HomeMy WebLinkAboutAgenda Packet 1995/02/28
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Tuesday, February 28, 1995the Pujlìc erv; es ul,,¡n,j a~City !;Iall on Council Chambers
6:00 p.m. DATED, .;L SIGNED ~ Public Services Building
Rel!U1ar Meetin2 of the Citv of Chula Vista Citv Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Fox _, Moot _' Padilla _, Rindone _, and Mayor
Horton -
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: February 21, 1995
4. SPECIAL ORDERS OF THE DAY:
a. Presentation by Robert Ball, General Manager, Hornsby Council, Hornsby, Australia.
b. Proclaiming Tuesday, February 28, 1995 as "SPAY DAY USA" in the City. Mayor Horton
will present the proclamation to Candy Schumann, Chair of the Spay Neuter Action Project
(SNAP).
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 13)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. IIYou wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) 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 there were no observed reportable actions taken
from the Closed Session of 2/21/95. It is recommended that the letter be received and filed.
b. Letter requesting endorsement of the Chula Vista Trolley Center Project - Ronald C.
Dellinger, Co-Chair, and Barbara A. Wotth, Co-Chair, Corporate Fund Raising, Chula Vista
Project for the Habitat for Humanity, 285 Third Ave., Chula Vista, CA 91910. It is
recommended that Council wait to make a decision concerning endorsement of the proposal from
Habitat for Humanity until negotiations are further along and a development agreement has been
negotiated.
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Agenda -2- February 28, 1995
6. ORDINANCE 2627 AMENDING SECTION 10.52.070 OF THE MUNICIPAL CODE
RELATING TO POLICE REMOVAL OF VEffiCLES (first readin2) - The
Police Department has been experiencing problems with chronic refusal by
certain businesses to obey the prohibition against parking cars on the sidewalk.
In order to enforce the law by removing the vehicle, it is necessary for Council
to explicitly authorize same by Ordinance. Staff recommends Council place the
ordinance on first reading. (Chief of Police)
7.A. ORDINANCE 2628 ENACTING THE CITY ASSESSMENT DISTRICT PROCEDURAL
ORDINANCE (first readi j!! - On 4/12/94, Council adopted the proposed
Resolution of Intention, adopted the boundary map, and requested consent and
jurisdiction from the County to order the acquisition and financing of the public
improvements for Assessment District Number 94-1. On 5/5/94, Council
approved the Acquisition/Financing Agreement for the district. On 617/94, the
County of San Diego gave the City consent and jurisdiction to construct
improvements and levy assessments on properties located within County
jurisdiction. Staff recommends Council place the ordinance on first reading and
approve the resolutions. (Director of Public Works)
B. RESOLUTION 17816 MAKING FINDINGS ON PETITION IN ASSESSMENT DISTRICT
NUMBER 94-1 (EASTLAKE GREENS D)
C. RESOLUTION 17817 ADOPTING A MAP SHOWING THE AMENDED BOUNDARIES OF
ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS D)
D. RESOLUTION 17818 DECLARING INTENTION WORK TO BE MORE THAN LOCAL OR
ORDINARY BENEFIT; DESCRffiING THE DISTRICT TO BE ASSESSED
TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING
FOR THE ISSUANCE OF BONDS FOR ASSESSMENT DISTRICT
NUMBER 94-1 (EASTLAKE GREENS D)
E. RESOLUTION 17819 PASSING ON THE "REPORT II OF THE ENGINEER, GIVING
PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR
THE PUBLIC HEARINGS FOR ASSESSMENT DISTRICT NUMBER 94-1
(EASTLAKE GREENS D)
8. RESOLUTION 17820 APPROVING AN AGREEMENT WITH THE AIR POLLUTION
CONTROL DISTRICT FOR THE PURCHASE OF A RETROFITTED
ELECTRIC SHUTTLE; APPROPRIATING $20,000 IN GRANT FUNDING
TO THE ENERGY CONSERVATION FUND AND APPROVING BUDGET
FOR SAME; WAIVING THE COMPETITIVE BIDDING REQUIREMENT
AND AUTHORIZING THE EXPENDITURE OF $20,000 FOR THE
ELEKTRUK - In 1993, Council accepted $20,000 in grant funding from the
Air Pollution Control District (APCD). The funds were designated to purchase
an electric shuttle to service the Telecenter Project. Approval of the contract
with APCD would authorize staff to purchase the electric vehicle. Staff
recommends approval of the resolution. (Administration) 4/5th's vote
required.
9. RESOLUTION 17821 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
CAB AND CHASSIS WITH MOUNTED AERIAL LIFT AND CHIP BODY
On 1/18/95, bids were received for Cab and Chassis with mounted aerial life
and chip body for Public Works Operations. Staff recommends approval of the
resolution. (Director of Public Works and Director of Finance)
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Agenda -3- February 28, 1995
to. RESOLUTION 17822 APPROVING CERTAIN MODIFIED DOCUMENTS PERTAINING TO
REMARKETING OF VARIABLE RATE MULTIFAMILY HOUSING
REFUNDING BONDS FOR TERRANOVA VILLAS HOUSING PROJECT
AND AUTHORIZING MAYOR TO EXECUTE ASSOCIATED
DOCUMENTS - In 1992, the City issued $9,490,000 in multifamily mortgage
revenue bonds to refinance. at a more favorable interest rate bonds that were
previously issued in 1985 for a 232-unit apartment project on East "H" Street.
