wetlands" shall mean areas that are inundated or saturated by surface or ground waters
at a frequency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
14.20.040 Administration.
The Enforcement Official shall administer, implement, and enforce the provisions of this
Chapter. Any powers granted to, or duties imposed upon, the Enforcement Official may be
delegated by the Enforcement Official to Persons in the employ of the City, or pursuant to
contract.
When deemed necessary by the Enforcement Official, the Enforcement Official shall
prepare and present to the City Council for approval regulations consistent with the general
policies established herein by the City Council. The Enforcement Official shall enforce Council
approved regulations necessary to the administration of this ordinance, and may recommend that
the Council amend such regulations from time to time as conditions require.
14.20.100 Discharge of Non-Stonn Water Prohibited.
It is unlawful for any Person to discharge Non-Storm Water into the Storm Water
Conveyance System, except as provided in Section 14.20.110.
14.20.110 Exemptions to Discharge Prohibition.
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The following discharges are exempt from the prohibition set forth in Section 14.20.100,
provided that they do not cause or significantly contribute to violations of the water quality
standards set forth in the Basin Plan or the California Ocean Plan, or convey Significant
Quantities of Pollutants to Receiving Waters, or are a danger to public health and safety:
A. Any discharge or connection regulated under a NPDES Permit issued to the discharger
and administered by the State of California pursuant to Chapter 5.5, Division 7 of the
California Water Code, provided that the discharger is in compliance with all
requirements of the permit and other applicable laws and regulations.
B. Discharges from the following activities will not be considered a source of Pollutants to
Waters of the United States:
1. Discharges composed entirely of Storm Water.
2. Water line flushing and other discharges from potable water sources.
3. Landscape irrigation and lawn watering.
4. Irrigation water.
5. Diverted stream flows.
6. Rising ground waters.
7. Groundwater infiltration to the Storm Water Conveyance System.
8. Uncontaminated pumped ground water not subject to any applicable NPDES or
State Water Resources Control Board permit.
9. Passive foundation and footing drains (not including active groundwater
dewatering systems).
10. Water from crawl space pumps.
11. Air conditioning condensation.
12. Springs.
13. Non-commercial washing of vehicles.
14. Flows from riparian habitats and Wetlands.
15. Dechlorinated swimming pool discharges.
16. Flows from fire fighting activities.
17. Street wash waters related to cleaning ~d maintenance by the City of Chula Vista
or its contractor for said services.
18. Waters not otherwise containing wastes as defined in California Water Code
Section 13050(d) and California Health and Safety Code Section 25117.
C. Any discharge which the Enforcement Agency, the County Health Officer, and/or the
Regional Water Quality Control Board determines in writing is necessary for the
protection of the public health and safety.
14.20.120 Reduction or Pollutants Contacting or Entering Storm Water Required.
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A. It is unlawful for any Person not to utilize Best Management Practices to the Maximum
Extent Practicable to eliminate or reduce Pollutants entering the City's Storm Water
Conveyance System.
B. In order to reduce the risk of Non-Storm Water or Pollutant discharges to the City's
Storm Water Conveyance System, the following minimum Best Management Practices
shall be implemented:
1. Commercial and Industrial Business-Related Activities.
a. Storm Water Pollution Prevention Plan: When the Enforcement Official
determines that a business or business-related activity causes or
significantly contributes to violation of the water quality standards set
forth in the Basin Plan or California Ocean Waters Plan, or conveys
Significant Quantities of Pollutants to Receiving Waters, then the
Enforcement Official may require the business to develop and implement
a Storm Water Pollution Prevention Plan (SWPPP). Businesses which
may be required to prepare and implement a SWPPP include, but are not
limited to, those which perform maintenance, storage, manufacturing,
assembly, equipment operations, vehicle loading, and/or cleanup activities
partially or wholly out of doors.
b. Coordination with Hazardous Materia!s Re$ponse Plans and Inventory:
Any business subject to the Hazardous Materials inventory and response
program pursuant to Chapter 6.95 of the California Health and Safety
Code, shall include provisions for compliance with this Chapter in its
Hazardous Materials Response Plan, including prohibitions of unlawful
Non-Storm Water discharges and illegal Discharges, and provisions
requiring the use of Best Management Practices to reduce the discharge
of Pollutants in Storm Water.
c. Impervious Surfaces: Persons owning or operating a Parking Lot or an
impervious surface (including, but not limited to, service station
pavements or paved private streets and roads) used for automobile-related
or similar purposes shall clean those surfaces as frequently and as
thoroughly as is necessary, in accordance with Best Management
Practices, to prevent the discharge of Pollutants to the City's Storm Water
Conveyance System. Sweepings or cleaning residue from Parking Lots
or impervious surfaces shan not be swept or otherwise made or allowed
to go into any Storm Water conveyance, gutter, or roadway, but must be
disposed of in accordance with regional solid waste procedures and
practices.
2. Activities not Otherwise Regulated by Subsection B.l.
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Any Person engaged in Development or other activity not covered by Subsection A in
the City of Chula Vista shall utilize Best Management Practices to prevent Pollutants
from entering the Storm Water Conveyance System by complying with all applicable
local ordinances, the Standard Specifications for Public Works Construction when
performing public work, and applicable provisions of the NPDES General Permit for
Storm Water Discharges Associated with Construction Activity issued by the State Water
Resources Control Board (State Board Order No. 92-O8-DWQ), and any subsequent
amendments.
14.20.130 Containment, Cleanup, and Notification of Spills.
It is unlawful for any Person owning or occupying any Premises who has knowledge of
any release of Significant Quantities of materials, Pollutants, or waste which may result in
Pollutants or Non-Storm Water discharges entering the City's Storm Water Conveyance System
1Q..nQ1 immediately take all reasonable action to contain, minimize, and clean up such release.
Such Person shall notify the City of Chula Vista of the occurrence and/or County of San Diego
Department of Health Services/Environmental Health Services Hazardous Materials Management
Division, and any other appropriate agency of the occurrence as soon as possible, but no later
than 24 hours from the time of the incident's occurrence.
14.20.140 Watercourse Protection.
In addition to the prohibitions relating to Watercourses and the requirements for
Watercourse Permits set forth in Chapter 14.08, it is unlawful for any Person owning and/or
occupying property through which a Watercourse passes to fail or refuse to:
A. Keep and maintain that part of the Watercourse within the property free of trash, debris,
and other obstacles which would pollute, contaminate, or significantly retard the flow of
water through the Watercourse.
B. Maintain existing privately owned structures within or adjacent to a Watercourse so that
such structures will not become a hazard to the use, function, or physical integrity of the
Watercourse.
C. Keep and maintain healthy bank vegetation in such as a manner as to minimize the
vulnerability of the Watercourse to erosion.
14.20.150 Development In or Adjacent to Watercourse Restricted - Land Development,
BuDding, or Watercourse Permit Required.
No Person shall carry out Development within thirty feet of the center line of any
Watercourse or within twenty feet of the edge of any Watercourse, whichever is the greater
distance from the top of the creek bank, unless a Land Development, Building, or Watercourse
Permit has first been obtained. The City Officer issuing said permit is hereby granted the
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authority to establish controls on the volume and rate of Storm Water runoff from such new
Development as may be reasonable and appropriate to minimize the discharge and transport of
Pollutants to the Maximum Extent Practicable in the granting or conditioning the granting of
such permit.
14.20.200 Inspection and Sampling - General.
A. After obtaining legal entry to any Premises in accordance with Section 1.16.010 of this
Code, the representative of the Enforcement Agency shall have the right to:
1. Carry out any inspection and sampling activities on the Premises as may be
necessary to enforce the provisions and requirements of this Chapter. Upon
request, split samples shall be given to the owner and/or occupant of the
Premises.
2. Inspect any vehicle on the Premises reasonably suspected of causing, contributing
to, or being used to transport an Illegal Discharge to the Storm Water
Conveyance System.
3. Conduct tests, analyses and evaluations to determine if a discharge of Storm
Water is an Illegal Discharge or to determine if the requirements of this Chapter
have been met.
4. Photograph any effluent stream, material or waste, material or waste container,
container label, vehicle, waste treatment process, waste disposal site, or condition
contributing to Storm Water pollution and constituting a violation of this Chapter
found during an inspection.
5. Inspect and copy pertinent records relating to the facility's operations, including
inventories, chemical usage, materials, sources, Hazardous Materials manifests
and disposal records, treatment and operations log books, and materials invoices.
6. Review and obtain a copy of the Storm Water Pollution Prevention Plan prepared
by the owner and/or occup~t or facility operator, if such a plan is required.
7. Require the owner and/or occupant or facility operator to retain evidence, as
instructed by the inspector, for a period not to exceed 30 days.
8. Review and obtain copies of all Storm Water monitoring data compiled by the
owner and/or occupant or facility operator, if such monitoring is required.
9. Review and obtain copies of all records related to handling of Pollutants and
Hazardous Materials.
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B. The Enforcement Official may conduct routine or area inspections, which shall be based
upon such reasonable selection processes as may be deemed necessary to carry out the
objectives of this Chapter, including, but not limited to random sampling or sampling in
areas with evidence of Storm Water contamination, Illegal Discharges, discharge of Non-
Storm Water to the Storm Water Conveyance System, or similar factors.
C. All Enforcement Officials shall have adequate identification. Enforcement Officials and
other authorized personnel shall identify themselves when entering any property for
inspection purposes or when inspecting the work of any contractor.
14.20.210 Inspection Procedures - Additional Requirements.
During the inspection, the Enforcement Official shall comply with all reasonable security,
safety, and sanitation measures. In addition, the Enforcement Official shall comply with
reasonable precautionary measures specified by the owner and/or occupant or facility operator.
At the conclusion of the inspection, and prior to leaving the site, the Enforcement Official shall
make every reasonable effort to review with the owner and/or occupant or the facility operator
each of the violations noted by the Enforcement Official and any corrective actions that may be
necessary. A report listing any violation found by the Enforcement Official during the
inspection shall be kept on file by the Enforcement Agency. A copy of the report shall be
provided to the owner and/or occupant or facility operator, or left at the Premises if no Person
is available. If corrective action is required, then the occupant, facility owner, and/or facility
operator shall implement a plan of corrective action based upon a written plan of correction,
submitted to the Enforcement Agency, which states the corrective actions to be taken and the
expected dates of completion. Failure to implement a plan of correction constitutes a violation
of this Chapter.
14.20.220 Authority to Sample and Establish Sampling Devices.
With the consent of the property owner or occupant or pursuant to a search warrant, the
Enforcement Official is authorized to establish on any property that discharges directly or
indirectly to the municipal Storm Water Conveyance System such devices as are necessary to
conduct sampling or metering operations. During all inspections as provided herein, the official
may take samples of materials, wastes, and/or effluent as deemed necessary to aid in the pursuit
of the inquiry or in the recordation of the activities onsite.
14.20.230 Testing, Monitoring or Mitigation Required - When.
A. The Enforcement Official may require that any Person engaged in any activity and/or
owning or operating any facility which causes or contributes to Storm Water pollution
or contamination, Illegal Discharges, and/or discharge of Non-Storm Water to the Storm
Water Conveyance System perform monitoring, including physical and chemical
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monitoring and/or analyses and furnish reports as the Enforcement Official may specify
if:
1. The Person, or facility owner or operator, fails to eliminate megal Discharges
within a specified time after receiving a written notice to do so by the
Enforcement Official.
2. The Enforcement Official has documented repeated violations of this Chapter by
the Person or facility owner or operator which has caused or contributed to Storm
Water pollution.
It is unlawful for such Person or facility owner or operator to fail or refuse to undertake
and provide the monitoring, analyses, and/or reports specified. Specific monitoring
criteria shall bear a relationship to the types of Pollutants which may be generated by the
Person's activities or the facility's operations. If the Enforcement Agency has evidence
that a Pollutant is originating from a specific Premises, then the Enforcement Agency
may require monitoring for that Pollutant regardless of whether said Pollutant may be
generated by routine activities or operations. The Person or facility owner or operator
shall be responsible for all costs of these activities, analyses and reports.
B. Any Persons required to monitor pursuant to Paragraph A, above, shall implement a
Storm Water monitoring program including, but not limited to, the following:
1. Routine visual monitoring for dry weather flows.
2. Routine visual monitoring for spills which may pollute Storm Water runoff.
3. A monitoring log including monitoring date, potential pollution sources, as noted
in I and 2, and a description of the mitigation measures taken to eliminate any
potential pollution sources.
-
C. The Enforcement Official may require a Person, or facility owner or operator, to install
or implement Storm Water pollution reduction or control measures, including but not
limited to, process modification to reduce the generation of Pollutants or a pretreatment
program approved by the Regional Water Quality Control Board and/or the City of Chula
Vista if:
1. The Person, or facility owner or operator, fails to eliminate megal Discharges
after receiving a written notice from the Enforcement Official.
2. The Person, or facility owner or operator, fails to implement a Storm Water
Pollution Prevention Plan, as required by the Enforcement Official.
3. The Enforcement Official has documented repeated violations of this Chapter any
such Person or facility owner or operator which has caused or contributed to
Storm Water pollution.
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D. If testing, monitoring or mitigation required pursuant to this Chapter are deemed no
longer necessary by the Enforcement Official, then any or all of the requirements
contained in Paragraphs A, B, and C may be discontinued.
E. A Storm Water monitoring program prepared and implemented pursuant to any State-
issued NPDES General Permit shall be deemed to meet the requirements of a monitoring
program for the purposes of this Chapter.
14.620.300 Concealment.
Causing, permitting, aiding, abetting or concealing a violation of any provision of this
Chapter is unlawful and shall constitute a separate violation of this Chapter.
14.20.310 Acbi1inistrative Enforcement Powers.
The Enforcement Agency and Enforcement Official can exercise any enforcement powers
as provided in Title 1 of this Code. In addition to the general enforcement powers provided in
Title 1 of this Code, the Enforcement Agency and Enforcement Official have the authority to
utilize the following administrative remedies as may be necessary to enforce this Chapter:
A. Cease and Desist Orders.
When the Enforcement Official finds that a discharge has taken place or is likely to take
place in violation of this Chapter, the Enforcement Official may issue an order to cease
and desist such discharge, practice, or operation likely to cause such discharge and direct
that those Persons not complying shall:
1. Comply with the applicable provisions and policies of this Chapter.
2. Comply with a time schedule for compliance.
3. Take appropriate remedial or preventive action to prevent the violation from
recurring.
B. Notice to Clean and Abate.
Whenever the Enforcement Official finds any oil, earth, dirt, grass, weeds, dead trees,
tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the
sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds,
which may result in an increase in Pollutants entering the City's Storm Water
Conveyance System or a Non-Storm Water discharge to the City's Storm Water
Conveyance System, the Enforcement Official may issue orders and give written notice
to remove same in any reasonable manner. The recipient of such notice shall undertake
the activities as described in the notice.
C. Storm Water Pollution Prevention Plan.
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The Enforcement Official shall have the authority to establish elements of a Storm Water
Pollution Prevention Plan, and to require any owner or occupier of any Premises to adopt
and implement such a plan pursuant to Section 14.20. 120.B. l.a., as may be reasonably
necessary to fulfill the purposes of this Chapter.
D. Employee Training Program.
The Enforcement Official shall have the authority to establish elements of an Employee
Training Program, as may be necessary to fulfill the purposes of this Chapter, where
such a Program has been required as an element of a Storm Water Pollution Prevention
Plan.
E. Civil Penalties.
Any Person who violates any of the provisions of this Chapter or who fails to implement
a Storm Water monitoring plan, violates any cease and desist order or Notice to Clean
and Abate, or fails to adopt or implement a Storm Water Pollution Prevention Plan as
directed by the Enforcement Official shall be liable for a civil penalty not to exceed
$1,000 for each day such a violation exists. The violator shall be charged for the full
costs of any investigation, inspection, or monitoring survey which led to the detection
of any such violation, for abatement costs, and for the reasonable costs of preparing and
bringing legal action under this subsection. In addition to any other applicable
procedures, the Enforcement Agency may utilize the lien procedures of Chapter 1.30 to
enforce the violator's liability. The violator may also be liable for compensatory
damages for impairment, loss or destruction to water quality, wildlife, fish and _aquatic
life.
14.20.320 Administrative Notice, Hearing, and Appeal Procedures.
Administrative notice, hearing, and appeal procedures shall be as specified in Section
13.06.110, except all references to "Title" shall mean "Chapter 14.20", references to "sewer"
shall be interpreted as "Storm Water Conveyance System", and methods of administrative
enforcement shall mean any and all remedies available to the Enforcement Official under Section
14.20.310.
14.20.330 Judicial Enforcement.
A. Criminal Penalties.
Notwithstanding Section 1.20.010, any Person who violates any provision of this Chapter
or who fails to implement a Storm Water monitoring plan, violates any cease and desist
order or Notice to Clean and Abate, or fails to adopt or implement a Storm Water
Pollution Prevention Plan as directed by the Enforcement Official shall be punished, upon
conviction, by a fine not to exceed $10,000 for each day in which such violation occurs,
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or imprisonment in the San Diego County jail for a period not to exceed one (1) year,
or both.
B. Injunctionl Abatement of Public Nuisance.
Whenever a discharge into the Storm Water Conveyance System is in violation of the
provisions of this Chapter or otherwise threatens to cause a condition of contamination,
pollution, or nuisance, the Enforcement Official may also cause the City to seek a
petition to the Superior Court for the issuance of a preliminary or permanent injunction,
or both, or an action to abate a public nuisance, as may be appropriate in restraining the
continuance of such discharge.
C. Other Civil Action.
Whenever a Notice and Order or Hearing Officer's decision is not complied with, the
City Attorney may, at the request of the Enforcement Official, initiate any appropriate
civil action in a court of competent jurisdiction to enforce such Notice and Order and
decision, including the recovery of any unpaid Storm Drain Fees andlor civil penalties
provided herein.
14.10.340 Violations Deemed a Public Nuisance.
In addition to the other civil and criminal penalties provided herein, any condition caused
or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public
health, safety, and welfare and is declared and deemed a public nuisance, which may be
summarily abated andlor restored as directed by the Enforcement Official in accordance with
the procedures identified in Chapter 1.30. A civil action to abate, enjoin or otherwise compel
the cessation of such nuisance may also be taken by the City, if necessary.
The full cost of such abatement and restoration shall be borne by the owner of the
property and the cost thereof shall be a lien upon and against the property in accordance with
the procedures set forth in Chapter 1.30.
14.10.350 Remedies Not Exclusive.
Remedies set forth in this Chapter are not exclusive but are cumulative to all other civil
and criminal penalties provided by law, including, but not limited to, penalty provisions of the
Federal Clean Water Act andlor the State Porter-Cologne Water Quality Control Act. The
seeking of such federal and lor state remedies shall not preclude the simultaneous commencement
of proceedings pursuant to this Chapter.
14.10.360 Civll Penalties to be Deposited in the Storm Drain Revenue Fund.
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Any civil penalties collected by the City as a result of violations of this Chapter shall be
deposited in the Storm Drain Revenue Fund.
SECTION XII. This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Submitted by Approved as to form by
MÞ¿jI
John P. Lippitt Bruce . Boogaard
Director of Public Works City Attorney
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COUNCIL AGENDA STATEMENT
Item r
Meeting Date 9/13/94
ITEM TITLE: Resolution 17~.s-dAPproving Fourth Amendment to
Agreement with Remy and Thomas for Litigation
Representation Services ~
SUBMITTED BY: Bruce M. Boogaard, City Attorney
4/5ths Vote: Yes No--1L
- When the city of Chula Vista and County of San Diego approved the
final version of the Otay Ranch Project, part of the approval was
an indemnification agreement by Otay Vista Associates (successor to
Baldwin vista Associates), indemnifying the City and the County in
the event of an attack on the project approval. Chaparral Greens
thereafter sued, alleging inadequacies in the final program EIR
and/or violations of CEQA. Council, by Resolution No. 17547 on
January 4, 1994, ratified a Three-Party Agreement whereby Remy and
Thomas (Tina Thomas, Esq.) would represent the city pursuant to
that indemnification agreement, at Otay vista's expense. On March
29, 1994 the Council approved the First Amendment to Agreement,
increasing the maximum compensation from $75,000 to $160,000. On
May 10, 1994 the Council approved the Second Amendment to
Agreement, increasing the maximum compensation from $160,000 to
$295,000. On July 19, 1994, the Council approved the Third
Amendment to Agreement, increasing the maximum compensation from
$295,000 to $395,000.
Approval of the resolution and agreement will authorize Tina Thomas
of Remy and Thomas to continue to represent the City in that
litigation at Otay vista's (Baldwin's) expense, and further
increase the maximum compensation from $395,000 to $495,000. The
matter is now set for trial on September 19, 1994.
RECOMMENDATION: Approve the attached resolution approving the
Fourth Amendment to the City's Agreement with Remy and Thomas for
legal representation in the Chaparral Greens litigation.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION:
Approval of the resolution will increase the maximum compensation
set forth in the Agreement from $395,000 to $495,000. It will
allow continued representation of the City by Tina Thomas of Remy
and Thomas, the attorney who has provided advice with regard to
compliance with CEQA and the adequacy of the EIR throughout the
entire planning process. Both the City and the County are named as
Real Parties in Interest in the litigation, and the defendant is
the Baldwin Company, through its corporate entity, otay vista
Associates.
y--/
FISCAL IMPACT: $100,000, the difference between the old
authorization ($395,000) and the amount herein approved ($495,000),
which by the agreement is to be paid by the Baldwin Company and the
establishment of a deposit account. The City has no funds exposed
for payment of attorney's fees in this matter. Our duty to pay the
attorney is dependent on collection of funds from Baldwin.
M:\Home\Attorney\Chappar13
y..)...
RESOLUTION NO. I 7 ~5'P
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING FOURTH AMENDMENT TO AGREEMENT
WITH REMY AND THOMAS FOR LITIGATION REPRESENTATION
SERVICES IN CONNECTION WITH THE CHAPARRAL GREENS
LAWSUIT, AND AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, the City, by Resolution No. 17347, on January 4, 1994, approved an
Agreement with Remy and Thomas for Litigation Representation Services in connection with
the Chaparral Greens lawsuit; and,
WHEREAS, the City of Chula Vista, by Resolution No. 17426 on March 29, 1994,
approved a First Amendment to Agreement to provide for continued litigation representation
services in connection with the Chaparral Greens lawsuit, and an increase in the maximum
compensation from $75,000 to $160,000; and,
WHEREAS, the City of Chula Vista, by Resolution No. 17481 on May 10, 1994,
approved a Second Amendment to Agreement to provide for continued litigation
representation services in connection with the Chaparral Greens lawsuit, and an increase in
the maximum compensation from $160,000 to $295,000; and,
WHEREAS, the City of Chula Vista, by Resolution No. 17571 on July 19, 1994,
approved a Third Amendment to Agreement to provide for continued litigation representation
services in connection with the Chaparral Greens lawsuit, and increase the total amount of
compensation from $295,000 to $395,000; and
WHEREAS, it is necessary to amend said Agreement to increase the total amount of
Agreement from $395,000 to $495,000; and,
WHEREAS, Otay Vista Associates is required by an Indemnity Agreement to defend,
indemnify and hold harmless the City regarding any litigation arising from City's approval of
the Otay Ranch Project, including payment for legal counsel to represent City in such
litigation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the Fourth Amendment to Agreement with Remy and Thomas for
Litigation Representation Services in connection with the Chaparral Greens lawsuit, known
as document number CO94-_, a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and dire ed to execute said Fourth Amendment for and on behalf of the City of
Chula V. a.
Bruce M. Boogaard
City Attorney Y'3 /g~'f
FOURTH AMENDMENT TO AGREEMENT WITH
REMY AND THOMAS
LITIGATION REPRESENTATION SERVICES
WHEREAS, the City ofChula Vista, by Resolution 17347 on January 4,1994, approved
an Agreement to provide for litigation representation services in connection with the Chaparral
Greens lawsuit; and
WHEREAS, the City ofChula Vista, by Resolution 17426 on March 29,1994, approved
a First Amendment to Agreement to provide for continued litigation representation services in
connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation
from $75,000 to $160,000; and
WHEREAS, the City of Chula Vista, by Resolution 17481 on May 10, 1994, approved
a Second Amendment to Agreement to provide for continued litigation representation services
in connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation
from $160,000 to $295,000; and
WHEREAS, the City of Chula Vista, by Resolution 17571 on July 19, 1994, approved
a Third Amendment to Agreement to provide for continued litigation representation services in
connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation
from $295,000 to $395,000; and
WHEREAS, since that time, it has become apparent that litigation expenses will be
higher than originally anticipated; and
WHEREAS, Otay Vista Associates (Baldwin) is responsible for and agrees to pay all
costs involved in defending the litigation as a result of the Indemnification Agreement approved
by the Council as part of the final approval of the Otay Ranch Project.
NOW, THEREFORE, the parties hereto agree as follows:
1. That Paragraph 2.b.iv. be amended to change the amount of $395,000 to $495,000
to read as follows:
"iv. Consultant shall not incur costs or billings which, in total, exceed Four Hundred
Ninety-Five Thousand Dollars ($495,000.00) without further written approval of the
City."
2. All other terms and conditions not modified by this Fourth Amendment to
Agreement shall remain in full force and effect.
8'~f
IN WITNESS WHEREOF, City, Consultant and Developer have executed this Fourth
Amendment to Agreement this day of , 1994.
CITY OF CHULA VISTA OT A Y VISTA ASSOCIATES
Tim Nader, Mayor
Attest: REMY AND THOMAS
City Clerk Tina A. Thomas
Approv~ as to form:
/ J)
/~~
Bruce M. Boogaard
City Attorney
4080257.100
g", (,
COUNCIL AGENDA STATEMENT
Item----Î-
Meeting Date 9/13/94
ITEM TITLE: Resolution /')¿,51 Approving the Business Expansion Incentive Policy
SUBMITTED BY: Community Development Director L S .
REVIEWED BY: City Manager &,~ ~ (4/5ths Vote: Yes_NoX)
frI1
BACKGROUND:
On June 7, 1994, Council approved a City policy to provide an incentive for business expansion
by targeting businesses "likely" to grow, and making personal contact to inform them of potential
city assistance (see Agenda item, Attachment A).
RECOMMENDATION: That Council adopt the resolution approving the attached Business
Expansion Incentive Policy for inclusion in the City's Policy Manual.
BOARDS/COMMISSIONS RECOMMENDATION: On May 4, 1994, the Economic Development
Commission voted to support the proposed Business Retention/Expansion Program
(5-0-4:Tuchscher, Maslak, Read, Patrick absent).
DISCUSSION:
The attached Council policy (Attachment B) has been prepared per Council's request. This
policy provides for local businesses to be personally contacted by a City representative and for
those businesses expressing a serious interest in expanding to be "eligible" to receive support
and assistance from an established project team. This policy statement is being submitted to
allow immediate business visitations to occur. Please note that a more comprehensive Business
Retention/Expansion program/policy is being developed in conjunction with the City's EDC and
will be brought back to Council in the very near future.
FISCAL IMPACT: Implementation will involve limited staff time, with no direct cost to the City.
ATTACHMENTS
A - June 7, 1994 Agenda ItenNOT SCANNED
B - Business Expansion Incentive Policy
[(MD) c:\wp51\document\55.94
9'1
RESOLUTION I 7415/
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE
BUSINESS EXPANSION INCENTIVE POLICY
WHEREAS, the Business Expansion Incentive Policy is a program designed to assist
businesses desiring to expand within Chula Vista; and
WHEREAS, the policy provides for a "Project Manager," Economic Development
contact, and a managerial level Ombudsman for businesses intending to expand (by an
estimated 30% or more in operating space, annual sales, and/or personnel); and
WHEREAS, the implementation of said policy includes visitation by one or more
individuals from the Economic Development Commission, Chula Vista Chamber of
Commerce or City Volunteers to the targeted companies; and
WHEREAS, the visitations will educate businesses about the City's expansion policy
and provide an opportunity to distribute City literature.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
vista approve the creation and implementation of the Business Expansion Incentive Policy.
Presented by
r ~ ~~~ 1)
Chris Salomone Bruce Boogaard
Director of Community Development City Attorney
J
[(MD)c:\wp51\document\58.94 (rev. September 2, 1994)]
9"~
ATTACHMENT A
June 7, 1994
MEMO TO: The Honorable Mayor & City Council
FROM: Councilman Leonard Moore
SUBJECT: CITY OF CHULA VISTA ECONOMIC INCENTIVE POUCY
FOR BusÙ'iESS EXPANSION - RECOMMEND
COUNCIL APPROVAL
PURPOSE:
To establish a City policy as an incentive to business expansion thereby creating an
improved tax base, increase jobs and/or attract customers to the City due to uniqueness
of product, sales or services.
METHOD:
Create a focused, directed, and simple program to encourage Chula Vista businesses to
expand and grow. A specific and manageable number of .likely businesses. will be
targeted and personally contacted by EDC Commissioners, Chamber members, or
volunteers. The purpose of these visits will be to: 1) educate regarding the program and
solicit interest; 2) distribute literature; and 3) invite company principals to attend a
program related seminar as described below.
QUALIFICATIONS:
Any company in the City of Chula Vista demonstrating willingness and desire to expand
their presently stable business by 30% or more may qualify.
CITY'S BASIC POUCY FOR QUALIFIED BUSINESSES: The City Manager shall;
1. Designate a managerial level ombudsman who will review all potential fees and off site
improvements triggered by expansion effort. The results of meeting(s) will clarify funding
cost and method of payments and/or deferment of actions, UP front.
2. A project .manager" will be designated from within either the Planning, Engineering,
Building & Housing or Community Development Department (single point of contact).
3. A designated staff member or team will work with the applicant in regard to potential
financial assistance.
TARGETED BUSINESS:
A review of business license listings and other sources of data will provide the initial core
of businesses that may qualify due to number of employees, uniqueness of product or
service and personal knowledge. This list will be known as "The Chula Vista 100. and will
constantly evolve and change as companies evolve, interest is established or views, and
our knowledge of these and other business expands. Each business in "The Chula Vista
100. will be contacted as described above and invited to a City hosted seminar designed
and coordinated by the Economic Development Commission and Economic Development
~~-r ]'--3
-.'
Manager to educate and solicit interest in the program.
BACKGROUND:
When the Economic Development Commission pursued their initial goals and objectives,
retention and expansion were the highest priorities. This was later modified, and rightly
so, to include Mbusiness specificsM which emphasized, biotech, high tech, bio med, Border
Environmental Commerce ZÐne etc. Most of staffs efforts are consumed by business
specifics and associated magnet(s) needed to draw these extremely important businesses
to the City.
The Mbread and butter" of economic development is the retention and expansion of
present businesses. This program and recommended Council City Policy are thought to
be the magnet for success.
RECOMMENDATIONS:
The Economic Development Commission, Economic Development Manager, and
Community Development Department Director approve aforementioned business
expansion policy and provide professional draft with a .tentative policy prepared and
submitted to the City Council via City Manager within the shortest feasible time frame.
COMMISSION ACTIONS: /
~/1( "':~?Ji.¿tv
, ,lo, ,...
Economic Development Coþcil at their May meeting unanimously recommended approval.
LMM:ps .
8:\m00r8\bu5expan
cc: City CouncIl
Acslstanl City Managef
~ 9-'1
ATTACHMENT B
I COUNCIL POLICY I
CITY OF CHULA VISTA
SUBJECT: CITY OF CHULA VISTA BUSINESS EXPANSION POLICY EFFECTIVE
INCENTIVE POLICY NUMBER DATE PAGE
100-0 I 08-06-85 1 OF I
ADOPTED BY: I DATED: 09-13 -94
BACKGROUND
On September 13, 1994, the Clty Council established a City policy to provide an incentive for business
expansion by targeting businesses "likely" to grow, and making personal contact to inform them of potential city
assistance.
PURPOSE
The purpose of this policy is to provide an incentive for businesses to expand within Chula Vista.
POLICY
The City Council establishes the following policy regarding the assistance to be provided a business expressing a
serious intent to expand (by an estimated 30% or more in operating space, annual sales, and/or personnel):
1) A Planning Department "Project Manager" will coordinate all interdepartmental seNices/responses to
qualifying companies.
2) The Economic Development Manager will coordinate all business assistance support systems, including
financial assistance and/or referrals.
3) The Assistant City Manager will act as the overall Ombudsman to insure that potentially required fees
and off-site improvements, as well as project timeframes, are identified up front and that these costs are
mitigated, when and as appropriate, to facilitate projects of public benefit.
PROCEDURES
1. Targeted businesses will be personally contacted by one or more individuals from the following groups:
Economic Development Commission
Chula Vista Chamber of Commerce
City volunteers
2. Visitations will educate businesses about the City's expansion policy and provide an opportunity to
distribute City literature.
3. Businesses expressing an intent to expand by 30% or more will be eligible for the assistance described
in Nos. 1,2 and 3 above.
[(MD)c:\wp51\document\56.94 (rev. September 2, 1994)] 'I"$'
COUNCIL AGENDA STATEMENT
Item 10
Meeting Date 09/13/94
ITEM TITLE: R I' )7/,.(1;.. h M . S
eso utlOn ut onzmg t e ayor to execute agreements with the an
Diego Unified Port District for receipt of financial assistance
SUBMITTED BY: Director of Parks and Recrea~';'
Public Information Coordinato
REVIEWED BY: City Manager (p I~ ') ~ (4/Sths Vote: Yes - No X)
k<'
In May 1994, the City submitted financial assistance requests to the San Diego Unified Port District
(Port) for partial funding for four City-sponsored special events. The Board of Port Commissioners
approved all four requests (totaling $74,500) at their meeting on June 21, 1994, and the Port is now
requiring the City to enter into formal agreements which stipulate conditions and City requirements for
receipt of the approved funding.
RECOMMENDATION: That Council adopt the resolution authorizing the Mayor to execute said
agreements with the San Diego Unified Port District for $74,500 in financial assistance.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSS~ON: An agreement process was instituted by the Port District in 1993, to ensure that all
recipients of Port funding are utilizing the funds for the purposes indicated on the request for funding,
and to ensure that the Port is given adequate recognition in advertising and promotions for events that
are co-sponsored and partially or completely funded by the Port.
This year, the Port approved funding for the Fourth of July Community Pride Fair, the San Diego
Symphony Pops Concert, the Harbor Days & Tall Ship Festival, and the Winterfest/Light Up the Harbor
Festival. In previous years, the City has only requested funding for the Pops Concert. The Community
Pride Festival was a new event for the City this year, and due to the fact that the Chula Vista Marina
notified the City that they would no longer be able to produce Harbor Days and Winterfest, the City
approached the Port for funding for these events as well.
- The Port approved $8,000 to provide professional entertainment at the Fourth of July Community
Pride Fair at Marina View Park. The City provided funding for the event in the amount of
$43,710.
- The Port approved $21,500 to offset the contract costs with the San Diego Symphony for the
annual Pops Concert, which took place at Marina View Park on August 21, 1994. The City
provided an additional $11,120.
- The Port approved $30,000 to supplement the City's funding of $13,000 for the Harbor Days &
Tall Ship Festival which is scheduled for September 17, 1994.
wp/portagre.113 1
/¿j~/
Item J ()
Meeting Date 09/13/94
- The Port approved $15,000 to supplement $10,000 in City funding for the Winterfest/Light Up
the Harbor Festival which will be conducted on December 10, 1994.
Separate agreements are required for each event, and copies of the agreements are attached (Attachments
A-D). The agreements include a General Terms and Conditions section which contains Hold Harmless
language and insurance requirements. The City was in full compliance with the insurance and hold
harmless stipulations for the two events that have already taken place; the City executed Port District
Tidelands Activity Permits for both events, and the permits contain similar language and requirements.
FISCAL IMPACT: The Port has approved $74,500 of financial assistance for these events, which will
supplement existing City funding. Port District funding has and will greatly enhance the scope, quality,
and diversity of each of the events, and has and will benefit the City and it's populace by providing a
wide spectrum of attractive special events that attract large numbers of people to the Bayfront throughout
the year.
Attachments: A - Port Agreement - Fourth of July communit1ride Pair ¡
B - Port Agreement - Symphony Pops Concert j
C - Port Agreement - Harbor Days/Tall Ship Festival
D - Port Agreement - Winterfest Light Up the Harbor Festival J
wp/portagre.113 2
//1'2.
RESOLUTION NO. I 'J ¿, F.2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY of
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE
AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT
DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE
WHEREAS, in May 1994, the City submitted financial
assistance requests to the San Diego Unified Port District for
partial funding for the following four City-sponsored special
events:
$8,000 to provide professional entertainment at the
Fourth of July Community Pride Fair at Marina View Park
with the city providing funding in the amount of $43,710
$21,500 to offset the contract costs with the San Diego
Symphony for the annual Pops Concert, which took place at
Marina View Park on August 21 with the City providing an
additional $11,120
$40,000 to supplement the city's funding of $12,000 for
the Harbor Days & Tall Ship Festival which is scheduled
for September 17, 1994
$15,000 to supplement $10,000 in City funding for the
Winterfest/Light Up the Harbor Festival which will be
conducted on December 10, 1994
WHEREAS, the Board of Port Commissioners approved all
four requests (totaling $84,500) at their meeting on June 21,1994,
and the Port is now requiring the city to enter into formal
agreements which stipulate conditions and city requirements for
receipt of the approved funding.
