HomeMy WebLinkAboutAgenda Packet 1998/03/03
"I declare tinder penalty of perJUry thlt I 1m
employed by the City of Chule Viet. In the
Office of the City Cler:, ~nd t~at : polted
Tuesday, March 3, 1998 this Agenda/Notice on the Bulletin Board at Council Chambers
4:00 p.m. the PU~BUilding~ Puhlic Services Buildin"
DATED SIGNED ~ 0
Reoular Meeting of the City of Chula Vista City Council
CALL TO ORDER
I. ROLL CALL: Council members Moot -' Padilla -' Rindone -' Salas -' and
Mayor Horton -'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: February 10, 1998, February 17, 1998, and February 24,1998.
4. SPECIAL ORDERS OF THE DAY:
a. The 1997 California Cities Helen Putnam Award for Excellence from the League of California
Cities recognizing the City's CO, Reduction Plan in the Environmental Quality Partnership
category will be presented hy Mayor Horton to Susan Herney, Cbair, CO, Reduction Plan
Committee, in recognition of tbe task force and its efforts in developll1g tbe plan.
CONSENT CALENDAR
(lrems 5 rhrough 14)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without disC/jssion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the hest of his knowledge from ohservance of
actions taken in Closed Session on 2/24/98 in which the City Attorney participated, that the
City Council announced the appointment of David D, Rowlands, Jr, 'lS City Manager
commencing 4/20/98. There were no other reportahle actions which are required under the
Brown Act to he reported. It is recommended that the letter be received and filed.
b. Letter from Fernanda Kelly requesting financial assistance to attend Presidential Classroom
in Washingtnn, D,c. on March 7 through March ]4, ]998. Staff recommends deferring action
on tbis item until additional information on the Presidential Classroom program is provided.
c. Letter from Dianna Maria Kryjewski, re-suhmitting request for a sidewalk and pathway in
the area surrounding and adjoining Otay Elementary School. It is recommended that this
request be re/erred to staff to work with the School District in developing a joint reconunendation.
Agenda -2- March 3, 1998
6. ORDINANCE 2724 AMENDING CHAPTER 15,48 OF THE MUNICIPAL CODE
REGULATING SWIMMING POOL ENCLOSURES (first readin2) - In
Septemher 1996, Governor Wilson signed into law AB-3305, The California
Swimming Pool Safety Act. The Act mandates local building departments
enforce minimum standards for fencing enclosures around pools and spas serving
single family dwellings. These new standards apply to all new swimming pools
permitted atier 111/98. Staff recommends Council place the ordinance on tirst
reading. (Director of Building and Housing)
7. RESOLUTION 18909 APPOINTING DAVID D. ROWLANDS, JR, AS CITY MANAGER - The
City Council directed that a resolution be prepared setting forth those terms and
conditions tor the initial employment of the new City Manager, David D.
Rowlands, Jr.. as agreed upon between the City Manager and the City Council.
Staff recommends approval of the resolution. (City Attorney)
8. RESOLUTION ]89]0 EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND
A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN
FARMERS' MARKET ON THURSDAY AFTERNOONS THROUGH
DECEMBER 1999 SUBJECT TO CONDITIONS OF APPROVAL - On
10/3/95, Council approved the closure of Center Street hetween Third Avenue
and Churcb Avenue on Thursday atìernoons for the Downtown Farmers'
Market. Tbe Market area was expanded on 6/24/97 to include a portion of
Church Avenue because the number of tanners was increased and a section for
crati hooths was added. The street closure has expired and the Downtown
Business Association has requested a (me-year extension witb options. Staff
recommends approval of the resolution. (Director of Community Development)
9. RESOLUTION 18911 AUTHORIZING THE TRANSFER OF FUNDS WITHIN THE LIBRARY
DEPARTMENT (1700) FROM VARIOUS 5101 ACCOUNTS INTO 5105
ACCOUNTS - In order to temporarily staff several vacancies, the library
wishes to transfer approximately $40,570 in salary savings from the 5101-
Salaries accounts to the 5105-Hourly Wages accounts. This will allow the
Lihrary to temporarily till its current vacant positions with hourly employees
until recnlltment tÓr these posit (ms can he completed. Staff recommends
approval of the resolution. (Lihrary Director)
10. RESOLUTION ]8912 ACCEPTING FEDERAL LIBRARY SERVICES AND TECHNOLOGY
ACT, NON-ENGLISH LANGUAGE MATERIALS GRANT FUNDS IN
THE AMOUNT OF $10,000, APPROPRIATING THE FUNDS AND
AMENDING THE FISCAL YEAR 1997/98 BUDGET - The California State
Library has awarded the Chula Vista Public Lihrary $10,000 in Federal Lihrary
Services and Technology Act, Non-English Language Materials Grant funds.
Funds will he used to tÜrther develop the excellent Spanish language collection
at the South Chula Vista Lihrary. Staff recommends approval of the resolution.
(Library Director) 4/5th's vote required.
Agenda -3- March 3, 1998
II. RESOLUTION 18913 ACCEPTING BIDS AND A WARDING PURCHASING AGREEMENTS
FOR THE PURCHASE OF FOURTEEN PICKUP TRUCKS - On 1I24/98,
an advertisement was placed in The Star News soliciting hids for the proposed
City purchase of fourteen pickup trucks. In addition, twenty-tour prospective
bidders from the Purchasing Agent's hid list, including two local vendors, were
contacted directly. On 2/ I 0/98, hids were opened tor the purchase of these
trucks. Twelve hidders responded. Two of the responsive hidders were local
dealerships. Staff recommends approval of the resolution awarding the
purchasing agreements to: People's Chevrolet of Chula Vista in the amount of
$197,689.59 tor the purchase of eleven pickup trucks; Fuller Ford of Chula
Vista in the amount of $18, 130.02 for the purchase of one pickup tmck; and Del
Amo Dodge of Torrance in the amount of $37,726.5\ for the purcbase of two
pickup trucks. (Director of Puhlic Works and Director of Finance)
12. RESOLUTION 18914 ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENT FOR
THE PURCHASE OF SIX INTERMEDIATE SIZE SEDANS - On 1I24/98,
an advertisement was placed in The Star News soliciting hids tor the proposed
City purchase of six intermediate-size sedans. In addition, twenty-two
prospective bidders Irom the Purchasing Agent's hid list, including two local
vendors, were contacted directly. On 2/3/98, the hids for the purchase of the
six intermediate sedans were opened. Eleven bidders, including the two local
vendors, responded. The lowest responsible hidder was Courtesy Chevrolet
with a net unit price of $14,502. Staff recommends approval of the resolution
awarding the purchasing agreement to Courtesy Chevrolet tor the purchase of
six intermediate sedans. (Dlfector of Puhlic Works and Director of Finance)
13. RESOLUTION 18915 REJECTING AS UNACCEPTABLE THE APPARENT LOWEST BIDDER
AND AWARDING PURCHASING AGREEMENT TO THE LOWEST
RESPONSIVE BIDDER DION INTERNATIONAL TRUCK SALES FOR
THE PURCHASE OF TWO 5-CUBIC YARD DUMP TRUCKS - On
1I24/98, an advertisement was placed in The Star News soliciting bids tor the
proposed City purchase of two 5-cuhic yard dump trucks. In addition, 12
prospective bidders from the Purcbasing Agent's hid list, including three local
vendors, were contacted directly. On 2/5/98, the hids IÙr the purchase of two
5-cubic yard dump trucks were opened. Three bidders responded, but none of
these were local. The lowest acceptable and responsive bidder was Dion
International Truck Sales with a net total price of $119,893.43. Staff
recommends approval of the resolution awarding the purchasing agreement to
Dion International Truck lor the purchase of two 5-cuhic yard dump trucks.
(Director of Public Works and Director of Finance)
14. RESOLUTION 18916 REVISING SALARY BANDS FOR EXECUTIVE MANAGEMENT
PERSONNEL - It hecame clear in the recent salary adjustments tor executive
managers that the salary hands used for those positions are extremely out-of-date
and need to be updated. They have not been increased overall since November
1992, when they were raised hy 2.5 %. Since that time, there have only been
some minor amendments to specific hands. Raising eacb of the bands hy 5 %
will allow the new City Manager more tlexihility li)f adjusting department head
salaries. The increases suggested apply only to tbe upper and lower limits of
the hands and do not necessarily hear any relationship to actual salaries of
positions within each hand. Staff recommends approval of tbe resolution. (City
Manager) 4/5th's vote required.
. . . ENO OF CONSliNT CAT.EN/M/I . . .
ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY
Agenda -4- March 3, 1998
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 agentÚl for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council On such a subject, please complete the "Request to Speak Under Oral Communications
Form" 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 amI follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised amI/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonn" al'ailable in the lobby and submit it to the City
Clerk prior to the meeting.
None suhmitted.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None subl11ittod.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
15. RESOLUTION 18917 AUTHORIZING STAFF TO FORM AN INDEPENDENT NON-PROFIT
CORPORATION TO OVERSEE THE BORDER ENVIRONMENTAL
COMMERCE ALLIANCE (BECA) PROGRAM - On 1110/95, Council
authorized the suhmittal of an applicatIOn to the Economic Development
Administration li)f a $2 million grant to IÜnd the BECA program. The term of
tbe grant was tbree years, at the end of wbicb time. the BECA program would
hecome a s<lf-supporting, non-profit entity which would continue to genorate
economic henetíts I"r Chula Vista and the San Diego region. The grant is due
to expire at the end of June 1998. Staff recommends approval of the resolution.
(Director of Community Development)
16. REPORT FOLLOW-UP ON REQUEST FOR ALL-WA Y STOP ON HIDDEN VISTA
DRIVE AT WOODHOUSE A VENUE - At the meeting of 1/20/98, the Mayor
indicated tbat she would like Council to reconsider placement of the stop signs
at Hidden Vista Drive. Bet"re staff installs the stop signs at this additional
intersection, staff was directed to analyze the traffic and vehicle speeds on tbe
suhject streets and hring those studies hack to Council. After that time, Council
can decide whether to rescind any previous action. Staff recommends Council
accept the report and make a determination wbether or not to set for public
hearing the reconsideration of the approval of the all-way stop at the intersection
of Hidden Vista Drive and Woodhouse Avenue. (Director of Public Works)
Agenda -5- March 3, 1998
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which hGl'e been remol'ed from the Consent Calendar,
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmel1lbers.
OTHER BUSINESS
17. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
18. MA YOR'S REPORT(S)
19. COUNCIL COMMENTS
ADIOlJRNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Councililleeting on Marcb 10, 1998
at 6:00 p.m. in the City Council Chambers.
A joint meeting of the City Council/Redevelopment Agency will he held immediately t(¡llowmg the City Council
meeting.
"I declare ..nder penalty of perjury that I am
emploj'ed by the City or C:,u!a Vista in the
Office of the City Cieri. and that I posted
this Agenda/Notice on the Bulletin Board at
Tuesday, March 3, 1998 the Public rvices Building š~o~" Council Chambers
4:00 p.m. DATED,..2. . SIGNED ~P'lhlic Services Building
(immediately following tbe City Council Mee' g)
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Effective April J, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on thefollowing
items of business which are pennilled 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.flllgj action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated
at this point in order to save costs so that the Council's return from closed session, reports of.flllgj action taken,
and Olljournment will not be videotaped. Nevertheless, the report of final action token will be recorded in the
minutes which will be al'ailable in the City Clerk's Office.
I. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956,9
. USA v. City of San Diego.
. Calderon v. City of Chula Vista.
. Wolfe v. City of Chula Vista.
. Griftin v. City of Chula Vista.
2. Anticipated litigation pursuant to Government Cnde Sel'tion 54956.9
. Western States Petroleum Association.
PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Sed;on 54957
. City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956,8
. Property: City right-of-way.
Negotiating parties: City of Chula Vista (Sid Morris) and SDG&E.
Under negotiations: Price and terms t"r interest in City right-of-way granted by
Gas and Electric Franchise.
. Property: Approximately 24.95 acres of property located at 1800
Maxwell Road, Chula Vista.
Negotiating parties: City of Chula Vista (Sid Moms) and SDG&E.
Under negotiations: Purchase price and terms.
Closed Session Agenda -2- March 3, 1998
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Goveroll1ent Code Section 54957,6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Oftïcers Association (POA) and International Association of Fire
Fighters (lAFF).
Unrepresented employee: Execotive Management, Mid-Management. and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
MEMO - UPDATED
To: Mayor Shirley Horton
Fr: Barbara Bamberger, Environmental Resource Manager
Re: Carbon Dioxide Reduction Task Force Members
RSVP's for CO2 Environmental Quality Award Recognition and Ceremony
Da: March 3,1998
The following CO2 Task Force members have RSVP'd that they will be in attendance at the
March 3rd Council meeting for the ceremony recognizing the work of the task force and the CO2
Plan. A copy of a letter sent to all the Ta,sk Force members inviting them to attend the ceremony
is attached.
Chair: Susan Hemey Chamber of Commerce Transportation Committee
Shirley Rivera Energy consultant, former SDGE staftþerson
Patti Davis Economic Development Commission
Andy Campbell Sweetwater School District
Deborah Scout Caltrans (representing Don Steiger)
Kim Crescensia SDGE
??Rod Davis Chamber of Commerce
I\tbJu.;\o f)brt.o- - ""Dc.. 'ë.-
P o.-ot ßo-.r f\ e..5!. - ~~L
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date: February 25, 1998
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorne~
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 2/24/98
The city Council met in Closed Session on 2/24/98 to discuss USA v.
city of San Diego; Western States Petroleum Association; Public
Employee Release: City Manager; and Public Employee Appointment:
City Manager.
The Redevelopment Agency met in Closed Session on 2/24/98 to
discuss Conference with Real Property Negotiator - Price and terms
for acquisition/disposition:
Assessor's Parcel Nos. 565-310-09 and 25; and 567-011-04:
San Diego Padres
Assessor's Parcel Nos. 760-048-03, 06 through 08, 16, 17, and 50
through 55: Port District and San Diego Padres
Assessor's Parcel Nos. 760-048-05 (portion of), 12, 15, and 59; and
571-330-13, and 17 (portion of): Port District and Rohr, Inc. and
San Diego Padres.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that the City council announced the
appointment of David D. Rowlands, Jr. as City Manager commencing
April 20, 1998. There were no other reportable actions which are
required under the Brown Act to be reported.
JMK:lgk
c: Iltlclossess.no
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276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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-------------- --.---------------------
RECEIVED ¡::¡::q
.. ÆB 23 P1:23
%'tY ~F CHULA VIST t,
J Y lERK'S OFFICE
January 15,1998
Dear Sponsor;
My name is Fernanda Kelly currently attending Eastlake High School as
a Junior, representing the class of 1999.
I was given the opportunity to visit the state of Washington D.C. with an
organization by the name of Presidential Classroom during the dates of March 7
through March 14, 1998. I was chosen to go because of my efforts in school and in
extra curricular activities such as tennis, water polo, and swimming.
The reason why I would like to visit Washington D.C. is because of the interest I
have in the nation's government, along with it's history, tradition, and culture. I would
also like to learn more about politics and communications, as they are a branch for my
future career in business and production.
To be able to go I need your support. I need to raise a total of $2,000 by March
1, 1998. Any contribution from you will be greatly appreciated. If you have any
questions, please call me at 421-0048 or contact me at my home address:
547 Port Harwick
Chula Vista CA. 91913 ~~Oø /'- pjJr'
. ~\Cþl.
Thank you for considering my request. ~ \),~
, GO~" Sincerely,
CC" ~ ~ (f) ~ . F"""od. Kelly
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DIANNA MARIA KRYJEWSKI RECEIVED
1647 Connoley Avenue
'98 FEl23 P3 :12 ChulaVista,CA 91911
619-422-0209
Fax 619 422-0506
~TY OF CHULA VIST /,
February 20th, 1998 . TY CLERK'SOfI1CE ---------
I
RE: Re-submission of request for Otay School Sidewalk FE823
Shirley Horton - Mayor of Chula Vista
Chula Vista City Council
As a concerned parent of two school age children (ages 8 and 6) who attend Otay Elementary School I
am submitting this letter for the second time, this time after the joint school board/city council meeting
of February 18'" 1998. In that meeting my husband (Marc) along with the Otay School Principal (Mr.
Reuben Casteneda were in attendance and not offered the opportunity to discuss the details of the
situation with the council. Staff received a verbal report from Mr. Billings of the school board who
addressed two issues. First he discussed the congregating water that could cause a possible health
liability in the grassy/marsh area. In this area the council membership were in agreement that there
should be action taken. The second area however was the request for a sidewalk, that request was
dismissed since Mr. Billings reported that the lack of a sidewalk represented "an inconvenience" to the
children whose only pathway to the school was through that area.
When there are moderate to heavy rains the grassy area that separates the school from the residences is
extremely water laden and prone to hold and maintain puddles. The unfortunate situation is that there is
no sidewalk for the children to walk on meaning that their feet become wet, they tend to get colds and
other weather related illnesses leading to a significant decrease in school attendance.
] fully understand that their are fiscal considerations and that resources are limited due to other projects
that have been initiated. Myself and the people who have signed this petition respectfully request that
you take another look into the cost feasibility of at least providing a decomposed gravel pathway
comparable to the one that has already been put into place in the schoolyard addition. The members of
the Otay community respect highly the resources that have been allocated to improve the school
facilities, however an improved facility that is not attended by sick children serves no benefit to the
greater good and overall objective.
We thank you in advance for your courtesy in this matter. Ifthere are any questions or facts that you
need please feel free to call me at (619)422-0209.
Thank you,
Dianna Maria Kryjewski
Otay Sidewalk Petition Coordinator
DMKldmk WRmEN CO MM UNlC~°tJ), ~
CC$J~M
(jJ h ¡#)./ ~C-/
COUNCIL AGENDA STATEMENT
Item No.: {;
Meeting Date: 03/03/98
;¿7.2Y
ITEM TITLE: Ordinance Amending Chapter 15.48 of the Chula Vista Municipal
COO, .",,""in8 Swim7~""
SUBMITTED BY: Director of Building and Housi .f",
REVIEWED BY: City Manager JGt ~ ..--z (4/5ths Vote: Yes - No-KJ
In September, 1996, Governor Wilson signed into law AB-3305, the California Swimming Pool
Safety Act. The Act mandates local building departments enforce minimum standards for fencing
enclosures around pools and spas serving single family dwellings. These new standards apply to all
new swimming pools permitted after January 1, 1998. Adoption of the proposed Ordinance
modifications ensures the requirements contained within the Chula Vista Municipal Code meet the
safety standards mandated by the Act.
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE PROPOSED
MODIFICATIONS TO THE ClillLA VISTA MUNICIPAL CODE, CHAPTER 15.48;
SWIMMING POOLS, AND PLACE THE ORDINANCE ON FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at their
regularly scheduled January 12, 1998 Meeting unanimously approved the recommended adoption of
the proposed modifications to Chapter 15.48 regarding swimming pool enclosures. No objections
were received by members of the public regarding the proposed modifications.
DISCUSSION: The Department of Building and Housing is proposing minor language modifications
to the c.v.M.c. to ensure our municipal requirements comply with the minimum State standards for
pool enclosure baniers. These new standards are not retroactive to existing swimming pools and are
applicable to swimming pools permitted after January 1, 1998.
While the City ofChula Vista is recognized as having a model swimming pool fencing Ordinance, the
proposed modifications are being advanced for the purpose of establishing consistency of language
between the c.v.MC. and the Swimming Pool Safety Act. The Q!))y change that will affect
homeowners having swimming pools constructed after January 1, 1998, is the installation ofan exit
alarm required on all doors leading to the swimming pool area ITom the residence. All other pool
safety provisions currently contained in the C.V.M.C., such as the requirement for a minimum 5'0"
fence high surrounding the property equipped with self-closing, self-latching gates will remain as part
of the Swimming Pool Fencing Ordinance.
t~/
Page 2 Item No.:-
Meeting Date: 03/03/98
In the event a homeowner should choose to not install an exit alarm on doors leading to the
swimming pool area, then the available option is to separate the residence ITom the swimming pool
area with a 5'0" high fence enclosure equipped with self-closing, self-latching gates.
Staff is also taking this opportunity to update existing code provisions by eliminating antiquated
language and inserting wording that is consistent with the standards enforced by the County of San
Diego, Department of Environmental Health for public swimming pools. The proposed changes have
been reviewed by the County Department of Environmental Health who concur with the
modifications.
As in all cases involving proposed modifications to construction standards, the Department provided
notification to all swimming pool contractors with City Business Licenses (24) as well as providing
handouts at the public counter depicting the proposed modifications to Chapter 15.48.