The letter of credit enhancement expires 371/95. The existing owner wishes to
remarket the bonds at a variable interest rate and has secured an extension of the
existing letter of credit to 1998. The transaction requires the City to approve
a First Supplemental Indenture of Trust and a First Amendment to the Loan
Agreement. Staff recommends approval of the resolution. (Director of
Community Development)
11. RESOLUTION 17823 APPROVING THE SUBMITTAL OF THREE APPLICATIONS FOR THE
FISCAL YEAR 1995/96 TWO PERCENT NON-MOTORIZED
TRANSPORTATION DEVELOPMENT ACT (TDA) AND
TRANSPORTATION SALES TAX (TRANSNET) FUNDS - Annually the
City submits an updated list of projects for inclusion in the seven-year
implementation program of the non-motorized element of the Regional
Transportation Improvement Program. SANDAG regulations require that
official applications be submitted to SANDAG in order for projects to be
considered by its Board of Directors for funding. A resolution must be
approved authorizing submittal of the Fiscal Year 1995/96 Bicycle Project
applications for available TDA and TransNet Funds in order for the application
to be official. Staff recommends approval of the resolution. (Director of Public
Works)
12. REPORT CITY APPLICATION FOR FUNDS MADE AVAILABLE BY THE
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF
1994 (THE CRIME BILL) - Staff is concerned with the time-lines established
by the Department of Justice for receipt of Crime Bill grant applications. Both
the COPS AHEAD and COPS MORE applications are requIDng a maximum
six-week turnaround. Due to the grant's complex requirements, it will be
difficult to develop complete and effective applications and process the
applications through the customary Council approval process within the time
constraint. It is anticipated that the competition for both programs will be
intense. By accepting the recommendation, Council will enable staff to focus
on the development of effective Crime Bill grant applications. Staff
recommends Council: (1) Authorize the City Manager to submit the appropriate
COPS AHEAD and COPS MORE ap.rlications; and (2) Direct the City Manager
to bring forward a detailed Crime Bll Funding Implementation Plan for Council
review and approval prior to the acceptance of any grant award resulting from
the applications. (Chief of Police)
13. REPORT REQUEST TO SANDAG TO INCLUDE A SUBREGIONAL
TRANSPORTATION FINANCING STUDY FOR THE OTAY
MESA/SOUTH COUNTY AREA IN ITS FISCAL YEAR (FY) 1995/96
WORK PROGRAM - Last year, the cities of San Diego and Chula Vista, and
the County of San Diego, agreed to pursue the preparation of a subregional
trans!?"rtation financing strategy for the Otay Mesa/South County area. Since
that time, the staffs of the three jurisdictions have worked with SANDAG staff
to prepare an overall scope of work for the study. SANDAG staff has agreed
to support the inclusion of the study in its FY 1995/96 Overall Work Program.
On 3/1/95, County staff is requesting the Board of Supervisors to formally
endorse the proposal to have SANDAG perform the study and have requested
support from the cities of San Diego and Chula Vista. Staff recommends
Council endorse the inclusion of a subre¡¡ional transportation financing study and
authorize the Mayor to submit a letter m support of the request to SANDAG.
(Director of Planning)
* * END OF CONSENT CALENDAR * *
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Agenda -4- February 28, 1995
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the labby and submit it to the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
14. PUBLIC HEARING CONSIDERATION OF RATE INCREASE FOR COLLECTION AND
DISPOSAL OF REFUSE - On 10/1/94, the County of San Diego and the Solid
Waste Authority approved an increase in landfill tip fees from $55/ton to
$74/ton for all cities refusing to join the Authority. The differential fee was
subsequently eliminated on 2/1/95 when a tip fee of $55 for all system users
went into effect. Although Laidlaw paid the higher disposal costs for the four
months, the increase has not yet been pass on to ratepayers. Laidlaw has
requested a rate increase in the landfill comoonent to be spread over the next
four months in order to recover the additional disposal costs paid out from
10/1/94 through 1/31/95. Staff recommends approval of the resolution.
(Deputy City Manager Krempl and Principal Management Assistant Snyder)
Continued from the meeting of 2/7/95.
RESOLUTION 17824 APPROVING RATE SCHEDULES FOR COLLECTION AND DISPOSAL
OF REFUSE EFFECTIVE 3/1195
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State 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 yellow "Request to Speak Under Oral Communications
Form" available in the labby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantiol 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 aÚernative. 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.
Public comments are limited to five minutes.