NOW, THEREFORE, BE IT RESOLVED the City council of the
City of Chula Vista does hereby authorize the Mayor of the City of
Chula vista to execute agreements with the San Diego Unified Port
District for receipt of financial assistanc copie f which are
on file in the Office of the City Clerk.
Presented by
Jess Valenzuela, Director of
Parks and Recreation
c: \rs\portagre
1t1'J 1/ D - 'f
AGREEMENT
This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT,
a public corporation, herein called "District" and the CITY OF
CHULA VISTA, herein called "Contractor."
RECITALS
1. Contractor has a Program known as the Symphony Pops
-
Concert.
2. The Program to be accomplished by Contractor contributes
to a balance of District navigational, commercial, fisheries,
recreational and promotional programs designed to enhance the well-
being of San Diego Bay tidelands.
3. The Program to be accomplished by Contractor is of such
nature that the interests of District are better served by an
agreement with Contractor than by the performance of such a program
by District.
THE PARTIES AGREE:
In consideration of the recitals and the mutual obligations of
the parties as herein expressed, District and Contractor agree as
follows:
1. Program: Contractor shall conduct those program
activities budgeted and contained in Exhibit A, attached hereto and
incorporated herein by reference as a part of this agreement. Each
specific program activity shall be subject to prior approval of the
District.
2. Contract Administrator: The Public Affairs Department of
1
//),5'
the District is designated as the Contract Administrator of this
agreement and shall receive and process all reports and requests
for payment. All correspondence shall be sent to the following
address:
Mr. Dan E. Wilkens
Deputy Port Director, Public Affairs
San Diego Unified Port District
Post Office Box 488
San Diego, CA 92112
3. Term of Agreement: The term of this agreement shall be
from July 1, 1994, through June 30, 1995.
4. General Terms and Conditions: The General Terms and
Conditions attached hereto are incorporated by reference as though
fully set forth herein and by this reference are made part of this
agreement.
5. Payment: District shall pay Contractor a sum not to
exceed Twenty-One Thousand Five Hundred Dollars ($21,500) to be
used to perform the Program activities shown in Exhibit A, subject
to obtaining prior approval from the District as provided in
Section 1, above.
a. No payment shall be made by District if any
report (see Sections 1, 5, 8 and 9) required by this and
previous agreements is not on file at the time payment is
due.
b. Payment shall be solely for reimbursement of
expenses already paid by Contractor. Requests for
reimbursement shall be submitted no more often than
2
III'~
monthly and shall provide proof of both incurrence and
payment [See Section 5.c.(2)]. Expenses must be incurred
within the term of this agreement.
c. Payments shall be made upon written request to
the Contract Administrator. Each request shall consist
of:
( 1) A completed "Request for Reimburse-
ment" form which shall be provided by the
Contract Administrator. Only expenditures for
program activities for which prior approval
from the District was obtained will be
reimbursed, provided, however, the Contract
Administrator may in exceptional circumstances
reimburse unforeseen expenses relating to the
funded objectives of the Contractor.
( 2) Proof that the expenses were both
incurred and paid. Proof of incurrence and
payment is defined in General Terms and
Conditions attached hereto. Expenses must be
incurred within the term of this agreement.
d. Final requests for payment shall be submitted
within sixty (60) days after the end of the term of this
agreement.
e. Payments shall not be made by District unless, and
until, Contractor has provided to Contract Administrator a
3
I~'?
plan, acceptable to said Administrator, of appropriate public
recognition or credit for the financial assistance as
described herein.
f. No portion of District funds under this
agreement shall be used for the purchase of awards,
trophies, prizes, gifts, uniforms, capital outlay,
equipment or the buildup of reserves.
6. Excess Costs: District shall not be held accountable or
liable for any monetary losses incurred as a result of conducting
said program. It is agreed that District's monetary contribution
is limited to that stated herein and that District shall not be
responsible for cash costs or support services.
7. Limits of District Responsibility: It is expressly
understood and agreed that this agreement constitutes the entire
agreement between Contractor and District and supersedes all prior
negotiations. In no event shall Contractor be entitled to any
compensation, benefits, reimbursements or ancillary services other
than as expressly provided in this agreement. No modifications or
amendments of this agreement shall be valid unless duly authorized,
reduced to writing and signed by the parties hereto.
8. Reporting Requirements:
a. By September 30,1994, December 31,1994, March
31, 1995, and June 30, 1995, Contractor shall submit a
Quarterly Performance Report which shall provide a
quantitative indicator of the extent to which the Program
4
ItI'y
activities contained in Exhibit A have been met for the
immediately preceding quarter and fiscal year to date.
This report form shall be provided by the Contract
Administrator.
b. Quarterly reports shall be accompanied by copies
of publicity and advertising material evidencing credit
to the District for its financial support.
c. Contractor shall inform Contract Administrator
in writing upon the resignation, retirement or discharge
of its executive director or other managing agent, or a
majority change in the membership of the board of
directors.
9. Financial Disclosure: Within Ninety (90) days after the
end of Contractor's fiscal year, Contractor shall file with the
Contract Administrator duly certified copies of true, accurate and
complete documents evidencing Contractor's financial status as
follows:
a. A statement of the expenditure of District funds
by Program activities identified in Exhibit A and
compared with budgeted amounts.
b. A statement of compliance with the terms of the
District's agreement.
c. A statement of revenues and expenditures and a
balance sheet of all funds received by the Contractor.
d. If District funding is Twenty Thousand Dollars
5
/~'1
($20,000.00) or greater, audited financial statements,
including that mentioned in a, band c, above, must be
prepared by an independent Certified Public Accountant.
(If Contractor receives funding from Two (2) District
fiscal years during Contractor's fiscal year, financial
disclosure shall include separate data for each District
fiscal year.)
10. No Third Party Beneficiary: This agreement is made and
entered into for the benefit of the District and Contractor only,
and is not intended for the benefit of any third party or any other
person, and no such third party or any other person shall be a
third party beneficiary to this agreement or otherwise have the
right to enforce any provisions of this agreement.
11. Signatures Required: This agreement shall not be
complete nor effective until signed by either the Port Director or
Assistant Port Director on behalf of the District and by the other
party.
DATED
SAN DIEGO UNIFIED PORT DISTRICT
By
Port Director
CHULA VISTA SYMPHONY POPS
CONCERT COMMITTEE
6
I' -'1(/
GENERAL TERMS AND CONDITIONS
These general terms and conditions are part of the terms and
conditions of the attached agreement between the SAN DIEGO UNIFIED
PORT DISTRICT, first party, and the Organization or Organizations
described in and signatory to the agreement.
1. Definitions:
a. "District" means the San Diego Unified Port
District, a public corporation.
b. "Port Director" means the duly appointed,
qualified and acting Port Director of District.
c. "Board" means the duly appointed, qualif ied and
acting Board of Port Commissioners of District.
d. "Organization" means the civic organization
completely directing and in complete control of its own
affairs through its own officers or member which is named
in the attached agreement and is signatory thereto.
Wherever used herein and when appropriate, "Organization"
shall be deemed to also mean "Contractor" or
"Corporation."
e. "Related Parties" or "Subcontractor" means an
individual or entity with whom the organization contracts
in order to carry out the program described in the
attached agreement.
f. "Contract Administrator" means the duly
appointed, qualified and acting Contract Administrator as
designated by the Port Director.
7
IP'I/
g. "Revenue" means funds received by the
Organization from various sources. All major sources of
revenue must be listed separately. Minor revenue sources
can be listed separately or grouped.
h. "Expenditures" means funds disbursed by the
Organization for varl.OUS expense categories. Where a
budget has been established, the expenditures should be
grouped and recorded in accordance with the budget. If
a budget has not been established, then expenditures
would be grouped according to specific expense
categories.
2. Proof of Incurrence and Payment. Requests for
reimbursement shall be accompanied by proof of both incurrence and
payment.
a. Incurrence shall be proven by invoice, bill,
contract or other document acceptable to Contract
Administrator. All expenses must be incurred within the
term of the agreement between District and Organization.
Allowable exceptions shall be determined by Contract
Administrator.
b. Payment shall be proven by indicating the check
number and date of check on submitted invoice, bill, etc.
Contract Administrator may require canceled check as
additional support.
c. Request for reimbursement of payroll expenses
shall be accompanied by: i) an independently prepared
8
IP" /.2
payroll register, or ii) an in-house payroll register and
canceled payroll checks. Requests for reimbursement of
Payroll Taxes shall be supported by depository receipts or
canceled checks used for paying the taxing authority.
d. Distr ict will not reimburse cash advances (e. g.
travel expenses) or refundable deposits (e.g. telephone
installation, rental equipment).
3. Maintenance of Records. Organization shall keep, or
cause to be kept, true, accurate and complete records, including
double entry books, a profit and loss statement, and a balance
sheet, making it at all times possible to determine the nature and
amount of revenue and expenditures. Accounting for all revenues
and expenditures shall conform to generally accepted accounting
principles: A separate accounting of the expenditure of funds
received from the District shall be maintained in the accounting
records and financial reports. All of Organization's expenditures
and transactions shall be supported by documents of original entry
such as sales slips, cash register tapes, purchase invoices and
receipts. Documents supporting a profit and loss statement shall
be retained by Organization until an audit of Organization's
records is conducted by District, or until a period of Three (3)
years has elapsed, whichever occurs first. Organization shall also
maintain adequate output information according to the following
guidelines:
a. Information shall include quantitative
measurements of program effectiveness and/or output.
9
lð' 13
b. Information shall be as directly related to
program funding requirements as practical.
4. Inspection and Audit of Records. All books, statements,
documents, records and financial data of Organization shall be made
available in the Ci ty of San Diego and be open at all times for
inspection and/or audit by District upon reasonable notice. The
District shall have the right to make copies or excerpts of
pertinent documents. Further, District has the option of
conducting an audit of all books, statements, documents, records
and financial data of the Organization's related parties and/or
subcontractors.
5. Financial Disclosure. Within Ninety (90) days after the
end of Contractor's fiscal year, Contractor shall file with the
Contract Administrator duly certified copies of true, accurate and
complete documents evidencing the financial status for Contractor's
immediately preceding fiscal year as follows:
a. A statement of the expenditure of District
funds by program to be identified in the same categories
as contained in the final budget and compared with
budgeted amounts.
b. A statement of compliance with the terms of
this contract with the District.
c. A statement of revenue and expenditures and a
balance sheet of all funds received by the Organization.
d. If District funding is Twenty Thousand Dollars
($20,000.00) or greater, audited financial statements,
10
/()' I 'I
including that mentioned in a, b and c, above, must be
prepared by an independent Certified Public Accountant.
(If Contractor receives funding from Two (2) District
fiscal years during Contractor's fiscal year, Financial Disclosure
shall include separate data for each District fiscal year.)
6. Independent Contractor. Organization is and shall at all
times be and remain an independent contractor and not an agent or
employee of District.
7. Related Parties or Subcontractors. Services rendered to
Contractor through a subcontracted agreement shall be substantiated
by detailed invoice. Services rendered by a consultant shall be
substantiated by invoice and contract between Organization and
consultant. Contract Administrator shall determine whether
additional reporting or supporting documentation is necessary.
8. Hold Harmless. Contractor agrees to defend, indemnify,
protect and hold District and its agents, officers and employees
harmless from and against any claims, cause of action or damage or
injury to person or property, including injury to Contractor's
employees, agents or officers, which arise from or are connected
with or are caused or claimed to be caused by the acts or omissions
of Contractor and its agents, officers or employees, in performing
the work or services herein, and all expenses of investigating and
defending against same; provided, however, that Contractor's duty
to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful
misconduct of the District, its agents, officers or employees.
11
/ð ' 15'
9. Insurance. The Port Director may require Contractor to
secure and maintain liability insurance naming the San Diego
Unified Port District as an additional insured. Such insurance
shall be secured from an insurance company acceptable to the
District and in an amount as may be required by the Port Director.
Organization shall deliver to the District a certificate evidencing
such insurance which shall provide Thirty (30) days notice to be
given to District in the event of a cancellation.
10. Assignment. Organization shall not assign this agreement
or any right or interest hereunder without prior written consent of
District. An assignment by operation of law shall automatically
terminate this agreement.
11. Interest of Organization. Organization, officers and
members covenant that they presently have no interest and shall not
acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required to
be performed under this agreement. Organization further covenants
that in the performance of this agreement no person having any such
interest shall be employed.
12. Activities Prohibited. Organization agrees to the
following prohibitions:
a. Organization shall not use directly or
indirectly any of the funds received from the District
under this agreement for the following purposes:
( 1) To purchase awards, trophies,
prizes, gifts, uniforms or equipment.
12
/~'I¿
( 2) To support capital drives or buildup
reserves.
( 3) For any political or religious
activities whatever.
b. Organization shall adopt and follow a policy
prohibiting endorsement of commercial products or
services for purposes of advertisement.
13. Equal Opportunity and Non-Discrimination. Contractor
hereby agrees to comply with Title VII of the Civil Rights Act of
1964, as amended, the California Fair Employment and Housing Act,
and any other applicable Federal and State laws and regulations
hereinafter enacted prohibiting discrimination, including without
limitation laws prohibiting discrimination because of race, color,
national origin, religion, age, sex or handicap.
14. Withholding of Funds and Termination. The District may
withhold funds from the contracting Organization and terminate its
entire obligation upon notice to the Organization if the
Organization violates any of the terms of the agreement, or for
other good cause shown not related to a violation of the terms of
the agreement. The Port Director shall thereafter advise the Board
of the notification of termination made to the Organization.
13
léJ'/7
EXIDBIT A
SYMPHONY POPS CONCERT
City of Chula Vista (City) shall provide all administrative functions, support services, supplies and
equipment to conduct an outdoor symphony concert on August 21, 1994, at Marina View Park.
1. City shall enter into a contractual agreement with the San Diego Symphony Orchestra
(Symphony) to provide the concert. The contractual agreement shall include provisions for a 75-
90 minute concert that will start at 7:30 PM. The Symphony shall provide the musical
. performance, as well as a portable orchestra shell, sound system, stage platforms, lighting,
chairs, music stands, and other required equipment, and labor to set up and remove said
equipment.
2. City shall provide, at City cost, all other required equipment and services for the event, which
includes, but is not limited to, the following:
A. electrical power suitable for the Symphony's needs
B. required Police services for traffic and crowd control
C. a fireworks display to accompany the final concert number
D. portable toilets for the Symphony and the public
E. trash receptacles and trash control
F. shuttle bus service (free to the public)
G. event administration and coordination
H. On-site staff for distribution of event programs
3. City shall provide, at City cost, adequate promotions and media exposure for the event,
identifying the San Diego Unified Port District as a co-sponsor of the event. Publicity shall
include, but not be limited to, the following:
A. preparation and distribution of press packages and press releases
. B. contact with local and area multi-media providers, encouraging promotions and release
of public service announcements and feature articles
C. purchase of paid advertising space in local and area newspapers
D. design, printing, and distribution of approximately 10,000 event flyers
E. design, printing, and distribution of approximately of 6,000 event programs to the be
distributed at the concert
F. announcements at all Summer Concert Series concerts, reminding concert participants of
upcoming events (reaching an average of 1,400 participants/week)
G. announcements in City's Quarterly publication which is distributed by mail to
approximately 53,000 homes and businesses in the City
H. 1/3 page announcement in Parks and Recreation Department Summer Activity brochure
which is distributed to approximately 20,000 homes in Chula Vista via a distribution
through City schools
SYMPEXHB.A
I/),/~
AGREEMENT
This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT,
a public corporation, herein called "District" and the CITY OF
CHULA VISTA, herein called "Contractor."
RECITALS
1. Contractor has a Program known as the Fourth of July
Community Pride Fair. This is a one-day event scheduled for July
4, 1995.
2. The Program to be accomplished by Contractor contributes
to a balance of District navigational, commercial, fisheries,
recreational and promotional programs designed to enhance the well-
being of San Diego Bay tidelands.
3. The Program to be accomplished by Contractor is of such
nature that the interests of District are better served by an
agreement with Contractor than by the performance of such a program
by District.
THE PARTIES AGREE:
In consideration of the recitals and the mutual obligations of
the parties as herein expressed, District and Contractor agree as
follows:
1. Program: Contractor shall conduct those program
activities budgeted and contained in Exhibit A, attached hereto and
incorporated herein by reference as a part of this agreement. Each
specific program activity shall be subject to prior approval of the
District.
2. Contract Administrator: The Public Affairs Department of
the District is designated as the Contract Administrator of this
/1f)'19
agreement and shall receive and process all reports and requests
for payment. All correspondence shall be sent to the following
address:
Mr. Dan E. Wilkens
Deputy Port Director, Public Affairs
San Diego Unified Port District
Post Office Box 488
San Diego, CA 92112
3. Term of Agreement: The term of this agreement shall be
from July l, 1994, through June 30, 1995.
4. General Terms and Conditions: The General Terms and
Conditions attached hereto are incorporated by reference as though
fully set forth herein and by this reference are made part of this
agreement.
5. Payment: District shall pay Contractor a sum not to
exceed Eight Thousand Dollars ($8,000.00) to be used to perform the
Program activities shown in Exhibit A, subject to obtaining prior
approval from the District as provided in Section 1, above.
a. No payment shall be made by District if any
report (see Sections 1, 5, 8 and 9) required by this and
previous agreements is not on file at the time payment is
due.
b. Payment shall be solely for reimbursement of
expenses already paid by Contractor. Requests for
reimbursement shall be submitted no more often than
monthly and shall provide proof of both incurrence and
paYment [See Section 5.c.(2)]. Expenses must be incurred
2
I~"~()
within the term of this agreement.
c. Payments shall be made upon written request to
the Contract Administrator. Each request shall consist
of:
( 1) A completed "Request for Reimburse-
ment" form which shall be provided by the
Contract Administrator. Only expenditures for
program activities for which prior approval
from the District was obtained will be
reimbursed, provided, however, the Contract
Administrator may in exceptional circumstances
reimburse unforeseen expenses relating to the
funded objectives of the Contractor.
( 2) Proof that the expenses were both
incurred and paid. Proof of incurrence and
payment is defined in General Terms and
Conditions attached hereto. Expenses must be
incurred within the term of this agreement.
d. Final requests for payment shall be submitted
within Sixty (60) days after the end of the term of this
agreement.
e. PaYments shall not be made by District unless, and
until, Contractor has provided to Contract Administrator a
plan, acceptable to said Administrator, of appropriate public
recognition or credit for the financial assistance as
3
//)'.2. /
described herein.
f. No portion of District funds under this
agreement shall be used for the purchase of awards,
trophies, prizes, gifts, uniforms, capital outlay,
equipment or the buildup of reserves.
6. Excess Costs: District shall not be held accountable or
liable for any monetary losses incurred as a result of conducting
said program. It is agreed that District's monetary contribution
is limited to that stated herein and that District shall not be
responsible for cash costs or support services.
7. Limits of District Responsibility: It is expressly
understood and agreed that this agreement constitutes the entire
agreement between Contractor and District and supersedes all prior
negotiations. In no event shall Contractor be entitled to any
compensation, benefits, reimbursements or ancillary services other
than as expressly provided in this agreement. No modifications or
amendments of this agreement shall be valid unless duly authorized,
reduced to writing and signed by the parties hereto.
8. Reporting Requirements:
a. By September 30, 1994, December 31, 1994, March
31, 1995, and June 30, 1995, Contractor shall submit a
Quarterly Performance Report which shall provide a
quantitative indicator of the extent to which the Program
activities contained in Exhibit A have been met for the
immediately preceding quarter and fiscal year to date.
4
III""'¡ .1.
This report form shall be provided by the Contract
Administrator.
b. Quarterly reports shall be accompanied by copies
of publicity and advertising material evidencing credit
to the District for its financial support.
c. Contractor shall inform Contract Administrator
in writing upon the resignation, retirement or discharge
of its executive director or other managing agent, or a
majority change in the membership of the board of
directors.
9. Financial Disclosure: Within Ninety (90) days after the
end of Contractor's fiscal year, Contractor shall file with the
Contract Administrator duly certified copies of true, accurate and
complete documents evidencing Contractor's financial status as
follows:
a. A statement of the expenditure of District funds
by Program activities identified in Exhibit A and
compared with budgeted amounts.
b. A statement of compliance with the terms of the
District's agreement.
c. A statement of revenues and expenditures and a
balance sheet of all funds received by the Contractor.
d. If District funding is Twenty Thousand Dollars
($20,000.00) or greater, audited financial statements,
including that mentioned in a, band c, above, must be
5
/¿;'~3
prepared by an independent Certified Public Accountant.
(If Contractor receives funding from Two (2) District
fiscal years during Contractor's fiscal year, financial
disclosure shall include separate data for each District
fiscal year.)
10. No Third Party Beneficiary: This agreement is made and
entered into for the benefit of the District and Contractor only,
and is not intended for the benefit of any third party or any other
person, and no such third party or any other person shall be a
third party beneficiary to this agreement or otherwise have the
right to enforce any provisions of this agreement.
11. Signatures Required: This agreement shall not be
complete nor effective until signed by either the Port Director or
Assistant Port Director on behalf of the District and by the other
party.
DATED
SAN DIEGO UNIFIED PORT DISTRICT
By
Port Director
CHULA VISTA FOURTH OF JULY
COMMUNITY PRIDE FAIR
6
Id'.1¥
GENERAL TERMS AND CONDITIONS
These general terms and conditions are part of the terms and
conditions of the attached agreement between the SAN DIEGO UNIFIED
PORT DISTRICT, first party, and the Organization or Organizations
described in and signatory to the agreement.
1. Definitions:
a. "District" means the San Diego Unified Port
District, a public corporation.
b. "Port Director" means the duly appointed,
qualified and acting Port Director of District.
c. "Board" means the duly appointed, qualif ied and
acting Board of Port Commissioners of District.
d. "Organization" means the civic organization
completely directing and in complete control of its own
affairs through its own officers or member which is named
in the attached agreement and is signatory thereto.
Wherever used herein and when appropriate, "Organization"
shall be deemed to also mean "Contractor" or
"Corporation."
e. "Related Parties" or "Subcontractor" means an
indi vidual or entity with whom the Organization contracts
in order to carry out the program described in the
attached agreement.
f. "Contract Administrator" means the duly
appointed, qualified and acting Contract Administrator as
designated by the Port Director.
7
/P'.l5'
g. "Revenue" means funds received by the
Organization from various sources. All major sources of
revenue must be listed separately. Minor revenue sources
can be listed separately or grouped.
h. "Expenditures" means funds disbursed by the
Organization for various expense categories. Where a
budget has been established, the expenditures should be
grouped and recorded in accordance with the budget. If
a budget has not been established, then expenditures
would be grouped according to specific expense
categories.
2. Proof of Incurrence and Payment. Requests for
reimbursement shall be accompanied by proof of both incurrence and
payment.
a. Incurrence shall be proven by invoice, bill,
contract or other document acceptable to Contract
Administrator. All expenses must be incurred within the
term of the agreement between District and Organization.
Allowable exceptions shall be determined by Contract
Administrator.
b. Payment shall be proven by indicating the check
number and date of check on submitted invoice, bill, etc.
Contract Administrator may require canceled check as
additional support.
c. Request for reimbursement of payroll expenses
shall be accompanied by: i) an independently prepared
8
10 ...2!,
payroll register, or ii) an in-house payroll register and
canceled payroll checks. Requests for reimbursement of
Payroll Taxes shall be supported by depository receipts or
canceled checks used for paying the taxing authority.
d. District will not reimburse cash advances (e.g.
travel expenses) or refundable deposi+s (e.g. telephone
installation, rental equipment).
3. Maintenance of Records. Organization shall keep, or
cause to be kept, true, accurate and complete records, including
double entry books, a profit and loss statement, and a balance
sheet, making it at all times possible to determine the nature and
amount of revenue and expenditures. Accounting for all revenues
and expenditures shall conform to generally accepted accounting
principles: A separate acco:unting of the expenditure of funds
received from the District shall be maintained in the accounting
records and financial reports. All of Organization's expenditures
and transactions shall be supported by documents of original entry
such as sales slips, cash register tapes, purchase invoices and
receipts. Documents supporting a profit and loss statement shall
be retained by Organization until an audit of Organization's
records is conducted by District, or until a period of Three (3)
years has elapsed, whichever occurs first. Organization shall also
maintain adequate output information according to the following
guidelines:
a. Information shall include quantitative
measurements of program effectiveness and/or output.
9
I~':J. 7
b. Information shall be as directly related to
program funding requirements as practical.
4. Inspection and Audit of Records. All books, statements,
documents, records and financial data of Organization shall be made
available in the City of San Diego and be open at all times for
inspection and/or audit by District upon reasonabl~ notice. The
District shall have the right to make copies or excerpts of
pertinent documents. Further, District has the option of
conducting an audit of all books, statements, documents, records
and financial data of the Organization's related parties and/or
subcontractors.
5. Financial Disclosure. Within Ninety (90) days after the
end of contractor's fiscal year, Contractor shall file with the
Contract Administrator duly certified copies of true, accurate and
complete documents evidencing the financial status for Contractor's
immediately preceding fiscal year as follows:
a. A statement of the expenditure of District
funds by program to be identified in the same categories
as contained in the final budget and compared with
budgeted amounts.
b. A statement of compliance with the terms of
this contract with the District.
c. A statement of revenue and expenditures and a
balance sheet of all funds received by the Organization.
d. If District funding is Twenty Thousand Dollars
($20,000.00) or greater, audited financial statements,
10
/~'.J.y
including that mentioned in a, b and c, above, must be
prepared by an independent Certified Public Accountant.
(If Contractor receives funding from Two (2) District
fiscal years during Contractor's fiscal year, Financial Disclosure
shall include separate data for each District fiscal year.)
6. Independent Contractor. Organization is and shall at all
times be and remain an independent contractor and not an agent or
employee of District.
7. Related Parties or Subcontractors. Services rendered to
Contractor through a subcontracted agreement shall be substantiated
by detailed invoice. Services rendered by a consultant shall be
substantiated by invoice and contract between Organization and
consultant. Contract Administrator shall determine whether
additional reporting or supporting documentation is necessary.
8. Hold Harmless. Contractor agrees to defend, indemnify,
protect and hold District and its agents, officers and employees
harmless from and against any claims, cause of action or damage or
injury to person or property, including injury to Contractor's
employees, agents or officers, which arise from or are connected
with or are caused or claimed to be caused by the acts or omissions
of Contractor and its agents, officers or employees, in performing
the work or services herein, and all expenses of investigating and
defending against same; provided, however, that Contractor's duty
to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful
misconduct of the District, its agents, officers or employees.
11
ItJ',Â'j
9. Insurance. The Port Director may require Contractor to
secure and maintain liability insurance naming the San Diego
Unified Port District as an additional insured. Such insurance
shall be secured from an insurance company acceptable to the
District and in an amount as may be required by the Port Director.
Organization shall deliver to the District a certificate evidencing
such insurance which shall provide Thirty (30) days notice to be
given to District in the event of a cancellation.
10. Assignment. Organization shall not assign this agreement
or any right or interest hereunder without prior written consent of
District. An assignment by operation of law shall automatically
terminate this agreement.
11. Interest of Organization. Organization, officers and
members covenant that they presently have no interest and shall not
acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required to
be performed under this agreement. Organization further covenants
that in the performance of this agreement no person having any such
interest shall be employed.
12. Activities Prohibited. Organization agrees to the
following prohibitions:
a. Organization shall not use directly or
indirectly any of the funds received from the District
under this agreement for the following purposes:
( 1) To purchase awards, trophies,
prizes, gifts, uniforms or equipment.
12
/1I,JtJ
( 2) To support capital drives or buildup
reserves.
( 3) For any political or religious
activities whatever.
b. Organization shall adopt and follow a policy
prohibiting endorsement of commercial products or
services for purposes of advertisement.
13. Equal Opportunity and Non-Discrimination. Contractor
hereby agrees to comply with Title VII of the Civil Rights Act of
1964, as amended, the California Fair Employment and Housing Act,
and any other applicable Federal and State laws and regulations
hereinafter enacted prohibiting discrimination, including without
limitation laws prohibiting discrimination because of race, color,
national origin, religion, age, sex or handicap.
14. Withholding of Funds and Termination. The District may
withhold funds from the contracting Organization and terminate its
entire obligation upon notice to the Organization if the
Organization violates any of the terms of the agreement, or for
other good cause shown not related to a violation of the terms of
the agreement. The Port Director shall thereafter advise the Board
of the notification of termination made to the Organization.
13
/~':JJ
EXIDBIT A
FOURTH OF JULY COMMUNITY PRIDE FAIR
City of Chula Vista (City) shall provide all administrative functions and support services and equipment
to conduct an outdoor Community Pride Festival and Fireworks Display on July 4, 1995, at Marina View
Park. Utilizing funding provided by the Port District and the City:
1. City shall enter into a contractual agreement with a professional booking agency to provide
musical entertainment at the event. The contractual agreement shall include provisions for live,
ongoing musical entertainment by professional musicians and musical groups throughout the
course of the event, which is tentatively scheduled for
3:00 PM - 9:00 PM.
2. City shall provide, at City cost, all other required equipment and services for the musical
entertainment at the event, which includes, but is not limited to, the following:
A. electrical power suitable for the performing groups' needs
B. staging, shade canopy, and temporary dressing facilities for musical performers
C. a professional sound system and technical support for operating and monitoring the
system throughout the event
D. a stage manager to facilitate the set-up and transition between performers
3. The musical entertainment is one component of a large-scale special event on a major holiday.
The City will be providing additional support services in the form of Police Services (crowd and
traffic control), shuttle bus service, portable toilets, portable lighting, etc.
4. City shall provide, at City cost, adequate promotions and media exposure for the event,
identifying the San Diego Unified Port District as a co-sponsor of the event. Publicity shall
include, but not be limited to, the following:
A. preparation and distribution of press packages and press releases
B. contact with local and area multi-media providers, encouraging promotions and release
of public service announcements and feature articles
C. purchase of paid advertising space in local and area newspapers
D. design, printing, and distribution of approximately 20,000 event flyers
E. announcements in City's Quarterly publication which is distributed by mail to
approximately 53,000 homes and businesses in the City
H. 1/3 page announcement in two quarterly Parks and Recreation Department brochures that
is distributed to approximately 20,000 homes in Chula Vista via a distribution through
City schools
FESTEXHB.A
I~*"J;'
AGREEMENT
This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT,
a public corporation, herein called "District" and the SOUTH SAN
DIEGO BAY WINTERFEST FESTIVAL, a nonprofit corporation, herein
called "Contractor."
RECITALS
1. Contractor has a Program known as the Tenth Annual
Winterfest and "Light Up the Harbor" Festival. This is a one-day
event scheduled for December 10, 1994.
2. The Program to be accomplished by Contractor contributes
to a balance of District navigational, commercial, fisheries,
recreational and promotional programs designed to enhance the well-
being of San Diego Bay tidelands.
3. The Program to be accomplished by Contractor is of such
nature that the interests of District are better served by an
agreement with Contractor than by the performance of such a program
by District.
THE PARTIES AGREE:
In consideration of the recitals and the mutual obligations of
the parties as herein expressed, District and Contractor agree as
follows:
1. Program: Contractor shall conduct those program
activities budgeted and contained in Exhibit A, attached hereto and
incorporated herein by reference as a part of this agreement. Each
specific program activity shall be subject to prior approval of the
District.
1
IP' J:J
2. Contract Administrator: The Public Affairs Department of
the District is designated as the Contract Administrator of this
agreement and shall receive and process all reports and requests
for paYment. All correspondence shall be sent to the following
address:
Mr. Dan E. Wilkens
Deputy Port Director, Public Affairs
San Diego Unified Port District
Post Office Box 488
San Diego, CA 92112
3. Term of Agreement: The term of this agreement shall be
from July 1, 1994, through June 30, 1995.
4. General Terms and Conditions: The General Terms and
Conditions attached hereto are incorporated by reference as though
fully set forth herein and by this reference are made part of this
agreement.
5. Payment: District shall pay Contractor a sum not to
exceed Fifteen Thousand Dollars ($15,000) to be used to perform the
Program activities shown in Exhibit A, subject to obtaining prior
approval from the District as provided in Section 1, above.
a. No payment shall be made by District if any
report (see Sections 1,5, 8 and 9) required by this and
previous agreements is not on file at the time paYment is
due.
b. Payment shall be solely for reimbursement of
expenses already paid by Contractor. Requests for
reimbursement shall be submitted no more often than
monthly and shall provide proof of both incurrence and
2
/~'.11
paYment [See Section 5.c.(2)]. Expenses must be incurred
within the term of this agreement.
c. PaYments shall be made upon written request to
the Contract Administrator. Each request shall consist
of:
( 1) A completed "Request for Reimburse-
ment" form which shall be provided by the
Contract Administrator. Only expenditures for
program activities for which prior approval
from the District was obtained will be
reimbursed, provided, however, the Contract
Administrator may in exceptional circumstances
reimburse unforeseen expenses relating to the
funded objectives of the Contractor.
( 2) Proof that the expenses were both
incurred and paid. Proof of incurrence and
paYment is defined in General Terms and
Conditions attached hereto. Expenses must be
incurred within the term of this agreement.
d. Final requests for paYment shall be submitted
within Sixty (60) days after the end of the term of this
agreement.
e. PaYments shall not be made by District unless, and
until, Contractor has provided to Contract Administrator a
plan, acceptable to said Administrator, of appropriate public
recognition or credit for the financial assistance as
3
/"';15'
described herein.
f. No portion of District funds under this
agreement shall be used for the purchase of awards,
trophies, prizes, gifts, uniforms, capital outlay,
equipment or the buildup of reserves.
6. Excess Costs: District shall not be held accountable or
liable for any monetary losses incurred as a result of conducting
said program. It is agreed that District's monetary contribution
is limited to that stated herein and that District shall not be
responsible for cash costs or support services.
7. Limits of District Responsibility: It is expressly
understood and agreed that this agreement constitutes the entire
agreement between Contractor and District and supersedes all prior
negotiations. In no event shall Contractor be entitled to any
compensation, benefits, reimbursements or ancillary services other
than as expressly provided in this agreement. No modifications or
amendments of this agreement shall be valid unless duly authorized,
reduced to writing and signed by the parties hereto.
8. Reporting Requirements:
a. By september 30,1994, December 31,1994, March
31, 1995, and June 3 0, 1995, Contractor shall submit a
Quarterly Performance Report which shall provide a
quantitative indicator of the extent to which the Program
activities contained in Exhibit A have been met for the
immediately preceding quarter and fiscal year to date.
This report form shall be provided by the Contract
4
I~' J¿,
Administrator.
b. Quarterly reports shall be accompanied by copies
of publicity and advertising material evidencing credit
to the District for its financial support.
c. Contractor shall inform Contract Administrator
in writing upon the resignation, retirement or discharge
of its executive director or other managing agent, or a
majority change in the membership of the board of
directors.
9. Financial Disclosure: Within Ninety (90) days after the
end of Contractor's fiscal year, Contractor shall file with the
Contract Administrator duly certified copies of true, accurate and
complete documents evidencing Contractor's financial status as
follows:
a. A statement of the expenditure of District funds
by Program activities identified in Exhibit A and
compared with budgeted amounts.
b. A statement of compliance with the terms of the
District's agreement.
c. A statement of revenues and expenditures and a
balance sheet of all funds received by the Contractor.
d. If District funding is Twenty Thousand Dollars
($20,000.00) or greater, audited financial statements,
including that mentioned in a, band c, above, must be
prepared by an independent Certified Public Accountant.
(If Contractor receives funding from Two (2) District
5
/~'37
fiscal years during Contractor's fiscal year, financial
disclosure shall include separate data for each District
fiscal year.)
10. No Third Party Beneficiary: This agreement is made and
entered into for the benefit of the District and Contractor only,
and is not intended for the benefit of any third party or any other
person, and no such third party or any other person shall be a
third party beneficiary to this agreement or otherwise have the
right to enforce any provisions of this agreement.
11. Signatures Required: This agreement shall not be
complete nor effective until signed by either the Port Director or
Assistant Port Director on behalf of the District and by the other
party.
DATED
SAN DIEGO UNIFIED PORT DISTRICT
By
Port Director
SOUTH SAN DIEGO BAY WINTERFEST
FESTIVAL
6
ItJ'J~
GENERAL TERMS AND CONDITIONS
These general terms and conditions are part of the terms and
conditions of the attached agreement between the SAN DIEGO UNIFIED
PORT DISTRICT, first party! and the Organization or Organizations
described in and signatory to the agreement.
1. Definitions:
a. "District" means the San Diego Unified Port
District, a public corporation.
b. "Port Director" means the duly appointed,
qualified and acting Port Director of District.
c. "Board" means the duly appointed, qualified and
acting Board of Port Commissioners of District.
d. "Organization" means the civic organization
completely directing and in complete control of its own
affairs through its own officers or member which is named
in the attached agreement and is signatory thereto.
Wherever used herein and when appropriate, "Organization"
shall be deemed to also mean "Contractor" or
"Corporation."
e. "Related Parties" or "Subcontractor" means an
indi vidual or entity with whom the Organization contracts
in order to carry out the program described in the
attached agreement.
f. "Contract Administrator" means the duly
appointed, qualified and acting Contract Administrator as
designated by the Port Director.
7
1'-' J1
g. "Revenue" means funds received by the
Organization from various sources. All major sources of
revenue must be listed separately. Minor revenue sources
can be listed separately or grouped.
h. "Expenditures" means funds disbursed by the
Organization for various expense categories. Where a
budget has been established, the expenditures should be
grouped and recorded in accordance with the budget. If
a budget has not been established, then expenditures
would be grouped according to specific expense
categories.