FISCAL IMP ACT: None. No increase in fees are proposed with the modifications and no additional
inspections are required by field staff.
Attachments:
~ Exhibit A - Proposed Revisions to Chapter 15.48
Exhibit B - Minutes of Regularly Scheduled Meeting of the Board of Appeals and
Advisors, January 12, 1998, Item 3-A: Proposed Ordinance Changes to Pool
O~ Enclosure Requirements
~
KGIÆWR:bwr!yu
(H:\SHAREDIBLD - HSG\AI13POOL. WPD)
t-;L
ORDINANCE NO. ~ 7:¿Y
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.48 OF THE CHULA VISTA MUNICIPAL CODE
REGULATING SWIMMING POOL ENCLOSURES
The City Council of the City of Chu1a Vista does hereby
ordain as follows:
SECTION I: That Chapter 15.48 of the Chu1a Vista
Municipal Code is hereby amended to read as follows:
Sec:. 15.48.010 Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
A. "Enclosure" means a fence or otacr selià atructuFe uita
opel'liI'l§'S, aeles eF ~aps taereil'l l'Ie lel'lg'eF taal'l b;e al'là
OHe aalf il'lcaes il'l al'lY àimcl'Isiel'll previàeà, ae\;e7Cr, that if
a pieltet fel'lee is ereeteà er mail'ltail'lcà, the aeriBel'ltal
àimel'lsiel'ls saalll'let cucecà fear il'lcaesl al'là pro7iàeà
furtaer taat a à\.-elliI'lEJ Reuse er accesaory 1:milàil'l~ may lee
aaeà aa part ef SlieR el'lclesurc. , wall or other barrier that
completely surrounds a swimminq pool lot or premises.
"Exit alarms" means devices that make audible. continuous
alarm sounds when any door that permits access from the
residence to the pool area that is without any interveninq
enclosure. is opened or is left aiar. Exit alarms may be
battery operated or may be connected to the electrical
wirinq of the buildinq.
"Public swimminq pool" means a swimminq pool operated for
the use of the qeneral public with or without charqe. or for
the use of the members and quests of a private club. Public
swimminq pool does not include a swimminq pool located on
the qrounds of a private sinqle-familv home.
B-. "Swimming pool" or "pool" means a eoRtaiRcF or atructaFc
àesig'Reà fer er used fer s\Jill\mil'l~ BE' \Jaàin~ Jay peFaeHS, or
\Jaica is àeai~Rcà fer er aseà as a fiaa peRà or lily peRà.
any structure intended for swimminq or recreational bathinq
that contains water over 18 inches deep. "Swimminq pool"
includes in-qround and above-qround structures and includes.
but is not limited to. hot tubs. spas. portable spas. and
nonportable wadinq pools.
Sec. 15.48.020 Enclosure required-Exception.
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Every person in possession of land within the city, either
as owner, purchaser under contract, lessee, tenant, or licensee,
upon which is situated a swimming pool, shall at all times
maintain on the lot or premises upon which such a pool is
located, and completely surrounding such pool, lot or premises, a
substantial fence or other solid structure not less than five
feet in height, with openings, holes or gaps therein no larger
than four inches in any dimension. ; pra"dded, ha\lever, that if a
picket feRee is ereeted or maiRtaiRed, the harieaRtal dimeRsioR
ohall Rat eueeed faur iRches; provided f~rther that 8any wall of
a ef!e- sinqle family dwellinq. duplex aRd tole family do;el 1 iR'!J ,
or a ';all or '\lalls, haviREJ Ra doars that apeR directly iRta the
peel area, af aR apartment building or accessory buildings-
thereto, may be used as part of the enclosure. The vertical
clearance from the around to the bottom of the enclosure shall be
no more than two inches and the outside surface shall be free of
protrusions. cavities. or other physical characteristics that
would serve as handholds or footholds that could enable a child
below the acre of five years to climb over. Doors and oates in
these walls shall meet the requirements of Sec. 15.48.030.
EuseptiaRI BuildiREJS clasaed BY the BuildiREJ sade as other
thaR a aRe ar b.a family d'l:elliREJ aRd aaed, reRted, ar leased
for adalt acsapaRsy aRly may have a feRce or ather auBstaRtial
str~etare of Rat leas thaR three feet iR heiEJht afld may have
daara apeRiREJ directly iRta the paal area.
Sec. 15.48.030 Gates and doors in enc1osure-Specifications-
Exception.
All gates and doors opening through such enclosures shall be
equipped with a self-closing and self-latching device located at
least four feet six inches above ground level, designated to keep
and capable of keeping such door or gate securely closed at all
times when not in actual use; provided, ha'\1e",¡er, that the daoE' of
aRyaRe or tole family d'\1elliREJ ar aR adè11 t aecupaflcy BuildiREJ
'ffiere such BuildiREJ forma aRY part af the eRelasure hereiR
reqè1ired, Reed Rat Be so equipped.
E¡cceptiaRI BuildiREJs classed BY the BuildiREJ eade as ather
thaR aRe family or t'lJO family d'llelliREJS aRd ueed, reRted or
leased far adè11t aecupaRcy aRly, shall have T~he self-latching
device shall be located on the pool side of the fence and shall
be a minimum of six inches below the top of the fence. All open
type fences and gates shall have solid areas extending a minimum
of twenty-four inches in all directions from below the latching
device.
In addition to the above requirements. sinqle familY dwellinqs
and attached or detached qaraqes leadina to the pool area shall
be provided with one of the followina safety features:
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s.... The pool shall be isolated from access to a home bv an
enclosure that meets the requirements of Sec.
15.48.020.
Q... The residence will be eauipped with exit alarms on
those doors providina direct access to the pool.
.Q.... All doors providina direct access from the home to the
swimmina pool shall be eauipped with a self-closina.
self-latchina device with a release mechanism placed no
lower than 54 inches above the floor.
.I!... Other means of protection. if the dearee of protection
afforded is eaual to or areater than that afforded bv
anv of the devices set forth in subdivisions (a) to
(d). inclusive. as determined bv the Director of
Buildina and Housina.
Exception: Sinale familv dwellinas with hot tubs or spas
eauipped with lockinq safetv covers that complv with
American Societv for Testina Materials - Emeraencv
Performance Specification (ASTM - ES 13-89) need not complv
with anv of the additional requirements a) throuah e) above.
Sec. 15.48.040 Gates and doors in enclosure-Modifications of
specifications permitted when.
The Director of Buildinq and Housinq buildiR~ inapecter may
make a slight modification, for good cause shown in individual
cases, with respect to the nature or position of the latch
required by Section 15.48.030. Upon the application of a
property owner, the Director of Buildinq and Housina building
inspector may grant extensions of time for compliance, for good
cause shown in individual cases. Such extensions of time shall
not exceed thirty days at a time.
Sec. 15.48.060 Variances from regulations permitted
when-Procedure.
The owners, occupants or persons in possession or control of
the property wherein a swimming pool is located subject to the
provisions of this chapter may apply for modification or variance
of the terms and regulations set forth in this chapter. The
application fee for a hearing before the Board of Appeals and
Advisors is as set forth in the Master Fee Schedule tfie Required
¥ee-f5t. The application submitted to the Department of Building
and Housing shall be reviewed by the Director of Building and
Housing to determine whether or not the modification as requested
would adversely affect the public health, safety or general
welfare. The Director of Building and Housing shall forward his
report and recommendation to the Board of Appeals. The Board of
Appeals shall review the report, allow and provide for specific
3
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modifications of terms of the chapter when it shall be determined
that strict compliance with the terms of this chapter will not
materially benefit or safeguard the public and that the work to
be done will result in undue hardship to the owners or occupants
or persons in possession or in control of the property.
Sec. 15.48.070 Location of pool-Limitations.
No swimming pool shall be permitted in any front yard, as
defined in the zoning ordinance of the city, or in any side yard,
as defined in the zoning ordinance of the city, facing on a
dedicated street.
Sec. 15.48.080 Compliance required-Time limit-certain provisions
not retroactive.
'Phe prayisiafls af this chapter shall se eslilplied .:ith ..ithifl
forty five àays after the effective àate sf the aràiflaflee
eaàifieà ifl this ehapter. This chapter shall not be retroactive
with respect to its provisions governing the location of swimming
pools and with respect to the provisions of Section 15.48.050.
Sec. 15.48.090 Other protective devices authorized when.
Other protective devices or structures may be used providing
such structures and protective devices have been previously
approved by the board of appeals of the city. The board of
appeals shall determine that the degree of protection provided by
the substitute devices or structures is not less than the
protection afforded by the fence, gate, self-latching and
self-closing device described elsewhere in this chapter.
Sec. 15.48.100 Violation-Continuation deemed nuisance.
The continuation of any violation of the provisions of this
chapter is declared to be a nuisance.
Sec. 15.48.105 Review of plans for public swimming pools-Fee.
Any person desiring the review and approval of plans and
specifications for a public swimming pool by the Director of
Environmental ~ Health pursuant to section 116038 7788 of
'Pitle 17 of the California Health and Safetv Code Admiflistrati '..e
eeàe shall submit the plans to the director accompanied by a fee
as set forth in this section to cover the cost of the review. As
soon after the plans and specifications are submitted as is
practical, the director shall review or cause to be reviewed the
plans and specifications and shall determine whether they are in
accordance with the requirements of the California Health and
Safetv Code. the California Code of Requlations. the California
Buildinq Code and the California Electrical Code pertaininq to
public pools £eetiafls 7788 ct seq. af Title 17 af the Califarflia
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Admißistrati?c Cede. In the event that the plans and
specifications do not comply with the Admißistrativc Code§
previsiaßs, amended plans and specifications may be submitted to
the Director for rereview and approval, and the fee for each such
rereview shall be as set forth in this section, payable to the
Director in advance. The fees are as fello,.s: shall be that as
established bv the Countv of San Dieqo Board of Supervisors in
the Annual Fee Ordinance commencinq with Section 65.107 of the
San Dieqo Countv Code of Requlatory Ordinances
A. Peel rlaß revie" .$5Ð.OO.
B. reel rlaß rerevic',. .$2Ð.00.
Sec. 15.48.110 Public pool-Permit required.
No person shall maintain or operate any pool except a
private pool unless an annual operating permit is issued therefor
by the oeaßty health effiee r Director of Environmental Health.
A pool shall be considered a private pool if it is intended for
non-commercial use as a swimminq pool bY not more than three
owner families and their quests maißtaißed BY aß ißdividual for
the ase ef his family and frießdG and for s\o'immin'J instrustioß
pre'Jrams of shert daratieß ,,'hich are soßducted B)' or speßsored BY
the .'.ifterioaß Red Cress er ather like rcoe'Jßii3ed er'Jaßii3atiaß. An
annual operating permit issued by the Director of Environmental
Health oeaßty health effioer is required for the operation of
any public pool including, but not limited to, all commercial
pools, real estate and community pools, pools at hotels, motels,
resorts, auto and trailer parks, auto courts, apartment houses,
clubs, public or private schools and gymnasia, and health
establishments. Every person applying for a permit as required
by this section shall, at the time of making application for such
permit, pay an annual inspection fee of sixty dollars for the
first pool under one ownership and on the same property, and a
fee of thirty dallal's fer cash aàditienal peel Oß the same
property aßd aßder the same 6'oŒership folle\:G shall be that as
established by the County of San Dieqo Board of Supervisors in
the Annual Fee Ordinance commencinq with Section 65.107 of the
San Dieqo County Code of Requlatory Ordinances. The annual
operating permit shall be effectiye for a twelve-month period
from the date of issuance.
Penalties for late payment of the Health Permit shall be as
established in the San Dieqo County Fee Ordinance.
Iß aßY sa!3e 'o'here the applioaßt ha!3 failed fer a perieà of
thirty days to file thc applisatieß aßd oBtaiß thc permit
reqaired BY thi!3 sestieß, there Ghall Be added te aßd sellested
\o'ith the ißspectieß fee a peßalty equal te tcß perseßt ef the
fee; aßd fer eash additießal MaRth er frastieß ef a meßth after
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the e¡¡fliratieR ef said thirty day fleried that the applioaRt fails
to file sueR applieatieR aRd eetaiR sueR permit, there shall ee
added te aRd eelleeted \:ith the iRopeetieR fee aR aàditienal
peRalty equal te teR pereeRt of the iRspeetieR fee; pre,ideà,
hO\:ever, that iR fie eve fit shall the tetal peflalty added te the
iRspeetieR fee pursuaRt te this seotieR ee mere thaR sixty
peroeRt ef the iRsfleetioR fee. The impesitieR er paymeRt ef the
peRalty impesed ey this seetieR shall Ret pre.eRt the impesitieR
of aflY ether peRalty preserieed ey state I a',. or eity erdiRaRee,
Rer shall it preveRt a orimiRal proseeutieR for vielatieR ef this
chapter.
Sec. 15.48.120 Public pool-Renewal of permit-Penalty for
delinquency.
A permit issued pursuant to this chapter shall be renewed
annually. Application for the renewal shall be made to the
OouRty health effieer Director of Environmental Health. At the
time application is made, there shall be paid to the county
health officer the annual fee prescribed by Section 15.48.110.
The annual fee, if unpaid longer than thirty days after the
expiration of the previous permit, is delinquent, and thereafter
a penalty shall be imposed in the manner prescribed in Section
15.48.110.
Sec. 15.48.130 Enforcement of Sections 15.48.110 and 15.48.120.
The County of San Diego, acting through its officers and
employees, shall enforce the provisions of Sections 15.48.110 and
15.48.120 and carry out such inspection activities pursuant to
the agreement for puBlic health services entered into on December
7, 1952; provided, however, that the city shall undertake
appropriate legal action for any violation of said sections.
SECTION II: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
Kenneth Larsen, Director of
Building and Housing
c: \or\chap1548
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Exhibit A
Chapter 15.48
SWIMMING POOLS
Sections:
15.48.010 Definitions.
15.48.020 Enclosure required-Exception.
15.48.030 Gates and doors in enclosure-Specifications-Exception.
15.48.040 Gates and doors in enclosure-Modifications of specifications permitted
when.
15.48.060 Variances from regulations permitted when-Procedure.
15.48.070 Location of pool-Limitations.
15.48.080 Compliance required-Timelimit-Certain provisions not retroactive.
15.48.090 Other protective devices authorized when.
15.48.100 Violation-Continuation deemed nuisance.
15.48.105 Review of plans for public swimming pools-Fee.
15.48.110 Public pool-Permit required.
15.48.120 Public pool-Renewal of permit-Penalty for delinquency.
15.48.130 Enforcement of Sections 15.48.110 and 15.48.120.
15.48.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
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"Approved safetv pool cover" means a manually or power-operated safety pool cover that meets
all the peñormance standards of the American Societv for Testina and Materials (ASTM). in
compliance with standard F1346-91.
A. "Enclosure" means a fence or other 30lid 3!ructUFe ..ith openings, holes or gaps therein no longer
than to.o and one half inches in an~ dimension, pro.ided, ho..e.er, that if II picket fence is
erected or maintllined, the; horizontal dimensions shllil not exceed four inche3, IInd pro.ided
further that II d..elling house; or IIccessol') building mll~ be used liS part of such enelosur-e. , wall
or other barrier that completelY surrounds a swimmina pool lot or premises.
"Exit alarms" means devices that make audible. continuous alarm sounds when any door that
permits access from the residence to the pool area that is without any intervenina enclosure, is
opened or is left aiar. Exit alarms may be batterY operated or may be connected to the electrical
wirina of the buildina.
"Public swimmina pool" means a swimmina pool operated for the use of the aeneral public with
or without charae or for the use of the members and Quests of a private club. Public swimmina
pool does not include a swimmina pool located on the arounds of a private sinale-familY home.
B-. "Swimming pool" or "pool" means II container or 3!ructure designed for or used for S'I.imming or
wilding by persons, or ..hieh is de;3igned for or used liS a fish pond or lily pond. any structure
intended for swimmina or recreational bathina that contains water over 18 inches deep.
"Swimmina pool" includes in-around and above-around structures and includes. but is not limited
to. hot tubs, spas, portable spas, and nonportable wadina pools.
15.48.020 Enclosure required-Exception.
2
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Every person in possession of land within the city, either as owner, purchaser under contract,
lessee, tenant, or licensee, upon which is situated a swimming pool, shall at all times maintain on the lot
or premises upon which such a pool is located, and completely surrounding such pool, lot or premises, a
substantial fence or other solid structure not less than five feet in height, with openings, holes or gaps
therein no larger than four inches in any dimension. ~royided, ho..eyer, that if a fJicket knee is el'£cted
or maintained, the horizental dimension shall not exceed four inches, fJroyided further that t,any wall of a
one- sinGle family dwellinG, duplex and t..o family d..elling, or a ..all or ..alls, haying ne doors that ofJen
directly into the fJool area, ef an apartment building or accessory buildings-thereto, may be used as part
of the enclosure. The vertical clearance from the around to the bottom of the enclosure shall be no more
than two inches and the outside surface shall be free of protrusions. cavities or other phvsical
characteristics that would serve as hand holds or footholds that could enable a child below the aae of five
years to climb over. Doors and oates in these walls shall meet the reQuirements of Sec. 15.48.030.
Cxcef)tion. Duildings classed by the building rode as ether than a one er I.yO family d..elling
and used, I'£nted, or leased for adult occufJancy only may haye a fence or other substantial structure of
not less than three feet in height and may have dool'5 ofJening directly into the fJool area.
15.48.030 Gates and doors in enclosure-Specifications-Exception.
All gates and doors opening through such enclosures shall be equipped with a self-closing and
self-latching device located at least four feet six inches above ground level, designated to keep and
capable of keeping such door or gate securely closed at all times when not in actual use, fJroyided,
ho.weyer, that the door of anyone or two family d~,elling or an adult occufJaney building y.hel'£ such
building forms any fJart of the enclosure herein required, need not be so equifJfJed.
Exeeption. Duildings classed by the building code as other than one family or t'..o family
d.yellings and used, rented or leased for adult occufJaney only, shall have Tthe self-latching device shall
3
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~ located on the pool side of the fence and shall be a minimum of six inches below the top of the fence.
All open type fences and gates shall have solid areas extending a minimum of twenty-four inches in all
directions from below the latching device.
In addition to the above reQuirements. sinale familv dwellinas and attached or detached aaraaes leadina
to the Dool area shall be Drovided with one of the followina safety features:
1h The Dool shall be isolated from access to a home bY an enclosure that meets the
reQuirements of Sec. 15.48.020.
Q, The residence will be eQuipped with exit alarms on those doors providina direct access
to the Dool.
Q, All doors Drovidina direct access from the home to the swimmina Dool shall be eauiDDed
with a self-closinQ, self-Iatchina device with a release mechanism Dlaced no lower than
54 inches above the floor.
Q." Other means of Drotection, if the decree of Drotection afforded is eQual to or areater than
that afforded by any of the devices set forth in subdivisions (a) to (d). inclusive. as
determined bY the Director of Buildina and Housina.
ExceDtion: Sinale family dwellinas with hot tubs or SDas eauiDDed with lockina safety covers that
comply with American Society for Testina Materials - Emeraency Peñormance SDecification
(ASTM - ES 13-89) need not complY with any of the additional reQuirements a) throuah e) above.
(Ord. 1244 §1 (part), 1969; Ord. 1049 §1 (part), 1967; prior code §29.3).
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15.48.040 Gates and doors in enclosure-Modifications of specifications permitted when.
The Director of Buildina and Housina building in:spector may make a slight modification, for good
cause shown in individual cases, with respect to the nature or position of the latch required by Section
15.48.030. Upon the application of a property owner, the Director of Buildina and Housina btIitding
iflspeetor may grant extensions of time for compliance. for good cause shown in individual cases. Such
extensions of time shall not exceed thirty days at a time. (Prior code §29.4).
15.48.060 Variances from regulations permitted when-Procedure.
The owners, occupants or persons in possession or control of the property wherein a swimming
pool is located subject to the provisions of this chapter may apply for modification or variance of the
terms and regulations set forth in this chapter. The application fee for a hearing before the Board of
Appeals and Advisors is as set forth in the Master Fee Schedule tile Required ree(g). The application
submitted to the Department of Building and Housing shall be reviewed by the Director of Building and
Housing to determine whether or not the modification as requested would adversely affect the public
health, safety or general welfare. The Director of Building and Housing shall forward his report and
recommendation to the Board of Appeals. The Board of Appeals shall review the report, allow and
provide for specific modifications of terms of the chapter when it shall be determined that strict
compliance with the terms of this chapter will not materially benefit or safeguard the public and that the
work to be done will result in undue hardship to the owners or occupants or persons in possession or in
control of the property. (Ord. 2506 §1 (part), 1992; Ord. 2171 §1, 1986; Ord. 1211 §1, 1969; prior code
§29.6).