15. RESOLUTION 17825 DESIGNATING MEMBERS OF THE GOVERNING BOARD OF THE
CHULA VISTA-EL DORADO-LIVERMORE-MENLO PARK HOUSING
FINANCE AGENCY - The City has an opportunity to sell three outstanding
mortgages from the 1983 Chula Vista-EI Dorado-Livermore-Menlo Park
Mortgage Revenue Bond Issue and receive approximately $98,000 in housing
funds. Staff recommends Council appoint two Councilmembers to serve and
approve of the resolution. (Director of Community Development)
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Agenda -5- February 28, 1995
16. REPORT EVALUATION OF THE COMMUNITY PRIDE FAIR SPECIAL EVENT -
On 2/14/95, Council directed staff to prepare a report evaluating the Community
Pride Fair and propose options regarding the alternatives for conducting the Fair
in the future. The intent of the report is to discuss the Community Pride Fair
held on 7/4/94, present the existing plans for the Community Pride Fair to be
held on 7/4/95, and offer options which Council may wish to consider for
sponsoring the Fair in future years. Staff recommends Council accept the
report. (Director of Parks and Recreation)
17. REPORT ZONING ADMINISTRATOR REVIEW OF CONDITIONAL USE PERMIT
PCC-93-39 FOR SHORT-TERM, TRANSITIONAL HOUSING PROJECT
FOR HOMELESS FAMILIES (CASA NUEVA VIDA) LOCATED AT 31
FOURTH AVENUE - The Conditional Use Permit for Casa Nueva Vida
located at 31 Fourth Avenue was approved by Council on 7/13/93. One of the
conditions of approval calls for a noticed review by the Zoning Administrator
with a report to Council following the first and second years of operation. The
report presents the results of the first annual review. Staff recommends Council
accept the report. (Director of Planning)
18. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
19. CITY MANAGER'S REPORTlS)
a. Scheduling of meetings.
20. MAYOR'S REPORTlS)
a. Growth Management Oversight Commission vacancy.
21. COUNCIL COMMENTS
Councilmember Rindone
a. Budget Process: (1) Eliminate practice of funding non-specific encumbrances from previous
year's budget; and (2) Establish procedures for authorizing expenditures from Mayor/Council
annual budget. Continued from the meeting of 2/21195.
b. Presentation on development of fuel cell battery and its application on buses (includes video
presentation).
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Agenda -6- February 28, 1995
CLOSED SESSION
Unless the City Attorney, the City Maooger or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted 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 bylaw to return to open session, issue any reports of final 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 terminated at this point in order to save costs so that the Council's return from
closed session, reports of JiIJgJ action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
22. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
· City of Chula Vista vs. the County of San Diego regarding approval of a major use
permit for Daley Rock Quarry.
· Christopher vs. the City of Chula Vista.
· Chammas vs. the City of Chula Vista.
2. Anticipated litigation pursuant to Government Code Section 54956.9
· Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1.
· Metro Sewer Adjustment Billing (water reclamation and expansion costs).
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management,
Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western
Council of Engineers (WCE).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
23. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on March 7, 1995
at 4:00 p.m. in the City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City
Council Meeting.
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PROCLAIMING TUESDAY, FEBRUARY 28,1995 AS
SPAY DAY USA
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, dogs and cats give companionship to and share the homes of over
50,000,000 individuals in the United States; and
WHEREAS, humane societies and shelters euthanize between 14 and 17 million
dogs and cats each year, although many of them are healthy and adoptable, simply
because there are not enough good homes; and
WHEREAS, the problem of pet overpopulation cost taxpayers of this country
millions of dollars annually through animal control programs trying to cope with the
millions of unwanted pets; and
WHEREAS, spaying and neutering dogs and cats has been shown to drastically
reduce cat and dog overpopulation; and
WHEREAS, veterinarians, humane societies, national and local animal protection
organizations have joined together to advocate the spaying and neutering of companion
animals on SPAY DAY USA and the Animal Trust Foundation has provided a $2500
grant to SNAP to dispense $20.00 "rewards" to the first 125 oeoole who provide proof
that they've altered their pets:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista, do
hereby proclaim Tuesday, February 28, 1995 as SPAY DAY USA in the City of Chula
Vista, California and urge all citizens to have their dog or cat spayed or neutered or
sponsor the spaying or neutering of another's dog or cat.
'IJ "1
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February 23, 1995
TO: The Honorable Mayor and City Council
FROM: John D. Goss, city Manager ~ti¡'
SUBJECT: City Council Meeting of February 28, 1995
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, February 28, 1995. Comments
regarding the written Communications are as follows:
5a. This is a letter from the City Attorney stating that there
were no observed reportable actions taken from the Closed
Session of 2/21/95. IT IS RECOMMENDED THAT THIS LETTER BE
RECEIVED AND FILED.
5b. This is a letter from Habitat for Humanity asking for Council
support of the proposed "Trolley Terrace" affordable townhome ,
and day care project near the Palomar Trolley. Staff has been
involved in exclusive negotiations with Habitat for Humanity
and South Bay Community Services, who would like to jointly
develop the project. The city has not entered into any type
of development agreement with these organizations or donated
the land. City staff and the nonprofits are at this point
discussing significant aspects of the deal that if not
successfully negotiated would likely lead staff to seek other
proposals.
IT IS RECOMMENDED THAT THE COUNCIL WAIT TO MAKE A DECISION
CONCERNING ENDORSEMENT OF THE PROPOSAL FROM HABITAT FOR
HUMANITY UNTIL NEGOTIATIONS ARE FURTHER ALONG AND A
DEVELOPMENT AGREEMENT HAS BEEN NEGOTIATED.