2. Proof of Incurrence and Payment. Requests for
reimbursement shall be accompanied by proof of both incurrence and
payment.
a. Incurrence shall be proven by invoice, bill,
contract or other document acceptable to Contract
Administrator. All expenses must be incurred within the
term of the agreement between District and Organization.
Allowable exceptions shall be determined by Contract
Administrator.
b. Payment shall be proven by indicating the check
number and date of check on submitted invoice, bill, etc.
Contract Administrator may require canceled check as
additional support.
c. Request for reimbursement of payroll expenses
shall be accompanied by: i) an independently prepared
8
Id"'¡(/
payroll register, or ii) an in-house payroll register and
canceled payroll checks. Requests for reimbursement of
Payroll Taxes shall be supported by depository receipts or
canceled checks used for paying the taxing authority.
d. District will not reimburse cash advances (e. g.
travel expenses) or refundable deposits (e.g. telephone
installation, rental equipment).
3. Maintenance of Records. Organization shall keep, or
cause to be kept, true, accurate and complete records, including
double entry books, a profit and loss statement, and a balance
sheet, making it at all times possible to determine the nature and
amount of revenue and expenditures. Accounting for all revenues
and expenditures shall conform to generally accepted accounting
principles: A separate accounting of the expenditure of funds
received from the District shall be maintained in the accounting
records and financial reports. All of Organization's expenditures
and transactions shall be supported by documents of original entry
such as sales slips, cash register tapes, purchase invoices and
receipts. Documents supporting a profit and loss statement shall
be retained by Organization until an audit of Organization's
records is conducted by District, or until a period of Three (3)
years has elapsed, whichever occurs first. Organization shall also
maintain adequate output information according to the following
guidelines:
a. Information shall include quantitative
measurements of program effectiveness and/or output.
9
IP ,Þj /
b. Information shall be as directly related to
program funding requirements as practical.
4. Inspection and Audit of Records. All books, statements,
documents, records and financial data of Organization shall be made
available in the City of San Diego and be open at all times for
inspection and/or audit by District upon reasonable notic~. The
District shall have the right to make copies or excerpts of
pertinent documents. Further, District has the option of
conducting an audit of all books, statements, documents, records
and financial data of the organization's related parties and/or
subcontractors.
5. Financial Disclosure. Within Ninety (90) days after the
end of Contractor's fiscal year, Contractor shall file with the
Contract Administrator duly certified copies of true, accurate and
complete documents evidencing the financial status for Contractor's
immediately preceding fiscal year as follows:
a. A statement of the expenditure of District
funds by program to be identified in the same categories
as contained in the final budget and compared with
budgeted amounts.
b. A statement of compliance with the terms of
this contract with the District.
c. A statement of revenue and expenditures and a
balance sheet of all funds received by the Organization.
d. If District funding is Twenty Thousand Dollars
($20,000.00) or greater, audited financial statements,
10
IP'¥.J.-
including that mentioned in a, b and c, above, must be
prepared by an independent Certified Public Accountant.
(If Contractor receives funding from Two (2) District
fiscal years during Contractor's fiscal year, Financial Disclosure
shall include separate data for each District fiscal year.)
6. Independent Contractor. Organization is and shall at all
times be and remain an independent contractor and not an agent or
employee of District.
7. Related Parties or Subcontractors. Services rendered to
Contractor through a subcontracted agreement shall be substantiated
by detailed invoice. Services rendered by a consultant shall be
substantiated by invoice and contract between Organization and
consultant. Contract Administrator shall determine whether
additional reporting or supporting documentation is necessary.
8. Hold Harmless. Contractor agrees to defend, indemnify,
protect and hold District and its agents, officers and employees
harmless from and against any claims, cause of action or damage or
injury to person or property, including injury to Contractor's
employees, agents or officers, which arise from or are connected
with or are caused or claimed to be caused by the acts or omissions
of Contractor and its agents, officers or employees, in performing
the work or services herein, and all expenses of investigating and
defending against same; provided, however, that Contractor's duty
to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful
misconduct of the District, its agents, officers or employees.
11
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9. Insurance. The Port Director may require Contractor to
secure and maintain liability insurance naming the San Diego
Unified Port District as an additional insured. Such insurance
shall be secured from an insurance company acceptable to the
District and in an amount as may be required by the Port Director.
organization shall deliver to the District a certificate evidencing
such insurance which shall provide Thirty (30) days notice to be
given to District in the event of a cancellation.
10. Assignment. Organization shall not assign this agreement
or any right or interest hereunder without prior written consent of
District. An assignment by operation of law shall automatically
terminate this agreement.
11. Interest of organization. Organization, officers and
members covenant that they presently have no interest and shall not
acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required to
be performed under this agreement. Organization further covenants
that in the performance of this agreement no person having any such
interest shall be employed.
12. Activities Prohibited. Organization agrees to the
following prohibitions:
a. Organization shall not use directly or
indirectly any of the funds received from the District
under this agreement for the following purposes:
( 1) To purchase awards, trophies,
prizes, gifts, uniforms or equipment.
12
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( 2) To support capital drives or buildup
reserves.
( 3) For any political or religious
activities whatever.
b. Organization shall adopt and follow a policy
prohibiting endorsement of commercial products or
services for purposes of advertisement.
13. Equal Opportunity and Non-Discrimination. Contractor
hereby agrees to comply with Title VII of the Civil Rights Act of
1964, as amended, the California Fair Employment and Housing Act,
and any other applicable Federal and State laws and regulations
hereinafter enacted prohibiting discrimination, including without
limitation laws prohibiting discrimination because of race, color,
national origin, religion, age, sex or handicap.
14. Withholding of Funds and Termination. The District may
withhold funds from the contracting Organization and terminate its
entire obligation upon notice to the Organization if the
Organization violates any of the terms of the agreement, or for
other good cause shown not related to a violation of the terms of
the agreement. The Port Director shall thereafter advise the Board
of the notification of termination made to the Organization.
13
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~
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-""""'---
OlY OF
CHULA VISTA
OFFICE OF THE CITY MANAGER
EXHIBIT A
WINTER FEST AND LIGHT UP THE HARBOR
December 10, 1994
The Cit~' of Chula Vista shall prodt.:ce the SmJ~h San Diego Bay'~ ~ o+.h ann~a: VJ¡nterfest
and Light up the Harbor Festival on December 10, 1994, at Chula Vista Harbor. The City
will provide the overall administration and coordination of the event. The event shall
include family-oriented activities with free ship tours including the tall ship "Californian,"
children's activities, and seasonal entertainment. The visiting tall ships and others boats
in the Port District's two marinas (Chula Vista Marina and California Yacht Marina) will
participate in "Light Up the Harbor," a stationary parade featuring decorated boats. The
City shall provide all the required equipment and services for the event, which includes,
but is not limited to, the following:
A. Overall event coordination
8. Police services required for traffic and crowd control
C. Fire services required including EMT support
D. Free tours on tall ship "Californian" (under contract with City for public events/tours)
and on other participating ships
E. Parks and Recreation staff services
F. Public information serv¡~es including publicity development
City shall provide extensive promotions and media exposure for the event, identifying the
San Diego Unified Port District as a co-sponsor of the event. Publicity shall include, but
not be limited to, the following:
A. Writing and mailing/faxing of press releases and photographs
B. Direct contact with local and regional media including newspapers, radio and TV
stations
C. Production and purchase of advertising
D. Printing and distributing event flyers
E. Invitation to Port Commissioners to introduce event entertainment and judge boats
participating in "Light Up the Harbor"
F. Inclusion of Port District displays or booths and vessels (Le. Harbor Police) for
tours/displays and "Light Up the Harbor"
G. Feature in "Chula Vista Quarterly" newsletter, mailed to 53,000 households and
businesses
H. Features in special audience publications such as Chamber of Commerce newsletter
I. Announcements on 1610-AM Traveler's Information Radio station
I~' 7'¡'
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(619) 691-5031
AGREEMENT
This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT,
a public corporation, herein called "District" and the CHULA VISTA
HARBOR DAYS COMMITTEE, a non-profit corporation, herein called
"Contractor."
RECITALS
1. Contractor has a Program known as the Chula Vista Harbor
Days Tall Ship Festival.
2. The Program to be accomplished by Contractor contributes
to a balance of District navigational, commercial, fisheries,
recreational and promotional programs designed to enhance the well-
being of San Diego Bay tidelands.
3. The Program to be accomplished by Contractor is of such
nature that the interests of District are better served by an
agreement with Contractor than by the performance of such a program
by District.
THE PARTIES AGREE:
In consideration of the recitals and the mutual obligations of
the parties as herein expressed, District and Contractor agree as
follows:
1. Program: Contractor shall conduct those program
activities budgeted and contained in Exhibit A, attached hereto and
incorporated herein by reference as a part of this agreement. Each
specific program activity shall be subject to prior approval of the
District.
1
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2. Contract Administrator: The Public Affairs Department of
the District is designated as the Contract Administrator of this
agreement and shall receive and process all reports and requests
for paYment. All correspondence shall be sent to the following
address:
Mr. Dan E. Wilkens
Deputy Port Director, Public Affairs
San Diego Unified Port District
Post Office Box 488
San Diego, CA 92112
3. Term of Agreement: The term of this agreement shall be
from July 1, 1994, through June 30, 1995. It is acknowledged that
the Harbor Days Tall Ship Festival specified herein is a singular
and one time event on September 17, 1994.
4. General Terms and Conditions: The General Terms and
Conditions attached hereto are incorporated by reference as though
fully set forth herein and by this reference are made part of this
agreement.
5. Payment: District shall pay Contractor a sum not to
exceed Thirty Thousand Dollars ($30,000) to be used to perform the
Program activities shown in Exhibit A, subject to obtaining prior
approval from the District as provided in Section 1, above.
a. No paYment shall be made by District if any
report (see Sections 1, 5, 8 and 9) required by this and
previous agreements is not on file at the time payment is
due.
2
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b. Payment shall be solely for reimbursement of
expenses already paid by Contractor. Requests for
reimbursement shall be submitted no more often than
monthly and shall provide proof of both incurrence and
payment [See Section 5.c.(2)]. Expenses must be incurred
within the term of this agreement.
c. PaYments shall be made upon written request to
the Contract Administrator. Each request shall consist
of:
( 1) A completed "Request for Reimburse-
ment" form which shall be provided by the
Contract Administrator. Only expenditures for
program activities for which prior approval
from the District was obtained will be
reimbursed, provided, however, the Contract
Administrator may in exceptional circumstances
reimburse unforeseen expenses relating to the
funded objectives of the Contractor.
( 2) Proof that the expenses were both
incurred and paid. Proof of incurrence and
paYment is defined in General Terms and
Conditions attached hereto. Expenses must be
incurred within the term of this agreement.
d. Final requests for payment shall be submitted
within Sixty (60) days after the end of the term of this
3
I&,l/?
agreement.
e. PaYments shall not be made by District unless, and
until, Contractor has provided to Contract Administrator a
plan, acceptable to said Administrator, of appropriate public
recognition or credit for the financial assistance as
described herein.
f. No portion of District funds under this
agreement shall be used for the purchase of awards,
trophies, prizes, gifts, uniforms, capital outlay,
equipment or the buildup of reserves.
6. Excess Costs: District shall not be held accountable or
liable for any monetary losses incurred as a result of conducting
said program. It is agreed that District's monetary contribution
is limited to that stated herein and that District shall not be
responsible for cash costs or support services.
7. Limits of District Responsibility: It is expressly
understood and agreed that this agreement constitutes the entire
agreement between Contractor and District and supersedes all prior
negotiations. In no event shall Contractor be entitled to any
compensation, benefits, reimbursements or ancillary services other
than as expressly provided in this agreement. No modifications or
amendments of this agreement shall be valid unless duly authorized,
reduced to writing and signed by the parties hereto.
8. Reporting Requirements:
a. By September 30, 1994, Contractor shall submit
4
/~,5¿'1
a Performance Report which shall provide a quantitative
indicator of the extent to which the Program activities
contained in Exhibit A have been met for the immediately
preceding quarter and fiscal year to date. This report
form shall be provided by the Contract Administrator.
b. Quarterly reports shall be accompanied by copies
of publicity and advertising material evidencing credit
to the District for its financial support.
c. Contractor shall inform Contract Administrator
in writing upon the resignation, retirement or discharge
of its executive director or other managing agent, or a
majority change in the membership of the board of
directors.
9. Financial Disclosure: Within Ninety (90) days after the
end of Contractor's fiscal year, Contractor shall file with the
Contract Administrator duly certified copies of true, accurate and
complete documents evidencing Contractor's financial status as
follows:
a. A statement of the expenditure of District funds
by Program activities identified in Exhibit A and
compared with budgeted amounts.
b. A statement of compliance with the terms of the
District's agreement.
c. A statement of revenues and expenditures and a
balance sheet of all funds received by the Contractor.
5
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10. No Third Party Beneficiary: This agreement is made and
entered into for the benefit of the District and Contractor only,
and is not intended for the benefit of any third party or any other
person, and no such third party or any other person shall be a
third party beneficiary to this agreement or otherwise have the
right to enforce any provisions of this agreement.
11. Signatures Required: This agreement shall not be
complete nor effective until signed by either the Port Director or
Assistant Port Director on behalf of the District and by the other
party.
DATED
SAN DIEGO UNIFIED PORT DISTRICT
By
Port Director
CHULA VISTA HARBOR DAYS COMMITTEE
6
/ ¿I , ..s;,..
GENERAL TERMS AND CONDITIONS
These general terms and conditions are part of the terms and
conditions of the attached agreement between the SAN DIEGO UNIFIED
PORT DISTRICT, first party, and the Organization or Organizations
described in and signatory to the agreement.
1. Definitions:
a. "District" means the San Diego Unified Port
District, a public corporation.
b. "Port Director" means the duly appointed,
qualified and acting Port Director of District.
c. "Board" means the duly appointed, qualified and
acting Board of Port Commissioners of District.
d. "Organization" means the civic organization
completely directing and in complete control of its own
affairs through its own officers or member which is named
in the attached agreement and is signatory thereto.
Wherever used herein and when appropriate, "Organization"
shall be deemed to also mean "Contractor" or
"Corporation."
e. "Related Parties" or "Subcontractor" means an
individual or entity with whom the Organization contracts
in order to carry out the program described in the
attached agreement.
f. "Contract Administrator" means the duly
appointed, qualified and acting Contract Administrator as
designated by the Port Director.
7
I~" 53
g. "Revenue" means funds received by the
Organization from various sources. All major sources of
revenue must be listed separately. Minor revenue sources
can be listed separately or grouped.
h. "Expenditures" means funds disbursed by the
Organization for various expense categori~3. Where a
budget has been established, the expenditures should be
grouped and recorded in accordance with the budget. If
a budget has not been established, then expenditures
would be grouped according to specific expense
categories.
2. Proof of Incurrence and Payment. Requests for
reimbursement shall be accompanied by proof of both incurrence and
paYment.
a. Incurrence shall be proven by invoice, bill,
contract or other document acceptable to Contract
Administrator. All expenses must be incurred within the
term of the agreement between District and Organization.
Allowable exceptions shall be determined by Contract
Administrator.
b. PaYment shall be proven by indicating the check
number and date of check on submitted invoice, bill, etc.
Contract Administrator may require canceled check as
additional support.
c. Request for reimbursement of payroll expenses
shall be accompanied by: i) an independently prepared
8
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payroll register, or ii) an in-house payroll register and
canceled payroll checks. Requests for reimbursement of
Payroll Taxes shall be supported by dep~sitory receipts or
canceled checks used for paying the taxing authority.
d. . District will not reimburse cash advances (e. g.
travel expenses) or refundable deposits (e.g. telep:hone
installation, rental equipment).
3. Maintenance of Records. Organization shall keep, or
cause to be kept, true, accurate and complete records, including
double entry books, a profit and loss statement, and a balance
sheet, making it at all times possible to determine the nature and
amount of revenue and expenditures. Accounting for all revenues
and expenditures shall conform to generally accepted accounting
principles: A separate accounting of the expenditure of funds
received from the District shall be maintained in the accounting
records and financial reports. All of Organization's expenditures
and transactions shall be supported by documents of original entry
such as sales slips, cash register tapes, purchase invoices and
receipts. Documents supporting a profit and loss statement shall
be retained by Organization until an audit of Organization's
records is conducted by District, or until a period of Three (3)
years has elapsed, whichever occurs first. Organization shall also
maintain adequate output information according to the following
guidelines:
a. Information shall include quantitative
measurements of program effectiveness and/or output.
9
/~,~5"
b. Information shall be as directly related to
program funding requirements as practical.
4. Inspection and Audit of Records. All books, statements,
documents, records and financial data of Organization shall be made
available in the City of San Diego and be open at all times for
inspection and/or audit by District upon reasonable notice. The
District shall have the right to make copies or excerpts of
pertinent documents. Further, District has the option of
conducting an audit of all books, statements, documents, records
and financial data of the Organization's related parties and/or
subcontractors.
5. Financial Disclosure. Within Ninety (90) days after the
end of Contractor's fiscal year, Contractor shall file with the
Contract Administrator duly certified copies of true, accurate and
complete documents evidencing the financial status for Contractor's
immediately preceding fiscal year as follows:
a. A statement of the expenditure of District
funds by program to be identified in the same categories
as contained in the final budget and compared with
budgeted amounts.
b. A statement of compliance with the terms of
this contract with the District.
c. A statement of revenue and expenditures and a
balance sheet of all funds received by the Organization.
d. If District funding is Twenty Thousand Dollars
($20,000.00) or greater, audited financial statements,
10
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including that mentioned in a, b and c, above, must be
prepared by an independent Certified Public Accountant.
(If Contractor receives funding from Two (2) District
fiscal years during Contractor's fiscal year, Financial Disclosure
shall include separate data for each District fiscal year.)
6. Independent Contractor. Organization is and shall at all
times be and remain an independent contractor and not an agent or
employee of District.
7. Related Parties or Subcontractors. Services rendered to
Contractor through a subcontracted agreement shall be substantiated
by detailed invoice. Services rendered by a consultant shall be
substantiated by invoice and contract between Organization and
consultant. Contract Administrator shall determine whether
additional reporting or supporting documentation is necessary.
8. Hold Harmless. Contractor agrees to defend, indemnify,
protect and hold District and its agents, officers and employees
harmless from and against any claims, cause of action or damage or
injury to person or property, including injury to Contractor's
employees, agents or officers, which arise from or are connected
with or are caused or claimed to be caused by the acts or omissions
of Contractor and its agents, officers or employees, in performing
the work or services herein, and all expenses of investigating and
defending against same; provided, however, that Contractor's duty
to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful
misconduct of the District, its agents, officers or employees.
11
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9. Insurance. The Port Director may require Contractor to
secure and maintain liability insurance naming the San Diego
Unified Port District as an additional insured. Such insurance
shall be secured from an insurance company acceptable to the
District and in an amount as may be required by the Port Director.
Organization shall deliver to the District a certificate evidencing
such insurance which shall provide Thirty (30) days notice to be
given to District in the event of a cancellation.
10. Assignment. Organization shall not assign this agreement
or any right or interest hereunder without prior written consent of
District. An assignment by operation of law shall automatically
terminate this agreement.
11. Interest of Organization. Organization, officers and
members covenant that they presently have no interest and shall not
acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required to
be performed under this agreement. Organization further covenants
that in the performance of this agreement no person having any such
interest shall be employed.
12. Activities Prohibited. Organization agrees to the
following prohibitions:
a. Organization shall not use directly or
indirectly any of the funds received from the District
under this agreement for the following purposes:
( 1) To purchase awards, trophies,
prizes, gifts, uniforms or equipment.
12
/t?,fg'
( 2) To support capital drives or buildup
reserves.
( 3) For any political or religious
activities whatever.
b. Organization shall adopt and follow a policy
prohibiting endorsement of commercial products or
services for purposes of advertisement.
13. Equal Opportunity and Non-Discrimination. Contractor
hereby agrees to comply with Title VII of the Civil Rights Act of
1964, as amended, the California Fair EmploYment and Housing Act,
and any other applicable Federal and State laws and regulations
hereinafter enacted prohibiting discrimination, including without
limitation laws prohibiting discrimination because of race, color,
national origin, religion, age, sex or handicap.
14. Withholding of Funds and Termination. The District may
withhold funds from the contracting Organization and terminate its
entire obligation upon notice to the Organization if the
Organization violates any of the terms of the agreement, or for
other good cause shown not related to a violation of the terms of
the agreement. The Port Director shall thereafter advise the Board
of the notification of termination made to the Organization.
13
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CITY OF
CHULA VISTA
OFFICE OF THE CITY MANAGER
HARBOR DAYS AND TALL SHIP FESTIVAL
Exhibit A
The City of Chula Vista shall produce the Eighth Annual Chula Vista Harbor Days and
Tall Ship Festival on September 17, 1994, on the tidelands along Chula Vista Harbor and
in Bayside Park. The City will provide overall administration and coordination of the
event. The event shall include a full day of activities including free tall ship tours, four
stages of entertainment, children's activities, a classic car show, business showcase, food
éinu bevei age concession, crafts fair, and booths from a variety of community
organizations. City shall provide all required equipment and services for the event, which
includes, but is not limited to, the following:
A. Overall event coordination
B. Police services required for traffic and crowd control
C. Fire services required including EMT support
D. Free tours on tall ship "Californian" (under contract with City for public
eventsttours)
E. Parks and Recreation staff services including clean-up in park
F. Free shuttle bus service from parking areas to bayfront events
G. Public information services including development of publicity materials
City shall provide extensive promotions and media exposure for the event, identifying the
San Diego Unified Port District as a co-sponsor of the event. Publicity shall include, but
not be limited to, the following:
A. Writing and mailing/faxing of press releases and photographs
B. Direct contact with local and regional media including newspapers, radio and
TV stations
,.... P~""¡uct;"n ..........! -. '~"'h"'-~ 0" .....:..- r.:~i.. -
'-'. . :Vu .IV ariUrJUlw Ic..:>t,; I o.U"\:!d!;;)"¡~
D. Design, printing and distribution of event flyers
E. Design, printing and distribution of event programs
F. Inclusion of Port vessels (i.e. Harbor Police) as part of ship tours/displays, if
available
G. Invitation to Port commissioners to introduce event entertainment
H. Invitation to Port to have booth(s) which could include displays on recreational
activities on tidelands, efforts to clean up San Diego Bay, and/or trade and
cargo activities of Port
I. Features in special audience publications such as Chamber of Commerce
newsletter
J. Announcements on 1610-AM Traveler's Information Radio station
K. Design and placement of interior advertising on all Chula Vista Transit buses
I~--¿~
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(619) 691-5031
COUNCIL AGENDA STATEMENT
Item 1/
Meeting Date 09/13/94
ITEM TITLE: Resolution J7¿,5j Accepting Donation, and Appropriating
Funds to CIP Project PR-194 - Norman Park Game Facility.
SUBMITTED BY: Director of Parks and RecreatiØ /"' Jt/
REVIEWED BY: City Manager (Pl":~¡, (4/5ths Vote: YesXNo_)
.ff The Parks and Recreation Department has recently received a $6,250 donation from the Chula Vista
Senior Citizen's Club at Norman Park Senior Center. The donation is designated for the Game Facility
Master Plan, as described in the approved FY 94/95 CIP.
RECOMMENDATION: That the City Council:
1. Accept a donation in the amount of $6,250 from the Chula Vista Senior Citizens Club for use
in the Norman Park Game Facility CIP project; and
2. Appropriate $6,250 in said donated funds to 408-4080-PR-194 (Norman Park Game Facility).
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSS~ON: The Norman Park Senior Center remodel was completed in 1992 to accommodate
the changing needs of Chula Vista Senior citizens. During the planning stages, a game room was
considered, but not approved, because the equipment desired (pool tables, etc.) remains stationary and
would not fit into the flexible multi-use requirements of a senior program.
Game room activities, while not compatible with the multi-use requirement of the new building, were
nevertheless considered a valuable program option. Subsequently, the Board of Directors of the Chula
Vista Senior Citizens Club began exploring the alternatives. One alternative was to enclose two of the
eight shuffleboard courts leaving six courts for shuffleboard play. Enclosing the two courts for a game
room had overwhelming support from the two thousand members of the Chula Vista Senior Citizens
Club. In April 1993, the Board of Directors and the General Membership voted to support this project
financially.
The City Council approved a new CIP project for FY 94/95 for a Norman Park Game Facility Master
Plan. To show their support for this project, the Chula Vista Senior Citizens Club is donating 25%
($6,250) of the $25,000 approved for this CIP.
FISCAL IMPACT: Donated funds will be used for CIP Master Plan expense for the Norman Park
Game Facility. .
shdonate.084
IJ-I
RESOLUTION NO. I~¿~J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING DONATION AND
APPROPRIATING FUNDS TO CIP PROJECT PR-194 -
NORMAN PARK GAME FACILITY
WHEREAS, the Parks and Recreation Department has recently
received a $6,250 donation from the Chula Vista Senior citizen's
Club at Norman Park Senior Center; and
WHEREAS, the donation is designated for the Game Facility
Master Plan, as described in the approved FY 94/95 CIP; and
WHEREAS, to show their support for the project, the Chula
vista Senior Citizens Club is donated 25% ($6,250) of the $25,000
approved for this CIP.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept the $6,250 donation from the
Chula Vista Senior Citizen Club for the Norman Park Game Facility.
BE IT FURTHER RESOLVED that the sum of $6,250 is hereby
appropriated to Account 408-4080-PR-194 (Norman Park Game
Facility).
Presented by by
Jess Valenzuela, Director of Bruce M.
Parks and Recreation Attorney,
C:\rs\NPgaming
II-~
COUNOL AGENDA STAlEMENT Item \ I.).
,
Meeting Date 09/13/94
ITEM 'IlTI;Æ: Resolution J 7 ¿S ~encling and amending the Service Provider Agreement
between the City and the YMCA; and extending the Service Provider Agreement
between the City and the Boys and Girls Club, to provide youth programming
services for FY 94/95
SUBMr11ID BY: Director of Parks and RecreatiØt'J eft! ~
REVIEWED BY: GI¿,
City Manager Æ/3& (4/5ths Vote: Yes - No~)
When the City Council adopted the FY 94/95 budget, it included provisions to fund the Youth ACTION
Program at a level of $75,820 through the General Fund. Of this total, $19,010 is designated for the
Junior High Outreach component, coordinated by the YMCA of San Diego County South Bay Branch,
and $14,287 is designated for the Late Night component, coordinated by the Boys & Girls Club of Chula
Vista. The remaining funds are utilized by the Department to administer the High School Happenings
Program, special events, and transportation.
The original Service Provider Agreements approved by the City Council on September 14, 1993 with the
South Bay Family YMCA and the Boys & Girls Club of Chula Vista were for a 12-month period
beginning in September 15, 1993 and ending in September 14, 1994.
REa)MMENDAlION: That the City Council adopt the resolution:
1. Extending the original Service Provider Agreement between the City and the YMCA of San Diego
County South Bay Branch, for October through June in FY 94/95, in the amount of $19,010 for
the provision of Junior High Outreach programming; and
2. Extending the original Service Provider Agreement between the City and the Boys & Girls Club
ofChula Vista for October through June in FY 94/95, in the amount of $14,287 for the provision
of Late Night Teen Recreation programming; and
3. Amending the contract with the YMCA to provide for youth programming services at Chula Vista
Mìddle School; and
4. Authorizing the Director of Parks and Recreation to sign Service Provider Agreements and
extensions.
BOARDS/ffiMMlSSIONS REa)MMENDATION: N/A.
DISŒJSSION: During the past year, the Junior High Outreach and Late Night program components have
continued to grow. By the end of the 1993-94 school year, the South Bay Family YMCA's PRYDE
Program (which is the foundation for the Junior High Outreach component) had almost 80 regular
participants. attending the four middle/junior high school sites (Hilltop, Castle Park, Bonita Vista, and
Chula Vista). Although this after-school program reduced the number of sites to two during the summer,
interest and participation levels in the program have continued. It is anticipated that the addition of the
Learn and Serve America grant (in the amount of $36,883) recently awarded to the Parks and Recreation
Department to build a service learning/community service component into the basic PRYDE program will
attract more youth to this after-school program.
[EXTENY AP.A13] 1 IJ. -I
Item I ~
Meeting Date 09/13/94
The Boys & Girls Club's Late Night Teen program continues to draw an average of 500 youth each week
to the late night activities at its Oleander Branch and the "L" Street Branch/Community Youth Center.
In addition,. the Midnight Basketball Program, that was instituted this spring, drew more than 60 players
between the ages of 16 and 20. Volunteers ITom the Police Activities League (pAL) were instrumental
in the program's success by providing coaches, referees, etc. In late May, the Club was invited to send
a team to a state tournament hosted by the Oceanside Boys & Girls Club; and the team ITom Chula Vista
competed well enough against the other eleven teams to win the tournament.
Funds will be disbursed on a monthly basis through a City purchase order upon receipt ITom the agencies
of such submittals including, but not limited to, employee timesheets, expenditure receipts, and monthly
service and fInancial reports. In addition, agencies will be expected to participate in a qualitative
assessment of the Youth ACTION Program. This qualitative assessment will include distribution of
questionnaires to program participants, staff, and teachers at least once during the 10-month period covered
by the Service Provider Agreement extensions.
Future Contract Extension Provisions
It is anticipated that the City will continue to view youth services as a priority area for City involvement
and fInancial support for at least the next five years. In order to expedite the Agreement extension
process, the Department recommends that the City Council authorize the Director of Parks and Recreation
to approve and sign any extensions to the existing Agreements, solely dependent on continued annual
Council approval of budget funds for this program.
The amended Service Provider Agreements state that the Agreements may be extended for five (5)
successive one-year terms by the signature of the Director of Parks and Recreation and Agency Director
before the next extension begins on July 1 of that year. Extensions will expire on June 30 in the year
2000, at which time the program and the respective Agreements are to be evaluated by the Parks and
Recreation Department, the YMCA of San Diego County South Bay Branch, and the Boys & Girls Club
of Chula Vista.
A mid-year report on program activities will be submitted to the City Council in January/February 1995.
FISCAL IMPACT: No new funding is required at this time to continue implementing the Junior High
Outreach and Late Night Teen Recreation program components of the Youth ACTION Program. In the
FY 94/95 budget, $19,010 and $14,287 was appropriated for the Junior High Outreach and Late Night
Teen program components, respectively. This recommendation is to approve extending the current Service
Provider Agreements with both the YMCA of San Diego County South Bay Branch (and to amend the
agreement with the YMCA) and the Boys & Girls Club of Chula Vista for the remainder of FY 94/95.
Attachments: A. Youth After-school Recreation Service Provider Agreement - YMCA of
San Diego County South Bay Branch
B. Late Night Recreation Service Provider Agreement - Boys & Girls Club
of Chula Vista
C. Summary of Spring 1994 Junior High Outreach and Late Night Teen
Recreation Participant Survey Results
[EXTENY AP.A13] 2 /~,~
RESOLUTION NO. 17¿5.J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXTENDING AND AMENDING THE SERVICE
PROVIDER AGREEMENT BETWEEN THE CITY AND THE
YMCA; AND EXTENDING THE SERVICE PROVIDER
AGREEMENT BETWEEN THE CITY AND THE BOYS AND
GIRLS CLUB, TO PROVIDE YOUTH PROGRAMMING
SERVICES FOR FY 94/95
WHEREAS, when the City Council adopted the FY 94/95
budget, it included provisions to fund the Youth ACTION Program at
a level of $75,820 through the General Fund; and
WHEREAS, of this total, $19,010 is designated for the
Junior High Outreach component, coordinated by the YMCA of San
Diego County South Bay Branch, and $14,2867 is designated for the
Late Night component, coordinated by the Boys & Girls Club of Chula
Vista; and
WHEREAS, the remaining funds are utilized by the
Department to administer the High School Happenings Program,
special events, and transportation; and
WHEREAS, the original Service Provider Agreements
approved by the city Council on September 14, 1993 with the South
Bay Family YMCA and the Boys & Girls Club of Chula Vista were for
a 12-month period beginning in September 15, 1993 and ending in
September 14, 1994.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula Vista does hereby extend the original Service
Provider Agreement between the City and the YMCA of San Diego
County South Bay Branch, for October through June in FY 94/95, in
the amount of $19,OlO for the provision of Junior High Outreach
programming.
BE IT FURTHER RESOLVED that the City Council does hereby
extend the original Service Provider Agreement between the City and
the Boys & Girls Club of Chula Vista for October through June in FY
94/95, in the amount of $14,287 for the provision of Late Night
Teen Recreation programming.
BE IT FURTHER RESOLVED that the City Council does hereby
amend the contract with the YMCA to provide for youth programming
serving at Chula Vista Middle School.
BE IT FURTHER RESOLVED that the Director Parks and
Recreation is hereby authorized to sign Service provi Agreements
and extensions.
Presented by ov1a
Jess Valenzuela, Director of ~ 3)' Bruce M.
Parks and Recreation ~ ' Attorney
/:1 - q
ATTACHMENT A-I
YOUTH AFTER SCHOOL RECREATION
SERVICE PROVIDER AGREEMENT EXTENSION
THIS AGREEMENT is made and entered into as of the latest date appearing opposite the signatures of the
respective parties hereto, by and between YMCA of San Diego County South Bay Branch, a nonprofit
Public Benefit Corporation (hereinafter referred to as "Agency") and the City of CHULA VISTA, a
municipal corporation (hereinafter referred to as "City"), concerning the provision of recreation
programming for residents of the City ofChula Vista.
NOW, THEREFORE, it is agreed by and between Agency and City as follows:
1. Agency will provide ("Agency's Program") ten (l0) hours per week, of after-school hours recreation
programming for a 39 week session during the school year; and twenty (20) hours per week for the 13 weeks
of non-school session, and ten (10) hours of staffing for Special Event programs (an event which departs
from the routine, and is considered a program highlight), during the time period of the Agreement, under the
terms and conditions of Agency's Proposal, attached hereto and incorporated herein as Exhibit "A". The
provisions of the Agreement shall control over any inconsistencies or ambiguities in Agency's Proposal.
2. Agency shall conduct Agency's Program, at Bonita, Castle Park, Chula Vista, and Hilltop Middle Schools,
except that they will be relieved from performance if they try, in good faith and with best efforts to get an
agreement for facility use with Sweetwater Union High School District, but are unable to do so.
3. It is agreed that the City will provide $5,860 ("Funds") to offset cost for staffing and supplies for each
of the four sites for the period of this Agreement. Funds shall be disbursed monthly through a City
purchase order on receipt from Agency of such submittals (" Submittals") as may be reasonably required
by City, including, but not limited to, time sheets, expenditure receipts, and such forms as may be required
by the Director of Parks and Recreation. It is the expectation of the parties that the Funds are intended only
to cover staffing and non-personnel expense such as recreation and office supplies, printing and mileage.
The total non-personnel expense funds budgeted may be expended during the first month of the Agreement,
if necessary, and approved in advance by the City.
The Funds shall not be used to pay for staff in excess of 660 hours, per site, cumulatively, of programming.
Staff 660 hours $5110
The maximum non-personnel allocation is $750, per site, and may include office supplies, recreation
supplies, printing, duplicating, mileage and any other appropriate expenses.
Non-Personnel Expense: $ 750
1
J:¿ ,.;;
ATTACHMENT A-2
4. CONSIDERATION - It is agreed that the Agency will absorb other necessary expenses for required
services in connection with the Agency Program as their portion of the Agreement.
5. TERM - The term of this agreement shall be for a period of 10 months commencing on
September 1, 1994, and terminating June 30, 1995. This agreement may be terminated by either
party upon thirty (30) days written notice. The agreement may be terminated if one party fails to
appropriate sufficient funds for the program as described in this agreement or any subsequent
agreement extensions.
Upon agreement of both parties, the term of this agreement may be extended for five (5) successive
one year terms by the signature of the Director of Parks and Recreation and Agency Director before
the next extension begins on July I. Extensions will expire on June 30 in the year 2000, at which
time the program and the agreement are to be evaluated by both parties.
6. NOTICE - Any notice required or permitted pursuant to this Agreement, shall be given by personal
service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to the parties as follows:
Agency: Richard Collato, President/CEO
YMCA of San Diego County South Bay Branch
4715 Viewridge Avenue, Suite 100
San Diego, CA 92123
City: Director of Parks and Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
7. COMMUNICATION - It is agreed that Agency will report monthly, before each disbursement is to be
made, on financial expenditures, programs offered, attendance, and a brief evaluation of activities on form
provided by City, as Exhibit "B", as may from time to time be amended by the City.
It is agreed that Agency will conduct surveys with the student participants, school staff, and recreation staff
utilizing form provided by City, as Exhibit "C". Data obtained from surveys should be included in the final
report.
It is agreed that Agency will participate in the montly Youth Coalition Meetings.
It is agreed that, by July 15, 1995, Agency will submit a year-end report summarizing the entire program
including the survey data, together with a financial summary, to the City of Chula Vista.