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15.48.070 Location of pool-Limitations.
No swimming pool shall be pennitted in any front yard, as defined in the zoning ordinance ofthe
city, or in any side yard, as defined in the zoning ordinance of the city, facing on a dedicated street.
(Prior code §29.7).
15.48.080 Compliance required-Time limit-Certain provisions not retroactive.
The provisions of this chapter shall be complied "ith "ithin forty five days after the effective
date of the orðinanœ codified in this chapter. This chapter shall not be retroactive with respect to its
provisions goveming the location of swimming pools and with respect to the provisions of Section
15.48.050. (Prior code §29.8).
15.48.090 Other protective devices authorized when.
Other protective devices or structures may be used providing such structures and protective
devices have been previously approved by the board of appeals of the city. The board of appeals shall
detennine that the degree of protection provided by the substitute devices or structures is not less than
the protection afforded by the fence, gate, self-latching and self-closing device described elsewhere in
this chapter. (Ord. 1049 §2, 1967; prior code §29.10).
15.48.100 Violation-Continuation deemed nuisance.
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The continuation of any violation of the provisions of this chapter is declared to be a nuisance.
(Prior code §29.9).
15.48.105 Review of plans for public swimming pools-Fee.
Any person desiring the review and approval of plans and specifications for a public swimming
pool by the Director of Environmental pubHe Health pursuant to Section 116038 7780 of Title 17 of the
California Health and Safety Code Administrative Code shall submit the plans to the director
accompanied by a fee as set forth in this section to cover the cost of the review. As soon after the plans
and specifications are submitted as is practical, the director shall review or cause to be reviewed the
plans and specifications and shall determine whether they are in accordance with the requirements of the
Califomia Health and Safety Code. the California Code of ReQulations, the Califomia Buildin!! Code and
the California Electrical Code pertainin!! to public pools Oactions 7180 et seq. of Title 17 of the
California Administrative-€ðde. In the event that the plans and specifications do not comply with the
Administrative: Code§ provisions, amended plans and specifications may be submitted to the Director for
rereview and approval, and the fee for each such rereyiew shall be as set forth in this section, payable to
the Director in advance. The fees are as follo..s:shall be that as established by the County of San Die!!o
Board of Supervisors in the Annual Fee Ordinance commencin!! with Section 65.107 of the San Die!!o
County Code of Reaulatorv Ordinances
A. roolrlanrevie~,.................$SO.OO.
D. roolrlanrercvie..................$20.00.
(Ord. 2001 §1 (part), 1982).
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15.48.110 Public pool-Permit required.
No person shall maintain or operate any pool except a private pool unless an annual operating
permit is issued therefor by the co~nty health office r Director of Environmental Health. A pool shall be
considered a private pool if it is intended for non-commercial use as a swimminQ pool bv not more than
three owner families and their Quests maintained by an individ~al for the ~se of his family and friends
and for !Nvimming instr~ction programs of short d~ration .vhich are eond~cted by or sponsored by the
Amuican Red Cross or other like recognized organization. An annual operating permit issued by the
Director of Environmental Health county health officer is required for the operation of any public pool
including, but not limited to, all commercial pools, real estate and community pools, pools at hotels,
motels, resorts, auto and trailer parks, auto courts, apartment houses, clubs, public or private schools
and gymnasia, and health establishments. Every person applying for a permit as required by this section
shall, at the time of making application for such pennit, pay an annual inspection fee of sixty dollars for
the first pool under one ownership and on the same property, and a fee of thirty dollars for each
8ddiIionai pool on the same property and under the same ovvnership folIows-:shall be that as established
bv the Countv of San DieQo Board of Supervisors in the Annual Fee Ordinance commencinQ with
Section 65.107 of the San DieQo Countv Code of ReQulatorv Ordinances. The annual operating permit
shall be effective for a twelve-month period from the date of issuance.
Penalties for late payment of the Health Permit shall be as established in the San DieQo County
Fee Ordinance.
In any case "here tne applicant has failed for a period of thirty days to file the application and
obtain the permit requifed-by-lhis-sedion, there snail be added to and collected nith the in3pection fee a
penalty eq~al to ten percent of the fee, and for each additional month or fraction of a montn after the
expiration of said tnirty day period that the applicant fails to file such application and obtain s~ch permit,
8
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there 3hall be added to and collected "ith the in3pection fee an additional penalty Eq~al to ten percent of
the inspection fee, pfßvided, ho~vevf;f, that in no event shall the total penalty added to the inspection fee
p~l'S~ant to thi3 3edion be more than 3ixty pereent of the in3pection fee. The imposition or payment of
the panalty imp03ed by thi3 3ection 3hall not prevent the imposition of any other penalty pf£3eribed by
state la~, or city ordinance, nor 3hall it prevent a criminal pfßsecution for violation of this chapter. (Ord.
2001 §1 (part), 1982; Ord. 1700 §1 (part), 1976).
15.48.120 Public pool-Renewal of permit-Penalty for delinquency.
A permit issued pursuant to this chapter shall be renewed annually. Application for the renewal
shall be made to the county health officer Director of Environmental Health. At the time application is
made, there shall be paid to the county health officer the annual fee prescribed by Section 15.48.110.
The annual fee, if unpaid longer than thirty days after the expiration of the previous permit, is delinquent,
and thereafter a penalty shall be imposed in the manner prescribed in Section 15.48.110. (Ord. 1700 §1
(part), 1976).
15.48.130 Enforcement of Sections 15.48.110 and 15.48.120.
The county of San Diego, acting through its officers and employees, shall enforce the provisions
of Sections 15.48.110 and 15.48.120 and carry out such inspection activities pursuant to the agreement
for-pttblie health services entered into on December 7, 1952; provided, however, that the city shall
undertake appropriate legal action for any violation of said sections. (Ord. 1700 §1 (part), 1976).
9
¿ -/7
Exhibit B
MmUÆSOFAMGUURMEflmG
BOARD OF APPEALS AND ADVISORS
CITY OF CHULA VISTA, CALIFORNIA
January 12, 1998 Conference Room No.1 5:15 p.m.
MEMBERS PRESENT: Chairman Triplette, Vice-Chairman Gingerich, Board
Members Fabrick, Harter, Kaya, O'Neill and Compton
MEMBERS ABSENT: None
CITY STAFF PRESENT: Director of Building & Housing Larsen and Administrative
Secretary Uybungco
CALL MEETING TO ORDER: Chairman Triplette called the meeting to order at 5: 15 p.m.
ROLL CALL: Members present constituted a quorum.
1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: N/A
2, APPROVAL OF MINUTES: N/A
3. NEW BUSINESS:
A. Proposed Ordinance Changes to Pool Enclosure Requirements:
Chairman Triplette deferred the item to Director Larsen.
Director Larsen briefly explained the contents of the packet, which
contained the following: (1) Staff Report; (2) Proposed Ordinance
Amendment; and, (3) Legislative Interpretation. The Board was informed
that the proposed changes are only applicable for swimming pools of
single family dwellings, not for apartments, condominiums nor other
commercial uses.
Board Member Harter requested clarification for the requirement of gate
latches.
Chairman Triplette requested clarification on the allowable use of battery
operated alarm systems.
Vice-Chairman Gingerich expressed concerns of battery operated systems
and the maintenance of battery replacements.
r:: ,') ~
Board of Appeals & Advisors -2- January 12, 1998
Board Member O'Neill commented that the Board cannot legislate human
behavior.
Director Larsen acknowledged the concerns expressed. Director Larsen
stated that builders will place hard wiring systems for new dwellings which
will be aesthetically driven. However, battery operated systems must be
allowed for existing structures.
Board Member O'Neill Inquired about the requirements for french doors
and sliding glass doors.
Board Member Harter stated that there are self closures for glass doors.
Director Larsen reminded that Board that all installations must be subject
to the approval of the Director of Building and Housing. Director Larsen
advised the Board that the proposed changes are for minimum standards;
however, the Board Is empowered to make amendments to the Ordinance
prior to approval for adoption.
Board Member Harter made a motion to delete Item b from page 4 of the
proposed Ordinance which reads..."The pool shall be equipped with an
approved safety pool cover."
Chairman Trlplette opened the motion for discussion.
Board Member O'Neill stated that the cover served two functions; (1) to
keep pool clean and warm, and (2) should be able to withstand a person's
weight. Mr. O'Neill added that it would be reasonable to require the
installation of an alarm Inconjunction with the pool cover. Mr. O'Neill
Inquired whether the cover will alleviate the requirement for perimeter
fencing.
Director Larsen responded that regardless of the placement of a cover, the
perimeter fencing must still be In place.
MSC (Harter/O'Neill) (5-2) (Trlplette and Gingerich opposed) to delete
item b on page 4 of the Proposed Ordinance.
MSUC (Harter/Gingerich) (7-0) to accept Staff's recommended Ordinance
Changes to Pool Enclosure Requirements with the above amended item.
¡; -/7
COUNCIL AGENDA STATEMENT
ITEM: -2
MEETING DATE: March 3, 1998
ITEM TITLE: Resolution No. )g'1Ó9 : Appointing David D.
Rowlands, Jr. as City Manager
SUBMITTED BY: City Attorney ~~
4j5ths Vote: ( ) Yes (X) No
The City Council directed that a resolution be prepared setting
forth those terms and conditions for the initial employment of the
new City Manager, David D. Rowlands, Jr., as agreed upon between
the City Manager and the City Council.
RECOMMENDATION: Adopt resolution approving the terms and
conditions of the employment agreement between
the City and David D. Rowlands, Jr.
7-/
RESOLUTION NO./~;t(V5f
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPOINTING DAVID D. ROWLANDS, JR.
AS CITY MANAGER
WHEREAS, the city Council of the City of Chula vista in
Closed Session on February 17, 1998 voted to extend an offer to
David D. Rowlands, Jr. to be the City Manager of the City of Chula
vista by a vote of 5-0; and
WHEREAS, David D. Rowlands, Jr. has accepted such offer;
and
WHEREAS, the Council established the initial date of Mr.
Rowlands' assumption of office on February 24, 1998; and
WHEREAS, it is necessary and appropriate to establish the
the terms and conditions in connection therewith.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
city of Chula Vista, that pursuant to section 500 of the Charter of
the City of Chula Vista, David D. Rowlands be and he is hereby
elected as city Manager of the City of Chula Vista, pursuant to the
terms and conditions set forth in Attachment A hereto, to commence
his employment on April 20, 1998.
Presented and Approved as to form by
?-J-
Attachment A
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND DAVID D. ROWLANDS, JR
This Agreement, is made and entered into this 24th day of
February, 1998, by and between the City of Chula Vista ("city"), a
chartered municipal corporation ("Employer" or "Council" ) and
David D. Rowlands, Jr, ("Employee" or "Manager"), with reference tò
the following facts:
A. Whereas, the City Manager is an appointed position, as set
forth by the City of Chula vista Charter Section 500; and
B. Whereas, the City Council desires to appoint the Employee
as the City Manager; and
C. Whereas, the Employee desires to accept employment as the
City Manager; and
D. Whereas the Council and Employee wish to memorialize the
terms and conditions of such employment.
NOW THEREFORE,in consideration of the mutual covenants herein
contained, the parties agree as follows:
section 1. Term and Nature of Employment.
a. The Manager is to serve at the pleasure of the Council for
an indefinite period of time. Nothing herein shall be construed to
imply or suggest a guarantee of tenure. Chula vista City Charter
Section 500 defines the nature of this employment relationship.
b. Nothing herein shall prevent, limit or otherwise interfere
with the right of the Manager to resign at any time from his
position with Employer, with thirty (30) advanced written notice to
the council unless waived by the council.
section 2. compensation.
a. Employer agrees to pay the Manager an annual salary of
$140,000, payable in the same manner as other employees of the City
effective April 20, 1998.
b. The Employer shall pay the Manager's Public Employees
Retirement System contribution.
c. The Employer shall pay the Manager an automobile allowance
of $550 per month.
1
7-3
,
d. The Manager shall be able to participate in the Deferred
Compensation Program as provided by law, provided however, Manager
shall be responsible for paying for such amounts from his gross
salary...
e. The Manager will receive the executive fringe benefit
package and shall be covered by the same health, dental and
disability insurance plans as all other employees. Coverage shall
be in full force and effect immediately upon start of full time
employment with the city.
f. The Manager shall be provided life insurance in accordance
with current City policy.
Section 3. Relocation Expenses.
a. Employer shall pay for the normal and reasonable moving
expenses for relocating Employee, his family and personal property
from Antioch to Chula Vista. The moving expenses shall include,
~acking, moving, storage costs for up to 3 months, unpacking, and
J.nsurance charges customarily charged by reputable moving
companies. Employee agrees to secure at least three (3) bids from
reputable moving companies for such services and shall use the
lowest responsible bidder. Employer agrees to pay the moving
company for all such expenses directly.
b. Employer agrees to reimburse Manager for other reasonable
and normal relocation expenses and interim housing needs up to a
maximum of $3,000.
Section 4. Vacation and sick Leave.
a. Manager shall receive an initial thirty (30) days of sick
leave, with the accrual of such sick leave commencing immediately
under the city's current rate of accrual for executive managers.
In addition, Manager may participate in the City's "sick Leave Buy
Back" program in accordance with existing City Policy.
b. Manager shall receive an initial three (3) weeks of
vacation time, with the accrual of 'such vacation leave,
commencing immediately under the City's current rate of accrual for
executive managers (three (3) weeks per year).
c. The City will provide the Manager with 56 hours per year
of administrative leave and four (4) floating holidays.
Section 5. Dues, Memberships.
Employer agrees to pay, within existing City Policy, for the
professional dues, subscriptions, travel and related expenses in
the following national, regional and local associations:
2
/~i
"
1. International City/County Management Association (ICMA).
2. League of California cities.
3. National League of cities.
4., San Diego County/City Managers Association.
5. County Supervisors Association of California (CSAC).
6. The Innovations Group.
Section 6. Severance Pay.
a. In the event the Manager is terminated without cause
within six (6) months after a newly elected City Council member
assumes office, or if the Manager resigns in lieu of termination
within said period ("Election Period"), the Manager shall receive
compensation in a lump sum cash payment equal to twelve (12) months
of the Manager's annual salary and health insurance payments.
b. If the Manager is terminated prior to the expiration of
the six (6) month Election Period, the Manager shall receive
compensation in a lump sum cash payment equal to eight (8) months
of the Manager's annual salary and health insurance payments.
c. If the Manager is terminated after the expiration of the
six (6) month Election Period, the Manager shall receive
compensation in a lump sum cash payment equal to eight (8) months
of the Manager's annual salary and health insurance payments.
d. If the Manager is terminated for malfeasance in Office or
is convicted of a crime involving moral turpitude there will be no
severance payments.
e. In the event the Council at any time reduces the salary,
compensation or other benefits of the Manager in a greater amount
than an applicable across-the-board reduction for all employees of
Employer, or in the event the Council refuses to comply with any
other provision benefiting the Manager herein, or the Manager
resigns following a suggestion either formal or informal, by the
Council that he resign, then in that event David D. Rowlands, Jr.
may at his option, be deemed to be terminated, as provided herein.
.
Section 7. Performance Evaluation.
The Council shall review and evaluate the performance of the
Manager within the first six (6) months of Manager colDJDencing
employment with the city; the second performance review shall be
within the six (6) months after the initial performance review, and
then annually thereafter. Employer and Manager agrees that the
Manager's salary shall be based on such performance evaluations.
Section 8. Conflict of Interest Prohibition.
The Manager shall not engage, during the term of his employment
3
?/S
with the city, in the following activities (except as specifically
allowed below) without the prior consent of the Council:
1. Invest or participate, either individually, as a partner,
officer, or shareholder, in any business, corporation, business
venture or joint venture, which is conducting business in the
corporate limits of Chula Vista, except for stock ownership in any
company whose capital stock is publicly held and regularly traded.
2. Invest in any real estate or property improvements within
the corporate limits of the city of Chula vista, except for a
personal residence or residential property acquired or held for
future use as Manager's personal residence.
3. Provide consulting services to any company, business
venture or any other types of business entity conducting business
in the corporate limits of Chula vista.
Section 9. Indemnification.
As provided by Title 1, Division 3.6 of the California Government
Code, the City of Chula Vista shall defend, save harmless, and
indemnify David D. Rowlands, Jr. against any tort, professional
liability claim or demand or other legal action, whether groundless
or otherwise, arising out of an alleged act or omission occurring
in the scope of employment of David D. Rowlands, Jr. as Manager.
Said indemnification shall extend beyond termination of employment,
and the otherwise expiration of this Agreement, to provide full and
complete protection to David D. Rowlands, Jr. by the city of Chula
vista, as described herein, for any acts undertaken or committed in
David D. Rowlands, Jr.'s capacity as Manager, regardless of whether
the notice of filing of a lawsuit for such tort, claim, demand, or
other legal action occurs during or following David D. Rowlands,
Jr.'s employment with Employer.
The undersigned parties hereby agree to the terms and
conditions of this Agreement and enter into this Agreement on the
~ day of February, 1998.
THE CITY OF CHULA VISTA
j Ái/th~ . LJ~íL/~. æJ~ tv .
f5hirl~êY72 'David D. Rowlands, Jr. r
Attest - ¿ßf/
ci y Clerk
Approved as to form by
Att~
?~t
4
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 03103/98
ITEM TITLE: RESOLUTION /'iJ'lJCJ EXTENDING THE TEMPORARY CLOSURE OF
CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN
FARMERS' MARKET ON THURSDAY AFTERNOONS SUBJECT TO CONDITIONS OF
SUBMITTED BY: APPROVAL ~
C"~""ity D,"'"""'. D;~ '
REVIEWED BY: City Manager.JG¡ ~ -- (4/!iths Vote: Yes- NoLI
BACKGROUND:
On October 3, 1995, the City Council approved the closure of Center Street between Third Avenue and
Church Avenue on Thursday afternoons for the Oowntown Farmers' Market. The Market area was expanded
on June 24, 1997 to include a portion of Church Avenue because the number of farmers increased and a
section for craft booths was added. In accordance with the adopted conditions of approval, the street
closure expired on Oecember 31, 1997 unless extended by the City Council.
RECOMMENDATION: That the City Council adopt a resolution extending the temporary closure of Center
Street and a portion of Church Avenue for the Oowntown Farmers' Market on Thursday afternoons for a
one.year period subject to conditions of approval.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Downtown Farmers' Market has become a very successful promotional activity within the Downtown
area and the Oowntown Business Association would like to continue at the present Center Street and
Church Avenue location. The event appears to be well received by the Oowntown merchants and the
neighboring uses. Parking in the adjacent on.street parking spaces, public parking lots and the Southern
Baptist Church has been adequate for the Market. Appropriate emergency access has been provided to the
area.
The Engineering, Finance, Police, and Fire Oepartment staff and the Risk Manager and City Attorney's office
have reviewed the DBA's request and have determined that no impacts will result from the extension subject
to the recommended conditions of approval under which the Market currently operates (see Exhibit A).
FISCAL IMPACT: No significant fiscal impact is anticipated as a result of extending the temporary
closure. Approximately (10) 10 hour parking meters will be effected for about 3 hours which could result
in a loss of a maximum of $3.00 in revenue per week. Annually, the revenue loss would amount to
approximately $150. An increase in use of the adjacent metered parking is expected to off-set the loss.
(PBI H:IHOMEICOMMOEVISTAFF.REPlO3.03.9BIFRMRMKT.98 [Fob,"",! 2B, 198B 18:03,mll
!š "/
RESOLUTION NO. ;?(9JO
EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A
PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS'
MARKET ON THURSDAY AFTERNOONS THROUGH DECEMBER 1999
SUBJECT TO CONDITIONS OF APPROVAL
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971 which created the Downtown Business Association;
and,
WHEREAS, on October 3, 1995, the City Council approved Resolution 18052 adopting
Negative Declaration IS-95-30 and approving the closure of a portion of Center Street on
Thursday afternoons between March 1996 and October 1996 for a Farmers' Market; and,
WHEREAS, on October 15, 1996, the City Council approved Resolution 18457
extending the closure of Center Street for a fourteen month period from November 1, 1996 to
December 31, 1997; and,
WHEREAS, on June 24, 1997 the City Council approved Resolution 18710 to expand
the temporary closure of Center Street and add a portion of Church A venue to accommodate the
Farmers' Market on Thursday afternoons; and,
WHEREAS, the Downtown Business Association has requested the City Council extend
the temporary closure of Center Street and a portion of Church A venue for the Downtown
Farmers' Market on Thursday afternoons subject to conditions; and,
WHEREAS, the extension of the street closures creates no new significant impacts and
therefore no additional review of the project is required under CEQA; and,
WHEREAS, the Farmers' Market special event will further the redevelopment effort
within the Town Center I Redevelopment Project Area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
to extend the temporary closure of Center Street and a portion of Church Avenue for the
Downtown Farmers' Market on Thursday afternoons through December 1999 subject to
conditions attached hereto as Exhibit "A".