JDG¡mab
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~~~~
CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date: February 22, 1995
To: The Honorable Mayor and City coun~
From: Bruce M. Boogaard, city Attorney
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 2/21/95
The city Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session, that there were
no actions taken in the Closed Session of 2/21/95 which are
required under the Brown Act to be reported.
BMB:lgk
C:\lt\clossess.no
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619} 691-5037
_._... ...___m_"...,,,
TIJUANA - "AN DIEGO
HABITAT CHULA VISTA
!FOR HUMANITY PROJECT
L 625 BROADWAY, SUITE 614 SAN DIEGO, CA 92101 (619) 233-7551 FAX: (619) 2J6.œ34
26SJRDA VE., CHULA VISTA, CA 91910 (619) 426-3545 FAX (619)422-4216
"< :u
February 13, 1995 ~Sj¡ .. m
mC'") (')
The Honorable Shirley Horton, Mayor of Chula Vista :>I>:z: - I1t
and City Council à~ \It -
OJ» <
276 Fourth Avenue ~:s " m
Chula Vista, CA 91910 .c. 0
~~ ~
A.
Honorable Mayor Horton and Council Members:
'-.
The Chula Vista Project of Habitat For Humanity respectfully request the Mayor
and Council give their endorsement to our Project so we may begin mailing
information to all residents in the City.
Our purpose is to inform the citizenry of the Chula Vista Trolley Center Project
now underway here as the result of the City grant of land, as noted on the
enclosed information sheet. We are also asking for donations of money and labor
to realize the ~oal of building 12-14 units for low-income families. Details
of the CVTCP are attached for your consideration.
Our goal is the completion of the units and child care center by mid-1996. We
need to start raising money and recruiting volunteers as soon as possible, and
we believe the value to the community of the housing and center, and the resultant
community spirit of such an endeavor is immeasurable.
We hope the Mayor and Council will grant us permission to inform the voters of
The Council's endorsement. Thank you for your consideration.
Very respectfully,
I
Ro aId C. Dellinger
;22:;;?~~ :;;~
Barbara A. Wotth
Co-Chair Corporate Fund Raising
Copy to: TJ-SDiego HFH
CC:~7/~ WRnTEN COMMUN~A;;#S
~~~
L>~'Ø~ r ),
. Jerry D. Mayfield, Executive Director Dennis R Briscoe. President
L11U1A I1STA COltfltf1TTE."'E:
Pat Clark, Coordinator/Fundraising Chair Berlin Bosworth, Secretary Joan Pclke. ludividual Donations Chair
Barbara Worth, Corporate Co--Chair Ron Dellinger, Corporate Co- Chair I Treasurer
Rev. Patricia Andrews-Callori, Religiou. Gro~a~J Mutin Varga., Special Event. Chair
_ ---------.------...--- ....----..- . _____.....____________,,__. ..___._.__n__ ._._~- ---.-.-
CHULA VISTA TROLLEY CENTER PROJECT
HOMES AND CHILD CARE FOR LOWER INCOME FAMILIES
The City of Chula Vista has committed a 46,000 square foot parcel
of land at the new "Trolley Center" development for homes and child care
which are affordable to lower income families. The site (Palomar & Ada
Streets) is on a major transportation hub with bus lines, a t=ol~ey
station, and freeway.
Housinq .
Habitat for Humanity and South Bay Community Services propose to
jointly develop fourteen for-sale homes on the western half of the
parcel. The "duplex" style homes will have three bedrooms, one and one-
half bathrooms, and total approximately 1,200 square feet. Conservative
financial projections show that, with $75,000 in donations and $75,000
worth of volunteer and professional in-kind labor, the homes can be
developed with private financing and no City subsidy other than the land
grant. The housing will be developed as if this was a "market-rate"
project, with private construction financing, and sales to families
qualifying for a mortgage from a participating financial institution.
The basic home price, including closing costs and loan fees will be
$95,000, the price affordable to low income families earning 65% of the
San Diego County area median income. Market sales comparisons, input
from local realtors, and a preliminary appraisal donated by Household
Bank indicate'- that $95,000 is well within the comfort range for
salability of the proposed units.
The project will use Habitat's development model which has been
proven successful across America and the world - recruiting volunteers,
in- kind labor, and material donations, and having future residents
perform at least 500 hours of labor (painting, landscaping, and other
tasks) toward the project's development. Habi~at and SBCS will hold
"silent second" mortgages to ensure long-term affordability to future
lower income purchasers.
The subsidy pool will grow as more donations and in-kind and
volunteer labor are accessed. Both SBCS and Habitat would like to have
all the units sold at $68,000, or less, the price affordable to very low
income families. A group of volunteers is now working to raise
donations, recruit volunteer and in-kind labor, and access fee waivers
and additional subsidies. Every additional $27,000 of value brought
into the project will enable one more unit to be sold to a very low,
rather than low, income family.
Child Care
The dema~d for child care in southwest Chula Vista greatly exceeds
the supply, especially when compared to other areas in Southern
California. Due to economic, social, and structural forces, only 1,300
. youth in this lower income neighborhood are in care, leaving over 14,000
children under the age of thirteen without child care.