2
/,2-1,
A-3
8. INDEMNIFICA nON AND INSURANCE - Throughout the term of the Agreement, at Agency's sole cost
and expense, Agency shall keep or cause to be kept in full force and effect, for the mutual benefit of City and
Agency, comprehensive, broad form, general commercial liability insurance against claims and liability for
personal injury, death, or property damage arising ITom Agency's operations, providing protection of at least
One Million Dollars ($1,000,000) combined single limit. All insurance required by this provision of this
Agreement shall be carried only in responsible insurance companies licensed to do business in the State of
California and rated A-5 or better in Best's Key Ratings, or the substantial equivalent satisfactory to the Risk
Manager of the City ofChula Vista. Agency agrees the City, its elected officials, officers and employees
shall be named additional insured on all such policies. All such policies shall contain language, to the extent
obtainable, to the effect that (1) the insurer waives the right of subrogation against City and City's agents
and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried
by City, and (3) they cannot be cancelled or materially changed except after thirty (30) days notice by the
insurer to the City. Agency shall furnish City with certificates and policy endorsements evidencing the
coverage outlined in this section.
Agency agrees that it will indemnify and hold City and its elected officials, officers, agents, and employees
free and harmless from all claims for damage to persons or property by reason of Agency's negligence or
intentional acts or those of Agency's officers, employees, agents or invites in connection with Agency's
provision of special event and recreation programming, to the maximum extent allowed by law.
9. PERMITS/CHARGES - Agency shall, at its sole cost and expense, obtain any and all other governmental
permits, approvals or concurrences required. Further, Agency agrees that it shall promptly pay all charges
required from private persons or corporations for which it is responsible, including, but not limited to food,
beverage and services and supply purchases, relating to providing a Middle School after-school recreation
program, and to protect and hold City harmless from any failure to make any such payment.
10. TRANSFER OR ASSIGNMENT - Agency shall not assign or transfer this permit, or any interest therein,
nor shall this Agreement be subject to transfer or assignment by any court in any proceeding in which the
Agency is involved without the Director of Parks and Recreation's prior written approval of such assignment
or transfer.
3
/,:1.. '1
A-4
Now therefore, the parties hereto, having read and understood the terms and conditions of this
agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date
set forth adjacent thereto
Dated: September 7, 1994 City of Chula Vista
by:
Jess Valenzuela, Director of Parks and Recreation
Agency:
YMCA of San Diego County South Bay Branch
by:
its (title)
ATTACHMENTS: Exhibit "A" - Agency Proposal NOT SCANNED
Exhibit "B" - Monthly Reporting Document
Exhibit "C" - Survey Documents
Y APsign.094
4
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\V o;)UUUI gay rail"" ...,...""
50 Fourth Avenue
Chula Vista, CA 9'9'0 A-5
~ (619) 422-8354 FAX (619) 422-4412
.
Board of MIl'\lgement August 23, 1993
193-94
Pc.... .:imith, Chair
Vice Chairs: Mr. Jess Valenzuela, Director
T. Pal Cavanaugh City of Chula Vista Parks and Recreation Dept.
Sandy Murphy
Ken Baumgartner 276 Fourth A venue
Mike Pradels Chula Vista, CA 91910
Bruce Sloan,
Secretary-Treasurer
Larry Cunningham, Past Chair Dear Mr. V alenzuela:
Members:
Vince Acosla
Penny Allen The South Bay Family YMCA, Boys & Girls Club of Chula Vista and
Don Blind South Bay Community Services are submitting a collaborative proposal
Joanne Carson
J.R Chantengco for the Youth Action Program. Our proposal covers outreach at HiHtop,
Melvin Cowherd Castle Park and Bonita Junior High Schools~
Greg Cox
Chuck Day The junior high outreach component will involve setting up YMCA
Geri Dillingham
Rick Emerson PRYDE, a proven self-esteem building program, at all three sites. Each
Mike Finch
Belinda Fontes agency will handle a component of the program. YMCA Pryde is a
Doug Fuller youth outreach, substance abuse and gang prevention program which
Robert Garcia moves youth through four levels: PRYDE in self, family, community,
Kerth Gentry
Dr Libby Gil and the future. PRYDE strategies include peer counseling, social and
Cindy Grady recreational activities, multi-cultural events, community service
r '..rt Hildt
; Hunter projects, and family interaction. We will also establish youth advisory
Patricia Johnson committees at each site to help with the planning and implementation of
Dick Kau the program.
David Malcolm
Armando Martinez
Dan Mendez Our collaboration is requesting $17,580 to fund the Junior High
Dave Michelson
Ken Monson Outreach. Each site will be allocated $5,860 to be used as follows:
Peter Moore $5,110 for personnel expenses and $750 for equipment, supplies,
Dr. Elizabeth Robinson training and administration. The South Bay Family YMCA will serve as
Greg Sandoval
Ken Screeton the fiscal agent for this collaborative effort. The YMCA, Boys & Girls
Art Sellgren Clu band SBCS will provide in kind services from existing resources
John Shockley Jr., M.D. which will optimize the use of City funds to serve youth in our
Thomas Spindler
Ric WIlliams COmmUnI ty.
Brad Wdson
Tina WIlliams, Executive Director . .
Heritage Club Thank you for your conslderauon of our proposal.
Penny & David Anen
Chris & Sandy Chase Sincerely,
WIlliam Cheverton
Me! & Midge Cowherd ~W~
Patty Erickson
Doug & Barbara Fuller
Ron & Patti Johnson
Don Sim Tina Williams
"""\a WIlliams Executive Director
Mission Statement
-The South Bay Family YMCA is dedicated to improving the quality of human life and to helping all people
realize their fullest potential as children of God through development of the spirit. mind and body. -
/;.2-9
,
A-6
CHULA VISTA YOUTH ACTION PROGRAM
JUNIOR HIGH OUTREACH (SOUTH BAY FAMILY YMCA)
MONTHLY FINANCIAUACTIVITY REPORT
REPORT FOR MONTH OF:
FINANCIAL EXPENSES
Personnel
Non-Personnel
Total Expenses for Month
PROGRAM ACTIVITIES (ATTENDANCE)
Site Total for Month Ava. Daily Attendance
Bonita
Castle Park
Chula Vista
Hilltop
SPECIAL ACTIVITIES INCLUDING SPECIAL EVENTS FIELD TRIPS ETC.
Please list the special activities provided by the Program during the month, including level
of participation (e.g., attendance).
Please attach to this report a narrative summary of program activities, highlights, etc.
This infonnation will be used in quarterty reports to the Mayor and City Council.
MONTHRPT.YMC
1eJ. -' )d
CHULA VISTA YOUTH ACTION PROGRAM A-7
P ARTICIP ANT QUESTIONNAIRE
1. After-School Recreation Program Site
2. Grade
3. Age
4. How often do you come to the After-School Recreation Program? (check one)
- 1-2 days a week
- 3-4 days a week
- 5-6 days a week
- less than once a week
5. Before you started coming to the After-School Recreation Program, what did you usually do after
school? (check one)
- Stayed home with adult supervision
- Stayed home with no adult supervision
- Hung out with friends with some adult supervision
- Hung out with friends with no adult supervision
- Other (please specify)
6. What activity do you like best at the After-School Recreation Program?
7. How do you feel about the Recreation Leaders in the program?
Yes No Sometimes
a. They are helpful
b. They are caring
c. They are fun
d. They are easy to talk to
e. They are dependable
- over -
1:1.,/1
A-8
8. Since you have been in the After-School Recreation Program, do you like school better?
- A lot better
- Better
- Same as before
- Like it less
- Like it a lot less
9. Do you feel safe at the After-School Recreation Program?
- Yes
- No
- Sometimes (please list what makes you feel unsafe sometimes)
10. Do you feel safe in your neighborhood?
- Yes
- No
- Sometimes (please list what makes you feel unsafe sometimes)
11. What would you like to change to make the program better?
12. Additional comments:
PARTICIP.SVY
08/12¡93
/ø2 ., /.2.
A-9
CHULA VISTA YOUTH ACTION PROGRAM
RECREATION LEADER QUESTIONNAIRE
1. Name (Optional)
2. After-School Recreation Program Site
3. Position Title
4. Please rate the following areas of the After-School Recreation Program at your site:
Excellent Good Adequate Fair Poor
a. sports activities
b. arts & crafts activities
c. special clubs
d. special events
e. homework assistance
f. library program
g. other (please list)
5. Please rate the quality of the work environment at your site:
Excellent Good Adequate Fair Poor
a. staff relations
b. physical surroundings
c. availability of materials and
supplies
d. safety of environment
e. support from school staff
f. support from parents
g. support from agency an<Vor
Parks and Recreation
administration
- over -
/.2 -/3
A-IO
6. In what ways have parents been involved in the program?
7. In recruiting children to the program, what strategies were used to reach children most in need of
the services offered?
8. What do you feel would make recruitment to the program more efficient?
9. Please describe any aspects of the Youth ACTION Program (overall) that you would like to see
improved.
10. Additional comments:
RECLDER.SVY
08/] 2,/93 /2'1'/
A-ll
CHULA VISTA YOUTH ACTION PROGRAM
SCHOOL STAFF (TEACHER) QUESTIONNAIRE
1. School
2. Grade Level
3. Please rate the After-School Recreation Program in the following areas:
Excellent Good Adequate Fair Poor
a. recreational activities offered
b. library program
c. homework assistance
d. safety awareness of leaders
e. attitudes of leaders toward
youth
f. motivation of leaders
g. cooperation of leaders
h. communication with parents
and teachers
4. Compared to the rest of your class, the students involved in the After-School Recreation Program
are:
MUCH MUCH
WORSE WORSE SAME BETTER BETTER IN THEIR...
a. ability to get along with others
b. grades on school work
c. attitude towards school
d. attendance
e. attentiveness in class
f. self-esteem
g. communication skills
h. overall disposition
- over -
j.J. ,/5'
A-12
5. What do you feel the program has accomplished so far for:
Students
Parents
Teachers
6. What would you like to see the program accomplish in the future?
7. Please list any problems or concerns you have regarding the program.
8. Please list any activities or programs you would like to see added to the present After-School
Recreation Program.
9. Are there youth whom you believe would benefit from the program, but do not currently attend?
If "yes", please list. We will do our best to contact these youth and get them involved in the
program.
10. Additional Comments:
TEACHER.SVY
08/12/93 /.2 "/(,
ATTACHMENT B-1
LATE NIGHT TEEN RECREATION
SERVICE PROVIDER AGREEMENT EXTENSION
THIS AGREEMENT is made and entered into as ofthe latest date appearing opposite the signatures
of the respective parties hereto, by and between Boys & Girls Club of Chula Vista, a nonprofit
Corporation (hereinafter referred to as "Agency") and the City of CHULA VISTA, a municipal
corporation (hereinafter referred to as "City"), concerning the provision of recreation programming
for residents of the City of Chula Vista.
NOW, THEREFORE, it is agreed by and between Agency and City as follows:
1. Agency will provide ("Agency's Program") at the "L" Street or the Oleander Branch of the Boys
& Girls Club ofChula Vista for a minimum often hours for two evenings a week of Late Night Teen
programming. Agency to offer program one weekend evening and one other evening during the
week based on recommendations from Youth Advisory Committee. Special Event programs (an
event which departs from the routine, and is considered a program highlight), could occur and be
expanded to other areas of city such as Oleander Boys & Girls Club site during the time period of
the Agreement, under the terms and conditions of Agency's Proposal, attached hereto and
incorporated herein as Exhibit A. The provisions of this Agreement shall control over any
inconsistencies or ambiguities in Agency's Proposal.
2. It is agreed that the City will provide $14,288 ("Funds") to offset cost for staffing and supplies
for the period of this Agreement. Funds shall be disbursed monthly through a City purchase order
on receipt from Agency of such submittals ("submittals") as may be reasonably required by City,
including, but not limited to, time sheets, expenditure receipts, and such forms as may be required
by the Director of Parks and Recreation. It is the expectation of the parties that the Funds are
intended only to cover the following minimal staffing pattern and non-personnel expense such as
recreation and office supplies, printing and mileage. The total non-personnel expense funds
budgeted may be expended during the first month of the Agreement, if necessary, and approved in
advance by the City.
The Funds shall not be used to pay for staff in excess of 1600 hours, cumulatively, of programming.
Staff 1600 hours $13,553
The maxi~um non-personnel allocation is $735 and may include office supplies, recreation supplies,
printing, duplicating, mileage and any other appropriate expenses.
Non-Personnel Expense: $ 735
1
/;1-1/
B-2
3. CONSIDERATION - It is agreed that the Agency will absorb other necessary expenses for
required services in connection with the Agency Program as their portion of the Agreement.
4. TERM - The term of this agreement shall be for a period of 10 months commencing on
September 1,1994, and terminating June 30, 1995. This agreement may be terminated by either
party upon thirty (30) days written notice. The agreement may be terminated if one party fails to
appropriate sufficient funds for the program as described in this agreement or any subsequent
agreement extensions.
Upon agreement of both parties, the term of this agreement may be extended for five (5) successive
one year terms by the signature of the Director of Parks and Recreation and Agency Director before
the next extension begins on July 1. Extensions will expire on June 30 in the year 2000, at which
time the P!ogram and the agreement are to be evaluated by both parties.
5. NOTICE - Any notice required or permitted pursuant to this Agreement, shall be given by
personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to the
parties as follows:
Agency: W. Scott Mosher, Executive Director
Boys & Girls Club of Chula Vista
1301 Oleander Avenue
Chula Vista, CA 91911
City: Director of Parks and Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
6. COMMUNICATION - It is agreed that Agency will report monthly, before each disbursement
is to be made, on financial expenditures, programs offered, attendance, and a brief evaluation of
activities on form provided by City, as Exhibit "B", as may from time to time be amended by the
City.
It is agreed that Agency will conduct surveys with the student participants, school staff, and
recreation staff utilizing form provided by City, as Exhibit "C". Data obtained from surveys should
be included in the final report.
It is agreed that Agency will participate in the monthly Youth Coalition Meetings.
It is agreed that, by July 15, 1995, Agency will submit a year-end report summarizing the entire
program including the survey data, together with a financial summary, to the City ofChula Vista.
2
I-'.-¡Y'
B-3
7. INDEMNIFICATION AND INSURANCE - Throughout the term of the Agreement, at Agency's
sole cost and expense, Agency shall keep or cause to be kept in full force and effect, for the mutual
benefit of City and Agency, comprehensive, broad form, general commercial liability insurance
against claims and liability for personal injury, death, or property damage arising from Agency's
operations, providing protection of at least One Million Dollars ($1,000,000) combined single limit.
All insuraç.ce required by this provision of this Agreement shall be carried only in responsible
insurance companies licensed to do business in the State of California and rated A-5 or better in
Best's Key Ratings, or the substantial equivalent satisfactory to the Risk Manager. Agency agrees
the City, its elected officials, officers and employees shall be named additional insured on all such
policies. All such policies shall contain language, to the extent obtainable, to the effect that (1) the
insurer waives the right of subrogation against City and City's agents and representatives, (2) the
policies are primary and noncontributing with any insurance that may be carried by City, and (3)
they cannot be cancelled or materially changed except after thirty (30) days notice by the insurer
to the City. Agency shall furnish City with certificates and policy endorsements evidencing the
coverage outlined in this section.
Agency agrees that it will indemnify and hold City and its elected officials, officers, agents, and
employees free and harmless from all claims for damage to persons or property by reason of
Agency's negligence or intentional acts or those of Agency's officers, employees, agents or invites
in connection with Agency's provision of Agency's Program, including either the Special Events or
the ongoing recreation programming, to the maximum extent allowed by law.
8. PERMITS/CHARGES - Agency shall, at its sole cost and expense, obtain any and all other
governmental permits, approvals or concurrences required. Further, Agency agrees that it shall
promptly pay all charges required from private persons or corporations for which it is responsible,
including, but not limited to food, beverage and services and supply purchases, relating to providing
Late Night after-school recreation programming, and to protect and hold City harmless from any
failure to make any such payment.
9. TRANSFER OR ASSIGNMENT - Agency shall not assign or transfer this permit, or any interest
therein, not shall this Agreement be subject to transfer or assignment by any court in any proceeding
in which the Agency is involved without the Director of Parks and Recreation's prior written
approval of such assignment or transfer.
3
I~ .It:¡
8-4
Now therefore, the parties hereto, having read and understood the terms and conditions of this
agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date
set forth adjacent thereto
Dated: September 7, 1994 City ofChula Vista
by:
Jess Valenzuela, Director of Parks and Recreation
Agency:
Boys & Girls Club of Chula Vista
by:
its (title)
ATTACHMENTS: Exhibit "A" - Agency Proposal NOT SCANN.t.ù
Exhibit "B" - Monthly Reporting Document
Exhibit "C" - Survey Documents
Y APSign2.094
/ ~ ':J..tJ /;;( - J?8
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~ ~ BOYS & GIRLS CLUB
8-5
OF CHULA VISTA
AdmlnlalraUve Oftlce
1301 Oleander Ave.
Chute Vitia. CA 91911 August 23, 1993
(619) 42'~"
(&19) ~-e738 FAX
BRANCH LOCATIONS:
1301 Oleander Ave Mr. Jess Valenzuela, Director
Cnula Vista. CA "'9'1 Chula vista Parks and Recreation Department
(619) 42'~" 276 Fourth Avenue
465 "L- Street Chula vista, CA 91910
Chula Vista, CA 91911
(619) 420-1222 Pear Jess:
Per your request, this letter serves as a revision to
Board of Director. our proposal to provide the Late Night Teen Program.
Sue Welsh
Pro$toont The Boys & Girls Club ofChula vista is requesting
George Krømpl $14,288 to provide the Late Night Teen Program. The
VIoe President of Club will serve as the Contracting Agency as well as
Flnanca the Fiscal Agent. The money requested will be used for
Paul Kapler personnel and employee related expenses. We will be
Vice President of working in collaboration with South Bay Community Ser-
AOmlntSlrallon vices to provide late night teen activities within the
, I Barros scope of the contract. We will be working coopera-
Vtçe President 01 tively to plan, promote, set-up, and supervise the pro-
Operations gram. We will also be working cooperatively to facili-
Catherine Jam:$on tate the Youth Advisory Committee. Approximately 50%
Secretary! of the funds received will be allocated to South Bay
TreaSlJrer Community Services to share in personnel expenses.
Aober1 F>. Fnx The Boys & Girls Club will be finalizing the details of
Past Preslåonl
this collaborative effort with South Bay community Ser-
Pðl'¡¡,;jli AlJltf~ vices. Both agencies will work closely with the Youth
Harold Coleman Jr.
Joseph M Conte Advisory committee to determine the actual activity
Xem8 Ja:obson ~t:l1t~ùule.
Royce Jensen
Cinå8 Jon@/i ~lease note that the Boys & Girls Club is withdrawing
Janay Kruger
I. JUbtf~h MaU!da QUI: H!quest. to provide afterschool services to Hilltop
BenJamin Rich¡Hd.:¡on Middle School as we will be part of the collaborative
Mary P. Slovinsky proposal submitted by the South Bay Family YMCA.
W. Scoll Mosher Thank you very much for this opportunity. Should you
EIC8cutlvØ Dtrector need any further information, please let me know.
Sincerely,
-,~
'rls w. Scott Mosher .
IIIC. . Executive Director
A member org¡,},1IlaIl0f1 of
(;WIS Incorporated UM;8d W8U I CHAD
~ ¡.z-.2/ II IIIIt\9I 0III1ftt.. I" "1,,1 \/I'
CHULA VISTA YOUTH ACTION PROGRAM B-6
LATE NIGHT TEEN PROGRAM (BOYS & GIRLS CLUB OF CHULA VISTA)
MONTHLY FINANCIAUACTIVITY REPORT
REPORT FOR MONTH OF:
FINANCIAL EXPENSES
Personnel
Non-Personnel
Total Expenses for Month
PROGRAM ACTIVITIES (ATTENDANCE)
Site Total for Month Ava. Daily Attendance
"L" Street Branch
Oleander Branch
SPECIAL ACTIVITIES (INCLUDING SPECIAL EVENTS. FIELD TRIPS. ETC.)
Please list the special activities provided by the Program during the month, including level
of participation (e.g., attendance).
Please attach to this report a narrative summary of program activities, highlights, etc.
This infonnation will be used in quarterly reports to the Mayor and City Council.
MONTHRPT.CLB / ~ -~.2.
CHULA VISTA YOUTH ACTION PROGRAM B-7
P ARTICIP ANT QUESTIONNAIRE
1. Late Night Recreation Program Site
2. Grade
3. Age
4. How often do you come to the Late Night Recreation Program? (check one)
- 1-2 days a week
- 3-4 days a week
- 5-6 days a week
- less than once a week
5. Before you started coming to the Late Night Recreation Program, what did you usually do after
school? (check one)
- Stayed home with adult supervision
- Stayed home with no adult supervision
- Hung out with friends with some adult supervision
- Hung out with friends with no adult supervision
- Other (please specify)
6. What activity do you like best at the Late Night Recreation Program?
7. How do you feel about the Recreation Leaders in the program?
Yes No Sometimes
a. They are helpful
b. They are caring
c. They are fun
d. They are easy to talk to
e. They are dependable
- over -
/.2 .,.23
8-8
8. Since you have been in the Late Night Recreation Program, do you like school better?
- A lot better
- Better
- Same as before
- Like it less
- Like it a lot less
9. Do you feel safe at the Late Night Recreation Program?
- Yes
No
- Sometimes (please list what makes you feel unsafe sometimes)
10. Do you feel safe in your neighborhood?
- Yes
- No
- Sometimes (please list what makes you feel unsafe sometimes)
11. Wha t would you like to change to make the program better?
12. Additional comments:
LATEPART.SVY
08/] 2¡93 1'?2~
8-9
CHULA VISTA YOUTH ACTION PROGRAM
RECREA TION LEADER QUESTIONNAIRE
1. Name (Optional)
2. Late Night Recreation Program Site
3. Position Title
4. Please rate the following areas of the Late Night Recreation Program at your site:
Excellent Good Adequate Fair Poor
a. sports activities
b. arts & crafts activities
c. special clubs
d. special events
e. homework assistance
f. library program
g. other (please list)
5. Please rate the quality of the work environment at your site:
Excellent Good Adequate Fair Poor
a. staff relations
b. physical surroundings
c. availability of materials and
supplies
d. safety of environment
e. support from school staff
f. support from parents
g. support from agency ancVor
Parks and Recreation
administration
- over -
l.l ., .2f'
B-IO
6. In what ways have parents been involved in the program?
7. In recruiting children to the program, what strategies were used to reach children most in need of
the services offered?
8. What do you feel would make recruitment to the program more efficient?
9. Please describe any aspects of the Youth ACTION Program (overall) that you would like to see
improved.
10. Additional comments:
LATELDR.SVY
08/12193 I.). ".2~
B-11
CHULA VISTA YOUTH ACTION PROGRAM
SCHOOL STAFF (TEACHER) QUESTIONNAIRE
1. School
2. Grade Level
3. Please rate the Late Night Recreation Program in the following areas:
Excellent Good Adequate Fair Poor
a. recreational activities offered
b. library program
c. homework assistance
d. safety awareness of leaders
e. attitudes of leaders toward
youth
f. motivation of leaders
g. cooperation of leaders
h. communication with parents
and teachers
4. Compared to the rest of your class, the students involved in the Late Night Recreation Program are:
MUCH MUCH
WORSE WORSE SAME BETTER BETTER IN THEIR...
a. ability to get along with others
b. grades on school work
c. attitude towards school
d. attendance
e. attentiveness in class
f. self-esteem
g. communication skills
h. overall disposition
- over -
1.2-,}.?
8-12
5. What do you feel the program has accomplished so far for:
Students
Parents
Teachers
6. What would you like to see the program accomplish in the future?
7. Please list any problems or concerns you have regarding the program.
8. Please list any activities or programs you would like to see added to the present Late Night
Recreation Program.
9. Are there youth whom you believe would benefit from the program, but do not currently attend?
If "yes", please list. We will do our best to contact these youth and get them involved in the
program.
10. Additional Comments:
LA TETCHR.SVY
08/12/93 /.2 '-"'r
ATTACHMENT C - 1
CHULA VISTA YOUTH ACTION PROGRAM
SUMMARY OF SPRING 1994 PARTICIPANT SURVEYS
As part of the City's Service Provider Agreements with the South Bay Family YMCA (Junior High
Outreach component) and the Boys & Girls Club of Chula Vista (Late Night Teen Recreation
component), agencies were required to participate in a qualitative assessment of the program
component. This qualitative assessment was to be accomplished through the analysis of
responses to a questionnaire/survey by participants, program staff, and appropriate school
administrators and faculty.
A total of 31 participant surveys, 3 staff surveys, and 4 school staff/teacher surveys were
completed and returned for the Junior High Outreach program; 28 participant surveys were
completed and returned for the Late Night program.
The results of the spring assessment are not representative of the program components'
participants at the end of the first year of operation due to sample size, and for the Junior High
Outreach component, distribution of the survey during the first few months of the new program.
The results, however. do provide baseline information on the interests and needs of youth
participating in these program components.
A brief description of the results for each of the program components is provided below.
JUNIOR HIGH OUTREACH
A total of 31 surveys were completed and returned by program participants at the Bonita Vista,
Castle Park, Chula Vista, and Hilltop middle/junior high school sites. Respondents were in the
seventh and eighth grades, and were between the ages of 12 and 14 years. Highlights of the
responses include:
. 28 of the 31 respondents (90%) attended the program 3-4 days a week; 3 of the respondents
(10%) attended 1-2 days a week.
. 33% of the respondents reported that before participating in the program, they stayed home
with no adult supervision, and approximately 28% reported that they had hung out with friends
with no adult supervision.
. 19% of the respondents reported that they "liked school better" since starting the program.
. 100% of the respondents reported feeling safe at the afterschool program.
. 95% of the respondents reported feeling safe in their neighborhood; 5% reported feeling safe
some of the time.
Analysis of responses from program staff indicated a general satisfaction with the quality of the
work environment at the individual sites, and the activities offered (e.g., sports, arts and crafts,
special events, and homework assistance). Parents have been involved in the program as
volunteers, and by providing moral and verbal support for staff. Staff reported that recruitment
for the program would be more efficient if there was more school involvement, a personalized
room for the program, and a video that would show what goes on within the program. Areas for
1 /,:}, J.f:J
ATTACHMENT C - 2
improvement include more involvement and cooperation from all involved agencies, and more
money for snacks and supplies.
Responses from school staff at Bonita Vista, Castle Park, and Hilltop middle/junior high schools
also showed a general satisfaction with the program (e.g., recreational activities offered, safety
awareness of program staff, motivation and cooperation of program staff, and communication with
parents and teachers); 90-100% of the respondents rated the program in these areas "good" or
"excellent." Respondents also indicated that compared to the rest of their class, the students that
they were aware were involved in the programs were the same, worse, or much worse in their
ability to get along with others, grades, attitude towards school, attendance, attentiveness in class,
self-esteem, communication skills, and overall disposition. Respondents felt that the program
provides students with "direction, care and concern, leadership, and a safe/fun place," parents
with "alternatives, involvement, and knowledge of where their kids were after school," and
teachers with "supplemental assistance and cooperation."
LATE NIGHT TEEN PROGRAM
A total of 28 surveys were completed and returned by program participants. Respondents were
in the seventh through 10th grades, and were between the ages of 13 and 15 years. Highlights
of the responses include:
. 13 of the 28 respondents (46%) attended the program 1-2 days a week.
. 21% of the respondents reported that before participating in the program, they stayed home
with no adult supervision, and approximately 29% reported that they had hung out with friends
with no adult supervision.
. 29% of the respondents reported that they "liked school better" since starting the program;
79% reported. liking school "better" or "same as before."
. 89% of the respondents reported feeling safe at the late night program; 12% reported feeling
unsafe some of the time because of gang members.
. 89% of the respondents reported feeling safe in their neighborhood; 8% reported feeling
unsafe some of the time (because of gangs and gang members); 4% reported that they did
not feel safe.
SRVYRES,SPR
09102/94
2 /.J." 31/
COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 9/13/94
ITEM TITLE: Resolution ) -; /, ::r Ý Approving an agreement with the California
Department of Transportation for an interchange traffic signal improvement
at Interstate Route 805 and East Orange A venue and authorizing the Mayor
to execute said agreement
SUBMITTED BY: Director of Public W arks ~
REVIEWED BY: City Manager & t)\, (4/5ths Vote: Yes_No X)
The California Department of Transportation (CaITrans) has completed a project report for the
subject interchange traffic signal improvement. CalTrans is now prepared to enter into a cooperative
agreement with the City to share the cost for the design, construction, and maintenance of the
proposed signal project. The construction of the project is scheduled to commence in August of
1995. The project report is the basis for the cooperative agreement in determining work to be done,
design specifications, and construction and associated project costs.
RECOMMENDATION: That Council adopt the resolution and authorize the Mayor to execute said
agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On March 8, 1994, City Council approved Resolution 17407 expressing intention and willingness
to share equally the cost for the East Orange Avenue and I-80S interchange signals improvement
(copy of the Resolution and Council meeting minutes attached). CalTrans has identified the
interchange signalization as a safety improvement project and has agreed to share its improvement
cost. The proposed cooperative agreement states that the State agrees to provide all necessary
preliminary engineering, including plans and specifications. The State will also supervise the
construction work. Once the work is completed and accepted by the State, they will maintain and
operate the traffic control signals. The City's responsibility in this project is to provide 50% of the
total funding far the project cost. Once the project is completed, the city will be responsible for 50 %
of the energy and maintenance cost. The total estimated project cost is $424,000 of which the City
share is half of that, or $212,000. In accordance with the proposed agreement the maximum City
share of the project improvement cost is $233,200 or 10% about the estimated City share of
$212,000. If the City's share of the project exceeds $233,200, the City has the option to terminate
the project and/or agrees under a separate supplemental agreement to fund the additional cost.
Elements of the proposed project are: a) traffic signal at both northbound and southbound 1-805
ramps, b) East Orange Avenue overlay and striping within the interchange limit, and c) other minor
improvements. According to CalTrans, the proposed project will be advertised in May of 1995 and
construction will commence in August of 1995.
13' I
Page 2, Item /2
Meeting Date 8/13/94
The City Attorney has reviewed the attached cooperative agreement and finds it to be acceptable to
the City.
The City share of the project has been appropriated by Council as part of the FY 94/95 Capital
Improvement Program Project TF219.
FISCAL IMPACT: All necessary funding to cover the City's share of the project has been
appropriated by Council as part of FY 94/95 CIP Project TF219. Annual City share of maintenance
and energy cost is estimated at $2,000.
Attachment - Exhibit 1 - ReSOlUtih~d Council meeting minutes
,
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WPC M:lhomelengineerlagendalorange.ave
13, -2.
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RESOLUTION NO. 17¿':Jr
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR AN
INTERCHANGE TRAFFIC SIGNAL IMPROVEMENT AT
INTERSTATE ROUTE 805 AND EAST ORANGE AVENUE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the California Department of Transportation
(CalTrans) has completed a project report for the subject
interchange traffic signal improvement and is now prepared to enter
into a cooperative agreement with the City to share the cost for
the design, construction, and maintenance of the proposed signal
project; and
WHEREAS, the construction of the project is scheduled to
commence in August of 1995; and
WHEREAS, the project report is the basis for the
cooperative agreement in determining work to be done, design
specifications, and construction and associated project costs.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve an agreement with the
California Department of Transportation for an Interchange Traffic
Signal Improvements at Interstate Route 805 and East Orange Avenue,
a copy of which is on file in the Office of the City Clerk as
Document No. (to be completed by the City Clerk in the final
document).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to xecute said
Agreement for and on behalf of the City of C la Vis .
Presented by
John P. Lippitt, Director of Bruce M.
Public Works Attorney
C:rs\orange.ave
/;¡~:s //3- 8
. ~
Page 1 of 3
EXHIBIT 1
RESOLUTION NO. 17407
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA EXPRESSING INTENT TO SHARE EOUALL Y THE COST
FOR THE EAST ORANGE AVENUE AND 1-805 INTERCHANGE
SIGNAL IMPROVEMENTS
WHEREAS, in Fiscal Year 1990-91, Council appropriated $25,000 for staff to initiate
a project report with Caltrans to signalize the I-80S/East Orange Avenue interchange ramps;
and,
WHEREAS, based on traffic volumes and accident history Caltrans determined that the
proposed signal project met their safety criteria and agreed to proceed with a project repor!
with the understanding that the cost of the signal project will be shared equally; and,
WHEREAS, City staff recently received a letter from Caltrans requesting that the City
Council adopt a resolution expressing intent to share equally the cost to construct traffic
signals at 1-805 and East Orange Avenue ramps; and,
WHEREAS, Caltrans has informed us that this resolution is required to finalize the
Project Report that identifies work to be performed and a cost estimate.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Chula
Vista does hereby express its intent to share equally the cost for the East Orange Avenue and
1-805 interchange signal improvements. . ,
Presented by
~ ! ¿' ~
~ohn P. LiPPitt"'tP Bruce M. Boogaar
Director of Public Works City Attorney
I J'.!f
Resolution No. 17407
Page 2 Page 2 of 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of March, 1994, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: Mayor Nader
ABSTAIN: Councilmembers: None
, Æt i6,1(~ïZ;..
Shi ey Horton
Mayor, Pro-Tempore
ATTEST:
\f1 () ( (j
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eu.lr¿¿I~ . t ~2I{Ú£
Beverly Ai Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17407 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 8th day of March,
1994.
Executed this 8th day of March, 1994.
/3--(,
Minutes
Page 3 of 3 March 8, 1994
Page 3
calling a Municipal Election to be held on Tuesday, 617/94 for the purpose of electing a Mayor, two members of
the City Council (Seats 1 and 2). Staff recommends approval of the resolution. (City Clerk)
7. RESOLUTION 17406 ACCEPTING A YOUTH AT RISK PROJECT AWARD FROM THE
UNIVERSITY OF CALIFORNIA; AND AUTHORIZING THE CITY MANAGER, OR IDS DESIGNEE, TO
SIGN AN AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA - On 7/1/92,
the 4-H began a Latchkey Program at Lauderbach Community Center. The 4-H organization is a subsidiary of the
University of California Extension Service. The 4-H receives funding, through the University of California, from
the United States Department of Agriculture (USDA). In January of 1993, the 4-H requested that the City act as
a subcontractor to expand youth-at-risk programs. The 4-H has received several large grants in the last two years
of which $23,426 has been allocated for the subcontract with the City. Beginning with Fiscal Year 1993/94 in order
to continue receiving funds for the 4-H programs, the City must enter into an agreement with the University of
California for each year the program receives funds. Staff recommends approval of the resolution. (Director of
Parks and Recreation)
Councilmember Fox praised the 4-H program for their work in addressing the at-risk youth and needed, latch-key
children, and child care needs. He also pointed out that there apparently was some interest in an inter-generational
program, i.e. the program the Oxford seniors were participating in.
8. RESOLUTION 17407 EXPRESSING INTENT TO SHARE EQUALLY THE COST FOR THE
EAST ORANGE A VENUE AND 1-805 INTERCHANGE SIGNAL IMPROVEMENTS - Staff recently received
a letter from Caltrans requesting that Council adopt a resolution expressing intent to share equally the cost to
construct traffic signals at 1-805 and East Orange Avenue ramps. The resolution is required to finalize the Project
Report that identifies work to be performed and a cost estimate. Staff recommends approval of the resolution.
(Director of Public Works)
9. REPORT EAST OTAY MESA SPECIFIC PLAN - On 1/19/94, Council received a
written communication from staff regarding the review of the proposed East Otay Mesa Specific Plan and
accompanying Draft EIR. In the communication staff indicated it had serious concerns over the adequacy and use
of the documents, and attached copies of two letters forwarded to the County of San Diego outlining the City's
specific concerns. Since then, staff has not been contacted by the County or received responses to their comments.
The report serves as a follow-up to the project based on the County's decision to hold a public hearing with the
Planning Commission on 3/11/94 for final consideration of the project and EIR. Staff recommends Council accept
the report and authorize staff to transmit a letter to the County of San Diego requesting that all discretionary action
on the project be deferred until staff has been provided the opportunity to review the revised documents as well as
the responses to their comments prepared as a part of the Final EIR. (Director of Planning)
Councilmember Moore recommended that the letter being sent to the County of San Diego signed by both the Mayor
and the City Manager.
City Manager Goss stated there could be a problem with timing as the issue was going to the Planning Commission
on 3/11/94 and the Mayor would be out of town until late 3/10/94.
Councilmember Moore stated the Charter provided that the Mayor Pro Tem could sign in the absence of the Mayor.
Councilmember Fox questioned if Supervisor Bilbray had been contacted.
City Manager Goss responded that he had not been contacted as it was currently at the County Planning Commission
level. He felt it would be appropriate to send a copy of the letter to Supervisor Bilbray as it would ultimately go
before the Board.
)3--'1
11-SD-805
4.2/4.6
11359-178700
Agmt. No. 11-0501
Orange Avenue
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON ' is between
the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as "STATE," and
CITY OF CHULA VISTA, a body
politic and a municipal
corporation of the State of
California, referred to herein
as "CITY."
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code Sections
114 and 130, are authorized to enter into a Cooperative
Agreement for improvements to State highways within CITY.
2. STATE and CITY contemplate installing a traffic control
signal (s) and safety lighting and performing roadwork on Route
805 at Orange Avenue, referred to herein as "PROJECT", and
desire to specify the terms and conditions under which PROJECT
is to be engineered, constructed, financed and maintained.
SECTION I
STATE AGREES:
1. To provide all necessary preliminary engineering, including
plans and specifications and utility identification and
location, and all necessary construction engineering services
for PROJECT and to bear STATE's share of the expense thereof,
as shown on Exhibit A attached and made a part of this
Agreement.