Presented by Approved as to form by
(Vk~ g:ED-~
Chris Salomone
Director of Community Development Ci A ey
H,\Home\CommDev\R..o,\Fnnnnkt.= (February t7, 1998 H3pm) ~J..-
EXHmIT A
March 3, 1998
Downtown Fanners' Market
Center Street and a portion of Church Avenue
CONDITIONS OF APPROVAL
1. The subject street closure shall be permitted through December 31, 1999 unless sooner
revoked (in the sole discretion of the City Council) to accommodate the Downtown Farmers'
Market. At the end of that time, the Farmers' Market shall be evaluated by the Community
Development Director and findings shall be reported to the City Council. The City Council, at
that time, may consider a further extension.
2. All vendors or activities to take place within the closed street right-of-way, other than
those approved herein shall be approved by the Community Development Director prior to their
participation in the Farmers' Market.
Approved Vendors and Activities
a) Certified Fanners' Marketl
b) Arts and Crafts hand made by the seller
c) Promotional activities that enhance the Market but do not detract from the
Downtown business environment or create significant noise, congestion, or safety
hazards
d) Downtown Business Association (DBA) merchants and businesses in good
standing may sell or demonstrate merchandise and services that are currently sold
within their Downtown premises.
3. The DBA shall provide, set-up and remove all signs, barricades, temporary traffic control
devices related to the Fanners' Market and street closure in a timely manner (set-up completed
no later than 3:30 p.m. and removal completed no later than 7:00 pm). All traffic control
devices, signs, and barricades shall be placed in accordance with the sign placement plan
approved by the City Traffic Engineer and shall conform to the State of California traffic control
requirements.
4. The DBA will be responsible for the coordination and implementation of all activities and
regulations related to the street closure and Farmers' Market, the appropriate City of Chu1a Vista
departments and staff, and any applicable County, State, or Federal requirements.
'A certified Farmers' Market is a location approved by the County Agricultural Commissioner, where certified
farmers offer for sale only those items they grow themselves. Only the immediate family and salaried employees
of a certified producer may act for and sell the products of that producer. Items include fresh and dried fruits and
herbs, vegetables, nuts, honey, eggs house plants and cut flowers, jerky, fresh fish, olives and baked goods.
~;S
5. The DBA shall provide evidence of comprehensive general liability insurance with per
occurrence coverage: (a) in minimum coverage amounts approved by the City, (b) issued by an
insurance company approved by the City, and (c) with a policy endorsement satisfactory to the
City, naming the City of Chula Vista as additional insured,
6. The DBA shall execute an agreement to hold the City hannless from any liability from
the activities within the street right-of-way and resulting from the Fanners' Market special event.
7. The DBA shall be responsible for implementing the following Stonn Drain Pollution
Prevention Program for the Downtown Fanners' Market:
a) Debris and/or other pollutants shall not be swept or otherwise made/allowed to
go into stonn drain inlets or facilities at any time.
b) The street right-of-way shall be thoroughly swept and all solid debris shall be
placed in containers following the close of the Fanners' Market.
c) The street and sidewalks may be washed with water to prevent health hazards,
d) This plan may be revised as necessary to prevent, control, or eliminate the
discharge of pollutants to the stonn drain system resulting from the outdoor
activities of the downtown Fanners' Market.
8. This pennit shall be subject to such additional conditions and modifications as may be
deemed necessary or appropriate by the City in order to protect the public health, safety,
and welfare.
l(Pb) H,IHOMElCOMMDEy\RESOSlfnnrmkt."" (Fobru"", t7. 1998 (N6pm)!
?t~7
COUNCIL AGENDA STATEMENT
ITEM c¡
MEETING DATE: 3/3/98
18"1/ /
ITEM TITLE: Resolution authorizing the transfer of funds within the Library Department
(1700) ITom various 5101 accounts into 5105 accounts.
SUBMfIT ED B V Lmmy "",,,0< ~ ~
REVIEWED BY: City Manager --.J~ hs Vote: YES...1!- NO_)
In the past two fiscal years the City Manager's ffice, following the 1996 Council Policy on
Financial Reporting and Transfer Authority, has approved budget transfers between 5101 (Wages
and Salaries) accounts and 5105 (Hourly Wages) accounts within the Library Department. This
fiscal year it is also necessary for the Library to request such an intra-departmental transfer, and
because it exceeds $15,000 it requires Council approval.
Due to many permanent employee vacancies in the current fiscal year, it is necessary to move
approximately $40,570 in salary savings ITom the 5101 accounts into the 5105 accounts. This
enables the Library to hire hourly, temporary employees to provide consistent service to the
public at the Adult and Children's Information Desks, Circulation Desks, and the Technology
Users Center while completing the hiring process to fill the vacant permanent positions.
The department's total budget authorization will not be exceeded by this action.
RECOMMENDATION: That Council adopts the resolution authorizing the transfer of funds
within the Library Department (1700) ITom various 5101 accounts into 5105 accounts.
BOARD/COMMISSION RECOMMENDATION: Not applicable
During the past two years and in the current year, the Chula Vista Public Library has experienced
a high vacancy rate among its permanent employees that deliver public service. While Human
Resources has immediately begun recruitments to fill the jobs, most positions are vacant 8-10
weeks. When a vacancy occurs that employee's "on the desk" hours must be covered to allow
for continuity of public service. The Library does not have enough public service employees for
existing staff to absorb vacancies. Therefore, it has been and still is necessary to use the salary
savings ITom the vacant positions to hire temporary, hourly employees to provide uninterrupted
public desk service.
A,\SI".wPDP.""",,,'~ 1998
9---/
ITEM ---' Page Two
MEETING DATE: March 3 1998
During the first six months of this fiscal year, nine permanent positions became vacant in various
Library divisions for a salary savings of approximately $67,000. The reasons for these vacancies
are many including employees seeking opportunities elsewhere, extended medical leave, and
retirements. To continue adequate public service while waiting for these permanent positions to
be recruited and filled, we request part of the salary savings in 5101 be transferred into 5105 to
cover the public desk hours unable to be filled by the remaining staff.
FISCAL IMPACT: None. The requested funds being transferred ftom the various Library 5101
accounts (Salaries) into 5105 (Hourly Wages) are available in the Library's appropriated
FY 1997-98 budget.
Even with this transfer, the Library will still be able to meet its salary savings expectations for the
fiscal year and return at least $37,500 of its appropriated budget back to the City at year's end.
Per the Financial Reporting and Transfer Authority Policy, the City Manager's office will have the
authority to approve any additional budget transfers, up to $15,000, between the Library's 5101
and 5105 accounts during the remainder of the fiscal year.
A\51"WPDF,bnwy".I'"
9-;¿
-~-----._------
RESOLUTION NO. ~ ~;1~¡I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE TRANSFER OF FUNDS
WITHIN THE LIBRARY DEPARTMENT (1700) FROM
VARIOUS 5101 ACCOUNTS INTO 5105 ACCOUNTS
WHEREAS, in the past two fiscal years the City Manager's
Office, following the 1996 Council Policy on Financial Reporting
and Transfer Authority, has approved budget transfers between 5101
(Wages and Salaries) accounts and 5105 (Hourly Wages) accounts
within the Library Department; and
WHEREAS, this fiscal year it is also necessary for the
Library to request such an intra-departmental transfer, and because
it exceeds $15,000 it requires Council approval; and
WHEREAS, due to many permanent employee vacancies in the
current fiscal year, it is necessary to move approximately $40,570
in salary savings from the 5101 accounts into the 5105 accounts
which enables the Library to hire hourly, temporary employees to
provide consistent service to the public at the Adult and
Children's Information Desks, Circulation Desks, and the Technology
Users Center while completing the hiring process to fill the vacant
permanent positions.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the transfer $40,570 from
1700-5101 into 1700-5105 within the Library Department to hire
temp<?rary, hourly employees to provide uninterrupted public desk
serv~ce.
Presented by Approved as to form by
John M. Kaheny, City Attorney
David Palmer, Library Director
C:lrslxfer.lib
9~3
.~~.~.._-~~---
COUNCll.- AGENDA STATEMENT
ITEM I¿J
-
/'69)~ MEETING DATE...1ill2L
ITEM TITLE: Resolution accepting federal Library Services and Technology Act (LSTA),
Non-English Language Materials Grant funds in the amount of$10,000,
appropriating the funds and amending the FY1997-98 budget.
SUBMITTED BY: Library DirectorQ(f? ~
REVIEWED BY: City Manager JC1 ~ .----
(4/5ths Vote: Yes...1L No_)
The California State Library has awarded the Chula Vista Public Library, South Chula Vista branch,
$10,000 in federal Library Services and Technology Act (LSTA), Non-English Language Materials
Grant funds.
RECOMMENDATION: That Council adopt the resolution and appropriate the funds.
BOARD/COMMISSION RECOMMENDATION: The Library Board at its meeting of
November 19, 1997 voted to support the Library's grant application. Note: It was referred to in
the minutes as the "Immigrant Grant" (ATTACHMENT A)NOT SCANNED
DISCUSSION:
California libraries are continuing to face new challenges associated with the state's changing
demographics, including the issue of limited English-speaking residents. To assist local libraries, the
State Library has made available federal LSTA grant funds to purchase materials in languages
identified as needed in the community. Funds will be used to further develop the excellent Spanish
language collection at South Chula Vista Library. Fifty percent ofthe grant will be spent on adult
materials, and the remaining on children's materials. One of the grant components is to work
collaboratively with a community organization. The Library has identified the Chula Vista
Elementary School District Bilingual Advisory Committee as that organization.
FISCAL IMPACT:
This grant will provide $10,000 for the Chula Vista Public Library. These funds will be
appropriated to account 260-2601.
/tf?-" I
.----
RESOLUTION NO. J 79 J;).
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING FEDERAL LIBRARY SERVICES
AND TECHNOLOGY ACT (LSTA), NON-ENGLISH
LANGUAGE MATERIALS GRANT FUNDS IN THE AMOUNT
OF $10,000, APPROPRIATING THE FUNDS AND
AMENDING THE FY 1997-98 BUDGET
WHEREAS, the California State Library has awarded the
Chula vista Public Library $10,000 in Federal Library Services and
Technology Act, (LSTA), Non-English Language Materials Grant funds;
and
WHEREAS, the Library Board, at its meeting of November
19, 1997, voted to support the Library's grant application.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept Federal Library Services and
Technology Act, Non-English Language Materials Grant funds in the
amount of $10,000.
BE IT FURTHER RESOLVED that the FY 1997-98 budget is
hereby amended by appropriating $10,000 to Account 260-2601-5331.
Presented by Approved as to form by
David Palmer, Library Director
c: \rs\LSTA
)¿;~c?-
ATTACHMENT A
Library Board of Trustees November 19, 1997
MSUC (Viesca! Alexander) supported the proposed Library Mission Statement and Goals
and Objectives as delineated for FY 1998-99.
Trustees then went on to review the Library Board's Goals and Objectives for the FY 1998-
99 budget. A fifth goal and an additional objective were added. Goal number 5 would be:
Supports the Mission and Goals of the Library system. Objective 5 would be: Reviews and
affirms annually the Mission Statement and Goals of the Library system.
MSUC (Alexander/Charett) to approve the Library Board's goals and objectives as
amended.
B. California State Library Foundation Grant
C. Immigrant Grant
D. Grandparents Grant
MSUC (Viesca/Valdovinos) The Library Board supports the Library's application for
these three grants.
E. December Meeting
Director Palmer requested that the Trustees meet on December 17th to meet with the
Library's Facilities Master Plan consultant. Trustees agreed to meet at 4 pm on
December 17th. Director Palmer also invited the Trustees to attend any training they
see fit on Library Training day.
IV.CO~CATIONS
A. Friends
None
B. Public Comments
Mr. Coye asked about signs for Staff Training. Director Palmer informed him that they
would be in place the Saturday after Thanksgiving. He also mentioned that the Cox
channel that broadcasts Council meetings also announces civic events on television. He
also did not feel the tax payers would support additional taxes that would be "banked" for
future use.
J¿J-3
COUNCIL AGENDA STATEMENT
Item..! /
Meeting 03/03/98
ITEM TITLE: /¿{913
Resolution Accepting bids and awarding Purchasing
Agreements for the purchase of fourteen pickup trucks.
SUBMITTED BY: Director of Public Works¡# ~ ~
Diœct~ ofF;~œ k;-' ~
REVIEWED BY: City Manager~G¡ ~ (4/5ths Vote: Yes_No-X..)
On January 24, 1998, an advertisement was p ed ;:The Star News soliciting bids for the
proposed City purchase of 14 pickup trucks of various sizes. In addition, twenty-four
prospective bidders ITom the Purchasing Agent's bid list, including two local vendors, were
contacted directly. On February 10, 1998, bids were opened for the purchase of these trucks.
Twelve bidders responded. Two of the responsive bidders were local dealerships.
RECOMMENDATION: That Council award Purchasing Agreement to People's Chevrolet
ofChula Vista for $197,689.59 for the purchase of eleven pickup trucks; to Fuller Ford ofChula
Vista for $18,130.02 for the purchase of one pickup truck; and to Del Amo Dodge of Torrance
for $37,726.51 for the purchase of two pickup trucks.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION: The FY 1997-98 Equipment Replacement Program provides for
the replacement of thirteen pickup trucks of various sizes. In addition, ftmds are budgeted in the
Engineering Construction Inspection budget for the purchase of a pickup truck for a new public
works inspector position.. The tabulation of the lowest bidders by item is attached. The lowest
bidder for each of the seven types of trucks is shown in bold, Two local dealerships, People's
Chevrolet and Fuller Ford, were the lowest responsive bidders for twelve of the fourteen trucks.
Del Amo Dodge of Torrance was the lowest bidder for the remaining two trucks, based on the
terms offered. Staff will have the entire bid tabulation including the unsuccessful bidders
available at the City Council meeting. In addition, the tabulation is available for examination in
the office of the Purchasing Agent.
ALTERNATIVE FUEL: Alternative fueled vehicles were not offered by any of the
vendors.
FISCAL IMPACT: Sufficient funds are provided in the FY 1997-98 Equipment Replacement
budget for the purchase of thirteen vehicles ($237,900) and in Engineering Construction Budget
for the one inspector vehicle($16,202). The net total cost including 7.75% sales tax is
$253,546.12.
JJ-J
Page 2, Item.._-
Meeting Date 03/03/98
Description PEOPLE'S FULLER FORD" DEL AMO DODGE'
CHEVROLET -
4 Standard cab $13,686.68 each, $14,353.00 each $14,401.00 each
intermediate size $58,989.59 Net Total
pickup trucks ($58,442.12 with 1%
sales tax return)
4 Extended-cab $15,036.52 each, $15,749.00 each $15,868.00 each
intermediate pickup 64,807.40 Net Total
trucks ($64,205.94 with 1%
sales tax return)
2 Crew-cab full size $21,624.20 each, $23,497.00 each $23,103.00 each
pickup trucks $46,600.15 Net Total
($46,167.67 with 1%
sales tax return)
1 Full-size pickup $25,329.42 each, $26,157.00 each NO BID
truck with a service $27,292.45 Net Total
body ($27,039.16 with 1%
sales tax return)
1 4X4 Ex1ended - $17,919.50 each, $16,826.00 each, $17,537.00 each
cab interrnediate $19,308.26 Net Total $18,130.02 Net Total
size pickup truck ($19,129.07 with 1% ($17,961.76 with 1%
sales tax return) sales tax return)
1 Extended-cab $16,421.52 each, $16,874.00 each, $16,527.00 each
intermediate size $17,694.19 Net Total $18,181.74 Net Total ($16,027,00 with
pickup truck with a ($17,529.97 with 1% ($18,013.00 with 1% terms), $17,269.09
bed cover sales tax return) sales tax return) Net Total
1 Full Size Pickup $18,253.40 each $18,507.00 each $18,486.00 each
Truck ($19,485.50 Net ($19,756.22 Net ($17,986.00 with
Total with 1% sales Total with 1% sales terms), $19,379.92
tax return) tax return) Net Total
GRAND TOTAL OF $197,689.59 $18,130.02 $37,726.51,
AWARD $36,726,51 with
terms
. TERMS $50016 DAYS
.. TERMS NET 30
... TERMS NET 20
D:\WINWORDIBUDGE1\A113 PtCKUPS FY97-98.doc
File #: 1320-SO-DC
J)-d-.
. --~._-_.._.
RESOLUTION NO. /159/3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
PURCHASING AGREEMENTS FOR THE PURCHASE OF
FOURTEEN PICKUP TRUCKS
WHEREAS, on January 24, 1998, an advertisement was placed
in The star News soliciting bids for the proposed City purchase of
13 pick-up trucks and 1 service truck; and
WHEREAS, in addition 24 prospective bidders from the
Purchasing Agent's bid list, including two local vendors, were
contacted directly; and
WHEREAS, on February 10, 1998, the bids were opened for
the purchase of pickup trucks and a service truck; and
WHEREAS, twelve biders responded; and
WHEREAS, two local dealerships, People's Chevrolet and
Fuller Ford, were the lowest responsive bidders for twelve of the
fourteen trucks; Del Arno Dodge of Torrance was the lowest bidder
for the remaining two trucks, based on the terms offered below:
DESCRIPTION PEOPLE'S FULLER FORD** DEL AMO DODGE*
CHEVROLET***
4 Standard Cab $13,686.68 each, $14,353.00 each $14,401.00 each
intermediate $58,989.59 Net Total
pickup trucks ($58,442.12 with 1 %
sales tax return
4 Extended Cab $15,036.52 each, $15,749.00 each $15,868.00 each
intermediate pickup $64,807.40 Net Total
trucks ($64,205.94 with 1 %
sales tax return)
2 Crew-cab full size $21,624.20 each, $23,497.00 each $23,103.00 each
pickup trucks $46,600.15 Net Total
($46,167.67 with 1 %
sales tax return)
1 Full-size pickup $25,329.42 each, $26,157.00 each No Bid
truck with a service $27,292.45 Net Total
body ($27,039.16 with 1 %
sales tax return)
1 4X4 Extended-cab $17,919.50 each, $16,826.00 each, $17,537.00 each
intermediate size $19,308.26 Net Total $18,130.02 Net Total
pickup truck ($19,129.07 with 1 % ($17,961.76 with 1 %
sales tax return) sales tax return)
//-3
1 Extended-cab $16,421.52 each, $16,874.00 each, $16,527.00 each
intermediate size $17,694.19 Net Total $]8,181.74 Net Total ($16,027.00 with
pickup truck with a ($17,529,97 with 1% ($18,013.00 with 1% terms), $17,269.09
bed cover sales tax return) sales tax return) Net Total
1 Full-Size Pickup $18,253.40 each $18,507.00 each $18,486.00 each
Truck ($19,485.50 Net Total ($19,756.22 net Total ($17,986.00 with
with 1 % sales tax with 1 % sales tax terms), $19,379.92
return) return) Net Total
GRAND TOTAL OF $197,689.59 $18,130.02 $37,726.51
AWARD $36,726,51 with
terms
* Terms $500
** Terms Net 30
***Terms Net 20
WHEREAS, the lowest bidder for each of the seven types of
trucks is shown in bold.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept the bids and award the
Purchasing Agreement to People's Chevrolet of Chula Vista for
$197,689.59 for the purchase of eleven pickup trucks; to Fuller
Ford of Chula Vista for $18,120.02 for the purchase of one pickup
truck; and to Del Amo Dodge of Torrance for $37,726.51 for the
purchase of two pickup trucks.
BE IT FURTHER RESOLVED that the Purchasing Agent is
hereby authorized to execute the Purchasing Agreements on behalf of
the city of Chula Vista.
Presented by Approved as to form by
~
John P. Lippitt, Director of
Public Works
c: Ir.lpickup."
)/-1 "
'.'..'0-..._.--..