The goal is to develop a center for 112 children with a mixture of
Head Start, infant care, an? care for six to twelve year olds. The
.lttached financial project~ons illustrate that this project could
support a private loan of $564,000, leaving a funding gap of $52,000.
However, because there is currently no Head Start expansion funding, the
5b .;2.
- ...- -- .-
ability to secure Head Start is uncertain.·'
A second option is to provide care to the three age groups in a
traditional child care model, without Head Start. Preliminary financial
projections show that this model could support a private loan of
$411,000, leaving a funding gap of $204,000.
Potential providers include Episcopal Community Services and Child
Development Associates, both of whom currently offer affordable child
care in other Chula Vista neighborhoods.
In addition to housing bilingual and bicultural child care, the
facility will serve as a "children's conununity center" with homework
assistance, tutoring, literacy training, counseling services, gang
prevention and intervention services, alcohol, drug, and AIDS education,
KIDZBIZ classes, and parenting classes. Using the model of SBCS' Better
Options After, School Today (BOAST) child care program, parent
involvement and volunteering will be a critical part of the child care
proaram.
I'
I'
.n"3 /~b-4-
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February 28, 1995
TO: Honorable Mayor and Council
FROM: Armando Buelna, Assistant to the Mayor and Council
SUBJECT: Habitat for Humanity Item 5b (FYI)
Habitat for Humanity will be at the Council meeting tonight asking that the Council consider a
generalized statement of support for their work in the community.
Their letter (which is included in your backup material as Item 5b) asks that the Council endorse
their project at the Chula Vista Trolley Center. Staff's recommendation is that the Council wait
to make a decision concerning endorsement of the proposal ITom Habitat for Humanity until
negotiations are further along and a development agreement has been negotiated. Staff is meeting
with South Bay Community Services and Habitat for Humanity on Thursday. Habitat
understands the reason for the delay. In place of their original request, they hope the Council
would consider making a more generalized statement of support so that they can use it in their
fund-raising efforts locally.
ab
5J-5
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COUNCIL AGENDA STATEMENT
Item ¿.
Meeting Date 2/28/95
ITEM TITLE: Ordinance tl.~.), 7 amending Section 10.52.070 of the Chula Vista
Municipal Code relating to Police removal of vehicles parked on
sidewalks
SUBMITTED BY: ChiO' of Police r
REVIEWED BY: City Manager & ~ ~ (4/5ths Vote: Yes_NoÅ)
k,J The Police Department has been experiencing a problem recently with the chronic refusal of
certain businesses to obey the prohibition against parking cars on sidewalks, in violation of
Chula Vista Municipal Code section 10.52.070 (A)(2). In order to enforce the law by
removing the vehicle, it is necessary for the Council to explicitly authorize same by resolution
or ordinance. Upon approval of the proposed ordinance, the Police Department would have the
authority to tow/remove vehicles parked on the sidewalk in violation of the Municipal Code.
The Chamber of Commerce, Broadway Business Association, Engineering Department, Police
Department and Safety Commission have reviewed the item and are in favor of staff's
recommendation.
RECOMMENDATION: That the City Council concur with the Police Department's
recommendation and place the attached ordinance on the first
reading.
BOARDS/COMMISSIONS RECOMMENDATION: At the July 14,1994 meeting the Safety
Commission voted 6-0 to concur with the Police Department's recommendation to the City
Council to place the attached ordinance on the first reading.
DISCUSSION:
The Police Department and Traffic Engineering staff has been working with businesses in the
200 block of Broadway for the past few years in an attempt to discourage illegal parking on
the sidewalk to ensure safe parking in the area. Staff in an attempt to be sensitive to the needs
of businesses has worked with all businesses in the area. Public awareness of the violations has
not accomplished the desired results. The proposed ordinance, which would allow for towing
illegally parked vehicles, has been reviewed by the Chula Vista Safety Commission, Police
Department and Traffic Engineering.
An illustration of the necessity for the ordinance is as follows: Although this type of illegal
parking does occur in a few residential areas, it is more critical in commercial areas. This
ordinance would be of particular benefit to the public frequenting Broadway, north of "F"
Street, (200 block of Broadway) where violations by some businesses of such an ordinance
have been observed on a frequent basis. These businesses permit customers to drive and park
¿'/
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Page 2 , Item---'---
Meeting Date 2/28/95
on the sidewalks and driveways within the parkway fronting the businesses, which forces
pedestrians to walk in the street around the parked cars. One officer who has been trying,
without success, to persuade the business owners to prevent parking on sidewalks in front of
their businesses, states that there are 20 violators per shift, on the 2:00 P.M. to midnight shift
alone. Since the businesses are only open for about 5 hours during that shift, the problem may
be even more severe than this anecdotal evidence suggests.
It should be noted that legal parking is available in the 500 block of Davidson Street which
would permit customers to legally park without hazard to pedestrians. Staff has also
investigated the 200 block of Broadway and has added several on-street parking spaces along
the west curb line.
In order to discourage parking or driving on sidewalks anywhere in the City, the Police
Department would like towing authority. Chula Vista Municipal Code Section 10.52.070
prohibits, among other offenses, parking on a sidewalk but does not provide for towing.