2. To construct PROJECT by contract in accordance with the plans
and specifications of STATE.
1;$"
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11-0501
the cost of STATE-furnished material, if any, as determined
after completion of work and upon final accounting of costs.
3. CITY's share of the expense of preliminary engineering shall
be an amount equal to 50% of STATE's actual costs for
preliminary engineering for the entire PROJECT.
4. CITY's share of the expense of construction engineering shall
be an amount equal to 50% of STATE's actual costs of
construction engineering for the entire PROJECT.
5. To pay STATE upon completion of all work and within twenty
(20) days of receipt of a detailed statement made upon final
accounting of costs therefor, any amount over and above the
aforesaid advance deposit required to complete CITY's
financial obligation pursuant to this Agreement.
6. To reimburse STATE for CITY's proportionate share of the cost
of maintenance and electrical energy of said traffic control
signal(s) and safety lighting, such share to be an amount
equal to 50% of the total maintenance costs, and electrical
energy costs.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature
and the allocation of resources by the California
Transportation Commission.
2. STATE shall not award a contract to construct PROJECT until
after receipt of CITY's deposit required in Section II,
Article (1) of this Agreement.
3. Should any portion of PROJECT be financed with Federal funds
or State gas tax funds, all applicable laws, regulations and
policies relating to the use of such funds shall apply,
notwithstanding other provisions of this Agreement.
4. After opening of bids for construction of PROJECT, CITY's
estimate of cost will be revised based on actual bid prices.
CITY's required deposit under Section II, Article (1) above
will be increased or decreased to match said revised estimate.
If deposit increase or decrease is less than $1,000, no refund
or demand for additional deposit will be made until final
accounting.
3
1)'1/
11-0501
5. After opening bids for construction of PROJECT, and if bids
indicate a cost overrun of no more than 10% of the estimate
will occur, STATE may award the contract.
6. If, upon opening of bids, it is found that a costs overrun
exceeding 10% of the estimate will occur, STATE and CITY shall
endeavor to agree upon an alternative course of action. If,
after fifteen (15) days, an alternative course of action is
not agreeà upon, this Agreement shall be deemed to be
terminated by mutual consent pursuant to Article (8) of this
Section III.
7. Prior to award of the construction contract for PROJECT, CITY
may terminate this Agreement by written notice, provided CITY
pays STATE for all PROJECT related costs incurred by STATE
prior to termination.
8. If termination of this Agreement is by mutual consent, STATE
will bear 50% and CITY and will bear 50% of all PROJECT
related costs incurred by STATE prior to termination, except
that any utility relocation costs shall be prorated in
accordance with STATE's/CITY's responsibility for utility
relocation costs.
9. If existing public and/or private utility facilities conflict
with PROJECT construction or violate STATE's encroachment
policy, STATE shall make all necessary arrangements with the
owners of such facilities for their protection, relocation or
removal. STATE will inspect the protection, relocation, or
removal. If there are costs of such protection, relocation or
removal which STATE and CITY must legally pay, STATE and CITY
shall share in the cost of said protection, relocation or
removal, plus cost of engineering overhead and inspection, in
the amount of 50% STATE and 50% CITY. If any protect ion,
relocation, or removal of utilities is required, such work
shall be performed in accordance with STATE's policy and
procedure for those facilities located within the limits of
work providing for the improvement to the State highway and in
accordance with CITY policy for those facilities outside of
the limits of work provided for the improvement to the State
highway.
10. Upon completion of all work under this Agreement, ownership
and title to all materials, equipment and appurtenances
installed will automatically be vested in STATE and no further
agreement will be necessary to transfer ownership to STATE.
4
/:1 ,/.2-
11-0501
11. The cost of any engineering or maintenance referred to herein
in this Agreement shall include all direct and indirect costs
(functional and administrative overhead assessment)
attributable to such work, applied in accordance with STATE's
standard accounting procedures.
12. Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties not
parties to this Agreement or affect the legal liability of
either party to the Agreement by imposing any standard of care
with respect to the maintenance of State highways different
from the standard of care imposed by law.
13. Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated
to CITY under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, CITY shall
fully defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits
or actions of every name, kind and description brought for or
on account of injury (as defined in Government Code Section
810.8) occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority
or jurisdiction delegated to CITY under this Agreement.
14. Neither CITY nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction delegated
to STATE under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, STATE shall
fully defend, indemnify and save harmless CITY from all
claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government
Code Section 810.8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any
work authority or jurisdiction delegated to STATE under this
Agreement.
15. In the construction of said work, STATE will furnish a
representative to perform the functions of a Resident
Engineer, and CITY may, at no cost to STATE, furnish a
representative, if it so desires, and that said representative
and Resident Engineer will cooperate and consul t with each
other, but the decisions of STATE's Resident Engineer shall
prevail.
5
1;r~/:J
11-0501
16. Execution of this Agreement by CITY grants to STATE the right
to enter upon CITY-owned lands to construct PROJECT.
17. Those portions of this Agreement pertaining to the
construction of PROJECT shall terminate upon completion and
acceptance of the construction contract for PROJECT by STATE,
or 011 December 31, 1996, whichever is earlier in time;
however, the ownership, operation, liability and maintenance
clauses shall remain in effect until terminated or modified,
in writing, by mutual agreement. Should any construction-
related claim arising out of PROJECT be asserted against
STATE, CITY agrees to extend the termination date of this
Agreement and provide additional funding as required to cover
CITY's proportionate share of costs or execute a subsequent
Agreement to cover those eventualities.
STATE OF CALIFORNIA CITY OF CHULA VISTA
Department of Transportation
JAMES W. VAN LOBEN SELS By
Director of Transportation Mayor
By Attest:
Deputy District Director City Clerk
Approved as to form and procedure
Attorney
Department of Transportation
Certified as to funds and procedure
District Accounting Administrator
6
1;1'/;'
EXHIBIT A
COST ESTIMATE
(Orange Avenue at Route 80S)
TYPE OF CONSTRUCTION STATE FUNDS CITY FUNDS TOTAL COST
Signals & Lighting $60,000 $60,000 $120,000
Roadway 68.500 68.500 137.000
Subtotal $128,500 $1;¿8,500 $257,000
20% Contingencies 25.700 25.700 51.400
i 5% Supplemental $ 6,300 $ 6,300 $ 12,600
Construction Costs $160,500 $160,500 $321,000
Preliminary Engineering $19,500 $19,500 $39,000
C:t12%)
Construction Engineering $32,000 $32,000 $64,000
(i:21%)
TOTAL PROJECT COSTS $212,000 $212,000 $424,000
City's Maximum Cost of PROJECT
$212,000 + ($212,000 x 10%) = $233,200
State's Maximum Cost of CONSTRUCTION
$160,500 + ($160,500 x 10%) = $176,550, say $176,600
I
7
13'15
COUNCIL AGENDA STATEMENT
Item II¡'
Meeting Date 9/13/94
ITEM TITLE: a) Ordinance ,2.('I/¥ Amending Ordinance No. 2251, as
amended, to provide for a procedure for the
reduction and/or deferral of the Transportation DIF
for short term, Interim Facility Users.
CoUt ~""J '/.i~ b) Resolution J 7¿f.>" Amending Master Fee Schedule to
O~ ¡(~Jol{,(I-I(J' permit reduction and/or deferral of Capital-
Facilities Fees for Interim Facilities Users
,r Public Hearing to consider the request of Bonita
Country Day for a reduction and/or deferral of
certain fees.
c.)Ø' -Res ution 17~ pproving agreem~ with
Boni a Cou ry Day School f r prora ion and
defer al of the tra sportatio DIF a other
speci oed fee.
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager ~l. (4/5ths Vote: Yes_No-L)
At the 9/6/94 Council meeting, Council directed staff to consider
deferral of fees for the Bonita Country Day School proposal at 625 Otay
Lakes Road. The Bonita Country Day School is a prospective lessee of a
portion of a 4.14 acre parcel (Risen Savior Lutheran Church site)
located along the east side of Otay Lakes Road north of East H Street
(see Exhibit A). The prospective lessee is requesting that all
Department of Public Works' fees be deferred for the proposed,
temporary, non-profit school. Deferral of Public Facilities DIF is not
necessary as non-profit community purpose facilities are exempt under
that ordinance.
RECOMMENDATION: That Council hold the public hearing and adopt the
resolutions amending the Master Fee Schedule and approving the agreement
with Bonita Country Day and adopt the Ordinance amending Ordinance 2251.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
The project site is located on the same site as the Risen Savior
Lutheran Church which previously built a church on the site. Bonita
Country Day School ("Applicant) proposes to use a portion of the
property for a period of 5 years and perhaps longer depending on the
/y-/
Page 2, Item It¡
Meeting Date 5/10//94
Church and its plans for the site. The applicant proposes to move-on
six buildings to be used as a temporary school. The applicant has
requested a deferral of all Department of Public Works' fees on the
basis that the proposed school is a non-profit organization similar to
churches (see Exhibit B). Typically, churches' fees associated with
mitigating traffic impacts have been deferred pending outcome on a
Council policy for non-profit, community service institutions. The
applicant has provided documents to indicate that they are a non-profit
organization under state and federal regulations (see Exhibit B). Staff
has issued permits for the "move-on" buildings pending the outcome of
the fee waiver/reduction. The applicant has indicated that these issues
need to be resolved in time for the applicant to meet the school
starting date of September 19, less than one week from today.
Transportation Development Impact Fees (TDIF)
The City's TDIF is intended to finance public transportation facilities
needed to accommodate increased traffic created by development within
the city of Chula Vista. New development contributes to the cumulative
burden on the transportation facilities in direct relationship to the
amount of average daily traffic trips generated by the development. The
TDIF fee currently stands at $3,060 per EDU (10 trips) and, for the
school site, according to Sandag generation rates, there would be an
additional 81 trips. Based on this, the fee payable at building permit
issuance would be $24,786.
Sewer Capacity, Sewer Administration and Traffic Siqnal Fees (TSF)
The Sewer Administration fee is $ 30.00 and is to cover the cost of
permit processing. The TSF would be $1,053 (81 trips x $13jtrip).
The amount of fee being requested to be deferred for sewer capacity is
not know at this time because the plans did not include the plumbing
fixtures. The fee is based on the number of equivalent fixture units
(which vary for each type of plumbing fixture) being proposed. Those
units are converted to equivalent dwelling units (EDU), resulting in an
amount equal to the number of EDU'S multiplied by $2,220.00. The
applicant has indicated that the total EDU will be less than one, thus
his fee will be $2,220. Due to the small amount staff is not
recommending deferral of the sewer fee. Churches and other non-profit
organizations have always paid their sewer fees up front.
Basis For Deferral/ Waiver or Reduction
The TDIF procedure for waiver or reduction in the fee is dictated by
Ordinance 2251 which provides for Council to waive or reduce the fee if
the fee is unconstitutional or unrelated to the mitigation of the
traffic needs or burdens of the development.
The sewer capacity,TSF and sewer administration fee waiver procedure is
governed by the Master Fee Schedule. That procedure currently indicates
that Council must find that a peculiar economic hardship or other
injustice would result to the applicant which outweighs, when balanced
li--,;....
Page 3, Item /1
Meeting Date 5/10//94
against, the need of the City for revenue and the need for a uniform
method of recovering the same from those against whom it is imposed.
The proposed revision to Ordinance 2251 addresses situations where the
use is short term and interim. The revision provides for special
considerations if the use is for 10 years or less or if there is
economic hardship. Conditions may be applied requiring interest to be
paid on the deferred amounts, and an agreement executed to secure the
amount being deferred. In addition the use must provide a significant
public benefit.
Agreement with Bonita Country Day School
The agreement before Council provides for the school to pay 50% of the
TDIF or $12,393.00 over a 5 year period at 6% interest on a annual
basis. The yearly payment will be $ 2,478.60. The remaining. 50% will be
due and payable if the school exceeds the interim use period of 5 years
or the Conditional Use Permit may be revoked. In addition, the
agreement states that there will be loss of credit for the contribution
towards the TDIF upon termination of the interim use.
No other fees are proposed to be reduced or deferred under the
agreement. The applicant will be able to transfer the principal amount
of his payments on the TDIF if he relocates within one year if within
the TDIF area subject to approval by the City and the owner of the
property.
Public Hearinq Notice
Under Ordinance 2547, which adopted the Master Fee Schedule, Council
must conduct a public hearing. The notice of the hearing is not
required to be published. Notice is required to be given to the
applicant and any other party or parties requesting notice. The
applicant, Mr. Paul Catanzaro, and the Construction Federation Industry
have been noticed.
Conclusion
Staff concurs with the applicant that the temporary nature of his
project at that location deserves special consideration. Staff
recommends that the payment schedule be approved and that an agreement
wi th the City to make payments be entered into. Staff further
recommends that Council authorize the city Engineer to execute said
agreement with the developer for the collection of the TDIF and allowing
the transfer of these fees to a future site under certain circumstances.
The fee deferral shall be contingent upon execution of the agreement and
disclosure to the church of the transfer provision.
FISCAL IMPACT: Approval of the resolution will provide for the
collection of $2,478.60 in TDIF and collection of $1,053 in Traffic
Signal Fee, at least $2,220 in sewer capacity fees and the $ 30 sewer
administration fee. Additional TDIF fees will be collected depending
upon the length of the interim use up to the full TDIF.
1'1' ;t
Page 4, Item 1'/
Meeting Date 5/10//94
DDS/File No.: HX-O31 .
Attachments: Map of proposed development /
A)
B) Letter from Developer requesting waiver/~~~~profit
documents
C) Proposed agreement)
WPC F:\home\engineer\agenda\1808.94
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Bonita Country Day 6chool
I Teaching students how to think. not what to think.
September 1, 1994
Donna Snider, Civil Engineer
Public Works Department
Assessment Districts
276 Fourth Avenue
Chula Vista, Ca. 91910
Dear Ms. Snider,
I would like to request that all fees your department
charges be deferred under the same conditions as other non
profit (SOlc3) organizations such as The Risen Savior
Lutheran Church, The Corpus Christi Catholic Church, et al.
It is my understanding that this can be accomplished on
a staff level within the City Managers office as the City
I Council has already ruled on this procedure. I further
understand that the City Attorney has seen to it that all
organizations presently classified as bonafide SOlc3 status
must be considered for this deferral.
If for any reason there is a City Council review of our
situation necessary please submit this immediately so that it
will be put on the September 12th agenda.
Thank you for your immediate consideration and action on
this issue as the school has a starting date of September 19,
1994 which adds real urgency to finding an immediate solution
to this problem.
I have attached copies of both our State and Federal non
profit status for your file.
cc Mayor Nader
Post Office Box 1226. Bonita. CA 91908 . (619) 656-0141
EXhtb\+ B Jl/.,¡,
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O""'prtl' ¿1t'U II (?'-v It l'
! STATEMENT BY DOMESTIC NONPROFIT CORPORATION
¡
I
THIS STATEMENT MUST BE FILED WITH
¡ CALIFORNIA SECRETARY OF STATE (SECTIONS 6210, 8210. 9660 CORPORATIONS CODE)
~ THE $5 FILING FEE MUST ACCOMPANY THIS STATEMENT,
r
¡I. C1S65562 Fe DUE DATE C1-31-93 C2285N
J BONITA COUNTR~ DAY SCHOOL -
¡ 2400 FENTON STREET, SUITE 200
CHULA VISTA~ CA 91913
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00 NOT ALTER PREPRINTED NAME IF ITEM 1 IS BLANK, PLEiASE ENTER CORPORA TF. "'AME DO NOT WRITE IN THIS <;PACE
THE CALIFORNIA CORPORATION NAMED HEREIN, MAKES THE FOLLOWING STATEMENT
2, STREET ADDRESS OF PRI"'t:II'AL OFO:lce ¡SUI 1 E OR RC>OM I 2" .",
/IF NONE. COMPLETE 3.:38' I I
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' 2400 Fenton street Suite 200 Chula Vis. t.a, California t: .9...1913
; 100 NOT USE P,O. BOX NO.1 CITY AND STATE liP CODE
13, MAII.ING AOOAISS - SUITI! OR ROOM ~--' _.. ..----....---....- '3ti.....-
I 2400 Fenton Street Suite 200 Chula Vista, California I 91913
I '~In Ar¡D ~FAIE ". (;Ç¡pi'
I
. THE NAMES OF THE FOLLOWING OFFICERS ARE:
'4, <\" 48 .4'.-
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~Paul A. Catanzaro 372 Camino Elevado :' Bonita, Californial91902
1 CHIEF EXECUTIVE OFFICER BUSINESS OR RESIDENCE ADDRESS (Oú NOT U';;E "ú. ::JÚAII (.ra AND S I AFE I'" CODE
;'5, 5;;;-- -'-.....-..---. '------""'-":5B~'-------'---'----'--'-""--'._'-"'-'""'is, "-""-.'--
;Suzanne Catanzaro 372 Camino Elevado : Bonita, California! 91902
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i SECRETARY j BUSINESS OR RESIDENce AOt:>RESS (DO N01 USE....!:£:. 80A' : CITY AND 5T A FE _'_..':'¡" CÇ>DE
( 6, 6,.., 6B, 1 6C
¡paul A. Catanzaro I Same as Above I ]
I CHIEFFINANC1A,-OFFICER 'BUSiNESSÙRflESlt:>ENCEADU1f'i'>Il'UI,OlU'>fPUIJV" (;iTiAN(.,~IAI, ,-.~;""
DESIGNATED AGENT FOR SERVICE OF PROCESS "~~~~;'~~~~~.:~~'JI_~~:;"~'8~~'~~~~'::9:'~~[:E"~::~:~~"")
: 7. NAME
1 Paul A. Catanzaro
8, CALIO:ORNIA STREET ADDRESS 'F "GENT IS "N 'NOl\ IOU"L 100 NOT USE ,. r) AO" Dc' Nor 'N"eVUF "",",.. " ."." , 'S . (.:OA_O.",'"",
2400 Fenton Street, Suite 200
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I Chula Vista, CA 91913
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9"OECL"RETH"'IHAVEEXAMIN.E.D.rHIs.slAIFME.-""A...Noro."'.f.H".'.S..".<"""'K".OWLED".'".I.".'C""IU IT 's TRUC/'" <I..>,.... ,:. . ..." -
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DATE "TI.E r'PF"",""'P"'^,^,C»SICI,""'",'.,." ','N . 'òlC',Þ.('JR,. ..
;.'ORM 5/0 '00 Rlv 9/89 '1-
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INTERfW. REVENUE 8£RVICE DEPMTftENT Of THE TREASURY
DISTRICT DIRECTOR
2 CUPANIA CIRCLE
MONTEREY PARK, CA 91754
EMployer Identification Nu~ber:
33-0405997
; Date: OCT. ,21, 1991 C.se NuI'!ber:
951269061
BONI1A COUNTRY DAY SCHOOL Contact Person:
4190 BONITA ROAD SUITE 206 A "A~.ATDARNA, CHITRn
BONITA, CA 91902 Cont.ct Telephone NuMber:
(213) 725-/)619
Accounting Period Ending:
July 31
FOfl'! 990 Required:
Yes
Addendul'! Applies:
No
,
De.r Applìcc1ntl
Based on inforMation supplied, and assuMing your operations will be as
stat~rl in your application for retoÇ/nitinn of exeMption, WE' have dE't£'rMinp.d
you are exeMpt froM Federal incoMe tax under section 501(a) of the Internal
R~venue Cod~ as an organization described in section 501(c)(3).
We have further deterMined that you c1re not a private foundation within
the MPrln;n9 of 5ection 509(.1) of 1hp Cclde, beÆ.HI~if~ you <He an ofÇ cJni.zation
deficribed in sections 509(a)(I) and 170(b)(1)(A)(ii).
If your sources of support, or your purposes, character, or Method of
operation chang~, please let us know so we can consider the eff{'ct of the
change on your exeMpt status and found.tion status. In the case of an aMend-
M"nt to your ofgani ldt tona 1 dor.IlMlmt or bylaws, p Ip.ao¡e 'Pond U9 .I copy of the
aMended dOcUMent or bylaws. Also, you should inforM Us of all changes in your
na~e or address.
.
As of Jc1nuary 1, 1984, you are liable fOf taxes under the Federal
Intur;¡ncr. Cont riblltions Ac t (soci;¡l ~ecurity taxes) on reMuneration of '100
or ~ore you pay to each of your eMployees during a calendar year. You are
not liable for th~ tax iMposed under the Federðl UncMploYMent lcJx Act (rUTA).
Since you are not a private foundation, you are not subject to the excise
taxe~ under Chapter 42 of the Code. Howevcr, you are not .utOM~tiçðl1y exe~pt
froM other Feder.! excise taxes. If you have any questions about excise,
eMploYME'nt, or other FederaJ taxes, please let U5 know.
Donors May deduct contributions to you as provided in section 170 of the
Code. Bequests, legacies, devises, trdnsfers, or gifts to you or for your use
are deductible for Federa] estate and gift tax purposes if they ~eet the
applicable provisions of Code sertjons 2055, 2106, and 2522.
Contribution deductions are allowable to donors only to the extent that
their contributions .Ire gifts, with no consider~tion rec~ived. Tir.kp.t pur-
£XH(ß\T ß JL/.~
letter 947(CC)
/
/1
/
/ -3-
BONITA COUNTRY DAY SCHOOL
telephone nu~ber are shown in the heading of this letter.
yours,
.
Mich..l J. Quinn
District Director
,
I
,
I¥-/O
Letter 947(CG)
ORDINANCE NO. ~¿(}o/
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING ORDINANCE NO. 2251, AS
AMENDED, TO PROVIDE FOR A PROCEDURE FOR
REDUCTION AND/OR DEFERRAL OF THE
TRANSPORTATION DEVELOPMENT IMPACT FEE FOR
SHORT TERM, INTERIM FACILITY USERS.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 5 of Ordinance No. 2251, as has been from
time to time amended, is hereby further amended to read as follows:
"Section 5. Procedure for Fee Waiver or Reduction.
Any developer who, because of the nature or type of uses
proposed for a development project, contends that application
of the fee imposed by this ordinance is unconstitutional, or
unrelated to mitigation of the traffic needs or burdens of the
development, may apply to the City Council for a waiver~-er
reduction, or deferral of the fee. A development which is
desiqned and intended as a temporary use (10 ~ears or less)
and which is conducted in facilities which are, by their
nature, short term interim facilities such a portable or
modular buildinqs (includinq mobile homes, trailers, etc.) may
qualify for a waiver, reduction or deferral. In addition, a
deferral may be qranted on the basis of demonstated economic
harship on the condition that (1) the use offers a siqnificant
public benefit: (2) the amount deferred bears interest at a
fair market rate so as to constitute an approximate value
equivalent to a cash payment: and (3) the amount deferred is
adequately secured by aqreement with the applicant. Unless
the requirement for timely filinq is waived by the City, t~he
application shall be made in writing and filed with the City
Clerk not later than ten (10) days after notice of the public
hearing on the development permit application for the project
is given, or if no development permit is required, at the time
of the filing of the building permit application. The
application shall state in detail the factual basis for the
claim of waiver or reduction. The City Council shall
consider the application at a public hearinq on same notice of
which need not be published other than by description on the
aqenda of the meetinq at which the public hearinq is held.
Said public hearinq should be held within sixty (10) days
after its filing. The decision of the City Council shall be
final. If a deferral, reduction or waiver is granted, it
should be qranted pursuant to an aqreement with the a~~licant,
and the property owner, if different from the a licant,
providinq that any change in use within the project shall
subject the development to payment of the full fee. The
procedure provided by this Section is additional to any other
1'1 t9 -- I
procedure authorize by law for protesting or ch lenging the
fee imposed by this ordinance."
Presented by: ved a~o
~/~
gthn P. Li p't Bruce M. Boogaard
rector of Public Works City Attorney
/,/r;~-z
RESOLUTION NO. /7 ~ 5.>
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA AMENDING THE MASTER
FEE SCHEDULE TO PERMIT REDUCTION AND/OR
DEFERRAL OF CAPITAL FACILITIES FEES FOR
INTERIM FACILITY USERS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND,
DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. Chapter 1 (" Introduction"), Section A ("Master Fee
Schedule") is hereby amended to read as follows:
" A. MASTER FEE SCHEDULE
1. . . .
2. Fee Waivers or Deferrals
a. The fees set forth in the Master Fee Schedule may
be waived or deferred, in whole or in part, by the
Waiving Authority, as defined hereinbelow in
Subsection b, in accordance with the following
procedures:
1) Any person requesting an abatement g
reduction, waiver or deferral, or a
combination thereof, of a fee herein charged
shall request said ab~tementadiustment in
writing, addressed to the Waiving Authority,
and shall set forth therein, with specificity,
the reasons for requesting said abatement of
all or any portion of the fees.
2) The Waiving Authority shall conduct a public
hearing, notice of which is not required to be
published. Notice of said public hearing
shall be given to the applicant and to any
party or parties requesting notice of same.
3) Prior to ab~tingadiusting all or any portion
of a fee established in the master fee
schedule, the Waiving Authority shall find
that either (1) the fee, when applied in the
particular case under review, would reauire
the applicant to Day an amount which is
siqnificantlv and disproportionatelY larger
than other fee pavers qiven the riqhts of
eniovment of, or benefits of, the facility or
proqram for which the fee is paid, or (2) the
applicant will suffer a peculiar economic
hardship or other injustice from the paYment
/¥ß-'j
of the fee 'liiTOuld reault to the applic~nt which
outweighs, when balanced against, the need of
the City for revenue and the need for a
uniform method of recovering same from those
against whom it is imposed.
II The Waivinq Authoritv shall impose such terms
and conditions on the adiustment as deemed
appropriate, and shall qiven due consideration
to terms and conditions involvinq interest on
amounts deferred, security to assure the
eventual collection.
b. Waiving Authority, as the term is used herein,
shall mean thé City Manager, or his designee, if
the amount of such waiver is less than or equal to
the greater of (1) $2,500 or (2) 25% of the fee
imposed by the master fee schedule. If the amount
of the waiver is greater than the greater of $2,500
or 25% of the original fee imposed by the master
fee schedule, the Waiving Authority, as used
herein, shall mean the City Council.
c. If the Waiving Authority in a particular fee waiver
matter is the City Manager, or his designee, the
decision of the City Manager, or his designee, may
be appealed to the City Council by any resident of
the City of Chula Vista, including, but not limited
to, the members of the City Council. If the
Waiving Authority is not the City Council, then the
Waiving Authority shall provide notice of his
decision to waive a fee set forth in the master fee
schedule by distributing a copy of said notice of
decision to each member of the City Council and to
the City Clerk. Said notice of decision shall be
deemed a public record.
3. Master Fee Schedule Copies
Copies of the Master Fee Schedule may be purchased for
$6.00."
Section 2. The Council finds that a reduction of the
Transportation DIF and a deferred payment plan for the balance of
the Transportation DIF Fee due from Bonita Country Day School, in
the manner and amount set forth in the "Agreement between the City
of Chula Vista and Bonita Country Day School for Waiver of Certain
Specified Fees" dated September 20, 1994, is appropriate due to the
fact that (1) said School is limited to its occupancy at the
proposed site to a period of 5 years and the facilities which the
Trans DIF will go toward constructing will last longer than such
temporary use period; (2) said School's occupancy will occur in
temporary, portable buildings; (3) said School is a non-profit
corporate entity providing a significant social benefit to the
/J.j ß"' ;l
community; and (4) requiring immediate payment of the full or
deferred amount of the Transportation DIF will operate a
significant economic hardship on the School such as to prohibit it
from being able to operate.
Section 3. The Council approves the "Agreement between the
City of Chula Vista and Bonita Country Day School for Waiver of
Certain Specified Fees" dated September 20, 1994, and on file in
the Office of the City Clerk, and authorizes the Mayor to execute
same on behalf of the City.
Section 4. This resolution shall take and be in full force
and effect immediately upon the passage and adoption hereof.
Section 5. The City Clerk shall certify to the passage and
adoption of this Resolution; shall enter the same in the book of
original Resolutions of said City; and shall make a minute of the
passage and adoption hereof in the minutes of the meeting at which
the same is passed and adopted.
Presented by:
John P. Lippitt
Director of Public Works
IYO-J / /11/3-1
Agreement between City of Chula Vista and Bonita Country Day School for
Waiver of Certain Specified Fees Due to Interim Use and Economic Hardship.
This Agreement, made September 20, 1994 for the purpose of reference only, and effective as of the date
last executed by the parties, is between the City of Chula Vista, a chartered municipal corporation of the State of
California ("City") and Bonita Country Day School, a non-profit, public benefit corporation of the State of
California ("School"), and is made with reference to the following facts:
J, Recitals
A. School desires to develop the Risen Savior Lutheran Church site, located at 625 Otay Lakes Road
("Site"), with a 140 student, kindergarten through 12th grade, educational use ("Use") for a period of 5 years
("Interim Period"), and to conduct such use in rented, modular buildings.
B, Under the various existing fees impos~ by the City on such developments, School, in the absence of
waiver, reduction or deferral, would be required to pay the following:
1. Transportation DIF: $24,786
2. Public Facilities DIF: (}11
3, Traffic Signal Fee: 1,053
4. Sewer Administration Fee: 30
5. Sewer Capacity Fee: ?!
C. School has requested by their letter of September 1, 1994, and subsequent oral modifications,
consideration of the waiver, reduction or deferral of said fees.
D. Whereas, City has recently amended its policy on waivers, reductions or deferrals of fees to permit
adjustment on the basis of interim usage and deferral on the basis of economic hardship.
E, Whereas, City has, by Resolution No. -' found that sufficient justification exists to reduce and
defer certain fees as herein provided;
F. Whereas, School hereby warrants and represents that their current intention to occupy the Site for the
Use is limited to the Interim Period.
II. Obligatory Provisions
Now, therefore, the parties hereto do hereby agree as follows:
A. Grant of Reduction and Deferral.
1. Non-profits have been exempted due to rIDding of no impact on city facilities.
2, Undetermined at this time, but at a minimum of $2,200.
1
IYß-,Þ
City hereby grants School a reduction in the Transportation DIF Fee of 50 % based on their Use during the
Interim Period in temporary facilities, and an installment payment plan thereof (partial deferral) based on economic
hardship as herein below provided.
B. Amount and Terms of Payment for Trans DIF.
School shall pay a Transportation DIF Fee in the amount of $12,393, the principal of which shall be
payable at the rate of $2,478.60 per year plus interest at the rate of 6 % per annum on the unpaid principal balance
due at the time of the principal payments, commencing with the payment of $2,478,60 due upon execution hereof,
and equal annual payments of principal plus such interest as may have accrued thereon, due on each succeeding
anniversary date hereof. If paid on a timely basis, the following represents an approximation of the installment
payment plan:
Year Principal Interest Total
1 $2,478.60 0 $2,478.60
2 $2,478.60 $594,86 $3,073.46
3 $2,478.60 $446.15 $2,924.75
4 $2,478.60 $297.43 $2,776,03
5 $2,478.60 $148.72 $2,627.32
If School shall, after the Interim Period, continue to put the Site to the Use, the School shall forthwith, in a single
payment, pay City the deferred amount of the Transportation DIF Fee of $12,393.
C. Other Fees Not Reduced or Deferred.
School shall pay, without deferral, reduction or waiver, all other fees of the City when due except as herein
reduced or deferred.
D. Security.
As security for the payment of deferral of such fees, and in consideration for not requiring immediate
payment on issuance of building permits, School hereby grants City, on their default of the provisions of Section
II,B above, the right and power, and without prejudice to such other remedies the City may have at law or equity,
at their option to revoke and terminate their Conditional Use Permit to operate the school at said site at or after a
public hearing notice of which shall be provided to School, and/or to revoke and terminate their Certificate of
Occupancy at or after a public hearing notice of which shall be provided to School, and/or to disconnect the use
from the City's sewer system. Election of one collection remedy shall not prejudice the City from pursuing any
and all other remedies.
E. Indemnity.
School hereby agrees to defend and indemnify City against any and all claims, losses, expenditures, or
expenses incurred by any person, firm or entity; by reason of the City's enforcement of any and all security
privileges herein granted to City.
F. Credit of Payments Towards Permanent Facility.
With the written consent of the owner of the Site, the principal payments on the Transportation DIF may
be credited to a subsequent obligation of School to pay a Transportation DIF due to School's relocation to a
permanent or temporary facility within the territory of Transportation DIF district as long as such relocation occurs
2
/'/ß- (,
within 12 months of the discontinuation of the Use at the Site. Said credits shall not be transferrable to any other
party,
G. Miscellaneous Provisions:
1. Authority of City: Property Owner further agrees that, and agrees not to protest the fact that,
the City is vested with the authority to require the Property Owner to make payments as agreed
herewith.
2. Notices: Unless otherwise provided in this Agreement or by law, any and all notices required
or permitted by this Agreement or by law to be served on or delivered to either party shall be in
writing and shall be deemed duly served, delivered, and received when personally delivered to the
party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed
following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class
postage prepaid, addressed to the address indicated in this Agreement. A party may change such
address for the purpose of this paragraph by giving written notice of such change to the other
party, Facsimile transmission shall constitute personal delivery,
City:
City of Chula Vista
276 4th Avenue
Chula Vista, CA 91910
Attn: Public Works, Engineering Division
Lessee:
Bonita Country Day School
625 Otay Lakes. Road
Chula Vista, CA 91910
Attention: Paul Catanzaro, Headmaster
(A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided in this
paragraph. Facsimile transmission shall constitute personal delivery).
3, Captions: Captions in this Agreement are inserted for convenience of reference and do not
derIDe, describe or limit the scope or intent of this Agreement or any of its terms.
4. Recitals; Exhibits: Any recitals set forth above are incorporated by reference into this
Agreement.
5. Attorneys' Fees: The prevailing party in any action enforcing the provisions of this agreement
shall be entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies,
6. Governing Law: This Agreement has been executed in California and shall be governed by
the laws of the State of California.
7, Invalidity: If any term, covenant condition or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
3
II/g., 7
hereof shaH remain in fun force and effect and shaH in no way be affected, impaired or invalidated
thereby.
7. Time: Time is of the essence in the performance of the Parties' respective obligations herein
contained.
8. Waivers: The waiver by one Party of the performance of any covenant, condition or promise
shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other
covenant, condition or promise. The waiver by either or both Parties of the time for performing
any other act or an identical act required to be performed at a later time. The exercise of any
remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by
law, and any provision of this Agreement for any remedy shall not exclude other consistent
remedies unless they are expressly excluded.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year
first hereinabove set forth.
Dated: ,1994 CITY OF CHULA VISTA
By:
Tim Nader, its Mayor
Attest:
Beverly Authelet
~t
Bruce M, Boogaard, Ci
Dated: Bonita Country Day School
by:
Paul Catanzaro, Headmaster
c:\bonctr5.wp
4
I¥g~~
COUNCIL AGENDA STATEMENT
Item IS'
J7¿5") Meeting Date 09/13/94
ITEM TITLE: Resolution: Amending the City's Master Fee Schedule to establish new green
fees at ChuJa VISta MUUiciPal1,°"':
SUBMITTED BY: Director of Parks and Recreat' rV""2/
REVIEWED BY: City Manager G IL/.~ (4/5ths Vote: Yes- NoX)
,.f~) American Golf Corporation, the golf course lessee, is requesting a green fee adjustment, as per the
existing agreement approved November 1984. The Agreement allows the lessee to adjust the fees to
comparable golf courses at least once per year. On May 11, 1993, the Council approved the current fee
schedule, which took effect July 1, 1993.
RECOMMENDATION: That the City Council amend the City Master Fee Schedule and approve the
following:
1. Increase weekday resident discount green fees from $14.00 to $15.00, and maintain the weekend
resident discount fee at $18.00, effective October 13, 1994; and
2. Maintain the Senior Resident Monthly Pass at $40.00, plus $1.00 per round
3. Restrict Senior reservations between 9:00 a.m. - 12:00 noon, Monday through Friday; and
4. Establish a surcharge of $1.00 for weekday reservations, and $2.00 for weekend reservations,
made 8 to 30 days in advance.
COMMISSION RECOMMENDATION: At the July 21, 1994 Park and Recreation Commission
Meeting, the Commission requested additional information and voted unanimously 6-0-1 (Alevy
abstaining). to trail items to the August meeting. At the August 18, 1994 meeting, the Commission
unanimously endorsed the Department's recommendation (4-0-1 [Alevy Abstained, Carpenter, Helton
out]) Attachment D.
DISCUSSION: American Golf submitted a fee adjustment request on May 24, 1994 (Attachment A).
Per the Agreement, the City has the right to approve green fee rates. Green fee rates may be comparable
to those charged by other public golf courses in San Diego County. The proposed green fee adjustment
requested included a $1 increase to the Resident Discount rate during the week, an increase in the Senior
Resident Monthly pass to $2 per round, restriction on reservation for Resident Senior between 9:00 a.m. -
12:00 noon during the week, and a surcharge for advance reservation from 8 days to 30 days. American
Golf posted their proposal rate adjustment for thirty days prior to the Park and Recreation meeting on
July 21. They also discussed these changes with both the Men's Club and the Women's Club. Neither
club has objections. The following chart illustrates the current rates, the proposed rates, and the
Department's recommendation:
A:\JERRYIMASTRFEEAI3
September 2, 1994
I~'I
Page 2, Item /..5'
Meeting Date 09/13/94
I. PROPOSED RATES
Green Fees
Applicable Days Number of Existing Proposed Resident Proposed Resident Department
Holes Fee Fee Discount Fee Discount Fee Proposal
1/««I'át\^I........"",.;...,,.....«
Monday through Friday 18 $18.00 No Change $14.00 ............... 1<'0'--'7' .......