COUNCil AGENDA STATEMENT
Item~
Meeting Date 03/03/98
ITEM TITLE: Resolution / Y 9/ ~ccePting bids and awarding Purchasing
A,,~,", "" "" _¡,,"nodi'" '"" """'
SUBMITTED BY: Director Of Public w;:;1J
Director of Finance
REVIEWED BY: City Manager~~ ~ 4 (4/5ths Vote: Yes_No_XJ
On January 24, 1998, an advertisement was placed in The Star News soliciting bids for the
proposed City purchase of six intermediate-size sedans. In addition, twenty-two prospective
bidders from the Purchasing Agent's bid list, including two local vendors, were contacted
directly. On February 3, 1998, the bids for the purchase of the six intermediate sedans were
opened. Eleven bidders, including the two local vendors, responded. The lowest responsive
bidder was Courtesy Chevrolet with a net unit price of $14,502.00.
RECOMMENDATION: That Council award the Purchasing Agreement to Courtesy
Chevrolet for the purchase of six intermediate sedans.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: The FY97-98 equipment replacement budget provides for the purchase of
six replacement sedans. Twenty-two potential bidders were contacted, with eleven responses
which included two local auto dealers. Council has previously directed that Staff take into
account the 1 % Sales Tax rebate that the City would receive in the event vehicles were
purchased from Chula Vista vendors. The table below has a column, which shows for each local
vendor, the unit cost per vehicle taking that 1 % rebate into account. As can be seen, even with
the 1 %, local vendors were not the lowest bidder. The bid tally of the lowest six bidders is
shown in the table below. Staff will have the entire bid tabulation available at the City Council
meeting. In addition, the tabulation is available for examination in the office of the Purchasing
Agent.
Bidder (Partial List) Unit Cost Unit Cost With Extension (Full Sales Tax Grand Total with
1% Sales Tax Cost) Terms & Sales Tax
Return
Courtesy Chevrolet $14,502.00 N/A $87,012.00 $6,743.43 $93,755.43
City Chevrolet $14,654.00 N/A $87,924.00 $6,814.11 $94,738.11
PeoDle's Chevrolet $14,688.08 $14,541.20 $88,128.48 $6,829.96 $94,958.44
Dixon Ford $14,769.55 N/A $88,617.30 $6,867.84 $95,485.14
Fuller Ford $14,977.00 $14,827.23 $89,862.00 $6,964.31 $96,826.31
Bob Baker Ford $14,866.00 N/A $89,196.00 $6,912.69 $96,108.69
1;2'/
Page 2, Item__-
Meeting Date 89126/95
:>/J )72"
AL TERNA TIVE FUEL: Alternative fueled.vehicles were not offered by any of the
vendors.
FISCAL IMPACT: Sufficient funds ($96,600.00) are provided in the FY97-98 equipment
replacement budget for the purchase of the intermediate size sedans. The net total including
7,75% sales tax is $93,755.43
D:\WINWORDIBUDGE1\FY98 Sedan AlIJ.doe
File#: 1320-50-DC
);2.~;L
RESOLUTION NO. ~¿r;1)þI
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
PURCHASING AGREEMENT FOR THE PURCHASE OF SIX
INTERMEDIATE SIZE SEDANS
WHEREAS, the FY97-98 equipment replacement budget
provides for the purchase of six replacement sedans; and
WHEREAS, on January 24, 1998, an advertisement was placed
in The star News soliciting bids for the proposed City purchase of
six intermediate-size sedans; and
WHEREAS, in addition twenty-two prospective bidders from
the Purchasing Agent's bid list, including two local vendors, were
contacted directly; and
WHEREAS, eleven bidders, including two local vendors,
responded; and
WHEREAS, on February 3,1998, the following six bids were
received:
Bidder Unit Cost Unit Cost Extension Sales Tax Net Total
(Partial w/l% (Full with
List) Sales Tax Cost) Terms
Return
Courtesy $14,502.00 N/A $87,012,00 $6,743.43 $93,755.43
Chevrolet
City Chevrolet $14,654.00 N/A $87,924.00 $6,814.11 $94,738.11
People's $14,688.08 $14,541.20 $88,128.48 $6,829.96 $94,958.44
Chevrolet
Dixon Ford $14,769.55 N/A $88,617.30 $6,867.94 $95,485.14
Fuller Ford $14,977.00 $14,827.23 $89,862.00 $6,964.31 $95,826.31
Bob Baker $14,866,00 N/A $89,196.00 $6,912.69 $96,108.69
Ford
WHEREAS, Council has previously directed that staff take
into account the 1% Sales Tax rebate that the City would receive in
the event vehicles were purchased from Chula Vista vendors; and
WHEREAS, staff recommends awarding the contract to the
lowest responsive bidder, Courtesy Chevrolet.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept the six bids and award the
contract for the purchase of six intermediate size sedans to
Courtesy Chevrolet in the amount of $93,755.43.
).;!.-3
BE IT FURTHER RESOLVED that the Purchasing Agent is
hereby directed to execute said Purchasing Agreement on behalf of
the city of Chula Vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\sedan.bid
/;1 - (
COUNCIL AGENDA STATEMENT
/3
Item__-
Meeting Date 03/03/98
ITEM TITLE: Resolution i ~j' l5;ejecting as unacceptable the apparent lowest
bidder and awarding Purchasing Agreement to the lowest responsive
bidder Dion International Truck Sales for the purchase of two 5-cubic yard
dump trucks,
SUBMITIED BY, Di,,"o, of Po lib, wo,...ff ~
Director of Finance W/"";/
REVIEWEDRY, Ci<yM"""" JIi ~ ~1 (4/S""Yo"" Y'LNo-'U
On January 24, 1998, an advertisement was place in The Star News soliciting bids for the
proposed City purchase of two 5-cubic yard dump trucks. In addition, 12 prospective bidders
from the Purchasing Agent's bid list, including three local vendors, were contacted directly. On
February 5,1998, the bids for the purchase of the two 5-cubic yard dump trucks were opened.
Three bidders responded, but none of these were local. The lowest acceptable and responsive
bidder was Dion International Truck Sales with a net total price of $119,893.43.
RECOMMENDATION: That Council award Purchasing Agreement to Dion International
Truck for the purchase of two 5-cubic yard dump trucks.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION: The FY 1997-98 Equipment Replacement Program provides for the
replacement of two 5-cubic yard dump trucks. The apparent lowest responsive bidder, Pressley
Peterbilt, for a net total price of $114,603,63, offered a delivery date of between 300 to 330 days
after the receipt of order. Waiting one year for the replacement of these units is unacceptable for
trucks that are used daily by Public Works Operations. The second lowest bidder, Dion
International, offered a delivery date of 150 days after receipt of order. The Purchasing Agent
has received confirmation of this delivery date from the bidder. Because the hourly operating
cost for the two trucks being replaced is much higher ($44.33 compared to $6.28) than the other
four in their class, the anticipated repair costs between the 150 and 330 days delivery dates for
the two dump trucks being replaced could easily exceed the price difference between the lowest
and second-lowest bidders. In addition, at the age of the trucks being replaced, it is likely that
we might have problems with the automatic transmission, power take-off, steering gear, and even
the engine itself. These likely repairs are the reason the trucks are replaced at this age. Should
any of these things happen to the trucks being replaced, they would also have to be repaired both
because Public Works Operations needs them and the City would not receive as much for them
at auction without the repairs.
The General Provisions of the bid document indicate: "Excessive delivery time, as determined
solely by the City, may be grounds for rejection of bid." Therefore, it is recommended that the
lowest bid be rejected and award made to Dion International who, at a price of $119,893.43,
offered a delivery date of 150 days after receipt of order. The table below lists the bids received.
I}- /
Page 2, Item__-
Meeting Date 03/03/98
Bidder Unit Price Extended Sales Tax Net Total
Pressley Peterbilt $53,180.34 $106,360.68 $8,242.95 $114,603.63
Dion International $55,635.00 $111,270.00 $8,623.43 $119,893.43
Pacific $55,998.00 $111,996.00 $8,679.69 $120,675.69
Freightliner
ALTERNATIVE FUEL: Alternative fueled vehicles were not offered by any of the bidders.
FISCAL IMP ACT: Sufficient funds are available for this purchase. The amount appropriated
for these trucks was $102,200. However savings of $22,996 from the recent purchase of four
riding lawnmowers remains in the Equipment Replacement appropriation. The total amount
including taxes is $119,893.43.
D:\WINWORDIBUDGE1>A113 DUMP TRUCKS FY1997-98.doc
File#: 1320-50-DC
)3 -¿}--
--'---------'--.----
RESOLUTION NO. Jg"91-Ç
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REJECTING AS UNACCEPTABLE THE
APPARENT LOWEST BIDDER AND AWARDING PURCHASING
AGREEMENT TO THE LOWEST RESPONSIVE BIDDER DION
INTERNATIONAL TRUCK SALES FOR THE PURCHASE OF
TWO 5-CUBIC YARD DUMP TRUCKS
WHEREAS, on January 24, 1998, an advertisement was placed
in The star News soliciting bids for the proposed City purchase of
two 5-cubic yard dump trucks; and
WHEREAS, in addition 12 prospective bidders from the
Purchasing Agent's bid list, including three local vendors, were
contacted directly; and
WHEREAS, three bidders responded, but none of these were
local; and
WHEREAS, on February 5, 1998, the following three bids
were received for the purchase of two 5-cubic yard dump trucks:
BIDDER UNIT PRICE EXTENDED SALES TAX NET TOTAL
Pressley $53,180,34 $106,360.68 $8,242,95 $114,603.63
Peterbiit
Dion Inter- $55,635.00 $111,270.00 $8,623.43 $119,893.43
national
Pacific $55,998.00 $111,996,00 $8,679.69 $120,675.69
Freightliner
WHEREAS, the apparent lowest responsive bidder, Pressley
Peterbilt, for a net total price of $114,603.63 offered a delivery
date of between 300 to 330 days after the receipt of order; and
WHEREAS, waiting one year for the replacement of these
units is unacceptable for trucks that are used daily by Public
Works Operations; and
WHEREAS, the City's Purchasing Ordinance and the RFP for
this purchase allows the City to reject a bid where the time for
delivery is excessive; and
WHEREAS, the second lowest bidder, Dion International,
offered a delivery date of 150 days after receipt of order and the
1
J3~3
anticipated repair costs between the 150 and 330 day delivery dates
for the two dump trucks being replaced will exceed the price
difference between the lowest and second-lowest bidders; and
WHEREAS, staff recommends rejecting the lowest bidder and
awarding the contract to Dion International who, at a price of
$119,893.43, offered a delivery date of 150 days after receipt of
order.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby reject as unacceptable the apparent
lowest bidder and award Purchasing Agreement to the lowest
responsive bidder Dion International Truck Sales in the amount of
$119,893.43 for the purchase of two 5-cubic yard dump trucks.
BE IT FURTHER RESOLVED that the Purchasing Agent is
hereby authorized and directed to execute the Purchasing Agreement
for and on behalf of the city of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of J
Public Works
c: \rs\duoptruk
2
);J-'ý
COUNCIL AGENDA STATEMENT Item No. /1
Meeting Date 3/03/98
ITEM TITLE Resolution J 8"9) tJ - Revising Salary Bands for
Executive Management Personnel
SUBMITTED BY city Manager~ 4/5ths Vote: Yes -1L
It became clear in processing the recent salary adjustments for
executive managers that the salary bands used for those positions
are extremely out-of-date and need to be updated. They have not
been increased overall since November 1992, when they were raised
by only 2.5%. Since that time, there have only been some minor
amendments to specific bands, where the upper limit has been
increased or positions were moved from one band to another, or
where positions were added or deleted from the bands. Even with
those changes, many executive positions are at the top, or very
close to the top, of the band.
Raising each of the bands by 5% will allow the new City Manager
more flexibility for adjusting department head salaries. The
increases suggested apply only to the upper and lower limits of the
bands and do not necessarily bear any relationship to actual
salaries of positions within each band. For your information,
during the period December 1992 through December 1997, the C.P.I.
increased by 10.3%.
Attachment A reflects the proposed salary bands, which include a 5%
increase to the upper and lower limits of each band.
FISCAL IMPACT: N.A.
JDG:mab
/ tj/ /
RESOLUTION NO. ) '((9 /¡
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REVISING SALARY BANDS FOR
EXECUTIVE MANAGEMENT PERSONNEL
WHEREAS, it became clear in the recent salary adjustments
for executive managers that the salary bands used for those
positions are extremely out-of-date and need to be updated; and
WHEREAS, they have not been increased overall since
November, 1992, when they were raised by 2.5%; and
WHEREAS, since that time, there have only been some minor
amendments to specific bands, where the upper limit has been
increased or positions were moved from one band to another, or
where positions were added or deleted from the bands; and
WHEREAS, even with those changes, many executive
positions are at the top, or very close to the top, of the band;
and
WHEREAS, raising each of the bands by 5% will allow the
new City Manager more flexibility for adjusting department head
salaries; and
WHEREAS, the increases suggested apply only to the upper
and lower limits of the bands and do not necessarily bear any
relationship to actual salaries of positions within each band; and
WHEREAS, Attachment A reflects the proposed salary bands,
which include a 5% increase to the upper and lower limits of each
band.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby revise the Salary Bands for
Executive Management Personnel as set forth in Attachment A,
attached hereto and incorporated herein by reference as if set
forth in full.
Presented by Approved as to form by
John D. Goss, City Manager
C:lr'I..lory.bnd
;1/ ~c2
Attachment A
EXECUTIVE SALARY SCHEDULE Rev. 3/03/98
Reso.
Executive Salarv Band Minimum Limit Maximum Limit
E-S $7,300/month $lO,SlO/month
$87,600/year $126,120/year
Assigned Positions:
Assistant City Manager
Chief of Police
Deputy City Manager
E-4 $6,4lO/month $9,160/month
$76,920/year $lO9,920/year
Assigned Positions:
Assistant City Attorney
Director of Public Works
E-3 $S,860/month $8, 44O/month
$70,320/year $lOl,280/year
Assigned Positions:
Director of Community Development
Director of Finance
Director of Parks & Recreation
Director of Planning
Fire Chief
Library Director
E-2 $5, 320/month $7,7l0/month
$63,840/year $92,520/year
Assigned Positions:
Assistant Chief of Police
Assistant to the City Manager
Director of Building & Housing
Director of Management & Information Services
Director of Human Resources
Deputy Director of Public Works
City Engineer
Executive Director, Nature Center
E-l $4, 770/month $7, 190/month
$57,240/year $86,280/year
Assigned Positions:
Budget Manager
Revenue Manager
Assistant Director of Finance
Assistant Director of Building & Housing
Assistant Director of Planning
Assistant Library Director
Assistant Director of Community Development
Assistant Director of Management & Information Services
Assistant Director of Human Resources
Police Captain
Special Projects Manager
)1/-3
-------- ----
COUNCIL AGENDA STATEMENT
Item /.5
Meeting Date 03103/98
ITEM TITLE: RESOLUTION /89/ ?AUTHORIZING STAFF TO FORM AN INOEPENOENT
NON.PROFIT CORPORATION TO OVERSEE THE BORDER ENVIRONMENTAL
COMMERCE ALLIANCE (BECA) PROGRAM
SUBMITTED BY: Comm""'1y D~I.pm" m~ '
REVIEWED BY: City Manager J~ ~ (4/5ths Vote: Yes- No-X)
~
BACKGROUND:
On January 10, 1995, Council approved Resolution 17784, authorizing the submittal of an application to the
Economic Development Administration, U.S. Department of Commerce, for a two million dollar grant to fund
the Border Environmental Commerce Alliance (BECA) program. The term of the grant was for three years,
at the end of which, the BECA program would become a self-supporting, non-profit entity which would
continue to generate economic benefits for Chula Vista and the San Diego region. The grant is due to expire
at the end of June 1998. The BECA Operational Plan, dated October 12, 1994, includes the following
language under section VI. C., entitled BECA . Goals to Become Self.Supporting: "The BECA program
is intended to ultimately be operated as a non-profit entity. The City of Chula Vista is acting as a catalyst
to this end." The action proposed in this resolution is pursuant to that goal.
The recommended action would authorize staff to pursue actions required for the creation of a corporation
and the application for non-profit status with the state and federal governments to continue the operation
of BECA, as originally envisioned and planned.
RECOMMENDATION: That Council adopt a resolution authorizing staff to form an independent non-profit
corporation to oversee the Border Environmental Commerce Alliance (BECA) program
BOARDS/COMMISSIONS RECOMMENDATION: The City Council approved Resolution 18494 on
November 19, 1996 which dissolved the council-appointed BECA Advisory Board. A staff-appointed board
took its place to only provide input to staff. Recommendations from that Board have been subsequently
included in staff recommendations to Council. At the last BECA Advisory Board meeting in the fall of 1997,
it was agreed that the Board would not meet again until the non.profit corporation was formed. It was also
understood that the members of the BECA Advisory Board would not all become members of the BECA
corporate board because of the different functions that each of those boards would serve. The Advisory
Board was structured to provide technical guidance, while the Corporate Board will be more involved with
active management, funding and operations of BECA. The technical advisory function that the Advisory
Board has provided in the past will be provided to the non.profit by a separate technical advisory committee,
/-!?-- /
Page 2, Item -
Meeting Date 03103/98
a structure that is pursuant to the recommendations of the Advisory Board. It is anticipated, however, that
all of the representatives of the BECA Advisory Board will remain involved with BECA in some capacity,
some as members of the technical advisory committee to be appointed by the Corporate Board.
Suggestions from the Advisory Board received at their last meeting, which was focused on the transition
of BECA to a non-profit, included: having "stakeholders" such as the Port, Rohr and utility providers as
BECA Board members, maintaining technical groups separate from political/fundraising operations, and
considering Scripps Institute as an educational partner. These recommendations have been considered and
implemented, or will be passed on to the BECA Board, as appropriate.
DISCUSSION:
The BECA business incubator currently houses 23 technology providers and support companies. A list of
BECA tenants is updated monthly and provided to the public at the BECA facility (attached). Of the 23
tenants, 16 companies are involved in developing environmental technologies or in environmental
training/education. Seven additional companies provide support services to BECA and its technology
providers. Support services include grant writing, graphic design/promotional material production, venture
capital consulting, marketing consulting, export consulting, and building maintenance services. Providing in-
house support services increases efficiency in service delivery to technology providers and reduces costs of
services by providing some in-kind (rent/facility-related) compensation to offset cash expenditures for such
services. Additionally, BECA provides affiliate membership to six additional technology provider/support
companies. These affiliates do not occupy space in the BECA building, but pay membership fees. The
purpose of affiliate tenants is to expand the market base of BECA geographically without opening satellite
offices. Affiliate tenants receive access to BECA services and BECA, in turn, is able to participate in
environmental projects outside of Chula Vista and San Diego County. The recently opened Phase 2 of the
incubator also includes a Technology Showcase, with eight displays featuring the products and services of
BECA tenants.
BJ. Goodrich has committed $30,000 to test BECA technologies for application within their line operations.
The first test was of a sonic wash technology to replace current chemical parts washing facilities which
proved successful. Testing has begun on the second technology, a high temperature, ventless incineration
unit. Future testing will follow as technologies are developed. This partnership with BJ. Goodrich is an
example of the "stakeholder" funding model being developed by BECA for economic sustainability, as
recommended by the BECA Advisory Board. Additional discussion of this funding approach is provided
below.
Another BECA tenant who has gained noteworthy achievements is Re.Water Systems. Re-Water designs,
manufactures and markets patented irrigation systems which capture, filter and reuse approximately 50%
of residential gray water that would otherwise be sewered. This state tested and approved system will now
be sold under Re-Water Systems by Toro, through an agreement with Toro, the world's largest irrigation
systems supplier.
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Page 3. Item -
Meeting Date 03103/98
BECA is developing relationships with SPAWARS and Sandia National laboratories to help commercialize
BECA tenant technologies. BECA staff have also been meeting with Mexican government officials to
establish a bi.national environmental education and training program to be jointly sponsored by U.S. and
Mexican universities. Educational programs would be carried out in the newly completed phase 2 BECA
facilities. BECA is associated with two other environmental business incubators in northern California.
Through this affiliation, BECA has better exposure to funding and environmental project development
throughout the state.
Under the proposed non-profit arrangement, the City remains a stakeholder in the demonstration of new
environmental technologies by being able to apply these technologies to solving some of Ihe City's
environmental challenges.
Fundraisino Efforts:
BECA was awarded, with the assistance of the Chamber of Commerce, a loan/equity grant from the
California Trade and Commerce Agency for $100,000. Nine other federal and state grant applications have
been submitted in the past six months and are pending consideration. The value of the grants applied for
is $200,000. BECA is also currently submitting $355,000 in PVEA requests on behalf of BECA and three
of its technology providers. Non.profit status is important to fundraising efforts since most grant
funding applicable to the activities of BECA is usually only available to non-profit corporations.