Section 10.52.070 similarly prohibits parking within crosswalks and intersections, along
railroad tracks, etc. Towing authority must be explicitly provided for by the Council. More
specifically, California Vehicle Code Section 22651(n) provides that a peace officer may
remove a vehicle when "...any vehicle is parked or left standing where local authorities, by
resolution or ordinance, have prohibited parking and have authorized the removal of vehicles.
No vehicle may be removed unless signs are posted giving notice of the removal." Staff has
attached a prototype sign for your review.
It should be emphasized that it is the policy of the Police Department to continue to attempt
to gain voluntary compliance and to only tow as a last resort. It is hoped that the posting of
the sign will in itself result in the compliance that the Police Department has been unable to
achieve with mere ticketing.
In addition, the proposed ordinance requires the police officer to warn prior to towing (but not
to ticketing) if reasonable and practical to do so in the officer's judgment.
In one notable incident, on Friday, September 16, 1994 at 11:32 a.m., vehicles were parking
on the sidewalk when a water delivery truck driver also parked on the sidewalk. When the
water delivery truck was backing up to leave, it hit and knocked down a concrete street light
standard. The street light standard fell towards the roadway and caused several thousand dollars
damage to a Toyota pick up truck legally parked along the east curb line of Broadway. Similar
accidents could continue to happen and may involve pedestrians or the motoring public. The
cost to replace the damaged street light is $2025.80. As of February 8, 1995 the City has not
yet been reimbursed for the cost of replacing the street light.
We therefore ask Council to enact the attached ordinance which amends section 10.52.070 to
provide that vehicles parked in violation of its sections may be removed if a sign is posted
giving notice of removal; the amendment further authorizes the City Engineer to post signs
giving notice of removal where necessary. Signs shall be at least 15" x 24" in size with black
lettering on white reflective background and shall be posted at least one sign per city block.
¿-.2..
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Page 3 , Item ¿,
Meeting Date 2/28/95
Staff will install the 18" X 24" sign on the existing street light standards. Two signs are
required on the east side of Broadway between Davidson Street and F Street.
Chula Vista Police Department and Traffic Engineering staff attended two Broadway Business
Association (BBA) meetings. On October 6, 1994 staff presented the issue, provided for a
question and answer session and were asked to return the following week so that members of
the BBA could have an opportunity to investigate the request.
On October 13, 1994 the BBA chairperson, Ms. JoAnne Clayton, informed staff that the BBA
supported the recommendation and would be forwarding a letter to that effect to the City (see
attachment). All area businesses have been notified of tonight's City Council meeting.
Rod Davis, Executive Director of the Chula Vista Chamber of Commerce, supports staffs
recommendation and has been notified of tonight's City Council meeting.
FISCAL IMPACT: $50.00 per sign (two required). The cost of the signs and pavement
markings are estimated at $200.00 including full cost recovery, and are budgeted as part of the
Operations Divisions of Public Works.
Attachments: Area Plat
c.v. Municipal Code 10.52.070
California Vehicle Code 22651(n)
Letter from Broadway Business Association
Proposed ~ew Signs
Safety Commission Minutes, dated 7/14/94
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í ORDINANCE NO. .;. 6 ,;., 7
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 10.52.070 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO POLICE REMOVAL OF
VEHICLES
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That section 10.52.070 of the Chula vista
Municipal Code is hereby amended to read as follows:
Sec. 10.52.070 No parking areas - Designated.
A. No operator of any vehicle shall stop, stand, park
or leave standing such vehicle in any of the
following places, except when necessary to avoid
conflict with other traffic or in compliance with
the directions of a police officer or other
authorized officer, traffic sign or signal:
1. In any area established by the City Council as
a no parking area where such area is indicated
by official signs or red paint on the curb;
2. On a sidewalk;
3. within an intersection;
4. within a crosswalk;
5,- Alongside or opposite any street excavation or
obstruction when such standing,' stopping or
parking would obstruct traffic;
6. On the roadway side of any vehicle stopped or
parked at the edge or curb of the street;
7. upon any bridge or other elevated structure
upon a highway or within a highway tunnel;
8. Upon, along or across any railroad track in
such manner as to hinder, delay or obstruct the
movement of any car traveling upon such track;
9. Within any divisional island unless authorized
and clearly indicated with appropriate signs
and markings;
1
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10. In front of a public or private driveway or
within eight feet of the end of the curb radius
leading thereto;
11. Within twenty feet of a crosswalk at an
intersection;
12.' within twenty feet of the end of the curb radii
at intersection;
13. Within thirty feet of the approach to any
flashing signal, stop sign or traffic control
signal located at the side of the roadway;
14. Within any of those places delineated by
Section 22500 of the Vehicle Code.
B. No person shall move a vehicle not lawfully under
his control into any such prohibited area or away
from a curb such a distance as is unlawful.
c. For the purpose of minimizing traffic hazards and
traffic congestion, the city Engineer is authorized
to establish no parking or stopping zones. The
length of these zones is not to exceed two hundred
feet.