(Excluding Holidays)~ «« ..........' ........ ......< .........../
«......./ < ...... .........
Saturday, Sunday and Legal 8 $24.00 No Change $18.oo$tl}(j(\ No Change
HolidayS~«<.......<
Monday through Friday 9 $11.00 No change $9.00 No Change No Change
(Excluding Holidays)
Monday through Friday 9 $12.00 No change $10.00 No Change No Change
(Twilight)
Monday through Friday 9 $9.00 No Change 9.00 No Change No Change
(Super Twilight)
*Saturday, Sunday and Legal 9 $13.00 No change $11.00 No Change No Change
Holidays
Saturday, Sunday and Legal $14.00 No change $12.00 No Change No Change
Holidays (Twilight)
Saturday, Sunday and Legal $10.00 No change $9.00 No Change No Change
Holiday/(Super Twilight)
*9-Hole play would continue to be scheduled in the early morning on the back nine only. Once the front nine golfers are finished, 9-Hole
play will be limited after 12:00 Noon.
II. SENIOR RATES
Applicable Days Number of Holes Existing Green Fees Changed Proposed Green Fees Department
Proposal
Monday through Friday,
(Excluding Legal
Holidays)
With $10 yearly discount 9 or 18 *50% of resident discount No Change No Change
....... ........ ....... ........ ........../ .......'c</
With $40 monthly discount 9 or 18 $1.00 per round "'",."'y,-,,wuuu< ~ .......
........ ....................«
card 1< < .........« ............. < ...................................<
Resident Senior reservations would be restricted between 9:00 a.m. and 12:00 noon. However, they would be able to play between 9:00 a.m.
- 12:00 Noon from a waiting list at the discount rate.
* The weekday rate would increase from $7.00 to $7.50 if Resident Discount Rate is approved.
A :\JERR YIMASTRFEE.A 13
September 1, 1994
I~,t
Page 3, Item /.>'
Meeting Date 09/13/94
III. ADVANCE RESERVATION FEES
American Golf is proposing a surcharge for advance reservation of Tee times. A reservation fee of $1.00
for weekdays and $2.00 for weekends for Tee-time reservation more than eight (8) days through thirty
(30) days.
PARKS AND RECREATION COMMISSION MEETING
On July 21, 1994, a report on the fee adjustments requested by American Golf was taken to the Parks
and Recreation Commission for their review. The Commission recommended trailing the item for one
month and requested additional information be submitted by American Golf to justify their request. At
the Parks and Recreation Commission meeting of August 18, 1994, American Golf submitted their
justification (Attachment B). The Commission, after hearing testimony, unanimously endorsed Staff's
recommendations.
DEPARTMENT ANALYSIS
The Department surveyed seven comparable municipal and local golf course green fees to evaluate the
proposed green fees (Attachment "C"). The survey revealed that the proposed increase to the resident
discount for 18-Hole play during the weekdays and weekend is below the mean of courses that offer
resident discounts. However, the Department cannot support the increase for the weekend rate. The
existing rate in Chula Vista is higher than two of the municipal golf courses, Balboa (City of San Diego)
and Oceanside Municipal Golf Course. The weekend rate of $35.00 at Escondido's Vineyard course
raised the mean score. The current weekend resident discount fee is in line with San Diego's Torrey
Pines Golf Course.
Reservation for Senior Monthly Passes has been in effect since 1986. Prior to this date, monthly pass
holders were on a standby basis. In 1986 American Golf proposed to eliminate the Senior Monthly
Passes Program and implemented a Senior Yearly Card for $10.00 with a 50% discount on green fees,
which included the privilege of making reservations. However, this proposal was opposed by the Senior
Golfers. After considerable discussion, American Golf amended their request to have both the Senior
Yearly Pass Program and existing Senior Monthly Pass, plus $1.00 a round. American Golf extended
the reservation privileges to both Senior Discount Programs at this time.
Since that time, the Senior Golfers use of the discount programs has increased tremendously. The Seniors
currently use approximately 70% of starting time before 9:00 am and 36% of the start time between 9:00
and 12:00 noon. American Golf feels this greatly impacts their revenues. Their proposal to restrict
senior reservations between 9:00 a.m. and 12:00 noon would allow more full-paying golfers while
allowing senior players to continue to play on a standby basis and to continue to make reservations before
and after the prime time. Therefore, the Department recommends against raising the Senior Monthly
Passes rates per round from $1.00 to $2.00, but recommends approval of the reservation restriction. The
Department feels the $1.00 increase would impose an economic burden on Seniors. Restricting the
reservation privileges of senior discounts between 9:00 a.m. and 12:00 noon would not adversely impact
A:\JERRYIMASTRFEE.A 13
September 1, 1994
lý;J \ i
Page 4, Item /5
Meeting Date 09/13/94
the Senior golfer since the seniors would be allowed to playas often as they wished on a standby basis
or after 12:00 noon, and American Golf would be able to generate more revenue for their operation
during the prime tee times.
American Golf's request to institute a surcharge for advance reservation beyond eight (8) days to thirty
(30) days is a means to attract more golfers who need more than seven days to schedule a round of golf
because of other committments. Coronado Golf Course is the only course in San Diego County that
currently assesses a surcharge of $7.50 per player for tee times, 8 day to 30 days. The Department
recommends approval if 50% of prime start times are held for regular clients who may be able to obtain
reservations up to seven (7) days in advance.
Finally, American Golf has requested an administrative clarification on holidays. In 1993, one of the
approved holidays, Christmas, was on Saturday. Holiday rates were charged on Friday, since this was
the official day of celebration by City and other government agencies. This caused minor problems.
Some golfer objected because the resoluton specified December 25th. They request that the following
language be incorporated into the Master Fee Schedule dealing with approved Holidays: "If an approved
holiday falls on a Saturday, the holiday rates will be valid on the preceding Friday. Ifthe holiday falls
on a Sunday, the holiday rates will be valid on the following Monday."
The Department and American Golf representatives discussed their proposed fee increase and reached an
agreement. American Golf supports the Department's recommendations.
FISCAL IMPACT: Increase in the weekday Resident Discount Fee will produce an estimated $3,000
in additional City Revenue.
Attachment 'A' - Fee Adjustment Request ~ \
Attachment 'B' - Justification for Rate Increas~
Attachment 'c' - Proposed Green Fees Table
Attachment 'D' - Parks and Recreation Commission Minutes of August 18, 1994 NOTSCÅNNEn
A:\JERRY\MAS1RFEE.A13 Iýo/
September 1, 1994
RESOLUTION NO. 17¿,57
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE CITY'S MASTER FEE
SCHEDULE TO ESTABLISH NEW GREEN FEES AT THE
CHULA VISTA MUNICIPAL GOLF COURSE
WHEREAS, at the meeting of May 11,1993, Council approved
the current green fee schedule for the Chula Vista Municipal Golf
Course which took effect July 1, 1993; and
WHEREAS, American Golf Corporation, the golf course
lessee, is requesting a fee adjustment for all of the green fee
categories at this time effective immediately; and
WHEREAS, staff is recommending a green fee schedule
effective September 7, 1994, maintaining the status quo on the
Senior's Resident Monthly Pass and establishing a surcharge for
reservations; and
WHEREAS, the Parks and Recreation Commission, at its
August 18, 1994 meeting, unanimously endorsed the Department's
recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby amend Chapter VIII of the
City's Master Fee Schedule to establish new green fees at the Chula
Vista Municipal Golf Course effective September 7, 1994 as set
forth in Exhibit A, a copy of which is on file in the office of the
City Clerk.
Presented by
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\greens fees
/5~f
EX 1-11£317
A
.
I
AMERICAN GOLF'S PROPOSED RATE ADJUSTMENT ,
Green Fees
Applicable Days Number of Existing Proposed Resident Proposed Resident Department
Holes Fee Fee Discount Fee Discount Fee Proposal
Monday through Friday 18 $18.00 No Change $14.00 $15.00 $15.00
(Excluding Holidays)
Saturday, Sunday and Legal 8 $24.00 No Change $18.00 $19.00 No Change
Holidays
Monday through Friday 9 $11.00 No change $9.00 No Change No Change
(Excluding Holidays)
Monday through Friday 9 $12.00 No change $10.00 No Change No Change
(Twilight)
Monday through Friday 9 $9.00 No Change 9.00 No Change No Change
(Super Twilight)
*Saturday, Sunday and Legal 9 $13.00 No change $11.00 No Change No Change
Holidays
Saturday. Sunday and Legal $14.00 No change $12.00 No Change No Change
Holidays (Twilight)
Saturday, Sunday and Legal $10.00 No change $9.00 No Change No Change
Holiday/(Super Twilight)
*9-Hole play would continue to be scheduled in the early morning on the back nine only. Once the front nine golfers are finished, 9-Hole
play will be limited after 12:00 Noon.
SENIOR RATES (*.Resident)
Applicable Days Number of Holes Existing Green Fees Changed Proposed Green Fees Department
Proposal
Monday through Friday,
(Excluding Legal
Holidays)
With $10 yearly' discount 9 or 18 50% of resident discount No Change No Change
With $40 monthly discount 9 or 18 $1. 00 per round $2.00 per round No Change
card
** Resident Senior reservations would be restricted between 9:00 a.m. and 12:00 noon. However, they would be able to play between 9:00
a.m. - 12:00 Noon from a waiting list at the discount rate.
A:IJERRY\MASTIU'EE.A 13
August 25, 1994
IS' /,
-
..- "-"--"" .._", ._~_.-
.' ,:~r.' Attachment A-I
., ,
~..~
UI::
American Golf Corporatlon."
May 24, 1994
Mr. less Valon%ucla
Director of Parks IU'Id RecreAtion
Cit), of Chota Vista .
276 4th Avenue
Chuta Vista, CA 92010
Dear leu:
Attached you will find American Golfs proposed rate increases for Chula Vista golf course. We
would like these rates to be presented in the June meetins of the Parks and Recreation Commission
and then go to Council in Juty with implementation soon thereafter. In our proposal we are only
increasins the Resident 18 hote rates. There is not a proposed increase for non-residents on any
fees. Also) the nine hote and tWilight fees are not increasins for residents. These rat~s fit well
within Chula Vista's market.
We also are proposing to increase the senior monthI)' ticket ¡reen feo trom $1.00 to $2.00 per
round but no increase in the ticket itself. You may be aware that the City of San Diego just raised
their senior ticket to $49.50 and limited it to 15 rounds per month. This will be the first increase in
thi$ rate in many years.
We would also like a policy change that would allow seniors to set their discount on reservations
only before 9:00 a.m. and after 12:00 noon Monday..Friday and an>'time Monday-Friday off'the
waitins list. This would kitvc: the prime: tee times open for lull fee payins customers.
Our final proposal is to initiate a reservation fee in which golfers witt be charged for making
advanced reservations from 8 to 30 days away. This is a service that would aUow solfers to plan
further in advance to play and lend a competitive advantage ror Chula Vista to attract business.
We would charge $1.00 per person weekdays and $2.00 per person on the wc:ckc::nds. This would
not effect the men's or ladies clubs.
Chula Vista Golf Course is currently in the best condition that it has been in for years and these
proposed rates fit weU in the market and with the product and service delivered at Chuta Vista. 1
hope you find this proposal satisfactory and I look forward to discussing it with you soon.
Sin....ly. ~ ~ -
~ç
Tom Frost
Regional Vice President
,.
/~7
fle Ch Rt (dll)/1 Office, t)ooo EUI Allllhilim 9tHIliI. LolIlJ 6\tdCh. California 90604. To::l.-..pl)One 1310) 494-0044. f'ð- (3101 4~H\.<I~i 1:.1
"
" ..
...
. Attachment A-2
' , Mr. Jess ValelttUeJa
May 24, 1994 -
Page. 2
PROPOSED RATES FOR CHULA VrST A GOLF COURSE
WEEKDA V
Type Currlnt Pruposed -
Resident 18 $1400 1$,00 -
Non-Resident 18 .
$J 8.00 18.00
Resident 9 $9.00 9.00
Non-Resident 9 $J 1.00 1] .00
Resident Twilight $JO,OO 10.00
Non-Resident Twilight $12.00 12.00
Resident Senior. $7,00 7.50
Senior Ticket" $40.00($1.00 per round) $40.00($2.00 per round)
-Regular senior rate stays at 50% of resident 18 bole rate. All senior discounts available on
reservntions before 9;00 A.I1\. and aftcf 12.00 noun Monday through Friday and an>'time Monday.'" -
through J:'ridQY off the waiting list.
WEEKENDS
Type Current Proposed
Resident] 8 $18.00 $J 9.00
Non-Resident J 8 $24.00 $24.00
Resident 9 $10.00 $10.00
Non-resident 9 $13.00 $13.00
Rcsident Twili¡ht $11.00 511.00
Non-Resident Twilight $14.00 $14.00
Reservation Fee for reservations from 8 to 30 days in advance. $1.00 per person weekdays. $2.00
per person weekends.
-
If:~
~
Attachment B-1
August 12, 1994
To: Jess Valenzuela, Director, Parks & Recreation
From: Ricke Crochet
Re: Request for Rate Increase
In response to the request of the Parks and Recreation Commission on 7/21/94 to
supply supporting information for American Golfs request for a rate increase, I submit the
following for your review and report to the Commission.
A. Regarding the increase ftom $14 to $15 in the weekdays resident discount green
fee:
1. Our statistics show that this fee category represents only 15% of total weekday
players or 10,624 players per year.
2. This increase in revenue of$IO,624 is only one half of one percent of total
revenues.
3. This modest increase in revenue will in no way compensate for capital
improvements, repairs and increases in expenses incurred in the past year. It will,
though, allow our rates to remain competitive with comparable area golf courses.
4. Our maintenance costs including seed, soil, fertilizer, utilities and supplies has
increased 6.8% over prior year. This represents a substantial increase in the cost
of doing business.
5. Labor costs this year are running 10% over prior year due to salary increases,
increased work force to handle projects and improvements and rising employee
benefit costs.
6. From 1987 to now, American Golfhas expended over $850,000 in capital
improvements and repairs to include:
$20,000 Refurbish/resurface parking lot, cart staging area and Pro Shop
entrance.
20,000 Rebuild #13 Green, install cart path tee to green (Sept/Oct, 1994)
36,000 Repairs to underground storage tanks.
108,000 Rebuild nine greens in 1993/1994
7,500 Cart path #15 green to #16 tee
9,000 #18 cart path and bridge
17,000 Redrill # 13 ground water well
8,000 Reroof maintenance building
15'9
Attachment B-2
18,000 Driving range netting
16,000 Redrill # 18 ground water well
24,000 Sand bunker refurbishing
475,000 Construction of flood control channel
84,000 Rebuilding of8 greens (1987/1991)
In addition, the floods of 1993 reduced our revenue last year by $500,000 and we
spent over $120,000 in storm cleanup and repairs.
B. Regarding the restriction of senior reservations fÌ"om 9 AM to 12 PM weekdays:
1. From 7/1/93 to 7/1/94 senior play accounted for 23,986 rounds. This
represents 34% of total play weekdays.
2. The above rounds average to 92 senior players per day of which 27 play
between 9 AM and 12 PM.
3. In the 9 AM to 12 PM time ftame, seniors represent 36% of all play.
4. 70% of all seniors now play before 9 AM or after 12 PM.
5. The 9 AM to 12 PM time fÌ"ame represents only 24% of times available on a
yearly average. There is more than ample availability of reservations available now
to accomdate these 27 seniors before 9 AM and after 12 PM.
6. Seniors would still be able to play ftom 9 to 12 on a standby basis and still pay
only their senior rates.
7. The City of San Diego has raised the senior monthly card at ToITey Pines to
$47.50 per month. We are not asking for an increase in the monthly pass. We are
only asking for the opportunity to reserve the prime times or "box seats" on the
golf course at prime rates which benefits both us and the City. As I mentioned
above, we feel that there will be very adequate space for all seniors to play golf at
their discounted rates.
8. As a comparison, the City of Long Beach restricts all discount programs
between 8 AM and 12 PM, Monday throught Friday, but they are allowed to play
on a standby basis.
C. Regarding the surcharge on reservations fÌ"om 8 to 30 days in advance:
1. Reservation fees have become very common in the golf industry as a tool to
increase rounds, impact revenue and provide a needed convenience to the golfing
public.
/5; Id
Attachment B-3
2. 50% of all prime times will be held for Men's Club, Ladie's Club and American
Golf club (50 local members at Chula Vista) for 7 day out reservations.
3. The golfers that we will attract with advanced reservations will be those who
have not ordinarily been able to obtain prime tee times in the past. These players
will not only bring additional revenue to the golf course, but to Chula Vista's
hotels, restaurants, retail outlets and other businesses.
In Conclusion:
We feel this proposal is more than fair for the patrons of Chula Vista Golf Course
and competitive with other local courses. Also, we feel that we have invested in the future
of the course by putting our rate increases back into the improvement of the course and
facilities.
Very respectfully,
f
"
Ricke Crochet
General Manager
Chula Vista Golf Course
/ýl/
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/5-/~
COUNCIL AGENDA STATEMENT
Item Iv
Meeting Date 09/13/94
ITEM TITLE: Report: Retaining Municipal Code Section 17.10 .100 language to permit
payment of required park fees 60 days after final map approval
SUBMITTED BY: Director of Parks and Recrea~
REVIEWED BY: City Manager t;f {~ (4/5ths Vote: Yes - No XJ
k~
On May 24, 1994, the City Council approved an amendment to Municipal Code Section 17.10 .100 of
the Parkland Dedication Ordinance to allow Park Acquisition and Development Fees (PAD) to be paid
within 60 days of approving the final subdivision map, approved by the City Council, provided that
appropriate security was provided. The ordinance amendment was in response to problems the
development community was experiencing in securing monies from lenders until certain legislative
approvals were completed. For example, some developers needed Final Maps approved but lacked the
resources to pay the PAD fees prior to the approval of their Final Map. The interim ordinance
amendment was designed to assist developers in securing financing from lenders; thereby facilitating
residential construction. Staff informed Council that another report would follow which evaluates other
park fee payment options that could be of mutual benefit to the City and development community. This
report evaluates additional options to pay PAD fees at a point other than Final Map; and recommends
the Ordinance's recently amended language be retained.
STAFF RECOMMENDATION: That the Council approve the retention of the current language in the
Parkland Dedication Ordinance to allow Park Acquisition and Development Fees (PAD) to be paid within
60 days of approving the final subdivision map.
BOARD/COMMISSION RECOMMENDATION: On August 18, 1994, the Parks and Recreation
Commission voted (4-0; Helton, Carpenter out) to support the retention of the current ordinance language
to permit payment of required park fees 60 days after final map approval. (Minutes attached as II A ")
DISCUSSION: For the past several years, various developers in Chula Vista have inquired about
changing the point in time when PAD fees are paid. The existing ordinance calls for payment of park
fees within 60 days of approval of the Final Map for a given development.
Legal Issues
The time ~hen PAD fees are paid is directly linked to the State of California Subdivision Map Act and
Quimby Act.1 The law allows cities the flexibility to require payment of park fees at various points in
the development process.
I The Quimby Act was established by the California Legislature in 1965, in response to
California's increased rate of urbanization and the need to preserve open space and
provide parks for California's growing communities.
[PDQ - pdo-l.A13] 1
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Page 2, Item I ¡,
Meeting Date 09/13/94
The Subdivision Map Act states:
66477.0(2) Fees shall be payable at the time of the recording of the final
map or parcel map or at a later time as may be prescribed by local
ordinance.
The purpose of securing payment of PAD fees prior to construction is to enable communities to have
parks in place before there is an impact. If park facilities are not provided prior to resident occupancy,
the park açreage standard of 3 acres of parks per 1,000 residents may be compromised because new
residents are in the City and a park is not yet available.
As noted earlier, Council approved an interim amendment to the Ordinance which states:
17.10.100 A. Prior to the recordation by the City of a final subdivision
map or recordation by the City of a parcel map or release of either a
final subdivision map or parcel map to a developer for recordation, any
required fees shall have been paid to the city unless an agreement has
been entered into between the City, approved by the City Council, and
the map applicant providing for the subsequent payment of the fee but in
no event later than 60 days after map approval. Said agreement shall
provide that such payment shall be, to the satisfaction of the City
Manager and City Attorney, adequately secured by sufficient surety or
letter of credit, and which shall further provide for interest from date of
final map approval at City's average earnings rates, computed and
compounded quarterly, experienced by the City on its average
investments (as determined by the City) ("Based Interest Rate") for the
first 60 days after map approval, and thereafter at the Base Interest Rate
plus two percentage points until paid, together with any attorney fees and
costs incurred in enforcing said agreement. Notwithstanding any other
provision of law, City may withhold final or interim inspection of units
for which building permits may have been issued and may withhold
issuance of additional building permits, certificates of occupancy if
applicable, or any other processing of entitlements on any property or
improvements included within the territory of the map so approved or
otherwise owned by applicant, until the required fees are received by the
City. Any land to be contributed for the purposes outlined in this
chapter shall be dedicated to the city and shown on the final subdivision
or parcel map at the time of approval. The Director of Finance shall be
responsible for the collection and distribution of fees as set forth in this
chapter. Fees collected for neighborhood and community parks shall be
kept in separate funds. However, the City shall have the ability to shift
fee amounts between the neighborhood and community park funds when
necessary.
[PDQ - pdo-2.A13] 2
I" ,;1.
Page 3, Item / ¡,
Meeting Date 09/13/94
This above mentioned language took the place of the previous language which stated:
Prior to the acceptance of a final subdivision map, or approval of a
parcel map, any required fees shall have been paid to the city.
Background
The City has historically utilized two methods for the provision of park facilities through the Parklands
and Public Facilities ordinance: (1) the direct payment of PAD fees to the City, and the City provides
the facilities; or (2) the developer/subdivider provides (through development agreements) land and/or
facilities in the new subdivision. Parkland and recreation facilities in the eastern territories have been
provided by the developer through a "turn-key" approach. In most cases, the developer exceeded the
City's minimum park requirements. In the western Chula Vista, PAD fees have been paid to the City
by developers. The main reason for the differences between east/west PAD fee payment has been the
availability of land in the east. In contrast, the west is built out and the developer has customarily
developed on in-fill lots in an existing urban area. Accordingly, it has been impracticable for the
developer in the west to donate land or build park facilities to serve the new housing. Consequently,
PAD fees are paid to rehabilitate or improve existing park facilities to lessen the impact of additional
residents using the facilities.
Council Action Pertaining to Deferral of Fees through Agreement
In early 1993, with the economy still affecting the construction industry, a developer expressed concern
about when PAD fees should be paid. This Department and the City Attorney's Office developed a
process to alleviate the burden of payment of fees at Final Map. The developer was willing to enter into
an agreement with the City whereby the payment of PAD fees would be deferred until the issuance of
building permits. However, if the building permits were not issued; the agreement with the developer
contained a condition which obligated the developer to pay the PAD fees within 10 years with 7 % interest
per annum. The Attorney's argument to condition the developer to pay the fees even if building did not
occur, was in answer to an equity issue whereby previous developers have been required to pay PAD fees
at Final Map, whether they built or not.2
On May 24, 1994, in conjunction with the change in the ordinance language to the 60 day payment of
park fees following approval of final map, the Council also approved an agreement with the Baldwin
Company for Telegraph Canyon Estates (the fourth and final map on the project). The approval of the
agreement resulted in the changes to the ordinance. At the time the Ordinance was revised, however.
City staff informed Council that this ordinance amendment was an interim solution to assist a developer
during tight economic times to be able to construct new housing for the community. The minutes from
the May 24th meeting are attached as "B".
2 The Engineering Division advises that the developer (Villa del Rey Condominiums) who
has the 10 year agreement with the City, for deferred payment of Park fees, has not
commenced construction of the project.
[PDQ - pdo-2.A13] 3
/¡'~.J
Page 4, Item / ~
Meeting Date 09/13/94
Options for an Amendment to the Parklands and Public Facilities Ordinance
There are five (5) options to consider for the payment of PAD fees:
A roval of Final Ma
This Option would retain the recently amended Ordinance language to provide for payment 60 days
following approval of the Final Map. Retaining the amendment would have a minor fiscal impact to the
City in the sense that it will delay receiving park funds for 60 days. However, interest will be charged;
thereby mitigating any negative fiscal impact. The amendment made no substantive change to the existing
Ordinance.
Staff informed Council that this Ordinance would be evaluated along with other payment options to
achieve a balanced approach to fee payment that would benefit the City and the development community.
The broader issue to consider is whether PAD fees should be paid at time of map, at time of building
permit, or at Final Inspection (time of occupancy).
Option #2 - Ordinance Requires Pavment of PAD Fees Prior to Final Map Approval
Return to the original language in the Ordinance which required fees to be paid prior to the approval of
Final Map. The advantages to the City are the receipt of funds in advance of building; whereby the City
can utilize the funds to provide parks and recreation facilities and amenities far in advance of residential
occupancy. Disadvantages are to the builder; wherein funds are paid in advance of building, which may
or may not occur. In addition, because of the slowdown in the building industry, it has become
increasingly difficult to secure financing until a Final Map is recorded, or building permits are issued.
In previous years developers had the up front capital to pay many of the required fees. However, this
is no longer the case because lending institutions have become increasingly stringent in providing funds
until there are assurances that home construction and sales would indeed occur. Such assurances have
been financially linked to final map approval.
Option #3 - Developer Enter Into Aereement with Citv
Option #3 presents the opportunity of lengthening the time for payment of PAD fees by having the City
enter into an agreement with the developer to pay fees at a later date. As discussed under the
"Background" section of this report, the City has already entered into an agreement with Villa del Rey
Condominiums. The advantage of Option #3 is to the developer in the ability to delay the payment of
fees. The disadvantage to the City is the unknown time line for receipt of PAD fees; thus making
planning for the development and construction of park and recreation facilities difficult.
Prior to the recordation by the City of a final subdivision map or recordation by the City
of a parcel map or release of either a final subdivision map or parcel map to a developer
for recordation, any required fees shall have been paid to the city unless an agreement
has been entered into between the City, approved by the City Council, and the map
applicant providing for the subsequent payment of the fee but in no event later than 60
[PDQ - pdo-2.A13] 4
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Page 5, Item Æ
Meeting Date 09/13/94
days after map approval. Said agreement shall provide that such payment shall be, to the
satisfaction of the City Manager and City Attorney, adequately secured by sufficient
surety or letter of credit, and which shall further provide for interest from date of final
map approval at City's average earnings rates, computed and compounded quarterly,
experienced by the City on its average investments (as determined by the City) ("Based
Interest Rate") for the first 60 days after map approval, and thereafter at the Base Interest
Rate plus two percentage points until paid, together with any attorney fees and costs
incurred in enforcing said agreement. Notwithstanding any other provision of law, City
may withhold final or interim inspection of units for which building permits may have
been issued and may withhold issuance of additional building permits, certificates of
occupancy if applicable, or any other processing of entitlements on any property or
improvements included within the territory of the map so approved or otherwise owned
by applicant, until the required fees are received by the City. Any land to be contributed
for the purposes outlined in this chapter shall be dedicated to the city and shown on the
final subdivision or parcel map at the time of approval. The Director of Finance shall
be .responsible for the collection and distribution of fees as set forth in this chapter. Fees
collected for neighborhood and community parks shall be kept in separate funds.
However, the City shall have the ability to shift fee amounts between the neighborhood
and community park funds when necessary. Pavment of fees shall be made as provided
under this section: unless an agreement. either constituting a lien against the land and
dulv recorded with the recording of the final map. or bonded by a sufficient surety.
providing for the payment of fees at a designated time after the recording of the final
map. or on demand bv the Citv Manager. but not later than the time building permits are
issued. and in a amount of fees in effect at the time pavment is required. shall be
approved by the City Council.
Option #4 - Require Pavrnent of PAD Fees at Time of Buildine: Permit
Amend the Ordinance to remove the current language regarding the 60 day payment period, and a new
method of payment would require the developer/builder to pay the PAD fees prior to the issuance of
building permit. In addition, the developer/builder would be obligated to enter into an agreement with
the City for payment of fees by a date certain to guarantee that all PAD funds are collected to ensure the
construction of all required park and recreation facilities affiliated with the new development's impact.
:;i~~:" ~a .::e.anlaiioR .y tile City af e fiBa s""àivioioR RIa ! ar re.onlali:: ';; ~;OC:Z
~: a ~~~:~ map or release of eIther a fiaal sHbdIVIS10R ~ or parcel me¡;> a e' I :
for rwe,ootioa, I!fty ra""irOt! fee, ,Ball hove been ~.id te the. city ¡¡¡¡¡"", ~~:~
~:~ ~~ .:~ered mto betweeR the CIty, appro'¡ed by the CIty CoHRcll, . u
applicaRt providiag for the ~HbseqHf:JRt paymeRt of !he fee 13m iR RO eveRt l~~;~ ~h:f ~
days after map e¡;>proval. SaId agreemeRt shall provIde that sHch payment sh. e, t. e
satisfactiOR of the City MaRager aad City :\ttoraey, adeqüately secHred by ;~ffi;i;~
surety or letter of credit, aM whÎeh shall further provide for iRterest from date of final
~ 7~~~~~'al at City's a'/erage eamings rates, coæpHted ami compounded qaarterly,
experienced by the City oa its average iw¡estæeRts (as determiÐed by the City) ("Based
[PDQ - pd<>-2.AI3] 5
1&'.5'
Page 6, Item &
Meeting Date 09/13/94
Interest Rate") for the first éO.days a~er ~ap approval, ~d thereafter at the :ase ~n~~=:
Rate plus t\':o pereemage pOlRts uHtIl paId, together 'lnth any attorHey fe s an
~~r:~ ~ enforeiRg said agreemeHt. NotwithstandiRg aHY other provision of la'll, City
may withhold final or interim inspection of units for wl'lÍeh buildiRg perm.it~ :y ~a::
been issued and may withhold issManee of additional lmildiRg permits, ee i i ate
~~~~~~cy if applicable, or an)' other preeessiRg af eHtitlements on any property or
imprøvements iRelMcted within the territory of the map so approved or otherwise owned
by applieaHt, until th~ req~ired. fees are received by t~e City. .^.ny l~d to b; ~~:r~~:~d
for the pmposes outllRed lß thIS chapter shall be àeàlcated to the cIty aHd she. . .e
fiHaI sMbdi'/ision or parcel map at the time of approval. The Direetor of Pi;:;; ;::~
be respoflsible for the collection and distribution of fees as set forth in this aha .
collected for Reighborhoad and eoflHffi:lnity parks shall be kept in separate funds.
Ho'weyer, the City shall have the ability to shift fee amounts between the Heighborh;;;;d
and eoflHffi:lnity park funds when necessary.
Any required fees shall be paid to the City on the date of map approval except that, as
to Park Acquisition and Development Fees ("PAD Fees"), PAD Fees shall be paid on the
date of map approval unless Developer and City shall have entered into an agreement by
which the Developer ~rømises to pay the PAD Fees for the first 50 % of the entitled units
at the time building permits are issued and promises to pay all remained PAD Fees for
all outstanding entitled units at the time the building permit is issued for the unit which
constitutes the mid-point of all units entitled by the apprøved map. The Agreement must
provide that PAD Fees shall be paid at the rate in effect on the date payment is required
bv this provision. and must prøvide that the City shall not be obligated or required to
issue any building permits until the required PAD Fees are {Jaid. Anv land to be
contributed for the purposes outlined in this chapter shall be dedicated to the city and
shown on the final subdivision or {Jarcel map at the time of approval. The Director of
Finance shall be responsible for the collection and distribution of fees as set forth in this
Chapter. Fees collected for neighborhood and community parks shall be kept in separate
funds. However. the City shall have the ability to shift fee amounts between the
neighborhood and communitv park funds when necessary.
The advan.tages of this option are: (1) The developer will be alleviated of the obligation of payment of
PAD fees at Final Map, when securing financing for a project is difficult; (2) By requiring full payment
of PAD fees at 50 % completion of the prøject, the City will be collecting fees prior to full build-out of
the project. The City would be able to commence construction of applicable facilities prior to the
buildout of the project, thus benefitting existing residents already in the project; and (3) Payment at
building permit stage is feasible administratively in that the developer is already paying the majority of
fees associated with housing at this point; and the City has a process in place for fee collection.
The major disadvantage to the City is that there may be an indeterminable time lag in prøviding park
facilities before residents occupy a building. Payment at building permit would also delay receipt of
funds to the City for use in constructing park and recreation facilities for the project.
[PDQ - pdo-2.A13] 6
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Page 7, Item /~
Meeting Date 09/13/94
As mentioned above, however, when developers provide parkland and/or facilities, the installation of
these facilities are provided before resident occupancy. It should also be noted that this change to the
Ordinance would not affect the process whereby a developer/subdivider provides (through development
agreements) land and/or facilities in the new subdivision. The developer will still be obligated to have
the dedicated land and/or facilities accepted by the City Council when the Final Map is approved
(Subdivision Map Act, Section 66477.1.
A survey of several cities in San Diego County (Attachment "C") revealed most cities who collect PAD
fees permit collection of PAD fees at the issuance of building permit. A general theme expressed by staff
from these cities indicates that there is a minimal impact, other than the initial delay in the collection of
fees and the City's ability to fund park facilities as quickly as Chula Vista. However, in discussions with
these cities, it was noted that most cities have utilized the building permit payment process for many
years, or since the cities were incorporated, thus giving them no history as to the impact a change in
point of payment would have on their ability to provide park and recreation facilities in a timely manner.
Option #5 - PAD Fees Paid Prior to Final Inspection or a Date in the Future
Amend the Ordinance to remove the new language regarding the 60 day payment period, and a new
method of payment would require the developer/builder to pay the PAD fees prior to Final Inspection.
Prior to the reeordatioa by the City of a fiaal sübåivisioa mat> or reeordatioa by the City
of a parcel map or release of either a fiHaI s1:1bdiyision map or pareel ~ to a developer
for reeoråatioa, any reqüired fees shall have beea paid to fhe city üaless aa agreement
has been entered imo betweea the City, approved by the City CoüacH, and the map
applicant providiag for the sübseE}üeat payment of the fee büt ia ao event later thaa 60
da)'s after map appro'lal. Said agreement shall provide that sueh payment shall be, to the
satisfactioa of the City Maaager aHd City ,^..ttoffley, adeqHately secüred by suffieient
surety or letter of credit, and which shall further provide for iaterest from date of final
map approyal at City's ayerage eaffliags rates, eompüted aaå eoffi 3oüadeå qHarterly,
eKperieneed by the City oa its average iavestments (as determined by the City) ("Based
Interest Rate") for the first 60 days after map appro':al, and thereafter at the Base IRterest
Rate plüs two perceatage poiats üatil paid, together with aflJ attoraey fees and eosts
incurred in eaforeing said agreement. Notwithstaading any other provisioa of law, City
may withhold final or iaterim iaspectioa of ünits for 'Nhieh büildiag permits may have
beeR issüed aad may withhold iss1:1anee of additioaal büildiag permits, certifieates of
oce-tij3ancy if applieable, or aflJ other proeessiag of entitlemems oa aflJ property or
improyemeats iae1üded withia the territory of the ~ so approyed or otherwise owaed
by applieant, üntil the reqüired f-ees are reeeived by the City. ,^..flJ land to be eontributed
for the pürposes oütlined ia this chapter shall be dedicated to the city aM showR OR the
fiHal sübdivision or parcel map at the time of approyal. The Direetor of PiRaace shall
be respoasible for the eollectioa aRd distribHtion of f-ees as set forth ia this chapter. Pees
collected for aeighborhood and eol'FlHRlRity parks shall be kept in separate fuRds.
Howeyer, the City shall have the ability to shift fee amoüats between the neighborhood
[PDQ - pdo-2.AI3,1 7
/¿,-1
/
Page 8, Item ~
Meeting Date 09/13/94
and eofl1lÐHnity park funds '::aen neeessary. Prior to the Final Inspection. any required
fees shall have been paid to the city.
This Option could also be expanded to allow flexibility to the developer by extending the time period for
payment of fees is extended beyond the date of the issuance of building permit. Staff suggests that this
time period not exceed 120 days following issuance of building permit; however, any proposed time
period is at Council's option.
The advantage of this option is to the developer. The developer/builder receives a longer period of time
available for payment of fees. There can be a 120 day time period between the issuance of a building
permit and the Final Inspection. The disadvantages are there is a likelihood that there may be protracted
delays affecting the Final Inspection, particularly, if there are some construction defects that need to be
corrected. Also, the delay in funds would mean that the residents would not enjoy the park facilities for
a significant period of time. In other words, under this scenario, the residents would have already
occupied the homes; thus creating a park impact/deficiency, and park construction would lag behind
because of the park financing delays.
Note: Option #5 has not been offered by staff, but by the development community. The development
community has been notified, by mail (with a copy of this report), that this information will be presented
to the Council.
SUMMARY: It is staff's recommendation to approve Option #1 and retain the recent amendment to
the ordinance to collect PAD fees 60 days following approval of final map. The current language offers
both the developer/builder and the City the most reasonable mechanism for financing the project, and
receiving the funds.