Some of the aforementioned grant proposals were based on pending non.profit corporate status. BECA has
submitted a financial proposal to Home Savings to become its financial partner by providing grant awards
and participating on BECA's loan review committee, as well as a stakeholder by becoming part of BECA's
Board of Directors. A partnership with Home Savings would not only provide operating capital to BECA,
but would benefit BECA tenants by facilitating access to SBA loans and other financing opportunities.
In addition to grant funding, the concept for ongoing financial support of BECA is one where stakeholders
would invest in BECA and would ultimately be the beneficiary of BECA technologies. Stakeholders would
be companies like B.F. Goodrich, or organizations such as the Port, that have environmental challenges or
that commit substantial operating capital to environmental compliance. BECA and its technology providers
will provide innovative solutions that can solve these problems and reduce compliance costs, For example,
as discussed earlier, B.F. Goodrich has funded testing of BECA technologies, with the hopeful outcome being
that those technologies may be utilized to make their environmental compliance activities more efficient, and
consequently save them money. This model fits one of the goals of BECA to improve environmental
technology and, at the same time, to benefit business. In this way, BECA will function more as an
entrepreneurial enterprise in terms of marketing environmental technologies and fundraising.
The BECA Corooration: The primary objectives of the non.profit organization will be: 1) to promote research
and development, job creation and retention, and economic growth by operating an environmental technology
incubator; 2) to promote the protection of the environment in the border area and throughout the state; 3)
to lessen the burdens of government by improving tax base, ameliorating unemployment and promoting job
. 5' -:3
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Page 4. Item -
Meeting Date 03/03/98
growth; and 4) pursue other charitable, scientific and educational purposes, as set forth in section 501(c)(3)
of the Internal Revenue Code of 1986.
The activities of BECA would be controlled by a Board of Directors. The Board would have the power to
hold real property and to patent and copyright technologies and information. The proposed initial
composition of the Board of Directors is as follows:
1) BJ. Goodrich (technology stakeholder)
2) Home Savings (financial stakeholder/partner)
3) Richard Clarke (attorney specializing in intellectual property rights)
4) SOG&E (technology stakeholder)
5) Port of San Diego (technology stakeholder)
The Board will also include City representatives as ex.officio (non.voting) members. The bylaws specify that
each voting Director shall have the following qualifications: 1) principal involvement in an industry or activity
that has, through contract or other formal arrangement, developed a working relationship with BECA
technology providers for the purposes of addressing environmental challenges, 2) principal involvement with
entities engaged in financing environmental technology development, 3) affiliation with educational institutions
that include programs in environmental research, and the ability to effect technology transfer from education
to business, and 4) technical or professional expertise, qualifications or licensing in fields relating to
environmental technology, small business development, intellectual property, and/or cross-border/international
education/marketing.
The Board would be governed by specific bylaws and articles of incorporation (attached). The Articles and
bylaws specify that, while the BECA Board of Directors will have control over the operations of BECA, the
City Council will maintain approval authority over any changes to the Articles or material changes
to the bylaws that relate to the mission of BECA. In this way, the City can guarantee that the focus
and purpose of BECA will not be changed. Additionally, the bylaws specify that any residual assets of the
non-profit, should it ever be dissolved, will be reverted back to the City for the purposes of continuing the
BECA mission.
The bylaws specify that the principal office of the corporation is to be within the City of Chula Vista. The
bylaws also outline procedures for operation and financial reporting of business conducted by BECA. They
further outline the objectives of the corporation and specify the structure of the Board of Directors, their
terms of office and duties. The Articles of Incorporation specify that the purposes of the corporation are
to lessen the burdens on the government of the City of Chula Vista, to promote research and development,
job creation and retention, and economic growth.
BECA Operations: BECA would in this transition period, continue to operate in much the same way that
it currently does, with EDA monies being distributed through the City's financial control system and with
City staff assigned to BECA for the remaining term of the EDA grant funds. At the time that the EDA grant
/5-(
Page 5. Item -
Meeting Date 03103198
expires (which has been extended from April to June 30 and can be further extended in time with no
additional funds provided by EDA), staff will bring forward to Council additional recommendations for the
disposition of remaining assets acquired with EDA funding and of remaining City positions. Attrition and
non.replacement have resulted in only one City position being filled at this time, the Border Environmental
Business Cluster Manager. This and all other BECA staff positions were designated at the time that they
were created as being contingent on grant funding for a maximum of 3 years. They are unclassified, "at
will" positions. It is currently contemplated that Larry O'Donnell, BEBC Manager, would be transitioned to
Executive Director in the non-profit organization, although authority for this appointment would rest with
the BECA Board.
The non-profit status of the corporation will give it better access to funding opportunities than if it were
to remain a City program, although joint funding ventures with the City may be applicable in some cases.
Funds that are currently available in the remaining EDA grant budget are anticipated to be
sufficient to fund continuing operations, according to a proposed reprogramming of expenditures,
through the end of the calendar year. Additional funding sources have been identified and can be further
pursued by the non-profit. A preliminary budget for the non-profit is being prepared and will be presented
to the Council in April, when recommendations regarding the disposition of City assets is brought forward.
FISCAL IMPACT:
BECA will continue to operate under its existing City budget with remaining EDA grant funds. No additional
Cily funding is proposed for the transition of BECA to a non.profit corporation. Community Development
staff will continue to provide management oversight during this transition period within its existing budgeted
functions. As of December 31, 1997, the remaining EDA funds in the BECA budget were approximately
$560,000. Reductions in expenditure levels have been implemented that will result in extension in time for
additional fundraising efforts, as described above. At current expenditure levels, it is anticipated that the
existing EDA funds alone could support BECA operations until the end of the calendar year. It is anticipated
that with even moderate success of ongoing fundraising efforts, that the non-profit will be financially self.
sustaining.
ATTACHMENTS:
A . BECA Tenant List
B . Bylaws of the Border Environmental Commerce Alliance
C - Articles of Incorporation
IJMI H:IHOMEICOMMOEv\STAFF.REPIOJ.OJ.9818ECACORP I'ebruar, 28. 1998 12,21pmJI
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RESOLUTION NO. ) 8"9/?
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING STAFF TO FORM AN INDEPENDENT NON-
PROFIT CORPORATION TO OVERSEE THE BORDER
ENVIRONMENTAL COMMERCE ALLIANCE (BECA) PROGRAM
WHEREAS, the Border Environmental Commerce Alliance (BECA) program was
created under a three year grant from the Economic Development Administration (EDA), U.S.
Department of Commerce, at the end of which the program was envisioned to continue as a non-
profit corporation; and
WHEREAS, the primary objectives of the non-profit organization will be; 1) to
promote research and development, job creation and retention, and economic growth by operating
an environmental technology incubator; 2) to promote the protection of the environment in the
border area and throughout the state; 3) to lessen the burdens of government by improving tax
base, ameliorating unemployment and promoting job growth; and 4) pursue other charitable,
scientific and educational purposes, as set forth in section 501 (c)(3) of the Internal Revenue Code
of 1986; and
WHEREAS, the activities of BECA would be controlled by a Board of Directors and
in accordance with specific bylaws and articles of incorporation which grant the City Council
approval authority over any material changes to the corporation's purposes; and
WHEREAS, the formation of an independent non-profit corporation for the BECA
program is contemplated by and is consistent with City Council Policy No. 110-12 regarding the
spin-off of City-related non-profit corporations; and
WHEREAS, as required by the EDA, the City would continue to manage the
distribution of grant funds through the City's financial control system;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby authorize staff to form an independent non-profit corporation substantially in the form
presented to oversee the BECA program, and to take any and all necessary actions in connection
therewith, including the making of appropriate filings with state and federal authorities.
Presented by Approved as to form by
L~. "
Chris Salomone
Director of Community Development
IIJM} H,\HOMEICOMMDEV\RESOSIBECACORP ("'b,u.., 26, 1998 (3,DOpm})
/3~¿;;
EXHI BIT A
BORDER ENVIRONMENTAL COMMERCE ALLIANCE
477 MARINA PARKWAY CHULAVISTA.CA91910
PHONE (619) 498-4960 FAX (619) 498-4969
FEBRUARY 199B
International scientific, educational and business development support
for technology-driven companies.
TECHNOLOGY PROVIDERS
. Alternative Transportation Technologies, Incorporated works with customers to design environmentally-
and fiscally-sound conversion packages from traditional fuels to natural gas. The primaI)' focus is to design,
build, fmance and implement integrated energy solutions for vehicle users.
. Carman France is a start-up environmental consulting company that is currently designing geographical
information systems (GIS).
. Environmental Perspectives, International is a non-profit organization of conservation, education and
aviation specialists dedicated to ecosystem and habitat protection and promotes policies and practices that
sustain Earth's natural resources. Their programs include: (1) Airborne Ecosystem and Habitat Observation
and Monitoring by offering educational overflights for policy makers and community leaders; aerial surveys
forvisuaVvideolphotographic infonnationcollectiOll (2) We Share the Earth Education Cooperative makes
multi-disciplinaI)' local, regional, and global natural resource stewardship a cornerstone of public and private
K-12 education.
. Environmental Technology of California (ETq sells and services the TF Purifier oil filtration system. This
innovative system was the first to be certified by CaVEP A's Environmental Technology Certification program.
. EZRA, International is a minority woman-owned environmental business that specializes in fuel stabilizers
that reduce fuel conswnption and hannful emissions from hydrocarbon-based fuels. The company is currently
serving both Mexico and California.
. Institute for the Development of Environmentsl Technologies (IDET/JET) was formed to do research and
development of environmental technologies for commercial applications to resolve challenges to natural
resources and human habitats. Currently under development is the "JET Process" which demonstrates a non-
vented, high temperature, combustion and gaslliquid chemical reaction process system that transforms a wide
variety of hazardous gases and solvents into useful commercial products.
. Organics Conversion Company (Ocq is a state-of-the-art wastewater, storm drain and water purifying
systems company under contract to the Campo Indians to develop economically sustainable businesses not
based on gaming.
. Organic Recycling West, Inc. specializes in providing composting expertise to local governments wanting
to establish and operate efficient municipal composting programs. Their services range from facility and
equipment consulting to designing, permitting, planning and/or turnkey operations.
. ReWater Systems, Incorporated is the developer of a unique gray water filtration and irrigation system
designed for use in residential and light industria1 settings.
. Scientific Water Solutions is a dealer for Barnstead-Thermoline products including water purification
equipment, sterilizers, spectrometers, cyrogenic equipment, pIns heating and liquid handling products. Their
products use an array of water cleansing technologies to achieve high-purity results in water for laboratory use.
. South Bay Used Oil Recycling is an organization that provides and maintains a used oil recycling program
sponsored by the City of Chu]a Vista.
EDUCATION AND TRAINING COMPANIES
. Peace and Dignity Project is a non-profit organization whose mission is to promote sustainable resourceS
development and aid in the protection of the cultures and values of indigenous people in all countries.
. The Globe Program is a K-12 international environmental science and educational partnership partially funded
by the u.S. government.
COMPANY SUMMARY INFORMATION
FEBRUARY 1998
PAGE 2
. Millennial Entrepreneurs is a K-12 locally sponsored entrepreneurship training and off-site campus program.
. BEET stands for Binational Environmental Education and Training. It is a combined program of the U.S.
Government through the EP A and the Mexican government represented by SEMARNAP to promote cross-
border environmental field training.
. COLEF Foundation, partnered with El Colegio de la Frontera Norte (COLEF), is (I) a research and degree-
granting institution which provides dissemination of information on u.S.-Mexico border issues, (2) trains
graduate and post-graduate specialists in environmental disciplines, and (3) provides binational technology
transfer services for environmental inftastructure projects.
AFFILIATED COMPANIES
. California Environmental Technology Consortium is a non-profit organization that leverages combined
resources of all environmental incubators in the State of California to promote sustainable environmental
businesses through new business development, technology advancements, and international commercialization.
. Tangent Enterprises is a small company in the developmental stage of business Commercializing a proprietary
electrolytic water treatment technology that removes solids from liquids.
. Timothy J. Priebe, Esquire is an attorney-at-law licensed to practice in Califoruia both in State and Federal
courts. His practice emphasis is on small business contract and corporate law.
. Slideline. Incorporated manufactures hardware for sliding glass doors and windows to enhance the safety,
security and energy conservation of homes and public buildings. Its current production line includes an
automatic door closer and an automatic latch with a deadbolt feature.
. Geoscience Limited is a research and development organization that specializes in materials and process
testing including analysis for ASTM and DOT certification.
. Environmental Scientific Products is a minority-owned distributor of environmental health and safety
products including personal protective and non-toxic oil cleanup equipment.
TECHNOLOGY PROVIDER SUPPORT COMPANIES
. Brown Bag Design Group is a multi-media design group that specializes in developing visual company
identities and promotional materials for businesses, organizations and associations.
. The Kensington Group, LLc. The Group helps small businesses access capital funding, assists with business
planning and develops market strategies for environmentally-focused companies.
. Martha Valdes and Associates is a minority and woman-owned environmental consulting flffit that specializes
in solid waste issues along the US/Ca1iforuia-Mexico border. They have several contracts with different not-for-
profit organizations to solve waste problems.
BECA SUPPORT COMPANIES
. American Baja Capital Group (ABq since 1969 has been a bi-national incubator facilities and service
provider, where general businesses and technology-based "start-up"compauies are housed and integrated to
serve each other, accelerating cross-border economic progress.
. Corazon is a woman-owned economic development consulting group experienced in grant writing for federal
and non-federal funding.
. Down to Earth provides environmentally-friendly landscape design and maintenance services for the BECA
facility.
. Oscar Romo is a marketing consultant who specializes in US-Mexico border and Latin American
environmental trade.
/5 ~ g/
Exhibit B
ARTICLES OF INCORPORATION
of the
BORDER ENVIRONMENTAL COMMERCE ALLIANCE
ONE: The name of this corporation is Border Environmental Commerce Alliance
(hereinafter referred to as the "Corporation").
TWO: This Corporation is a nonprofit public benefit corporation and is not organized
for the private gain of any person. It is organized under the Non-Profit Public Benefit
Corporation Law for public or charitable purposes. The purposes for which the Corporation
is formed are: to lessen the burdens of the government of the City of Chula Vista, California;
to promote research and development, job creation and retention, and economic growth by
operating an environmental technology incubator; to provide services to, and/or to lease, own,
operate or construct incubatorlresearch facilities in Chula Vista, California; to provide relief
of unemployment, combat community deterioration, and protect and promote the environment
in Chula Vista, California. Consistent with the specific purposes set-forth above, the
Corporation is organized exclusively for charitable, literary and scientific, and educational
purposes, including the lessening of the burdens of government with the meaning of Section
501 (c)(3) of the Internal Revenue Code of 1986, as now in effect or as may hereafter be
amended (the "Code").
In furtherance of its above-described corporate purposes, subject to provisions hereof
the Corporation may receive property by gift, devise or bequest, invest or reinvest the same,
and apply the income and principal thereof, as the Board of Directors may from time to time
determine, either directly or through contributions to any charitable organization or
organizations, and engage in any lawful act or activity for which corporations may be
organized under the California Nonprofit Public Benefit Corporation Law.
In furtherance of its above-described corporate purposes, subject to the provisions
hereof the Corporation shall have all the general powers enumerated in Sections 5140 and
5141 of the California Nonprofit Public Benefit Corporation Law, as now in effect or as may
hereafter be amended, together with the power to solicit grants and contributions for such
purposes.
THREE: The name and address in the State of California of the Corporation's initial
agent for service of process is Chris Salomone, Community Development Director, City of
Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910.
FOUR: No substantial part of the activities of the Corporation shall consist of carrying
on of propaganda, or otherwise attempting to influence legislation (except as otherwise
permitted by Section 501 (h) of the Code and in any corresponding laws of the State of
California), and the Corporation shall not participate in or intervene in (including the publishing
or distribution of statements concerning) and political campaign on behalf of (or in opposition
to) any candidate for public office.
/~ç--/
During such period, or periods, of time as the Corporation is treated as a "private
foundation" pursuant to Section 509 of the Code, the directors must distribute the
Corporation's income at such time and in such manner so as not to subject the Corporation
to tax under Section 4942 of the Code, and the Corporation is prohibited from engaging in any
act of self-dealing (as defined in Section 4941 (d) of the Code), from retaining any excess
business holdings (as defined in Section 4941 (d) of the Code) which would subject the
Corporation to tax under Section 4943 of the Code, from making any investments or
otherwise acquiring assets in such manner so as to subject the Corporation to tax under
Section 4944 of the Code, from retaining any assets which would subject the Corporation to
tax under Section 4944 of the Code if the directors have acquired such assets, and from
making any taxable expenditures (as defined in Section 4945(d) of the Code).
Notwithstanding any other provision of these Articles of Incorporation, the Corporation
shall not directly or indirectly carryon any activity not permitted by a corporation exempt from
federal income tax under Section 501 (c)(3) of the Internal Revenue Code or the corresponding
section of any future federal tax code, or cause it to lose such exempt status, or carryon any
activity not permitted to be carried on by a corporation, contributions to which are deductible
under Sections 170(c)(2j, 2055(a), and 2522(a)(2) of the Code or corresponding future
section of any future federal tax code.
This Corporation may not use the City of Chula Vista's sponsorship, including the use
of its name, funding, staff time, logo, facilities, etc, for any activity that either is inconsistent
with an approved policy of the City or directly disapproved by the City Council, This limitation
can not be amended without approval of the City Council of the City of Chula Vista.
The financial records of the Corporation shall be open to the public to be examined
upon request of any member of the public. This limitation can not be amended without
approval of the City Council of the city of Chula Vista,
Council members of the City of Chula Vista will be notified of all meetings of the Board
of Directors of the Corporation, and shall have the right to attend such meetings and address
the board. This limitation can not be amended without approval of the City Council of the
City of Chula Vista,
These Articles may not be amended without the prior approval of the City Council of
the City of Chula Vista
FIVE: The property of the Corporation is irrevocably dedicated to the public or
charitable meeting the requirements for exemption under Section 214 of the California
Revenue and Taxation Code. No part of the net earnings of the Corporation shall inure to the
benefit of, or be distributable to, any director or officer of the Corporation, or any other
private person, except that the Corporation shall be authorized and empowered to pay
reasonable compensation for services rendered to or for the Corporation and to make
payments and distributions in furtherance of the purposes set forth in Article Two hereof.
The Board of Directors may not dissolve this corporation until the City Council of the
City of Chula Vista shall have approved the board's plan for distributing any remaining assets
to the City or to an agency selected by the Board consistent with the purpose for which they
were acquired. Upon the dissolution of the corporation, any assets remaining after payment
of, or provision for payment of, all debts and liabilities shall be distributed to the City of Chula
Vista, a governmental entity described in Section 170(b) (1) (A) (v) of the Internal Revenue
/5/ /t:7
Code, or to some other agency selected by the Internal Revenue Code, or to some other
agency selected by the Board which is consistent with the purpose for which the contributions
were acquired. this limitation can not be amended without approval of the City Council of the
City of Chula Vista. In no event shall any of such assets or property be distributed to any
director or officer, or any private individual.
For purposes of forming the Corporation under the laws of the State of California, the
undersigned incorporator has executed these Articles of Incorporation on the date indicated
below.
/~//
Date: Signed
Chris Salomone
Chris Salomone declares that he is the person who executed the foregoing Articles
of Incorporation and that said instrument is his act and deed.
Date: Signed
Chris Salomone
H ,\HOME\COMMDEV\MONACOIBECA \Artkle
/S//d-.-
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Exhibit C
PROPOSED BYLAWS
of the
BORDER ENVIRONMENTAL COMMERCE ALLIANCE
A California Public Benefit Corporation
ARTICLE 1
NAME AND ADDRESS
The name of this corporation is the BORDER ENVIRONMENTAL COMMERCE ALLIANCE, and
the principal office of the corporation for the transaction of its business is located at 477
Marina Parkway, Chula Vista, California.
ARTICLE 2
PURPOSES
SECTION 1. OBJECTIVES AND PURPOSES
This Corporation is a nonprofit public benefit corporation and is not organized for the private
gain of any person. It is organized under the Non-Profit Public Benefit Corporation Law for
public or charitable purposes. The purposes for which the Corporation is formed are: to lessen
the burdens of the government of the City of Chula Vista, California; to promote research and
development, job creation and retention, and economic growth by operating an environmental
technology incubator; to provide services to, and/or to lease, own, operate or construct
incubator/research facilities in Chula Vista, California; to provide relief of unemployment,
combat community deterioration, and protect and promote the environment in Chula Vista,
California. The Corporation is organized exclusively for charitable, literary and scientific, and
educational purposes, including the lessening of the burdens of government with the meaning
of Section 501 (c)(3) of the Internal Revenue Code of 1986, as now in effect or as may
hereafter be amended (the "Code").