D. :~; V~h~Cl: ~;[:ed in violation of anv of the
_eao_n e ~s maY be towed or otherwise
;;moved ;t the owner's excense if a sian is Dosted
~~v~~~.~~~i~~ of the removal.. The city Enaineer is
t 1 t~ Dost sians aiv1na notice of removal
where necessary.
1.:- Enforcement Policv. When in the ;udaement of the
~~af:~c ~~;ic:,r it is reasonable and Dractical to
_ __. wner.. driver.. or other resDonsible
~a~~~ :~;ll be reauested to move the car Drior to
e ;;d. but not Drior to beina ticketed.
SECTION II: This ordinance shall take effect
in full force on the thirtieth day fr~m and after its ado
Presented by
Richard P. Emerson Bruce M. Boogaar
Chief of police City Attorney
2
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Dr.wn ey: DM'" Title: ARE A P L A T
Date: 1/1 f "" ¿, - 7
----,~
ATTACHMENT J
10.52.050 No stopping ZOnes and no parl¡ing areas-Authorizèd.
The dry engineer is hereby authorized to maintain, by appropriate signs or by paint upon the curb
surface, all no stopping zones, no parking areas, and restricted parking areas, as defIned and described in
this chapter. (Ord. 973 §1 (part), 1966; prior code §19.10.3(A)).
10.52.060 No stopping zones and no parlcing areas-Driver obedimce required.
When said curb markings or signs are in place, no operator of any vehicle shall stop, stand or park
such vehicle adjacent to any such legible curb marking or sign in violation of any of the ¡.orovisions of this
chapter. COrd. 973 §1 (Part), 1966; prior code §19.10.3(B)).
10.52.070 No parl¡ing areas-Designated.
A No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the
following places, except when necessary to avoid conflict with other traffic or in compliance with the
directions of a police officer or other authorized officer, traffic sign or signal:
0
1. In any area established by the dry council as a no parking area where such area is indicated by
offidal signs or red paint on the curb;
2. On a sidewalk;
3. Within an intersection;
4. Within a crosswalk;
5. AJongside or opposite any street excavation or obstruction when such standing, stopping or
parking would obstruct traffic;
6. On the roadway side of any vehicle stopped or parked at the edge or curb of the street;
7. Upon any bridge or other elevated Structure upon a highway or within a highway tunnel;
8. Upon, along or across any railroad track in such manner as to hinder, delay or obstruct the
movement of any car traveling upon such track;
9. Within any divisional island unless authorized and clearly indicated with appropriate signs and
markings;
10. In front of a public or private driveway or within eight feet of the end of the curb radius leading
thereto;
11. Within twmry feet of a crosswalk at an intersection;
12. Within twenry feet of the end of the curb radii at intersection;
13. Within thitTy feet of the approach to any flashing signal, stop sign or traffic control signal located
at the side of the roadway;
14. Within any of those places delineated by Section 22500 of the Vehicle Code.
669 ~ _ g'" (R 11/91)
_0__..__.-.'.--- .--._------- - -- --------
.-----..----.
B. No person shall move a vehicle not lawfully under his control into any such prohibited area or away
from a curb such a distance as is unlawful.
C. For the purpose of minimizing traffic hazards and traffic congestion, the city engineer is authorized
to establish no parking or stopping zones. The length of theS'e zones is not to exceed two hundred
feet.
(Ord. 973 §1 (part), 1966; prior code §19.10.4).
10.52.080 No parlcing areas-Near fire hydrants or fire stations.
It is unlawful for any person to park a vehicle within fifteen feet of any fire hydrant or entrance to a
fire station within the city. (Prior code §14.11).
10.52.090 Commercial vehicles-Parking in residential districts prohibited when.
No person shall park any vehicle whose primary use is for commercial purþoses having a
manufacturers gross vehicle weight rating of twelve thousand pounds or more for more than five hours in
any residential district (which includes parking on private property) except:
A While loading or unloading property, which requires time in addition to such five hour period to
complete such work; or
B. When such vehicle is parked in connection with, and in aid of, the performance of a service to or on
property in the block in which such vehicle is parked and time in addition to such five hour period
is reasonably necessary to complete such service.
For the purposes of this section, certain terms shall be defined as follows:
A Commercial vehicles shall mean single vehicles whose primary use is for commercial purposes and
having more than two axles or combination of vehicles having more than two axles; a single vehicle
or combination of vehicles (twenty) (20) feet or more in length; or a single vehicle or combination
of vehicles six (6) feet, eight (8) inches or more in width, and shall include, but shall not be limited
to, dump trucks, moving vans, tractors, pole, or pipe dollies. No camper body which has been
detached from the motor vehicle shall be left standing on a ciry street at any time.
B. Residential district shall mean any block in which over fifth percent of the ground level buildings
fronting on said block are dwellings. Said dwelling may be single-unit structures or multi-unit
structures.
(Ord. 2190 §1, 1987; Ord. 2176 §2, 1986; Ord. 2024 §1 (part), 1983; Ord. 973 §1 (part), 1966; prior code
§19.1O.5).
10.52.100 Storage of vehicles on streets prohibited-Time limit.
No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon
any street or alley for more than a consecutive period of sevenry-two hours. Vehicles parked in violation of
this section may be removed and impounded as authorized by Section 10.80.120. (Ord. 2033 § I, 1983; Ord.