FISCAL IMPACT: The approval of the amendment to the City's ordinance pertaining to the timing of
the payment of PAD fees would delay the City's collection of such fees, by 60 days.
Attachments: "A" - Minutes of August ~parks and Recreation Commission Meeting
"B" - Minutes o~~ 4 Council Meeting
"c" - Survey ~ ego County Cities
[PDO - pdo-2.A13] 8
I¿" Y
COUNCIL AGENDA STATEMENT
Item 17
Meeting Date 9/13/94
ITEM TITLE: Report on Waiving Development Impact Fees for Religious and Non-
Profit Public Service Organizations, Scheduling a Public Hearing for
October 25, 1994, Authorizing Rebate Pending Final Determination of
Policy, and Appropriating Funds for the Rebate
SUBMITTED BY: Director of Public Works JtV"
REVIEWED BY: ú"(¿
City Manager /.l.J
kcl) (4/5ths Vote: YesXNo_>
BACKGROUND:
In past actions, Council has waived fees for religious institutions for the Public Facilities DIF,
but has not waived fees for the Street DIF or other development related infrastructure fees.
Council requested that staff prepare a report of waiving fees for not only religious organizations,
but also non-profit public service organizations.
In order to lessen the impact of commuter trips on the streets and highways of the region and
to improve air quality, Chula Vista is exploring ways to provide Park and Ride facilities. This
report will also address the combination of TransDIF fees and providing for Park and Ride lots
in church and other non-profit public service organization properties.
RECOMMENDATION: That Council review this report, schedule a public hearing for
October 25, 1994 on the issue, authorize a rebate of 90% of Transdif fees to the First United
Methodist Church until a final decision is made on fee .policy for Religious and non profit public
Service Organizations.
This report recommends that Council:
1) Allow non-profit public service organizations to pay for the TransDIF Fee over an
extended period of time and as development phases. Tiered payments shall be subject
to an agreement satisfactory to the City Attorney.
2) Not charge square footage charges for major slopes not used as set back requirements.
3) At the Public Hearing on October 25, 1994 consider deferring the payment of the
TransDIF Fee, if the organization enters into an agreement to provide a Park and Ride
Facility on their property.
BOARDS AND COMMISSIONS RECOMMENDATIONS: None
11-1
Page 2, Item )7
Meeting Date: 9/13/94
DISCUSSION:
Staff can appreciate the predicament that organizations that are financed by charitable
contributions find themselves in when they have saved for years and finally come to the City for
a permit and find that they have $40,000+ in additional fees before they can get their permit.
Two of the new area churches had payment of their TransDIF fees temporarily delayed pending
the outcome of the Council hearing and policy adoption with the promise to pay should the
Council require payment of TransDIF fees for non-profit public service organizations. One
church, the First United Methodist Church, however, paid their TransDIF fees prior to getting
a building permit. They have requested that their fees be returned pending the outcome of this
issue. They have indicated a willingness to enter into an agreement with the City to allow their
parking lot to be used as a park and ride lot. The fee paid by the Church was $47,196. They
have also agreed to pay back the fee if the final decision of the Council is not to consider a
waiver or payment plan for the fees. (Attachment A)
RESPONSE FROM RELIGIOUS AND COMMUNITY SERVICE ORGANIZATIONS
Staff worked with the Community Purpose Facilities Task Force in order to review this fee issue
for the TransDif fee. Staff has complied with their recommendation (Attachment B) by
recommending not charging for slopes and allowing the facility to pay for the property as it
developes (phases), and to pay for the charges over time, (ie 10 years at an interest rate charged
for assessment districts).
Father John Proctor, Jr. representing the Corpus Christi Catholic Parish, authored a letter
(attachment C) dated March 5, 1993 and cosigned by Representatives of the Victory Lutheran
Church and First Methodist Church of Chula Vista. His position was that the city should waive
development impact fees for churches, because D IF fees are in lieu of taxes caused by the
shortage of funds after Prop 13. Also that Churches provide services to new development and
to charge them fees, making is harder for them to provide these services could result in a further
burden on Cities for like services.
Staff believes that the service provided by these organizations needs to be related to
transportation. These fees are being charged to everyone based on trip generation whether or
not the organization provides a service. Later on in this report a park and ride program is
recommended whereby a church or community service organization could provide parking for
park and ride facilities and have their fees deferred during the time period they provide the park
and ride facilities. If they were to receive credit for non-transportation services, then another
city fund or program should pay their share in exchange for the other services.
DIF FOR STREETS
Prior to 1985, major streets were installed by developers as conditions of development. This
resulted in less than an adequate method to assure facilities when needed. Also, roads would
be built as two lane; then four lanes, etc. causing disruption to traffic as each increment was
constructed. The TransDIF provided a means to accomplish several objectives:
\l"~
Page 3, Item R
Meeting Date: 9/13/94
1. To provide a system that will equitably spread the cost of over $100 million of major
streets for the eastern area without burdening the General Fund.
2. To provide a system that will still require major developers to install major streets as a
condition of development, but will provide credits for their future projects, or
reimbursements for their expenses that were above their proportionate responsibility.
3. This system, in conjunction with the Transportation Phasing Plan, will provide for
construction of the streets when they are needed.
The TransDIF, therefore, is an alternate method to install improvements that require all new
development in the benefitted area to pay a fair share. If the TransDIF were not in place, then
each development project would have to construct a portion of each major street project.
Developers that had property to sell to churches or non-profit public service organizations would
include the cost of off-site improvements in the land costs. Thus, the TransDIF fee is not really
a tax, but another way to build a property's fair share of a facility. This is not the case for the
Public Facilities DIF (PFDIF) which is used to finance general purpose municipal facilities such
as Civic Centers, Libraries, Corporation Yards, and Fire Stations, that had in the past
traditionally been financed by general taxes, or General Obligation Bonds, instead of Subdivision
exactions. The City has waived the Public Facilities DIF fee for religious institutions and non-
profit public service organizations.
In the past, churches provided for major streets to the extent that developers prorated the costs
of their off-site public improvements to the properties they sold. Furthermore, if religious or
public service institutions developed a property on a major street, they were required to install
the street improvements. In addition, developers are currently using assessment district
financing quite extensively to recoup the cost of constructing the major backbone facilities. In
such cases the property sold to churches already have the TransDIF applied to the property in
the form of an assessment. In those cases, the fee cannot be waived without affecting the entire
district.
In staff's opinion, churches generate trips. There are services that are required to operate the
facility. They receive mail, have employees, and usually have members outside of the
immediate neighborhood that use major streets traveling to church. The generation rate we are
charging churches is no more than for a single family neighborhood. Furthermore, when
Council reviewed this issue in December, 1990, the fee for churches was locked in at 4 EDU's
(40 trips) per acre, which agreed with the daily rate suggested by SANDAG, but at a lower fee.
Churches were kept at the previous fee of $2,850 per EDU while all other TransDIF fees were
raised to $3,060, the current fee. It should be noted that SANDAG indicates that the trip rate
should be tripled for sundays (or the day of assembly). Thus, the rate applied to churches
reflects only the local traffic and not the business type traffic which would come from outside
the local community.
Based on the above arguments, staff would not recommend a complete waiver of that fee.
In arriving at the staff reocmmendation several issues and questions are explored including:
)'1, 3
Page 4, Item 1l
Meeting Date: 9/13/94
8 Financial impact on the TransDIF fee if some properties are exempt.
8 Equity issues such as some non-profit public service organizations being on
property with the TransDIF included as an assessment on the property which
could not be waived.
8 Constitutional issues.
8 State law provisions for exemptions.
8 If exemptions are not allowed, how can assistance be given to non-profit public
service organizations and religious organizations.
FINANCIAL IMPACT ON the TRANSDIF PROGRAM
At this point, staff cannot estimate the total impact on the program if waivers are to be given
to religious and non-profit public service institutions. It would be next to impossible to know
the impact of public service institutions, since the first real task would be to determine what
institutions would qualify for waivers. Obviously the more that qualify, the greater the impact
on the TransDIF program. The City has adopted a ratio of 1.35 acres per 1,000 population in
the new General Plan area for community purpose facilities. The ratio of people to dwelling
units in Chula Vista is 2.7. The TransDIF program has 25,144 DU's which would represent
67,889 people or 91.7 acres of public service units. At 4 trips per acre this represents a total
loss of $1, 122,400. The revenue loss is not a significant amount of the total program since it
represents a little over 1 % of the total collections. However, in order to provide the necessary
facilities, additional fees would have to be paid from properties not anticipated in the program,
or every other property would have to be raised an amount necessary to generate the total
amount of funds necessary to build the facilities or the fee would have to be raised
approximatley 1 %.
EQUITY ISSUES
If churches and non-profit public service institutions are in an assessment district, they will
continue to pay the assessment that is on their tax bill. If this were not the case, bond holders
could not be paid back. If the district is formed prior to the designation of a parcel as a church
or non-profit public service use, then it will be assessed the rate based on its underlying zoning.
If it is known at the time of the assessment that the use will be a church or non-profit public
service organization, then the assessment could be reduced or eliminated.
What is happening in the eastern area is that virtually all the properties are being included in
assessment districts. Since it is a City requirement that the major infrastructure be installed
ahead of its need, in the majority of the cases, a district will be put on the properties before they
are designated for religious or non-profit public service uses. This is particularly true for the
latter case, since often times a non-profit public service institution will locate in a commercial
zone. However, there are 4 or 5 church sites that have built or are anticipating building or
expanding, that are not in an assessment district. They could, therefore, have their fees reduced
or waived without affecting assessment bonds.
CONSTITUTIONAL ISSUES
The City Attorney has informed staff that the primary constitutional issue is related to singling
out religious institutions from a fee program. Staff is recommending that the fee not be
\1"~
Page 5, Item R
Meeting Date: 9/13/94
exempted, but that the fee be based on the type of use of the facility which is related to traffic
flow. Other institutions that have heavy use once per week, like service clubs, could also be
given a reduced fee because their average daily traffic is less. The fee for religious institutions
that meet once per week, with smaller uses during the week, are given a trip rate of 4 equivalent
dwelling units per acre which, as indicated above, are tripled on the day of assembly. Since all
charges are based on trip generation rates, staff believes that a reduced fee doesn't single out
churches. Also, the larger traffic generation on the day of assembly usually does not occur
during peak traffic hours and the roads do not have to be designed to accommodate it.
STATE LAW PROVISIONS FOR EXEMPTIONS
The TransD IF program must conform to the provision of Section 66000 of the California
Government Code. The Code requires that a nexus be established between the fee requirement
and the facilities constructed. Thus, if fees are for transportation, and trip generation is the
basis for the fee, it would appear to staff to not conform to the provisions if some of the trip
generators were not paying their share.
IF EXEMPTIONS ARE NOT PERMITTED, HOW CAN ASSISTANCE BE GIVEN?
If a religious or non-profit public service institution is located within an assessment district, they
would not have to pay the TransDIF at the time of building permit, but would pay the annual
assessment with their property taxes. For those properties not within an assessment district, the
City could allow religious and non-profit public service institutions to pay their fee over a period
of years instead of prior to issuance of the building permit. This would soften the financial blow
and allow an organization to plan a much lower charge as an annual budgetary item. This
alternative would require a department, such as Public Works or Finance, to annually bill the
church or non-profit public service organization. Properly securing the future payments could
be a potential problem. It is suggested that interest be based on the average of the previous 12
months rate for assessment districts. That process would have to be worked out with the
Attorneys office.
Non-profit public service organizations normally build their facilities in phases rather than
building out the entire property at once. Presently the TransD IF is calculated on an acreage
basis and is charged at the time the property is first developed. If we charged on phased
development, we would have to enter into an Agreement with the institution, properly secured,
that would address when the fees would be due (i.e. how much for each phase), and how
payments would be collected.
Presently all non-residential properties are charged based on the area of their lot. In the eastern
areas, many lots have major slopes, which cannot be used for development or are in excess of
set back requirements. It is recommended that staff be directed to charge these uses based on
the usable square footage of the lot. For instance, if a small slope is used in set back
calculations that can only be landscaped, then that square footage would be charged. However,
if because of site conditions, major slopes are required, that are in excess of set back
requirements, then that square footage would not be a basis of the fee. This option would also
have to be offered to all uses not just Religious and Non Profit Public Service Institutions.
Again, this should not apply to those properties already within an assessment District.
\l,5
Page 6, Item Jl
Meeting Date: 9/13/94
PARK AND RIDE OPTION
Chula Vista and the San Diego region are exploring methods to reduce congestion on the
roadways as well as lessen the production of air pollution. One Transportation Demand
Management (TDM) strategy that is being used by the region is the promotion of ridesharing or
carpooling. Drivers in single occupant vehicles can ride with one or more other drivers of
single occupant vehicles thus removing vehicles from roads for regional or longer trips.
One way to encourage ridesharing is to provide parking lots where single occupant vehicles can
congregate and form multi-occupant vehicles for the commuter trip, or change transportation
modes by riding a bus. Charter buses as well as city buses could stop at these lots to pick up
riders.
Providing a mechanism to remove peak hour trips from the road would remove vehicles from
the road and thus allow more person trips on a road without widening the roadway two or more
lanes. Building Park and Ride lots would aid in removing peak hour trips from the road and,
therefore, should be credited in the TransDIF program.
The major use of church parking lots is on weekends or evenings. They have large areas of
parking that go unused during the majority of the week. If they were to allow the use of their
lots for a park and ride program, that use could be considered in lieu improvements for the
TransDIF program.
PARK AND RIDE LOT CREDIT CRITERIA
Staff and the City Attorney have had discussions on how to make this program implementable.
Staff is also working with Caltrans in order to develop park and ride lot needs assessments, and
typical costs that are required to provide the spaces. The tasks that need to be completed in
order to implement the credit program are:
1. Development a needs assessment for parking spaces in the eastern area based on spaces
per EDU.
2. Develop a cost credit per space.
3. Increase the TransDIF to include park and ride lots.
4. Prepare agreements that churches and other non-profit public service organizations should
sign in order to participate.
It is anticipated that tasks 1, 2, and 3 could be completed in time for the public hearing in
October.
REBATE FOR METHODIST CHURCH
For one reason or another the Methodist Church paid their Transdif prior to receipt of their
building permit. They would like their fee rebated until a final decision is made on this issue
\l"~
Page 7, Item 4
Meeting Date: 9/13/94
because they have higher than expected fee to pay for water meters. This report is
recommending that Council allow the fees to be paid over time starting now. However, in order
to invoke a credit system for park and ride facilities, a Public Hearing needs to be held on
revising the TransDif program. Council will not be adopting this program until the public
hearing is held in late October. Therefore, staff is recommending that the Church be rebated
90 % of their fee, provided they enter into an agreement, satisfactory to the City Attorney, that
they will pay the fees in the future, should the park and ride program not be instituted by either
the City or the Church.
CONCLUSIONS
Staff does not support a complete waiver of TransDIF fees for churches and non-profit public
service organizations. There are several reasons, including equity, impact on assessment
districts, conformation of our fee program with State and Federal laws, and the problem of
timing of fees with designation of parcels for religious or non-profit public service use.
However, churches are given a lower generator rate in the TransDIF than other non-residential
uses. Staff also believes that, should religious organizations need assistance, the Council could
allow payment of fees to be spread over a period of years with proper security to assure the
payment.
FISCAL IMPACT
As indicated above, the exact fiscal impact of waiving the TransDIF fee for those organizations
willing to enter into an agreement with the City to allow their parking lots to be used as a park
and ride lot cannot be estimated. Also as indicated above, the loss in revenue to the TransDIF
program, if the fee were waived for all non-profit public service organizations, would be
estimated at $1. 1 million. The fiscal impact of the Park & Ride options will be discussed
further at the time of the Public Hearing on October 25, 1994. The rebate proposed by the First
United Methodist Church is $47,196 at 100% and $42,476 at 90% as recommended by staff.
There are sufficient funds available in the Transportation Development Impact Fee Fund, but
that amount needs to be appropriated.
There are no fiscal impacts resulting from the remainder of staff's recommendations because the
recommendation is not to waive any of the other fees under any circumstances.
JPL:SB
f:lhome\engineer\agenda\church18. way
090894
ATTACHMENTS
A: Letter from Methodist Church requesting rebate v'
B: Community Facilities Task Force Recommendations V
c: Letter from Father John Proctor, Jf..j
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710 Third Avenue. Chula Vista, California 91910
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Church (619) 422-2525 L.> h;J '-.:..!.. .JL
Rev. John Giffin, Sr. Pastor John Rose, Youth Minister
Rev. Richard Ewing, Assoc. Pastor Judy Helton, Christian Education
Sally Dexter-Smith, Administrative Asst. Carolyn Terpstra. Music Director
August 19, 1994
City of Chula Vista
276 4th Ave
Chula Vista, CA 919iO
Attn: John Lippitt, Director of Public Works
Re: Rebate of TransDIF fee
On May 5, 1994, we sent a letter requesting a waiver of fees for the Transportation
DIE The amount that we had already paid was $47,196.
We understand that you are exploring the policy of using Church and other Public
Service Organization's parking lots for Park and Ride facilities in exchange for DIF
credits. We also understand that the full process may take a few more weeks to
complete your studies. We also understand that if a church or public service facility
chooses not to participate in a Park and Ride lot, there is a proposal to allow the
facility to pay their fee over a 10 year period.
We would like the City to return the entire Transportation Fee at this time. We are
willing to enter into a Park and Ride Agreement whereby our parking lot could be
used during the week.
If the final decision of the City does not provide for credits for Park and Ride lots, or
allow payment over time for the TransDIF fee, we agree to pay the City our total
TransDIF fee.
Since we need those funds in order to pay for the water meters, we request that the
rebate be made as soon as possible after Council approval. ,
Sincerely,
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Charlotte Helms, Trustee
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COMMUNITY PURPOSE FACILITIES TASK FORCE
The Community Purpose Facilities Task Force has been
reviewing City-imposed fees and has further reviewed a
proposal concerning some of those fees by the Engineering
Department of the City and recommends the following:
a. Transportation DIF. In general we concur with the
proposal prepared by the City's Engineering Department. We
concur that since unbuildable major slopes do not generate
traffic these slopes be exempted from the acreage used in
calculating this fee. We also concur that most community
purpose facilities build in phases. We differ however on
how the fee is to be assessed. The Transportation DIF is
roughly figured on anticipated traffic generation and that
traffic generation is then translated to an acreage factor
to calculate the fee. It seems reasonable to us that
additional buildings on a site will generate additional
traffic. Therefore we recommend that Community purpose
Facilities be assessed this DIF on a "pay as you go" basis,
with the fee calculated on that part of the property that is
developed and with an additional fee due when subsequent
phases are developed. To offset the possible loss of
immediate income for the city, we recommend that the
Community Purpose Facility be assessed the DIF at the going
rate applicable when subsequent phases are developed.
In addition, we recommend that Community Purpose
Facilities be allowed to negotiate with the City for payment
of the assessed fee, whatever that fee may be, over a period
of time; and that the City establish a policy to do this.
b. Sewer Fees. As we understand it, there are two sewer
fees; the sewer lateral fee and the sewer facilities fee.
Since the sewer lateral fee is a full cost recovery fee, we
think it is a fair fee and recommend it be continued as is.
The sewer facilities fee is based on anticipated flow. For
churches it is figured on an EDU basis with 1 EDU being
equal to 110 seats in the sanctuary and with any portion of
an EDU being rounded up to 1 EDU. We recommend continuation
with one change: With a 1 EDU minimum, any portion of an
EDU above 1 EDU be rounded up in increments of 25% of an EDU
and the fee calculated accordingly.
3. Other Fees. We recommend continuation of current city
policy and recommend that a formal no-fee procedure for
requesting waivers be initiated and developed.
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FAX (619) 482-7236
March 5, 1993
The Honorable Tim Nader
Mayor of Chula Vista '
276 Fourth Avenue
Chula Vista, CA 91910
Dear Tim:
We are writing you concerning a recent "Council Agenda Statement" generated by the
Director of Public Works. The Statement recommends that the City no longer waive
Development Impact Fees on churches. We strongly believe that the City should
pennanently waive such fees.
We are both puzzled and dismayed by the Public Works' Statement. About two years ago,
City Council waived such fees for churches. We are puzzled as to why the issue has re-
emerged, and we are dismayed that the church community's previous input, which led to
the waiver, is being ignored.
There are many reasons favoring a DIF waiver for churches. We would be most willing
to meet with you to discuss these reasons in detail. In this letter, we would like to share
with you two principal reasons.
DIF's are a way to reduce dependence on the General Fund due to Prop 13's negative
impact on revenue collection. However, prior to Prop 13, churches were exempt from those
taxes that are now being replaced by DIF's. In short, the imposition of DIF's on churches
is taxation. DIF's would eliminate (or seriously reduce) the tax-exempt status of churches
in a very important area. DIF's cannot masquerade as a simple request to churches to pay
their "fair share." Imposing DIF's on churches is a regressive form of taxation which
negatively impacts oUr ability to exist. H City Council wishes to abolish churches' tax-
exempt status, this is serious business, indeed.
The Public Works' Statement identifies a church as just another "development project."
It argues that churches have a responsibility in equity to do their "fair share" to sustain
new development. Churches are not simply "new development." Churches respond to new
development. Churches are part of the social infrastructure. They do not generate trips
of and by themselves; they respond to pre-existing conditions and provide servi .
make development more livable. 'J?
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March 5, 1993
The Honorable Tim Nader
Page Two
The Statement argues, "Churches...do generate trips. There are services that are required
to operate the facility. They receive mail, have employees, usually have members outside
of the immediate neighborhood that use major streets traveling to church." Churches use
a negligible amount of services. Unlike regular "development projects, " churches exist only
to serve the community. They provide a series of social and institutional services which
more than offset any municipal services they may require. Churches make no profit. They
have no source of income other than charity. They make little demand on city services;
quite the opposite, they complement and subsidize such services. To make the building of
churches impossible would substantially increase social service costs to the municipal
infrast rud u reo
We hope City government understands how serious an issue this is. The imposition of a
DIF on churches would be perceived by the church community as anti-church. It would
be our responsibility to communicate to the many members of our congregations who are
citizens of Chula Vista the danger of City government adopting an anti-church posture.
Sincerely, la,
h. .
Fa er) John G. Proctor,
Pastor, Corpus Christi Catholic Parish
The Reveren Thomas A. Du ey
Pastor, Victory Lutheran C urch
900 Lane A venue, Suite 15
Chula Vista, CA 91914
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Charlotte Helms
Chainnan, Board of Trustees
First United Methodist Church of
Chula Vista
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COUNCIL AGENDA STATEMENT
Item No. /~
Meeting Date 9{13/94
ITEM TITLE: Update on Solid Waste Disposal Issues
SUBMITTED BY: Deputy City M~nager Krempl b!c/
REVIEWED BY: City Manager9' 4/5 Votes: Yes - No ..1L
Attached is a proposal from Laidlaw Waste Systems which could
provide a solution to the City's solid waste disposal dilemma.
RECOMMENDATION: Refer the item to staff for evaluation and report
back on September 20, 1994. In the interim, take no action with
regard to the San Diego Solid Waste Authority contract options.
BOARDS/COMMISSIONS RECOMMENDATION: N.A.
DISCUSSION:
The proposal just received suggests the use of some new equipment
("pod" system) which could allow the transport of waste to a
disposal site without the need of a transfer station.
The proposal says the tip fee would not exceed $53jton. Specific
disposal sites are not yet spelled out although Laidlaw has been in
contact with a number of landfill proponents.
The equipment might take up to 40 weeks to receive. Laidlaw has
said their ability to move forward with this proposal is dependent
upon negotiating an acceptable longer term agreement with the City.
We have requested Laidlaw to provide us with proposed business
terms they would like. We have also asked them to explore any ways
feasible to get the equipment sooner. Finally, we have asked them
to consider how costs incurred in the transition period (from today
to when any changeover might occur) might be absorbed without
causing a rate increase on Chula vista residents at this time.
Laidlaw's opinion is that this proposal could negate the need for
a transfer station. This requires further analysis.
We have also been exploring various financial options with Sexton
regarding the transfer station proposal and the aspect of absorbing
system cost increases during an interim period.
We will update Council orally on the 13th of September to the
extent possible.
FISCAL IMPACT:
Unknown at this time. Subject to further detail and analysis.
Iff -/18-Z
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LAIDLAW WASTE SYSTEMS
September 8, 1994
City of Chula Vista
George Krempl
276 Fourth A venue
Chula Vista, CA. 91910
Mr. Krempl:
In recent weeks we have discussed alternate disposal options available through Laidlaw
Waste Systems to the City of Chula Vista as the County prepares to once again increase
landfill tipping fees. We have discussed a variety short term and long term possibilities but
would offer the following long term solution for consideration.
Attached are drawings for a service vehicle with a detachable service body designed by
Laidlaw Waste Systems to meet the service needs of the City of Chula Vista. The body is
currently in production at AMREP in Ontario, Ca.. AMREP is a manufacturing supplier of
equipment bodies for the waste and recycling industry and currently a service partner with
Laidlaw Waste Systems. The attached design is a front loading service vehicle with
application for both commercial and residential customers. The design also has the flexibility
to accommodate a fully automated residential service system should the City elect to
implement a unit based pricing system in the future.
Waste material collected would continue to be compacted as it is in the truck bodies used
for service today. When reaching capacity however the service body would be detached from
the vehicle chassis and the service bodies then transported in pairs to a selected landfill. Each
body would carry approximately 10 tons which would safely allow for the transport of a
minimum of 20 tons of collected waste per trip to the landfill.
We anticipate the first body and chassis to be ready for service testing in October and
regular production of the AMREP bodies could begin as early as November. To address the
current needs of the City of Chula Vista under existing service requirements we have
projected the need for 17 chassis and 40 service bodies. Preliminary discussion with the
chassis manufacture have identified the potential need for additional equipment to meet the
City of Chula Vista requirements.
P.o. BOX 967 . Chula Vista, California 91912 . (619) 421-9400 . FAX (619) 421-0841 "-
Recycled Paper /K-ð
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We have already researched landfill sites for disposal options. In todays' market the
disposal rate offered to the City would not exceed $53.00 per ton. Our ability to negotiate
a firm long term rate which will bring the cost per ton down will be dependent up the longer
term agreement between the City of Chula Vista and Laidlaw Waste Systems.
Waste disposal addresses part of the waste stream issue. To address the diversion
opportunities we have made necessary zoning and permitting inquires to the City of Chula
Vista so we may also offer processing services at our current operating location. This service
could include processing the collected materials from the residential curbside program and
offering buy-back services to the public. An alternate operating location could be considered
for this program.
Laidlaw believes this service option offers an alternative solution to the long term disposal
requirements of the City of Chula Vista. We believe it would eliminate the investment
requirements and commitments of a transfer station by the City while providing a long term
solution to the escalating disposal rates charged by the County. Capital investments for
equipment and facilities would the responsibility of Laidlaw Waste Systems. Those
investments would require a longer commitment and contractual understanding between
Laidlaw Waste Systems and the City of Chula Vista. Clear understandings and contractual
arrangements would be necessary for before additional capital expenditures could be made and
production orders placed with our equipment suppliers and manufactures. Upon placing
orders for equipment bodies, required units could be completed at a minimum of one per
week.
We would welcome the opportunity to discuss the detail of productions schedules, new
service options, service implementation, and commitments for disposal rates as we clearly
understand the long term partnership with the City of Chula Vista.
\~
r Weaver
idlaw Waste Systems
Market General Manager
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SOLID WASTE AUTHORITY
September 13, 1994
Oeorge Krempl, Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Dear George:
This is in response to your tetter ofSeptembu 7, 1994. As you know, the Authority docs not
meet as a body until September 15, 1994. Staff has contacted both myself and Vice-Chainnan
Morrison and the following responses describe our shared view of the issues.
TRANSFER STATION IN CIIUTJA VISTA
The Authority thanks you for the opportunity for participation in a transfer sbtion and œrtainly
does not want to foreclose our option to work with you. However. at this time we cannot make
any commitment, financial or otherwise to a~$Î$tin8 in the planning or constroction of a transfer
station in Chula Vista. We certainly would be give first consideration to utilizing a facility in
the future that Chota Vista constructs, if the noed arises.
PROMISE OF $55.00 RATE FOREVER. 01\ A1JTOMATIC WmIDRAWAI..
The Authority believes that the $55.00 rate is in fact a reality for now and into the f'uture.
However, we do not have a crystal ball and therefore cannot predict additional requirements that
may be placed on landfills or other aspects of our System. We also have a concern that financial
flexibility may be limited if we have a provision in the JPA document for an automatic
withdrawal option. As you know. the Agreement provides. for members to be added and has a
section describing how to withdraw from the JPA, and that provision icavai1ab1e to all members. '
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The JP A document provides for the addition of new members at any time.
HopefuJly this responds to the question addressed in your letter. If you have any additional
questions please do not hesitate to contact Tom Webster or Lin WUlbs at 974-2828.
DAL WILLIAMS, Chairman
Solid Waste Authority
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9621 RIOOEI£4VEN COVR1. 3RD FLOOR. sm DIEGO. CALIFORNIA 92123 TFLEPHONE: 619/974-282B FAX: 619/974-2832
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY MANAGER
September 7, 1994
Chairman Dal Williams and Members
San Diego Solid Waste Authority
1600 Pacific Highway, Room 215
San Diego, CA 92101-2470
Dear Authority Members:
Thank you for your September 6, 1994 reply to our letter of August
29, 1994. On September 6, the City Council discussed the Solid
Waste Authority's contract options. Member Morrison and Mr.
Webster were present. After considerable discussion, the item was
continued to September 13, 1994.
The Council did, however, ask us to explore with each of you three
ideas:
1. To advise you what Chula Vista is doing in terms of planning
a transfer station/materials recovery system and to invite
your participation on a subregional level as a future
component of a total solid waste system.
2. To request some feedback to the possibility of Chula Vista
becoming a member of the Authority as long as member rates are
copied at $55/ton, excluding force majeure events and
legislative mandates. Should rates exceed that amount, then
Chula Vista would have the option of remaining a member or
withdrawing at that point.
3. In addition, we would like some clarification that if one of
the contract options was exercised, would the City have the
ability to join the Authority later on during the term of the
contract?
I will be contacting you within the next few days to discuss these
ideas informally or, should you wish to call me, please do so at
691-5031. Thank you.
Sincerely,
;¿~~r~
Deputy City Manager
GK:mab
cc: Mr. Tom Webster
/~-Id.-
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691.5031. FAX (619) 585-5612
@ Pool-Conouno< Roqdod -
S B-3
,,~,
~ .
.',
~
....
3rd trash transfe~
.~
site option addedil
disposal deferred t)
-.
trucks or railroad cars for transpoft~:' :
By RAY HUARD
StAff Writer elsewhere. It would take an es~ ..~.
CHULA VISTA - A third site mated 18 months or longer to buiJé:I ~.
was added by City Council last night the transfer station. ~Y.
to a pared-down list of likely loca- The di~emma th~ city fa~s ~ .;~
tions for a trash transfer station. how to dispose of Its trash In tbè - .
At the urging of Councilman jer. interim. ~:"'...'
Rindone said he would be more, ~ I
ry Rindone, the council added a willing to join the authority if the. :
17.acre site at 855 Maxwell Road
to the two sites recommended for authority would agree to place a. . :
further study by Deputy City Man- cap on dump fees at its current $55-. . '
ager George Krempl.. for authority members. Rindonlt~.'. I
The other likely locations to be said he would want Chula Vista to' .. - I
studied are a 25.acre site at 900 have the option of dropping out ot :, ¡' !
Bay Boulevard next to a San Diego the authority if the fee went above' .
Gas & Electric Co. power plant and $55. i. i
an 11.5 acre site at 894 Energy Authority Vice Chairman Roo '
Way near the Otay LandCill. Morrison. who is a National City.:;
Left unresolved until next week councilman. said he had no objec.o ..:
by the council was whether the city tions to offering such a cap. But he..
wil1 join the county Solid Waste said the cap with the option to drop . ~
Authority to dispose oC its trash or out could make it difficult Cor the --
remain independent of the authori. authority to get financing it needs
ty. As a nonmember, the city could for various projects. .. '. ~ ~
" .
sign a three- or five.year contract Even iC the city opts to join the. ;
under which the authority would authority or sign a contract with
dispose oC city trash. the authority, Mayor Tim Nader, ,
The city would pay $10 less per said. he's convinced a transfer sta. ."
ton for trash disposal as an authori. tion will be needed. '0 :
ty member than it would by paying At Nader's urging, the council '
the authority to accept city trash renewed its suggestion that the au- .
under contract. thority and neighboring cities coo:.
Council members are reluctant sider joining Chula Vista in building. -
to join the authority because a pri. the transfer station. "
vate firm, Sexton Sand & Gravel Nader said he had reservations'
Corp., said it can dispose of city about the Bay Boulevard site be-- -'
trash for even less than the city cause it is near a mobile.home park¡ ..., -
would pay as an authority member. Rindone said he wanted the Max. --"
The catch is that the city must well Road location added to the final",
build a transfer station if it chooses list because it was ranked close to
Sexton. The transfer station would the top two sites recommended by.".
be used to transfer trash from small Krempl. The city initially consid-
neighborhood trash trucks to larger ered 14 sites. ,,"--'
.
! 8 -- 13
,
-----,-- ----- ---------
,~,:1:= ¡:Cf<iI' ::-<;::'L~'.:¡:C..j':'-
;:.ftJÆPLE RESOLUTION AGAiNST PROPOSITION 187
',t¡-""E'O1':'", Dt' fOp'O':(¡'O" 187 won'~ r""l"-" 'r.... """"""" ,~' .::...,.,' :""""J'gM""" ;"'" WI';; ~"tl'.
'" ... &\LI"""'" .)... . ¡ . \;U "-- ...., ",",I"I,;~. .¿ 'h_",c! 'H"', , .......... ,-..1. ,¡ '.-. ;",
';;)". :, :¡~W p:'::Ioiems; ana
A- h£R.EA.S, ProposicioI1 187 is so ~¡opp;;'/ drafted it 'iohces ¡mporca.nt têd~raj ìaws th;<~
;:,C".etn ~der2.i fundIng to our schooLS and h~th programs: a:1d
',v1iERE.A.S, the iOJC:PCIiUC:;-;C, ¡l:;>n-Fo.:t.í.~;u¡ L.ç.;i,)i4tiVC :\.r¡:oJy,,;: ha:; de1:ermincd mese violarloos
; " ", ¡ "p "o<";nlo',' """P"Y""< '1" "",,;¡, , ~. ~,' ;"',' ';"1"',"', \~7 -" ~':<....... "",<1'
',,' "" .. ',.,.. w ~"""., .."... <1 ..," 'Y_~~',...,-""_,~i---_,'Y-'>~",,," _,-r,_,--r."",.,,¿q.-
,- ""--.- P . ".'~', . .J.." "TS
'-¡ ;:'"1.t.t>..::-_~..;;:, 'f()pr.J,"lr:Cf! ¡~:.' "('~;j~¡ú 'U", ~':.Jr C(.c:or" ~.Ulõ(;5 .1Íid teaw.ers Into '"'" d.~~nf'.
-.. - ".; ,,~!¡:'i~; J.nd !c.'-1o.:-.¡', ;;':: ,f1",m;~r;lC:Qn oiE.~~!; ~;1,:
;"';-FREAS dt'~':/'f);¡; o:lsie meÓ;,~! .;rr<,"c,:;r" .r\:~ :::""T.'.;n!z;.:;:,-,¡ ,':; p-:'('p:~ ':_':"'.: :¡ ¡nC~~l;:,'
~~.:> "':!':..d or co~riv 2i1d p¡<-venttbi: ':':;r;;,ffiU¡j;~Lk :U";,\,t', dlc1 ;;"1I'Ä:~'1. :,.h,.. ot' ,'\,...
','" " :'..:.;; ;in.:.;.
WHEREAS. ane-srimard 400.000 ~cis ""'¡(';1,"-'i: proD{';- ciocumem.acion would be ¡:...&.e;J OUt
., - ',:,,;, .tad çr:w t:hc~Utcu;
~""'£n""'OD~: %IE ITf')~""OL'"-:'",
. ;-. I'I..Lt' ~¡¡I l~ '1,:,-,-----.,-----.. '---=, .---- "-----....