In furtherance thereof, the Corporation may receive property by fit, devise or bequest,
invest or reinvest the same, and apply the income and principal thereof, as the Board of
Directors may from time to time determine, either directly or through contributions to any
charitable organization or organizations, exclusively for charitable, scientific, literary, or
educational purposes, and engage in any lawful act or activity for which corporations may be
organized under the California Nonprofit Public Benefit Corporation Law.
In furtherance of its corporate purposes, the Corporation shall have all the general
powers enumerated in Sections 5140 and 5141 of the California Nonprofit Public Benefit
Corporation Law, as now in effect or as may hereafter be amended, together with the power
to solicit grants and contributions for such purposes.
/5'-/3>
ARTICLE 3
DIRECTORS
SECTION 1. NUMBER; SELECTION
The corporation shall have up to eight (8) voting Directors and up to two (2) ex-officio
Directors, collectively they shall be known as the Board of Directors. The number may be
changed by amendment of this Bylaw, or by repeal of this Bylaw and adoption of a new
Bylaw, as provided in these Bylaws, The Directors shall be initially selected by the City
Manager of the City of Chula Vista or his designee. Thereafter, vacancies shall be filled by
a majority vote of a quorum of the remaining Board of Directors. Each voting Director shall
have the following qualifications: 1) principal involvement in an industry or activity that has,
through contract or other formal arrangement, developed a working relationship with BECA
technology providers for the purposes of addressing environmental challenges, 2) principal
involvement with entities engaged in financing environmental technology development, 3)
affiliation with educational institutions that include programs in environmental research, and
the ability to effect technology transfer from education to business, and 4) technical or
professional expertise, qualifications or licensing in fields relating to environmental technology,
small business development, intellectual property, and/or cross-border/international
education/marketing, The City Manager, or his designee, shall always be an ex-officio
Director on the Board with no voting privileges, and may appoint up to one additional ex-
officio Director in his/her sole discretion.
SECTION 2. TERM OF OFFICE
Each Director shall serve as a Director for a term of two years and until his or her death.
Notwithstanding the immediately preceding sentence and to assure continuity in the
membership of the Board of Directors, the first Board Chairperson shall serve as a Director for
two years, one-half of the other initial Directors of the corporation shall serve as Directors for
one year and the remaining half shall serve as Directors for two years.
SECTION 3. POWERS
Subject to the provisions of the California Nonprofit Public Benefit Corporation law and any
limitation in the Articles of Incorporation and Bylaws relating to action required or permitted
to be taken or approved by the members, if any, of the corporation, the activities and affairs
of this corporation shall be conducted and all corporate powers shall be exercised by or under
the director of the Board of Directors.
SECTION 4. DUTIES
It shall be the duty of the Directors to:
(a) Perform any and all duties imposed on them collectively or individually by law,
by the Articles of Incorporation of this corporation, or by these Bylaws;
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/5~Jf
(b) Adopt and implement policies and procedures to accomplish the purposes and
objectives of the corporation and to preserve and develop its assets;
(c) Make general rules and regulations for the government of the corporation;
(d) Appoint and remove, employ and discharge, and, except as otherwise provided
in these Bylaws, prescribe the duties, fix the compensation, if any, and evaluate
the performance of all officers, agents and employees of the corporation;
(e) Supervise all officers, agents and employees of the corporation to assure that
their duties are performed properly;
(f) Evaluate the need for, authorize, coordinate and supervise any fund-raising
efforts of the corporation;
(g) Undertake strategic planning for the corporation and oversee the
implementation of such plans;
(h) Meet at such times and places as required by these Bylaws; and
(i) Register their addresses with the Secretary of the corporation and notices of
meetings mailed or otherwise communicated to them at such addresses shall
be valid notices thereof.
SECTION 5. COMPENSATION
Directors shall serve without compensation. Directors may not be compensated for rendering
services to the corporation in any capacity other than Director unless such other
compensation is reasonable and is allowable under the provision of Section 6 of this Article.
SECTION 6. INTERESTED DIRECTORS
Notwithstanding any other provision of these Bylaws, not more than forty-nine percent (49%)
of the persons serving on the Board may be interested persons. For purposes of this Section,
"interested persons" means either:
(a) Any person currently being compensated by the corporation for services rendered it within
the previous twelve (12) months, whether as a full-or part-time officer or other employee,
independent contractor, or otherwise; or
(b) Any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law,
daughter-in-law, mother-in-law, or father-in-law of any such person.
SECTION 7. MEETINGS
The Board of Directors shall meet at least twice annually, at such times as the Chairperson
may designate. Additional meetings of the Board may be called by the Chairperson or by a
majority of the Directors. Meetings of the Board shall be presided over by the Chairperson of
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/Þ~/3
the Board, or, in his or her absence, by the President of the corporation or, in his or her
absence, by the Vice President of the corporation, or in the absence of each of these persons,
by a Chairperson chosen by a majority of the Directors present at the meeting.
SECTION 8. PLACE OF MEETINGS
All meetings of the Board of Directors shall be held at the corporation's principal office or at
such other place, within or without the State of California, as may be designated in the notice
of such meeting.
SECTION 9. NOTICE
Written notice of the time and place of any meeting of the Board of Directors shall be given
to each director, personally, by mail, or by facsimile transmission or by private delivery
service, by the Secretary or the President of the Corporation at least seven (7) days in
advance of such meeting. Notice of meetings shall also be given in this manner to each
member of the City Council of the City of Chula Vista.
SECTION 10. WAIVER OF NOTICE
Notice of the time, place and purpose(s) of any meeting of the Board of Directors, whether
required by law, the Articles of Incorporation, or these Bylaws, may be waived in writing,
either before or after the holding of such meeting, by any Director, which writing shall be filed
with or entered upon the records of the meeting. The attendance of any Director at any such
meeting without protesting, prior to or at the commencement of the meeting, shall be deemed
to be a waiver by him or her of the lack of notice of such meeting.
SECTION 11. QUORUM
Except as otherwise provided in these Bylaws or in the Articles of Incorporation of the
corporation, or by law, no business shall be considered by the Board at any meeting at which
a quorum, as hereinafter defined, is not present, and the only motion which the Chair shall
entertain at such meeting is a motion to adjourn at such meeting may adjourn from time to
time until the time fixed for the next regular meeting of the Board.
A majority of the number of Directors that have been duly selected or elected in accordance
with this Article 3 shall constitute a quorum for a meeting of the Board.
SECTION 12. ACTION WITHOUT MEETING
Any action which may be authorized or taken at a meeting of the Board of Directors may be
authorized or taken without a meeting with the affirmative vote or approval of, and in a
writing signed by, all of the Directors.
SECTION 13. VACANCIES
In the event of a vacancy on the Board of Directors caused by the death, resignation or
removal of a Director by the Board of Directors, the vacancy may be filled for the unexpired
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term of such former Director by selection or election of a replacement Director in the same
manner as such former Director was selected or elected.
SECTION 14. RESIGNATION
Any Director may resign at any time by giving written notice to the Chairperson of the Board
of Directors. Such resignation shall take effect as of the date of the receipt of such notice,
unless such notice specifies a later effective time.
SECTION 15. NON-LIABILITY OF DIRECTORS
The Directors shall not be personally liable for the debts, liabilities, or other obligations of the
corporation.
SECTION 16. INDEMNIFICATION BY CORPORATION
To the extent that a person who is, or was, a Director, officer, employee or other agent of this
corporation has been successful on the merits in defense of any civil, criminal, administrative
or investigative proceeding brought to procure a judgment against such person by reason of
the fact that he or she is, or was, any agent of the corporation, or has been successful in
defense of any claim, issue or matter, therein, such person shall be indemnified against
expense actually and reasonably incurred by the person in connection with such proceeding.
If such person either settles any such claim or sustains a judgment against him or her, then
indemnification against expenses, judgments, fines, settlements and other amounts reasonably
incurred in connection with such proceedings shall be provided by this corporation but only
to the extent allowed by, and in accordance with the requirements of, Section 5238 of the
California Nonprofit Public Benefit Corporation Law,
SECTION 20. INSURANCE FOR CORPORATE AGENTS
The Board of Directors may adopt a resolution authorizing the purchase and maintenance of
insurance on behalf of any agent of the corporation (including a Director, officer, employee
or other agent of the corporation) against any liability other than for violating provisions of law
relating to self-dealing (Section 5233 of the California Nonprofit Public Benefit Corporation
Law) asserted against or incurred by the agent in such capacity or arising out of the agent's
status as such, whether or not corporation would have the power to indemnify the agent
against such liability under the provisions of Section 5238 of the California Nonprofit Public
Benefit Corporation Law.
ARTICLE 4
OFFICERS
SECTION 1. NUMBER
The officers of the corporation shall be a President, a Secretary, and a Chief Financial Officer
who shall be designated the Treasurer. The corporation may also have, as determined by the
Board of Directors, a Chairperson of the Board, one or more Vice Presidents, Assistant
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Secretaries, Assistant Treasurers, or other officers as may be deemed necessary from time
to time. Any number of offices may be held by the same person except that neither the
Secretary nor the Treasurer may serve as the President or Chairperson of the Board.
SECTION 2. ELECTION AND TERM OF OFFICE
The officers of the corporation shall be elected by majority vote of the Board of Directors at
its annual meeting or at a special meeting of the Board of Directors held for such purpose.
Each officer shall hold office for a term of two (2) years or until his successor is elected, or
until his earlier resignation, removal from office or death.
SECTION 3. REMOVAL AND RESIGNATION
Any officer may be removed, either with or without cause, by the Board of Directors, at any
time. Any officer may resign at any time by giving written notice to the Board of Directors
or to the President or Secretary of the corporation. Any such resignation shall take effect at
the date of receipt of such notice or at any later date specified therein, and, unless otherwise
specified therein, the acceptance of such resignation shall not be necessary to make it
effective.
SECTION 4. POWERS AND DUTIES
Subject to such limitations as the Board of Directors may from time to time prescribe, the
officers shall each have such powers and perform such duties as generally pertain to their
respective offices and such further powers and duties as may be required by law, by the
Articles of Incorporation of this corporation, or by these Bylaws, or which may be prescribed
from time to time by the Board of Directors, including but not limited to the powers and duties
delineated in this Section 4. In the case of all officers other than the President, such officers
may have powers and duties as may be conveyed upon them from time to time by the
President.
(A) President. The President shall be the chief executive officer of the corporation and shall,
subject to the control of the Board of Directors, supervise and control the affairs of the
corporation and the activities of the officers. The President shall be a member of the Board
of Directors and, unless another person is specifically selected or elected as Chairperson of
the Board of Directors, he or she shall preside at all meetings of the Board of Directors.
Except as otherwise expressly provided by law, by the Articles of Incorporation or by these
Bylaws, he or she shall, in the name of the corporation, execute such deeds, mortgages,
bonds, contracts, checks, or other instruments which may from time to time be authorized
by the Board of Directors.
(B) Vice President. In the absence of the President, or in the event of his or her inability or
refusal to act, the Vice President shall perform all the duties of the President, and when so
acting shall have all the powers of, and be subject to all the restrictions on, the President.
(C) Secretary. The Secretary shall be a member of the Board of Directors. The Secretary
shall:
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Certify and keep at the principal office of the corporation the original, or a copy of
these Bylaws as amended or otherwise altered to date.
Keep at the principal office of the corporation or at such other place as the Board may
determine, a book of minutes of all meetings of the Directors, and, if applicable,
meetings of committees of Directors, recording therein the time and place of holding,
whether regular or special, how called, how notice thereof was given, the names of
those present or represented at the meeting, and the proceedings thereof.
See that all notices are duly given in accordance with the provisions of these Bylaws
or as required by law.
Be custodian of the records and of the seal of the corporation, if any and see that such
seal is affixed to all duly executed documents, the execution of which on behalf of the
corporation under its seal is authorized by law or these Bylaws.
Exhibit at all reasonable times to any Director of the corporation, or to his or her agent
or attorney, on request therefor, the Articles of Incorporation, the Bylaws and the
minutes of the proceedings of the Directors of the corporation.
(D) Treasurer. The Treasurer shall be a member of the Board of Directors. Subject to the
provisions of these Bylaws relating to the "Execution of Instruments, Deposits Real Property
and Patents", the Treasurer shall:
Have charge and custody of, and be responsible for, all funds and securities of the
corporation, and deposit all such funds in the name of the corporation in such banks,
trust companies, or other depositories as shall be selected by the Board of Directors.
Receive, and give receipt for, monies due and payable to the corporation from any
source whatsoever.
Disburse, or cause to be disbursed, the funds of the corporation as may be directed
by the Board of Directors, taking proper vouchers for such disbursements.
Keep and maintain at the principal office of the corporation or at such other place as
the Board may determine, adequate and correct accounts of the corporation's
properties and business transactions, including accounts of its assets, liabilities,
receipts, disbursements, gains and losses,
Exhibit at all reasonable times the books of account and financial records to any
Director of the corporation, or to his or her agent or attorney, on request therefor.
Render at each regular meeting of the Board of Directors and at other times whenever
requested by the President or other Directors, an account of any or all of his or her
transactions as Treasurer and of the financial condition of the corporation.
Prepare, or cause to be prepared, and certify, or cause to be certified, the financial
statement to be included in any required reports.
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SECTION 5. COMPENSATION
The salaries of the officers shall be fixed from time to time by resolution of the Board of
Directors. No officer shall be prevented from receiving such salary by reason of the fact that
he or she is also a Director of the corporation, provided, however, that such compensation
paid a Director for servicing as an officer of the corporation shall only be allowed if permitted
under the provision of Article 3, Section 6 of these Bylaws. In all cases, any salaries received
by officers of this corporation shall be reasonable and given in return for services actually
rendered for the corporation which related to the performance of the charitable or public
purposes of this corporation.
ARTICLE 5
COMMITTEES
SECTION 1. EXECUTIVE COMMITTEE
The Board of Directors may, by a majority vote of Directors, designate two (2) or more of its
members (who may also be serving as officers of this corporation) to constitute an Executive
Committee and delegate to such Committee any of the powers and authority of the Board in
the management of the business and affairs of the corporation, except with respect to:
(a) The filling of vacancies on the Board or on any committee which has the
authority of the Board.
(b) The fixing of compensation of the Directors for serving on the Board or on any
committee.
(c) The amendment or repeal of Bylaws or the adoption of new Bylaws.
(d) The amendment or repeal of any resolution of the Board which by its express
terms is not so amendable or repealable.
(e) The appointment of committees of the Board or the members thereof.
(f) The approval of any transaction to which this corporation is a party and in
which one or more of the Directors has a material financial interest, except as
expressly provided in Section 5233(d)(3) of the California Nonprofit Public
Benefit Corporation Law.
By a majority vote of its members, the Board may at any time revoke or modify any or all of
the authority so delegated, increase or decrease, but not below two (2) the number of its
members, and fill. vacancies therein from the members of the Board. The Committee shall
keep regular minutes of its proceedings, cause them to be filed with the corporate records,
and report the same to the Board from time to time as the Board may require.
SECTION 2. OTHER COMMITTEES
The corporation shall have such other committees as may from time to time be designated by
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resolution of the Board of Directors. Such other committees may consist of persons who are
not also members of the Board, These additional committees shall act in an advisory capacity
only to the Board and shall be clearly titled as "advisory" committees.
ARTICLE 6
EXECUTION OF INSTRUMENTS, DEPOSITS, REAL PROPERTY, AND PATENTS
SECTION 1. EXECUTION OF INSTRUMENTS
The Board of Directors, except as otherwise provided in these Bylaws, may by resolution
authorize any officer or agent of the corporation to enter into any contract or execute and
deliver any instrument in the name of and on behalf of the corporation, and such authority
may be general or confined to specific instances. Unless so authorized, no officer, agent, or
employee shall have any power or authority to bind the corporation by any contract or
engagement or to pledge its credit or to render it liable monetarily for any purpose or in any
amount.
SECTION 2. CHECKS AND NOTES
Except as otherwise specifically determined by resolution of the Board of Directors, or as
otherwise required by law, checks, drafts, promissory notes, orders for the payment of
money, and other evidence of indebtedness of the corporation shall be signed by the Treasurer
and countersigned by the President of the corporation,
SECTION 3. DEPOSITS
All funds of the corporation shall be deposited from time to time to the credit of the
corporation in such banks, trust companies, or other depositories as the Board of Directors
may select.
SECTION 4. GIFTS
The Board of Directors may accept on behalf of the corporation any contribution, gift,
bequest, or devise for the charitable or public purposes of this corporation.
SECTION 5. REAL PROPERTY
The Board of Directors may purchase or otherwise acquire for the charitable or public
purposes of this corporation, lands and interest in lands whether leasehold, in fee, or
otherwise, situated within or without the State of California, and to own, hold, improve by
building or otherwise, and to deal in and with, or to lease out or otherwise use for corporate
and income purposes, or to encumber, sell, and dispose of any such real estate or
improvements, or any interest therein, or to lease the same either as landlord or tenant; and
to purchase, construct, and otherwise acquire, and to own, maintain, and operate building of
any character, for the corporate purposes.
SECTION 6. PATENTS AND COPYRIGHTS
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The Board of Directors may, for the charitable or public purposes of this corporation, acquire,
apply for, obtain, purchase, lease, take license in respect of, or otherwise acquire, and hold,
own, use, operate, enjoy, turn to account, grant licenses in respect of, introduce, sell, assign,
mortgage, pledge, or other dispose of, for corporate purposes:
(a) Any and all inventions, devices, and processes, and any improvements and
modifications thereof;
(b) Any and all letters patent of the United States or of any other country;
(c) Any and all copyrights granted by the United States or by any other country;
(d) Any and all trade-marks, trade names, trade symbols, and other indications of
origin and ownership granted by or recognized under the laws of the United
States or any other country,
ARTICLE 7
CORPORATE RECORDS, REPORTS AND INSPECTION RIGHTS
SECTION 1. CORPORATE RECORDS
The corporation shall keep at its principal office in the State of California:
(a) Complete minutes of all meetings of Directors and committees of the Board;
(b) Complete and correct books and records of account;
(c) A copy of the corporation's Articles of Incorporation and Bylaws as amended
to date.
SECTION 2. CORPORATE SEAL
The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall
be kept at the principal office of the corporation. Failure to affix the seal to corporate
instruments, however, shall not affect the validity of any such instrument.
SECTION 3. INSPECTION RIGHTS
Every Director shall have the absolute right at any reasonable time to inspect, make
extracts of and copy all books, records and documents of every kind and to inspect the
physical properties of the corporation. This inspection may be made in person or by agent
or attorney.
SECTION 4. ANNUAL REPORT
The Board shall cause an annual report to be furnished not later than one hundred twenty
(120) days after the close of the corporation's fiscal year to all Directors of the
corporation. Such annual report shall contain the following information in appropriate
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detail:
(a) The assets and liabilities of the corporation as of the end of the fiscal year:
(b) The principal changes in assets and liabilities during the fiscal year;
(c) The revenue or receipts of the corporation for the fiscal year;
(d) The expenses or disbursements of the corporation during the fiscal year;
(e) Any information required by Section 7 of this Article 7.
The annual report shall be accompanied by any report thereon of independent accountants,
or, if there is no such report, the certificate of an authorized officer of the corporation that
such statements were prepared without audit from the books and records of the
corporation.
SECTION 5. ANNUAL STATEMENT OF SPECIFIC TRANSACTIONS TO DIRECTORS OR
OFFICERS
The corporation shall mail or deliver to all Directors within one hundred and twenty (120)
days after the close of its fiscal year a statement which briefly describes the amount and
circumstance of any transaction or indemnification (or advance) in which the corporation,
or its subsidiary, was a party, and in which any Director or officer of the corporation, or its
subsidiary, had a direct or indirect material financial interest (a mere common directorship
shall not be considered a material financial interest).
Such statement need only be provided with respect to a transaction during the previous
fiscal year involving more than fifty thousand dollars ($50,000) or which was one of a
number of transactions with the same persons involving, in the aggregate, not more than
fifty thousand dollars ($50,000).