,J :,<:':;-.tCiè:1 ::-¡;uy¡::::
..;PPC,S£S Pt'°p'~t:i!~oI1137 on the November s::. :do~,
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>;;¡!~;.,;. '-t.:le2SC: p:tnr) j\,,:,:::;,:z<:::~ ,:.';;;;,..(1"
--, ..----- _... ~, -'.-, """cO
.'"I,i.!;:;,,:¡; '~., /~p
.. -, ~--<""'" ---'-, ~-~_c..._-,... """"
" m: Number FAX i"Ù,Hi1kr
" 'Uè; ---
Pkue FA..vM~¡ ccm;:b-.:ed :'I:"':.e:,.(¡,.,:-¡ !~, -::..(n,;",~, .".;;¡,i",c 187
11444 W. Olympï¡;; BhJ.. #!018. L" :ì.:::::¡cs. C', >:-:)¡; F.-'..\ .3¡O.44~.8ðTO
h,.:>r.~~ {j:'J.. ",,; ¡de':;
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,,- '-:' "VOTE NO on PROPOSITION 18'7':
-I h ;;/1"1' It JustM¿kes a Bad Situation Worse!": ::'
, ; -:: ~':'¡"..,,:;;'"
i- ~ TH, E~:~,'O.s. -INiì'IÞ:rnrE IS C,OMING TO .'~'I. A ~, PRfce "~AG FOR ---
I CA'-lFORNIA TAXPA¡YERS HC.D.D." . CALIFORNIA,TAXPAYERSI
- , ,
Th: .spo, n~rs ?~,~,;;-,J,i'f1,,1:' ,r, ;claim it ~ou1d $to,P the " The state's mdepen(ìen~ ie, glsJative AnaiySt CO~-
flow ct ill~ UtUmgrànts~~ State and sav~ taXpay- eluded Prop. 187 could:et1d up COSTING Califorma
efS mo~ey" They evén caD it,tne "\SaveOurSwe" initiative, ¡ tàxpayers almost $15 BUrON in lost federal funds to
A more ::1CCW"3%8 title".w.O..ud be the"C O.D. "initia- I Califomìa sc.hoois and health care programs to seniors
, tive because that's what wè'Uget iíProp- 187 passes - , ~d other American citÎ%en$. i
! a taxpayer bin P"r SIS BlLLION! , Reaå your Official StUe Voter Patnphlet when it ar- ¡
; R~ }>rr;p. ! 37... YotÌ1Î.fu1:d:ihe authori have a :1Jr.ny rives în the mail. Hereis what youill find: I
..' """""'~' F"¡;e~ If "'0""'; """'-"ce ¡' J"~,>ì ;"""""~ra '-" "',.' '< ¡
.. _",""\:.c,.-~,...1;~, ..... 16',""-1..., ".~...,"'.....'~ - I , -.!
. :10ft :~r ;t '~';H~eate a.~~$\~f,'1ew prcbitrr'.$ .- expen- " F;.>bm.ated annual sa1'ings aöd toW of Prop. 18, t i
I ~-IV""'>""" ".. ."','" -f'¡nr¡\n,¡">;'-')O t
,.1 '-'-'-..' -~"""o ""v,v,,'v.,,¡v ~
I "
: , , ' '-";~"JS..n:..'\c '.:ç~\.$ ~
1 I PR"uD 4S7'HO P' et'ESSLYFI ^'II;¡;;., : "~",;......t\i--'.)' I',y"", i
¡ r.t ,~' ~'\I...NI """"',_i., """,-";,""",,", I
I State agencÌes mUSt ~omþ1y with a varier! cff~deral: :. -:Jst of Lost reaeral Fu[ ( s I~
I ~::;~%-::%~;=ì1,:':'~::,;~p~~~ fu~ I I TOT~~j:;~ -' - ::~~;:~~::~~~ I
i ofprO',/¡<;"...ns that directly~rif1ict with these iaws. ¡ -~- ~_è~~~~._-- i
i " ;,.",: ':-;',",',',""';, -, f So ~W"rv doHar PrC'fp. 187 ~3Ves woulà COST us
! I' . "The inittartvels!Ul'f!~,{~pl'Ovrsi<msihal colifde 51,.50, Thi; rr.ust be the same. cre~tive accounting that
J with ;;tare and /tatrol llrN.s, 'SlQte and u.S. g::.'v'E: :.is our colossal federal aeficlt. I
I constit'.4ttonal.D1'O.tet:tî~å1¡tiwÜh stare ahd jëdefal : h , ¡
I -:ol.t.rtruling:l.," "" ",-""',,,,:,' "",:~,', , J . CREATES A POUC, E STATE ME,~rAUr~' ;
! L-: . ~!>fficeof~. - , IN OUR HOSPITALSANO SClîOOLS i
I As a result, paSsag(W~~p" 187 ecoid caUSe Cali.; Cnfcrtunate y, Prop. 181st1aws aren1t timiteà to your I
fomia to lose $lSBn.t;tON'ln federal Îùndìng to our; 1'ocketbook. They would extend into our hOl>~Îtals. our i
I schools, medical ~ '~r:S#iors, AIDS' research al'lê schools and soc:ety at large i
¡ other vital servicëS forAtfieiicart citizert!. I Pree. 187 wouJd force oubIic officials to der.... vital
' "", !. . , ,
j v The U.S. Secrerary-ÓfEducationhas already in- ¡ ~el"v'Ìces. such as basicmedìcal care, and report ¿n:{one
I dicateà Prop. 187'sviolati~ of federaJ privacy laws they "suspecl ,. might not oe a legal res~dent. Bu~ !'rGp, !
¡ would prevent' thëfedeiaîgó~rnment from continuing I 137 doesn't define the basis for such suspìcicm !
I to fund California SchoOis.)tùl1ds in jeopardy inciude! fs it th~ way you speak? The sound of your .a....~ iurne
I S2,J billion to OUf élert\~ and secondary c;chooJs ! The shade of your skiA~ The way you dre5~.;
I and $1"1 billion to our colleges and universíties, i W¡J! your ability to receive medical att~!1t¡Cï: b~ ík :
.... The National Health "Law Progr<un' concluded í trnn.ncd b)' your race, ethnicity or reh~'1O~ ~,~.u¿;;,
Prop. 187 also vioiatesfedera11a.ws that direct funds to! WH::ur kids be harassed because we:- GO;:'!. :;1.1;: i
health care and researchfacilitÍes in California. We stand ¡ prl':'~ ;;::ç~mentacionon them? ;
to lose more than 57 bnlion in federal health care fù.nds , Ha.:.rrt historY taught ûsthc dangers c~. t:-.¡:", ond of i
for seniors and Jow..inéÓttI!'~erican citiZens. i meT': J;Ìty? I
~ --',,'.., '.-.,-~,._.~-.. -- '~-.... .",,-,_...,--
TAXPAYERS AGAl:.ST IS7
IIIAn~"&ull!val'" ",i~4o6,a¡JttinS.Ifte-CA9401O (.zí5'¡2(.10.ú.:JjO ~1.....(41S»40.17J(¡
11444 W, OlympIc 8:..:L $úite (J IS. Lo$ Angeles. CA ~()()Ao¡ (,10) 4-15-&885 FIx (3 0) .j.;5-8870
"} ~ _4 ~ ") . ,"
- - F:;:¡-U"1 ":-:::¡ ':, ¡::¡:.1::,~'j'::j'~:::' -.:,
r ',.,,~"~ ¡ ~- '-. -~-""--'_."~'._'", I
TURNS DOCTORS AND NURSES TURNS OUR SCHOOLS INTO '
I . !NTO INS AGEN'ß. 'THREATE:NS . IMMIGRATION OFF=ICEs, KICKS 400,000
I , ',",
i EVERYONE'S HEALTH. KIDS OUT ONTO THE STREETS
; I
I Prop, 187 would ror.biç_~~§r$ at1d nut~es;t.1 virtu.. Prop, 18ï would requir~ educators to undertake a I
I aJly every public and, ,priV,a",}, e,.', "bØa1, ',',.', .', th care facility from costly, paperwork nightmar,', , ~,and verify the citizenship II.
I gjving immunizations 'or b~j£'~dical care to anyone ¡ statUS ofEv'ERY child an~,E~Y parent. That's more
"suspected" of being an iU~gaÔJnnllgrant and forces ¡ than 10 !v1J..LLION people, and more time and money
I them to report individuaJ, to ~,lmmigration and Natu- f away ftom classroom educatiop, I
rnliu.tion Ser-.'Íce and other authoritie$, '¡ I'
I -,'" , ,,' . ¡"The most akmnmg provisions are those which rt-
" "The initiative wo:ildh~~tiumpç¡tieri~S away q~¡}'e the public school$~~Þublic school staff to be- I
! Jrom dimes f~affng r~¡'eidù"",ItJ., ~,,!S. HlV/AllJ§. cOme an information andN!Þo,mnR network/or the
I "exuaUy-fransmitted QlstQ!fNfiik/ other' I IIN S. " .-
. comm~1cab{e c°na.ttJons,."Su.ch áprotoc~l:doe$ not i L- Cali~mia.'Sc~ ~ds Ass~i~on I
I : make flu! d¡N(JJ~~diS(1ppcœ:""":1t ¡a(1l..'~$ th(lm , - '0 .' " . . . '
I :t:1dIC,-..,7:'CQ~ ur¡trer:zted andunfett(!J'(!d, In one fill I 'A.1 estl111ated 400,000 kids \\.-"1tnollt proper C!':'>':'"":""lf',, -
! ,.r.voo,;, ,ú çÇ¡:-e/i.lly cJ:af!~d. rif$,~a:;e-contJ'()15y!;tem ! tari~n would be kicked ou~or~chool æ:d onto the s~eets.
I i i/1 Calif:;!'!".;,:! WQuid be destroyed. Dtsea:;e ¡ ,~,;;:. ',v:;: 'Ie íÙl $eer¡ what happens to bds who do)"! t fin-
' I preventu,m carll'lotbe doneselective(~~ ". ' ,~;' ~(:nc(): ¡
i ,", it is !Wt/USl someo, ne elit;s health ¡hat WQu{d i ,-, -"~-"-'" ' , " 11, '1, ,::~:~~"~~""'~j ì
I berhreo.u:ned.ltisycuI'S." ! ; J:_".eäpparemmtento!tr,.",¡,."",..", ~
I ' , ! [I-..,"C undocumented chltdren Telumed to "...r,,;!'- J
I Dr. Thomas Peters" Î ¡ ," f' "I'. J
I -' - ..~~~-' t""""A~, H-_'th,OŒ'I, I l/cozmtnes.()uttnere,sn,oP,t() VlSlOnjOr"omgSQ, ;
(,,;nanman, ~Uu:n ( ~id.y ð.I. ca...... MIC14 S d 'd' 'c I," , 'tL. th ' I
' "an man:,,- walt, l'emazI'/.In:, a ¡¡orma WI r. eu' ¡
Denyin- basic medical attention and immuñizatÎons j ¡ parents, 'dOCUI1l<!Y'.led or no/. , I
to millíonsð of peoptem, an, Y 'of whom hand1e our food i ',. "W; 1~ l1í)pl~ce t~ gO, anJp~thi,ng to do durin;; the ¡
I .' ,- t ',"" '. . ¡ da.~: It IS possible (hey C9.uTa become Involved m !
supply e:-ery da~, w~u1d~,tt!àcicostly ~d, p.reYen~aole I ~'uvenlle crime" drugs o[;gqngs. o~ eventually could 1
comrnuruc.abte dl~eMeS thro\1Šhout CahfOrnIa. 1)(: led ¡"tv ""'(1'" uriO'U$ o/f/ime$ ,
I . "Pai/u.. to ¡iJ¡iiiíìá,;¡;,¡íifhir,ous cdÎitagio", i ~ Office ofReseorch :
I diseases, "udz (45:nø~ri:1.cfd$fj:àmol1g illrgo¡ "This CC:1cern \vas atso'fiú.!:ed by the Los Angere; I
I ¡ immign»1t$ could inC1"tQSeJ:'t(Te ~~srs to lreer the i Board of Super-visors in a resolution opposing Prop. ¡
¡ ¡ disease In the general Pð¡~tiMl1on., ! 187: "The resources of the Sher?ff s Department would!
I ¡ Stat='s indepenck.9tJ~gjslative A11alyst 'be strained due to the heightened poientfalfo( an 112-
¡ , , crease in crime that may be commmeli br undcx..-urm::'flted ;
I No wonder Prop: 187îs{)~posed by the CaJifomia rot¿rh who w()2Jld be /x:r¡.,.eâfrÒm CJJtending public schoois. " ¡
; M~?!cal. Assocj~t~n. Cä)~<>~iá Nurses'Ass~cjatiön~ .'Prop ¡ 87 is opposed by'LA S¡'eriff'Sh~ 'man Rock ¡
I CalltOmla ~soc.la~lon OfH()SPlta!s and ~ealth Systems past president of the California St<'.te Sheriff's Associa- I
and the Cahforruachapter of the Amencan College of tiön, as well as the Caliiom:ia.PTA California Teachers ¡
I Emergency Physicians :- , ..~Sociation and the California School Boards AssociaTIon. ,
'I' ÞROP. 1 81'w.~N'T BEE~ UP EN~?RCEMENT AT THE BORDe~f BUT IT WOULD
. ", COST TAXPAYERS $15 BILLION, ;,
, I ,.~,\-1B~EATENtHE HEALTH OF ALL CAL/FORNlANS:AND ï ¡
! .. KIÇ~ ~'6o,ooo KIDS OUT OF SCHOOL AND ONTO THe'štREËiS. I
I, ~. ,J. I
I Lefs Say.! Ou,-.sJat~Jrom tb_e~f'SavtLQ.L[(~tate"lnitiative.
I Prop, 181Wãinùpþosed to äddréss our illegal immigration prob¡em Wd6~$i1't. 111 fact, not ;Jne i
penny öfthe $15 BILLION it CbuJd 'cost taxpayers \.vo\.;!d be spen: to beefup border patrol;;, !
I .:", " .. "I
VOTE NO on PROP. 187:
.---- " ~ "'-.'-'~"-~--
-1:J J., '?
T:¡ '31Cl'3..:1::::24'::17'3 ;:' 02
',-2'::-1 '~'~4 1"':2::> FF:U1
,. .l.1txP AYE~ AGAINST -L87
ORGANIZATIONS AND INDIV¡ DUALS
OPP()SED TO PROPOSITIOì"; 137
(A1.<¡:UH 2'). ]<j'NI)
PeàëC Offi;;>:LS Research Asso~iat¡on Qf "L'¡Vl;1C121e \:h',mb<:J: or Cocnm~rC'<,
C21iforni" (rORAÇ) EHt l(.<~ .I\ngeje,~ J-k3Ích T ¿ü~ For~e
"CJiforni.a Sr~te As$oçía~iun of Ccunties "'Þrdht,iç <llHi family 1\..1c:dîc41 Cen(~I
Calif<;m1Îa Council fót' E.nvirvnm~t¡~ -Anaheim C'ry Sd-".",I Discrkt
and Ec.Qnomi;; B:,¡J"nce "Co¿çhdb V:,lit>y Unified School Dj~tI:¡('"t
LQS Anp;dcs COUnty Sheriff ShC'rman Blvd" Los Angde,. C.:çurJr}' BQ~rd of Edut;lUion
Am~ciçail Coll<'g{' of .Bm';Hg~ílçy Phy¡¡id.uu Lor. i\ngd<!s Ur;.fÚ:d Schoöl Di.trÎc,
.Coùîfocuia ksociarJön of' Publjç HQ~pjra!~ Ivlvnœbello t Tr ír.~d SchQd Discrict
"'Cðlltity He..Jth E)\ecudve",A$Sod~t¡on vf ComlJ1e,,;~ Cirv (';<>\\n~il
';:::úitornj.!\ Be;¡ CUC{.:,ih '. I(:'¡ Council
C.J;[,;.'uÚ", Academy <)f Family Phyâdan:; Huucingron 1>"rk City Council
C"U-:~nÚ.... Asso<,;ia"don of Ho$pit:ah and Le,s A"gd~~ Ci::;.' (":CH.1...dl
Health SYH~ms .',' ."wo,:.d C"." Cì.1I..mcil
Ca1j(oL'(Úa Confercn~ of Lç.ç¡(i Ho:;alth ';';' '-' Barba f;' Cirv CÇ'Uí,c,;¡
om('"~T$ .'. n C.ty Cc>unç¡(
t:..:;¡J¡L)l'nÎa Star~ PT A. L."c i\ngel~:i C":ol,!'!ty ßo<*rd Qf SLpi":,,-¡nF'
California. M~diçaJ A:;:;<."H'Î;U(On "C~li;~)¡ ¡lj~ :jmre A."",()d~uîðn ç.f CUUJlIle5
CaHfotni;t N uJ;"$es A~~odadon f>rr$¡¿~n( D~ugbs~ 'w, W -,oit, Jt,
CaìitornÎa School Board~ A:;sociarion '-Imped;¡! Cour'lr} Sup<:"'i¡;or De:<!"1;\ Shoc"$
C,ùi.(onÜa Teachcr~ ^$~<::,.:;iauon "'Kií1g:; COI,lTI,)' Supc:!'-.-i,~ot JO['c Be2t;rra
CaJ¡POl'n.i:a. Fed¡:radvu Qf Tellc:hcr,~ "'L>\~,~('n COU¡-lCY SuY<;I'visor ]e:IJn LOl1b~t
Card ¡nal Rogcl" M.ahooy "1I.-1arin Counry '<;'.tF'<:rvÜ.~¡ ßvL> RoumJp;IIÎê'"C'
Arn>:.d<,;;i.lI Jewi~h Congr~ss ".$..,1 1-ldJIÔ5:;:O COUC"!ty SlJp~rvi~'-'I' Ihrbara
C'.:nht) k Cha.;-jli~~ ¡'~"lrmai'l
r<":hild~n'.~ J\dvoC;i.cy In¡;li~u(e "San Frand,.co C~'Uhty Su~rvi:;ür Kevin
C~diforhja Laþv¡;- Federarlon. ^FL~CIO ,<;hdk....
AmerÎoo Coll~ge u[Ob~rerrîcilln~ ~nd "San Lob Obi~F'ü C'"U¡)¡Y Super'/i~M n<!.\'it:!
G>' ncçologbt.~ mateI,\'
Childl'O:.n NUW "'T~ham... C\...Uli(Y Supe!"\'!:';C1t RHb:ar.. .~~d\'.,¡-
Cöngress of Calit.,;¡trÜa, Senior~
.. Asian Pacific PI<I,I¡nÎng Couill..iI OU,il!:," C';mf11:Y R"gi.,r~r
Ht!oùth Açç<¡:~~ Qf CaHfotn;<\ ~. I,n D"=Sç U¡;i.',';;-Tdbun~
Leap;ltc". of Women VQters of CalifOrniA San Fritnri'('1) Chr'~'nJ(l~
C;Jifomia. CóI'nrnon ç...u~(: SOUl J(,f;;Ç I\'1eTCtH}' :-'J~W!
I Ioilywvvd W'om~n'~ Politic..! CQüunittee "5~nt" B"f'ba'-,;¡lV<J"[.:J,' PJ"cr.~
N...Óonal Education A$.mcî3.ti<~'n
C'.a1iforni.a. $dioül Emplo}'ee~ Asso.::-iación (pd.l"ti;,'/ /i~';.)
CaHtornb Sr¡U~ EmplO)'(:t;s AssodarÎnn .ne'U..' Hod/t.r::
tv1ALDEF
~Wçi:"l¡()n of CaHförn.Îa Schç.oJ
Admînj~~ru,jr$
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Ronald Prince
Citizens for Legal Immigration Reform
P.O. Box 26288
Santa Ana, CA 92799-6288
(714) 777-4653
ILLEGAL ALIENS. INELIGIBILITY FOR PUBLIC SERVICES. VERIFICATION
AND REPORTING. INITIATIVE STATUTE.
Qualified -- November 1994 Ballot -- Proposition 187
PROPOSITION 187
July 22, 1994
Illegal Aliens. Ineligibility for Public Services.
Verification and Reporting.
Initiative Statute.
Proponent: Ronald S. Prince
BALLOT TITLE AND SUMMARy
ILLEGAL ALIENS. INELIGIBILITY FOR PUBLIC SERVICES.
VERIFICATION AND REPORTING. INITIATIVE STATUTE.
Makes illegal aliens ineligible for public social services, public health
care services (unless emergency under federal law), and public school educa-
tion at elementary, secondary, and post-secondary levels.
Requires various state and local agencies to report persons who are
suspected illegal aliens to the California Attorney General and the United
States Immigration and Naturalization Service. Mandates California Attorney
General to transmit reports to Immigration and Naturalization Service and
maintain records of such reports.
Makes it a felony to manufacture, distribute, sell or use false
citizenship or residence documents.
Summary of Legislative Analyst's
Estimate of Net State and Local Government Fiscal Impact:
Annual savings of roughly $200 million to the state and local governments
(primarily counties), due to reduced costs for public social services, health
care and higher education.
Annual administrative costs of tens of millions of dollars (potentially
more than $100 million in the first year) to the state and local governments
(primarily counties and public schools) to verify citizenship or legal status
of students and parents and persons seeking health care and/or social
services.
Places at possible risk billions of dollars annually in federal funding
for state and local education, health and welfare programs due to conflicts
between the measure's provisions and federal requirements.
,<~ eI-' ?
September 8, 1994, Page 2
BALLOT LABEL
ILLEGAL ALIENS.
INITIATIVE STATUTE.
Makes illegal aliens ineligible for public social services, public health
care services (unless emergency under federal law), and attendance at public
schools.
Requires state/local agencies report suspected illegal aliens. Fiscal
Impact:
Annual state/local program savings of roughly $200 million, offset by
administrative costs of tens of millions (potentially more than $100
million in first year).
Places at possible risk billions of dollars in federal funding for
California.
TEXT
SEE FULL TEXT OF INITIATIVE # 623
BACKGROUND
According to the 1990 census, more than one in five Californians were
born in another country. The number of California residents who are
foreign-born now totals about 7 million. Currently, about 300,000 new
residents enter the state each year from foreign countries. Federal law
governs immigration, and the U.S. Immigration and Naturalization Service
(INS) administers and enforces those laws.
Illegal Immigrants
The INS estimates that California's foreign-born population as of April
1994 included roughly 1.6 million unauthorized immigrants and that this
number has been increasing by about 125,000 each year. Other terms applied to
unauthorized immigrants include "illegal immigrants" and "illegal aliens."
Most illegal immigrants who come to California enter the country without
any authorization. However, at least a third of illegal immigrants in
California originally entered the country legally, but on a temporary
basis-as a tourist or student, for example-and then remained after their
departure date. An illegal immigrant may later become "legal" by receiving
permission from the INS to remain in the country temporarily or as a
permanent resident. The amnesty granted by the federal 1986 Immigration
Reform and Control Act legalized about 1.6 million former illegal Page 2 of
15 immigrants in California. Illegal immigrants also may become legalized
through regular immigration processes or by claiming asylum from persecution
in their home country.
Health and Welfare Benefits. Illegal immigrants generally are not
eligible for welfare grants. However, illegal immigrants do qualify for some
.2 :2. ~., r
September 8, 1994, Page 3
social services and health care programs that are available to all
Californians. For instance:
* Any child in need may receive child welfare services or foster care.
* Illegal immigrants may receive some of the health care services
available to other poor people.
Public Education. Any child who lives in California may attend public
schools through high school. The U.S. Supreme Court has determined (in the
case of Plyler versus Doe) that excluding children who are illegal immigrants
from public schools violates the federal constitution. This decision,
however, does not apply to publicly funded higher education. Currently,
illegal immigrants may attend public colleges and universities in California.
However, the University of California (UC) and the California Community
Colleges (CCC) generally require students who are identified as illegal
immigrants to pay the higher tuition charged to nonresident students. The
California State University (CSU) currently does not charge higher fees based
on the legal status of the student.
citizen Children. Under the U.S. Constitution, children born in this
country to illegal immigrant parents are U.S. citizens-just like any other
child born here. Many illegal immigrant families in California have citizen
children, who have the same rights and are entitled to the same benefits as
any other citizen.
Verifying a Person's Legal Status
The United States has no universal national identity card, so documenting
citizenship or legal immigration status can be complex, even for native-born
citizens. Generally, several documents are needed-for example, a U.S. birth
certificate to establish the basis for citizenship and a driver's license
with a photo to establish identity. However, many people (especially
children) do not have a driver's license or other official photo
identification. Documenting citizenship for these people may involve
additional steps, such as verifying the identity of a child's parents.
Most legal immigrants have an identification from the INS to verify their
status, such as a "green card" issued to immigrants .granted permanent
residence in the U.S. The INS has developed a computer system that
government agencies and employers can use to check the validity of most types
of immigration documents. No similar nationwide automated system exists to
check the validity of birth certificates, which are issued by thousands of
local agencies throughout the country.
Federal Program Requirements
State and local agencies must comply with a variety of federal laws in
order to receive federal funds for many education, health and welfare
programs. These laws often set out who is eligible for a program, procedures
for granting or denying benefits or services, and requirements for keeping
records confidential. For example, the Family Educational Rights and Privacy
ø2;¿e/., &j
September 8, 1994, Page 4
Act (FERPA) generally prohibits schools that receive federal funds from
disclosing information in student records without parental consent.
PROPOSAL
Generally, this initiative prohibits state and local government agencies
from providing publicly funded education, health care, welfare benefits, or
social services to any person that they do not verify as either a U.S.
citizen or a person legally admitted to the U.S. The measure also requires
state and local agencies to report suspected illegal immigrants to the INS
and certain state officials. These changes are described below.
Verification Requirements
The measure does not set out any specific requirements as to how
verification of citizenship or legal presence in the United States would be
done. As a result, individual public agencies and institutions could choose a
variety of verification methods. They might require only a birth certificate
or INS document, or they also might require a driver's license of other
official photo identification. A more thorough verification process would
attempt to check the validity of immigration documents and possibly also
birth certificates with the issuing agency.
Exclusion of Suspected Illegal Immigrants from Public Schools
Starting on January 1, 1995, the initiative requires every school
district to verify the legal status of every child enrolling in the district
for the first time. By January 1, 1996, each school district must also verify
the legal status of children already enrolled in the district and of the
parents or guardians of all students. The measure requires school districts
to take the following steps if they "reasonably suspect" that a student,
parent, or guardian is not legally in the U.S.:
* Within 45 days, report the person to the INS, the state Superintendent
of Public Instruction, the California Attorney General, and to the affected
parent or guardian.
* Provide 90 days of additional instruction to a suspected illegal
immigrant student in order to accomplish an orderly transition to a school in
the student's country of origin. After this 90-day period the student no
longer could attend public school in California.
The exclusion of suspected illegal immigrant children from public schools
would be in direct conflict with the U.S. Supreme Court's ruling in Plyler
versus Doe that guarantees access to public education for all children in the
United States. Consequently, this provision of the initiative would not be
effective. Under the Plyler decision the measure still might require school
districts to verify citizenship and legal status and to report suspected
illegal immigrants, even though districts could not exclude any students from
schools. Alternatively, the courts might decide that the verification and
reporting requirements have an unacceptable "chilling effect" on school
attendance and therefore invalidate these requirements.
~;;.t:I"/~
September 8, 1994, Page 5
Exclusion of Suspected Illegal Immigrants from Public Colleges and Universities
The initiative prohibits public colleges and universities from allowing
students to attend who are not legally authorized to be in the United States.
The affected institutions include the UC, the CSU, and the CCC. The measure
requires public colleges and universities to verify the citizenship or legal
status of each student at the beginning of every term or semester after
January 1, 1995. If the college or university reasonably suspects that a
student or applicant for admission is an illegal immigrant, then it must
report its findings within 45 days to the INS, the state Superintendent of
Public Instruction, the California Attorney General, and to the affected
student or applicant.
Restrictions on Health Care and Social Services for Suspected Illegal
Immigrants
The measure requires public agencies and publicly funded health care
facilities to verify that a person is a U.S. citizen or is legally authorized
to be in the United States before providing that person with social services
(including welfare benefits) or health care services, except for emergency
health care required by federal law. If an agency or health care facility
reasonably suspects that an applicant for benefits or services is an illegal
immigrant, then it must report its finding to the INS, the California
Attorney General, the state Department of Social Services, or the Depart-
ment of Health Services, as appropriate, and to the affected person. The
reporting agency or facility also must provide any additional information
that the other agencies request.
Reporting Arrests Involving Suspected Illegal Immigrants
The measure requires every state and local law enforcement agency to
attempt to verify the legal status of every arrestee who is suspected of
being in the United States illegally. The agencies would have to report
anyone they arrest who they suspect is an illegal immigrant to the INS and to
the state Attorney General. The initiative also requires the Attorney General
to maintain records of these reports.
New Crimes for Making or Using False Documents
The initiative creates two new state felonies for manufacture or use of
false documents to conceal true immigration or citizenship status. The
penalties for these crimes would be prison terms of five years or fines of up
to $75,000 (for manufacturing) or up to $25,000 (for use). The manufacture
or use of false immigration or citizenship documents currently are federal
crimes. Forgery of state documents, such as driver's licenses, or obtaining
them by fraud is currently a state crime.
FISCAL EFFECT
The most significant fiscal effects of this initiative fall into the
following three categories:
.1. :zot -/ J
September 8, 1994, Page 6
* Program Savings. The state and local governments (primarily counties)
would realize savings from denying certain benefits and services to persons
who cannot document their citizenship or legal immigration status. These
savings could be in the range of $200 million annually, based on the current
estimated Use of these benefits and services by illegal immigrants.
* Verification Costs. The state, local governments, and schools would
incur significant costs to verify citizenship or immigration status of
students, parents, persons seeking health care or social services, and
persons who are arrested. Ongoing annual costs could be in the tens of
millions of dollars, with first-year costs considerably higher (potentially
in excess of $100 million).
* Potential Losses of Federal Funds. The measure places at risk up to $15
billion annually in federal funding for education, health and welfare
programs due to conflicts with federal requirements.
All of these fiscal effects are subject to a great deal of uncertainty.
The use of services by illegal immigrants can only be roughly estimated. In
addition, the measure's fiscal effects could depend on legal interpretations
of the measure.
Below, we discuss the significant fiscal impacts of the measure.
Health Care Savings
Federal law requires health facilities to provide necessary emergency
care to any person in need regardless of income or legal status. This measure
would not restrict this care. The measure, however, would place restrictions
on non emergency care provided with public funds.
Medi-Cal. The Medi-Cal program provides a full range of medical services
to poor families with children, as well as to poor elderly and disabled
people. The program is funded jointly by the state and the federal
government. Generally, illegal immigrants are eligible only for emergency
Medi-Cal services. However, California Legislative Analyst s Office July 21,
1994 Page 9 of 15 chooses to provide (using only state funds) prenatal care
to pregnant women and nursing home care to elderly or disabled persons who
are illegal immigrants. The measure would eliminate these services, which
would result in an annual state savings of about $100 million.
County Indigent Health Care. Counties provide basic medical services to
poor residents who have no insurance and are not covered by another program
(such as Medi-Cal). This measure would prohibit counties from providing
nonemergency medical care to anyone whose citizenship or legal presence in
the United States could not be verified. Denying these services to illegal
immigrants would result in savings to counties and the state. However,
reductions in special federal payments to hospitals would offset a
significant portion of the county savings-possibly half. Hospitals receive
these federal payments for serving large numbers of poor people without
compensation. The net annual savings, after taking into account the reduced
federal payments, would be in the tens of millions of dollars to counties and
~~~~~
September 8, 1994, Page 7
several million dollars to the state.
Denying Some Services May Increase Future Costs. Denying some medical
services to illegal immigrants could result in future increased state and
local health care costs. For example, eliminating prenatal services to
illegal immigrant women could result in higher Medi-Cal costs for their
infants, who would be citizens. In addition, failure to treat and control
serious contagious diseases, such as tuberculosis, Legislative Analyst's
Office July 21, 1994 Page 10 of 15 among illegal immigrants could increase
future costs to treat the disease in the general population.
Social Services
Currently, any child in need may receive child welfare services or foster
care benefits under Aid to Families with Dependent Children (AFDC). These
programs are supported by federal, state, and county funds. Initially,
counties provide foster care for illegal immigrant children at their own
expense. After the INS indicates that a child in foster care will not be
deported, the state and the federal government share in the cost.
This measure would prohibit counties and the state from providing these
services and benefits to children whose citizenship or legal status has not
been verified. Withholding these services would result in annual savings of
roughly $50 million to the counties and the state.
Public Schools
Based on the INS estimate of the total illegal immigrant population in
California, we estimate that roughly 300,000 students in California public
schools, out of a total of 5.3 million, are illegal immigrants. Excluding all
of these students from public schools could save the state up to $1.2 billion
annually. However, the u.S. Supreme Court decision in Plyler versus Doe held
that illegal immigrants could not be denied a public education, so these
savings would not be realized.
Public Colleges and Universities
The UC charges identified illegal immigrant students nonresident tuition.
The CCC charge these students nonresident tuition if they are taking courses
for credit. This tuition generally covers the state's cost of educating these
students. Consequently, there would not be any net savings from excluding
these already-identified students from those institutions. However, there
would be savings from this measure if more students who are currently paying
resident tuition are identified as illegal immigrants and excluded as a
result of more frequent and/or thorough verification.
The CSU and the CCC (for noncredit courses) do not charge students
nonresident tuition on the basis of the student's legal status. The CSU's
annual cost per student is about $3,000 higher than the amount of resident
fees. The CCC's annual net cost per noncredit student is $1,500.
Consequently, excluding illegal immigrant students from the CSU and from
noncredit courses at the CCC would result in savings.
022~-)J
September 8, 1994, Page 8
Overall, this measure would result in savings to public colleges and
universities that could be up to tens of millions of dollars annually.
Potential Risk of Losing Federal Funds
The measure requires school districts to report students who are
suspected illegal immigrants to the INS and the state Attorney General.
Making these reports without parental consent appears to violate the FERPA.
Compliance with FERPA is a condition of receiving federal education funds,
which total about $2.3 billion annually to school districts in California.
The Secretary of the U.S. Department of Education has indicated that the
reporting requirement in this measure could jeopardize the ability re Op of
California school districts to receive these funds.
Public colleges and universities in California receive at least $1.1
billion in federal funds subject to FERPA requirements. For these
institutions, FERPA prohibits release of student information without the
student's consent. The measure's reporting requirements also would put these
funds in jeopardy.
Federal matching funds for the AFDC program and the Medi-Cal program also
would be put at risk by the measure's reporting requirements. Existing
federal and state law require verification of legal status in order for
persons to qualify for most benefits and services provided by these programs.
However, federal regulations require the state and counties to keep
confidential the information provided by applicants. in order to continue
receiving federal matching funds. The total amount of federal funds at stake
is about $3 billion in the AFDC program, and more than $9 billion in the
Medi-Cal program.
Other provisions in the measure may conflict with federal laws that (1)
establish procedures agencies must follow before they can deny health or
welfare benefits to anyone and (2) make some immigrants who do not have
formal legal status eligible for benefits.
In total, the measure places at risk about $15 billion of federal funds.
Given the magnitude of this potential loss, the state and federal governments
would likely seek Legislative Analyst's Office July 21, 1994 Page 13 of 15
ways to avoid, or at least minimize, the loss. A solution, however, would
likely require changes in state and/or federal laws.
Verification and Reporting Costs
This measure would impose significant administrative costs on the state
and local governments to meet its verification provisions. These costs could
vary considerably, depending on the verification methods used.
Public Schools. School districts could incur large costs in 1995 in order
to meet the measure's deadline of January 1, 1996 to verify all students and
their parents. These one-time costs could range anywhere from tens of million
of dollars to in excess of $100 million. Ongoing costs for verification would
be less, potentially in the tens of millions of dollars annually statewide.
~tk/w 1'/
September 8, 1994, Page 9
Public Colleges and Universities. These institutions currently review the
legal status of many students, primarily to determine whether they qualify
for resident tuition. The measure, however, requires these institutions to
verify the legal status of all of their students (1.9 million statewide) at
the beginning of each semester or term. This requirement probably would cost
public colleges and universities a total of at least several million dollars
annually.
Social Service Agencies. County welfare offices currently must verify the
legal status of persons applying for welfare benefits in the AFDC or county
general assistance programs. There would be some additional costs, possibly
several million dollars annually statewide, to verify legal status in a
variety of smaller programs, such as child welfare services.
Publicly Funded Health Care Facilities. The legal status of Medi-Cal
recipients must be verified under current law (generally by the county
welfare office or the Social Security Administration). This measure also
requires verification of persons seeking other publicly funded health
services, such as county indigent health care and various public health
services. The cost of this verification process to counties and UC hospitals
could be up to several million dollars annually.
Law Enforcement
The costs to local law enforcement agencies to report suspected illegal
immigrants to the Attorney General could be up to $5 million annually. The
state costs to process the information from local law enforcement and other
reporting agencies (such as school districts) would be at least several
millions of dollars annually.
New Crimes
By creating new state crimes for making or using false documents to
conceal legal status, this measure could increase state and local costs to
arrest, prosecute, and incarcerate violators. However, these activities
already constitute federal crimes and also may be covered under existing
state laws. The state and local governments would incur additional costs only
to the extent that more persons are apprehended for these crimes and
prosecuted under state law. However, the state cost would be Legislative
Analyst's Office July 21, 1994 Page 15 of 15 about $2 million annually for
every hundred persons incarcerated. These costs could be offset in part by
revenue from fines.
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,2~-:I~
RESOLUTION NO. I 7 ¿5 r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OPPOSING PROPOSITION 187 RELATING
TO ILLEGAL ALIENS INELIGIBILITY FOR PUBLIC
SERVICES
WHEREAS, Proposition 187 won't reduce the number of
illegal immigrants, but will cause a host of new problems; and
WHEREAS, Proposition 187 is ambiguously drafted such that
it may violate impQrtant federal laws that govern federal funding
to our schools and health programs; and
WHEREAS, the independent, non-partisan Legislative
Analyst has determined these violations could end up costing
taxpayers $15 billion if Proposition 187 passed; and
WHEREAS, Proposition 187 would turn our doctors, nurses
and teachers into INS agents and our hospitals and schools into
immigration officers; and
WHEREAS, denying basic medical attention and
immunizations to people would increase the spread of costly and
preventable communicable diseases and threaten the health of All
Californians; and
WHEREAS, an estimated 400,000 kids without proper
documentation would be kicked out of school and onto the streets.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby oppose Proposition 187 on the
November 8, 1994 ballot.
Presented by
Shirley Horton, Vice-Mayor
c: Irslprop.187
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