Similarly, the statement need only be provided with respect to indemnifications or
advances aggregating more than more than ten thousand dollars ($10,000) paid during the
previous fiscal year to any Director or officer, except that no such statement need be
made if such indemnification was approved by the Board of Directors pursuant to Section
5238(e)(2) of the California Nonprofit Public Benefit Corporation Law.
Any statement required by this Section 5 shall briefly describe the names of the interested
persons involved in such transactions, stating each person's relationship to the
corporation, the nature of such person's interest in the transaction and, where practical,
the amount of such interest, provided that in the case of a transaction with a partnership
of which such person is a partner, only the interest of the partnership need be stated.
ARTICLE 8
FISCAL YEAR
SECTION 1. FISCAL YEAR OF THE CORPORATION
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"
The fiscal year of the corporation shall begin on the first day of January and end on the
last day of December of each year.
ARTICLE 9
AMENDMENT OF ARTICLES
SECTION 1. AMENDMENT OF ARTICLES
The Articles of Incorporation of this corporation may be amended upon obtaining both: (a)
by majority vote of the Board at a meeting of the Board of Directors; and (b) majority vote
of the City Council of the City of Chula Vista.
ARTICLE 1 a
ADOPTION AND AMENDMENT OF BYLAWS
SECTION 1. EFFECTIVE DATE
These Bylaws shall be effective upon adoption, by affirmative vote of a majority of the
initial Directors at a meeting of the Board of Directors.
SECTION 2. AMENDMENT OF BYLAWS
These Bylaws may be altered, amended or repealed or new Bylaws may be adopted by the
affirmative vote of a majority of the Directors at any meeting of the Board of Directors;
provided, however, an amendment to any provision within Article 1, 2, 3 (Section 1) and
12 shall also require a majority vote by the City Council of the City of Chula Vista.
ARTICLE 11
PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS
SECTION 1. PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS
No Director, officer, employee, or other person connected with this corporation, or any
private individual, shall receive at any time any of the net earnings or pecuniary profit from
the operations of the corporation, provided, however, that this provision shall not prevent
payment to any such person of reasonable compensation for services performed for the
corporation in effecting any of its public or charitable purposes, provided that such
compensation is otherwise permitted by these Bylaws and is fixed by resolution of the
Board of Directors; and no such person or persons shall be entitled to share in the
distribution of, and shall not receive, any of the corporate assets on dissolution of the
corporation.
ARTICLE 12
MEMBERS
SECTION 1. NO MEMBERS
Since this corporation makes no provision for members, then, pursuant to Section 531 a(b)
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of the Nonprofit Public Benefit Corporation Law of the State of California, any action
which would otherwise, under law or the provisions of the Articles of Incorporation or
Bylaws of this corporation, require approval by a majority of all members or approval by
the members, shall only require the approval of the Board of Directors.
H,\H OME\COMMDEV\MONACO\BECA \BYLA WS.INC
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COUNCIL AGENDA STATEMENT
Item It
Meeting Date 3/3/98
ITEM TITLE: Report: Follow-up on Request for All-Way Stop on Hidden Vista Drive at
Woodhouse Avenue.
SUBMITTED BY: Di~'","fP"bti, W"~
REVIEWED BY: City Manager JGt ~ /?~ (4/5 Vote: Yes_NoX)
At the meeting of January 20,1998, under Council Comments, Council indicated that they would
like to have an opportunity to decide whether to reconsider placement of the stop signs at Hidden
Vista Drive. Before staff installs the stop signs at this additional intersection (in this neighborhood),
staff was directed to analyze the traffic and vehicle speeds on the subject streets and bring those
studies back to City Council. After that time, Council can decide whether to reconsider any previous
action,
RECOMMENDATION: That the City council accept staff s report and make a detennination
to reconsider the approval of the All-Way Stop at the intersection of Hidden Vista Drive and
Woodhouse Avenue and set a public hearing on the issue for March 24,1998.
BOARDS/COMMISSIONS RECOMMENDATION: On October 9, 1997, the Safety
Commission voted (MSC - Miller/Acton) to accept staffs recommendations 1 through 4 and,
contrary to staffs further recommendation to not install a second all-way stop sign at Woodhouse
A venue and Hidden Vista Drive, recommendaed that the additional all-way stop be installed.
Motion carried (4-2) (1 vacancy) with Liken and Acton voting no,
DISCUSSION:
Because staff recommended against installing the additional stop sign on Hidden Vista Drive at
Woodhouse Avenue and the Safety Commission voted to recommend it, the item automatically went
to the Council to make the final decision. Subsequent to the action by the Safety Commission, the
matter was set for public hearing for the Council meeting of December 16, 1997. However, on
December 16, there was testimony that some of the residents did not receive timely notification and
the agenda item was continued to the meeting of January 13, 1998. At that meeting, the council
voted to install an all-way stop sign at the intersection of Woodhouse Avenue and Hidden Vista
Drive,
As a result of comments from Council during the meeting of January 20,1998, the Public Woprks
Department placed traffic counters that measure speed and volume for 24 hours on February 2,1998,
That infonnation was compared to speed and volume infonnation obtained prior to the installation
of the all-way stop at the intersection of Hidden Vista Drive and Windrose Way. The results of the
"before" and "after" conditions are shown on Exhibit A.
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Page 2, Item-
Meeting Date 3/3/98
Based on the two speed surveys, after the installation of the stop sign at Hidden Vista and Windrose,
the westbound 24 hour, 85th percentile approach speed to Woodhouse reduced approximately 3 mph
from 42 mph to 39 mph, or 6.8% decrease. However, in the segment between Woodhouse and
Windrose, the speed did not change appreciably. The westbound departure speed from Windrose
decreased only about I mph.
In the eastbound direction, the 24 hour, 85th percentile approach speed to Windrose also remained
essentially the same at just over 35 mph. However, the departure speed from that intersection
decreased approximately 3 mph (7.7%) while the departure speed from Woodhouse reduced almost
5 mph (12.2%).
Clearview Elementary School starts at 8:45 am and dismisses at 3:00 pm, Staff looked at the speeds
during the 30 minute period before the start of school and the 30 minute period after school started.
Staff also analyzed the driving behavior of motorists when school children are walking home by
analyzing the speeds during the two half hour periods after school closes, The results of this analysis
are shown on Exhibit B.
In general, the results of Exhibit B show the following behavior by motorists that are driving through
the subject intersections:
1. The 30 minute period beginning at 8:15 a.m., immediately before the start of school, showed
a significant reduction in the 85th percentile speed in contrast to the 30 minute period prior
to that period beginning at 7:45 a.m. and after the "pre-school" 30 minute period beginning
at 8:45 a.m. This is probably a result of the increased activity and congestion during the
period before school starts and that drivers recognize the presence of school children.
2. The 85th percentile speed during the 30 minute periods both before and after school hours
is significantly less than the 24-hour 85th percentile speed. This indicates that drivers
recognize the presence of school children and drive accordingly.
3. In the afternoon, the results of the speed analysis showed almost no change to significant
reductions of speed (8-10 mph) during the 30 minute "post-school" time period from the
"before" to the "after" conditions.
4. The 30 minute period after the "post-school" time period showed both an increase and a
decrease as well as no significant change in speed. This behavior is difficult to explain, but
it could be attributed to school children leaving the school grounds at a later time as a result
of after-school activities.
Staff offers this infonnation to Council to decide if reconsideration of previous action is warranted.
Staffs original recommendation was to not install the all way stop at Hidden Vista and Windrose
and, based on the speed survey data, staff still believes that the stop sign should not be installed. Our
recommendation is, therefore, that the Council vote to reconsider the item. Staff also recommends
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Page 3, Item -
Meeting Date 3/3/98
that the reconsideration be set for a public hearing on March 24, 1998 since there was no notification
to the community of the results of this study,
FISCAL IMPACT: The cost of installation of the stop sign is $500. Funds are available in the
operating budget to complete the installation. If the issue is set for a public hearing, the costs for
noticing will be approximately $100 for the 328 notices that need to be sent out.
Attachments:
Exhibit A - 24 Hour speed data
Exhibit B - School hours speed data
Exhibit C - Plat showing location of speed surveys
H:\HOMEIENGINEERI TRAFFICIHDNVSTI.RRL
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EXHIBIT A
HIDDEN VISTA DRIVE
SPEED SURVEY 85TH %ILE
BEFORE AND AFTER STOP SIGN INST ALLA nON
WESTBOUND
SEGMENT
PARKSIDE-WOODHOUSE BEFORE (11/20-21/95) 42.37 MPH
AFTER (2/2/98) 39.48 MPH - 6.8%
WOODHOUSE-WINDROSE BEFORE (9/16-17/97) 36.43 MPH
AFTER (2/2/98) 36.96 MPH + 1.5%
WINDROSE-LAWN VIEW BEFORE (11/20-21/95) 37.98 MPH
AFTER (2/2/98) 36.78 MPH - 3.1%
EASTBOUND
SEGMENT
LAWN VIEW-WINDROSE BEFORE (11/20-21/95) 35.83 MPH
AFTER (2-2-98) 35.64 MPH - 0.5%
WIND ROSE-WOODHOUSE BEFORE (9/16-17/97) 32.34 MPH
AFTER (2/2/98) 29.84 MPH - 7.7%
WOODHOUSE-PARKSIDE BEFORE (11/20-21/95) 38.82 MPH
AFTER (2/2/98) 34.10 MPH - 12.2%
H: \HOME\EN GlNEER \ TRAFFIC\HIDD ENV . WPD
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EXHffiIT B
HIDDEN VISTA DRIVE SPEED SURVEY
85th %ile Speed - Before and After Stop Sign Installation at Windrose
LAWN VIEW - WINDROSE Note: School Begins at 8:45 AM
and ends at 3:00 PM
NORTH (EAST) % CHANGE I SOUTH (WEST) l % CHANGE I
BOUND BOUND
7:45-8: 15AM BEFORE 34.3 MPH BEFORE 38.1 MPH
AFTER 34.1 MPH -0.6% AFTER 34.8 MPH - 8.7%
8: IS-8:45AM BEFORE 30.6 MPH BEFORE 34.2 MPH
SCHOOL BEGINS AFTER 30.8 MPH + 0.7% AFTER 32.8 MPH -4.1%
8:45-9:00AM BEFORE 34.2 MPH BEFORE 36.0 MPH
AFTER 34.8 MPH + 1.7% AFTER 32.9 MPH - 8.6%
3:00-3:30PM BEFORE 34.5 MPH BEFORE 36.3 MPH
SCHOOL ENDS AFTER 34.3 MPH -0.6% AFTER 32.9 MPH - 9.4%
3:30-4:00PM BEFORE 34.3 MPH BEFORE 36.5 MPH
AFTER 34.5 MPH + 0./\% APTPR 36.5 MPH 0%
WINDROSE - WOODHOUSE
EASTBOUND % CHANGE % CHANGE
7:45-8: 15AM BEFORE 28.6 MPH BEFORE 36.3 MPH
AFTER 28.6 MPH 0% AFTER 36.4 MPH + 0.3%
8: IS-8:45AM BEFORE 26.9 MPH BEFORE 30.8 MPH
SCHOOL BEGINS AFTER 28.7 MPH + 6.7% AFTER 30.4 MPH -1.3%
8:45-9:00AM BEFORE 28.4 MPH BEFORE 30.9 MPH
AFTER NO DATA NO DATA AFTER 32.9 MPH + 6.5%
3:00-3:30PM BEFORE 28.5 MPH BEFORE 30.6 MPH
SCHOOL ENDS AFTER 28.1 MPH - 1.4% AFTER 30.5 MPH - 0.3%
3:30-4:00PM BEFORE 28.5 MPH BEFORE 36.3 MPH
AFTER 28.4 MPH - 0.4% AFTER 14Q MPH - 3.8%
WOODHOUSE - PARKSIDE
EASTBOUND % CHANGE WESTBOUND % CHANGE
7:45-8: 15AM BEFORE 42.6 MPH BEFORE 40.1 MPH
AFTER 34.3 MPH -19.5% AFTER 36.5 MPH -9.0%
8: IS-8:45AM BEFORE 36.1 MPH BEFORE 32.8 MPH
SCHOOL BEGINS AFTER 28.3 MPH -21.6% AFTER 32.3 MPH - 1.5%
8:45-9:00AM BEFORE 36.2 MPH BEFORE 36.7 MPH
AFTER 30.0 MPH -17.1% AFTER 36.9 MPH + 0.5%
3:00-3:30PM BEFORE 38.0 MPH BEFORE 44.7 MPH
SCHOOL ENDS AFTER 30.4 MPH - 20.0% AFTER 34.9 MPH -21.9%
3:30-4:00PM BEFORE 38.5 MPH BEFORE 40.5 MPH
AFTER 30.8 MPH - 20.0% AFTER 38.2 MPH - 5.7%
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February 26, 1998
TO: The Honorable Mayor and city Council
FROM: John D. Goss, City Manage~'
SUBJECT: City Council Meeting of M rch 3, 1998
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, March 3,1998. Comments regarding
the Written Communications are as follows:
Sa. This is a letter from the City Attorney stating that to the
best of his knowledge from observance of actions taken in
Closed Session on 2/24/98 in which he participated, that the
City Council announced the appointment of David D. Rowlands,
Jr. as city Manager commencing April 20, 1998. There were no
other reportable actions taken which are required under the
Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
Sb. This is a letter from Fernanda Kelly requesting financial
assistance to attend Presidential Classroom in Washington,
D.C. on March 7 through March 14, 1998. Not enough
information has been provided about this program, and staff
has contacted Ms. Kelly requesting additional data. STAFF
RECOMMENDS DEFERRING ACTION ON THIS ITEM UNTIL ADDITIONAL
INFORMATION ON THE PRESIDENTIAL CLASSROOM PROGRAM IS PROVIDED.
Sc. This is a letter from Dianna Maria Kryjewski, resubmitting a
request for a sidewalk and pathway in the area surrounding and
adjoining Otay Elementary School. They are asking for further
consideration of installation of a sidewalk. IT IS
RECOMMENDED THAT THIS REQUEST BE REFERRED TO STAFF TO WORK
WITH THE SCHOOL DISTRICT IN DEVELOPING A JOINT RECOMMENDATION.
JDG:mab
L
MEMORANDUM
March 3, 1998
TO: Chris Salomone, Community Development Director
FROM: Joe Monaco, Environmental Projects Manager
SUBJECT: Results of BECA Tenant Survey
Over the past several weeks, I have personally interviewed and/or contacted each of the BECA tenants to gain
an understanding of their level of satisfaction with the program and to solicit their input on continuing operations
of BECA. The following is a summary of notes from those meetings. The majority of tenants were satisfied
with services and felt that the program had improved in the past several months. Many stated that the tenant
base provided a stimulating environment for exchange of ideas and promotion of their individual businesses.
Corazon: Maria Riveroll
Corazon is a business that provides grant writing services, including research on grant opportunities for the
specific technologies housed in BECA. Corazon has been with BECA only a few months and is part of a new
approach to service delivery at BECA, where support tenants provide services to technology providers.
. People within BECA have concerns over trade secrets
. Tenants don't necessarily want more control over BECA, but attention should be focused on building trust
Orqanics Recvclinq West: Karen Sampson
DRW is a green waste recycling company that has been with BECA for over a year.
. BECA has been very helpful in building ORW's business
. Provides good contacts and references
. Facilities are good
. Performance is average in terms of business development, references/consultants aren't always the best
. Would like to understand more clearly what BECA can and can't do
. There has been high personnel turnover in BECA staff
- BECA provides good assistance with basic business needs
. Program needs more consistency
Alternative Transportation Technoloqies, Inc.: Ken Smokoska
ATT develops conversion packages for vehicles from traditional fuels to natural gas and has been with BECA
for 7 months.
. A TT started in an incubator in Thousand Oaks that closed down, fears the same fate for BECA.
BECA Tenant Survey
March 3, 1998
Page 2
. It has been beneficial working with the City and being in BECA
- The ability to connect with the City in partnerships is good
. Had experienced delays in getting business plan completed by in-house consultant, finally went to outside
consultant
- In.house venture capital consultant was not helpful in finding capital for his business
. Concerned about the future funding of BECA
Re-Water Systems: Steve Bilson
Re-Water develops and markets grey.water recapture and filter systems.
. BECA has gone from bad to good in the last year
. Previous experience was that things never got done
. Appreciates Larry O'Donnell's entrepreneurial spirit
. Requests are always followed through on and needs are met immediately
. BECA is very responsive
EZRA International: Mariana laluz
EZRA specializes in fuel stabilizers that reduce fuel consumption.
. Very happy with the services provided by BECA
. like the mix of tenants. benefit to having support tenants in-house, immediate access to business help
. Good camaraderie among the tenants, tenants work together and exchange services
. BECA provides and exciting business atmosphere
. BECA has opened doors to business opportunities for her company
. Couldn't buy the services that are offered by BECA
KensinQton: John Rodolff
Kensington is a support company that specializes in development of business plans and access to venture capital.
. likes proactive attitude
. Larry O'Donnell provides immediate attention to tenant needs
. Goals of BECA seem to be focused on results (improved business/job base), not administration
Brown BaQ: IIse House
Brown Bag is a graphic arts company assisting tenants in producing marketing materials.
. Amazed at the level of service BECA offers to tenants
. Value of services is tremendous to a start up business
BECA Tenant Survey
March 3, 1998
Page 3
. Very satisfied with BECA
- Suggests that an administrative staff person be added
Environmental Perspectives: Brad
Environmental Perspectives is a non-profit organization dedicated to ecosystem preservation and environmental
sustain ability, and has been with BECA since October 1997.
- Program is great
- BECA staff and other tenants have been supportive, accommodating and flexible
- Larry O'Donnell is very responsive and follow through
- BECA provides good support. networking, sharing, community
- Collectivity of tenants is valuable, something you couldn't buy
. A non-profit like Environmental Perspectives can use the services provided to him through BECA as in-kind
matching for grant funding
Peace and Diqnitv Proiect: Carlos and Elena Pelayo
The Peace and Dignity Project is a non-profit organization that promotes sustainable resource development for
indigenous populations in the U.S. and other countries-
. BECA offers a good opportunity to match BECA tenant technologies with disadvantaged indigenous communities
to access grant funding for environmental projects that is only available to those populations
- BECA provides good contacts, tenants work together to help one another
. BECA offers very valuable resources
Carmen France
Carmen France is a start up environmental consulting company specializing in GIS.
- Has been involved in BECA from the beginning, seen many changes
. Very impressed with the work that Larry O'Donnell is doing, he is very helpful
- BECA has good people, tenants support each other
Orqanics Conversion Company: Jim McKinley
OCC is involved in developing wastewater, storm drain and water purifying systems.
- Impression of BECA has been negative, but improving
. Staff turnover has been detrimental
. Frustrated that, until recently he wasn't able to get assistance in grant writing
- There is a good mix of tenants
BECA Tenant Survey
March 3, 1998
Page 4
. BECA needs more staff
American Baja Capital Grouo: David Seville
ABC is a business incubator facilities and service provider, assisting in management of the BECA facility
. Transition to non.profit is essential
- Addition of support tenants is good for all tenants
. Feels that Larry O'Donnell is well qualified to carry out the mission of BECA
Oscar Ramo
Oscar Ramo is a marketing consultant who specializes in cross.border trade, he also represents the COlEF
Foundation.
. BECA is more focused on border issues than it had been in the past
. There is good support within BECA
. Would like to see an expansion of the cross-border component of BECA and possible expansion with another
incubator in Mexico.
Martha Valdes
Martha Valdes is a consulting company that specializes in solid waste issues along the border and has been with
BECA since the beginning
. Program started with enthusiasm but lost structure and staff and saw the City distancing itself from tenants
. In the last year, there has been an effort to bring BECA back to the original mission
. BECA is now more helpful to tenants
. Overall BECA has been a great experience
. BECA should add some administrative services to its staff
Millennium Entreoreneurs: Tonja McCoy
Millennium is a youth oriented entrepreneurial training program and is new to BECA
. Has received good customer service
- likes the variety of businesses
. Support Tenants have been very helpful in getting her started
- Would like to see BECA continue in what it is doing
BECA Tenant Survey
March 3, 1998
Page 5
Scientific Water Solutions: Mike Pykelny
Scientific Water Solutions is involved in water purification system development.
- Disappointed that Southwestern College was no longer an in-house service provider
. A receptionist is needed
. BECA has provided answers to business questions and with marketing materials
Three tenants, IDET/JET, the Globe Program and ETC were not avilable at the times that I conducted interviews.
One additional tenant, the BEET program does not yet have staff in the BECA building.
IIJMI H,IHOMe,COMMOEVIMONACOIMEMOS1BECA.TENIM..,h 3, 1998 13,37pm1J
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