973 §I (part), 1966; prior code §19.10.6).
(R 11/91) 670 (p#9
.
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.---.--- ,.-.-
ATTACHMENTG
I
..
Div.ll -623- 122651
(c) A local authority may post appropriate IEignø at the entrance to
úrt.eroect;;ona indicating the prohibition in wbdivïmona (a) and (b).
(d) A violaâon of thiI oection ÌI a parking 'Violation and ÌI DOt a 'Violation
ú a law relating to the we operation of whicles.
(e) This oection ohall be known and maybe cited as the Ant;.{mdJockArt
of 1987.
_ MIdod Ch. '119, -'1187. _..Ja=ory 1, 11188. .
CHAPn:a 10. RaiOVAL OF p.AJUŒD AND A.a.umoNI:D VEHICLES
Article 1. Authority to Remove Vehicles
ProhIbition of Removel
22650. ItiA unlawful fOT any peaoe omoor or any unauthorized penon to
remo"" any unattended VèhicJe from a highway to a P""i" or to any other
place, ucept as pro'Vided in thiI code.
(a) ThO&e law enforcement and other agencies identified in thiI chapter
as having the authority to remove vehicle. ohall also have the authority to ~
pro'Videhearings in compliance w;th the proviliona of Section 22852. During
these hearings the Itoring agency ohall ha"" the burden of e.tohH.hing the
authority for, and the validity of, the removal.
(b) Nothing in this oection ohall be deemed to prevent a re'View or other
action as may be permitted by the laws of thillrtate by a Court of competent
juri5diction.
Amoodod Ch. lo:z:¡, Stat&. 19711. -.. Ja=v¡ 1, UBO.
CfrcumstlJnces Permitting Removel
22651. Any peace officer, as defined in Chapter 4.5 (commencing w;th
Section 830) of Title 3 of Part 2 of the Penal Code; or any re¡ularly employed
and oaJaried employee, ,.ho ÌI engaged in clliecting traffic or enforcing
parking law. and regulaâons, of a city or a county in which a whicJe is
located, may remo"" a vehicle located w;thin the territorial Jimita in ,.hich
the officer or employee may act, under any of the following circu1natanœs:
(a) When any Yehicle iA left unattended upon any bridge, viaduct, or
cauøeway orinanytuhe 01' tmme1 ,.herethe vehicle constitutMan obstrod:ion
to traffic.
(b) When any whicle iA parked or left mnding upon a highway in a
pomtion 00 as to obBtn1<:t the normal moven>ent of traffic or in a condiâon so
as to create a hazard to other traffic "pon the highway.
(c) When any Vèhicle is found upon a highway or any public Janda and a
:report bas pre'Vioualy been made that the Vèhicle bas been .tolen or a
comp1amt bas been filed and a wanant thereon iuued ~ that the
Yehicle bas been - ¡,.~ led.
(d) When any Vèhicle is i11eplly parked 00 .. to h\ock the entz-aDœ to a
private dri....way and it ÌI impracticaJ to move the fthicle from in ftont of
the dri....way to &DOtbel' point on the hi¡hway. .
(e) When any Yehicle ia i\Je¡aJ.1y parked 00 .. to prnent ....... by
~ting equipment to a me hydrant and it ia impracticable to move the
Yehicle from in front of the me hydrant to &DØt.her point on the highway.
(f) 'When any fthic:1e~ acept any b.i¡hway ftt.;ntøn.nl'IA or oo.natnJction
equipment, ia atopped, parked, or left ".niHng for more than four hours
upon the ri¡ht-<>f.way of any tr-way which baa full a>ntroI at...... and no
CZ'OUÛ1p at BT&de and the driTar, jf~ canDOt........ tþe whicle UDder
ita own power.
. (¡) When the po;,...". or pencmI in' charIe at a whicle Upon a hichway or
any public Janda are, by rauon of physicaJ injuries or íllneu, incapecit.ftN!
to an a:t.ent 10 as to be anable to provide for iù.cuat.od;y or remova1.
¿, riP
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ATTACHMENT7Jf)Us~ness ~oluUons,
'-Ú'~ervlce and ~upporl
s s
E U
:: p P.O. Box 120581
v p
I c Chula Visla, Cfl 91912
c: ::
E T Telephone: (619) 585-0711
800 M!lŒ-DO&
LAYTON facsimile: (619) 477-2242
31 January 1995
Officer Frank Rivera and
Officer Steve Fobes "
Chula Vista Police Department
276 Fourth Avenue
Chula Vista, CA 91910
Dear Officer Rivera and Fobes,
I am writing today on behalf of the Broadway Business Association. Following our
conversations and your visit to the Association meeting, we would encourage your
enforcement of NO PARKING on the sidewalk of the 200 block of Broadway.
Association members have observed that the parking on the sidewalk, especially on the
east side, of the 200 block of Broadway, appears to create a safety hazard to pedestrians
and even the vehicles driving up onto and down from the sidewalk. It is our
understanding that parking will continue to be permitted at the curb.
Parking can be problematic for all businesses; however, public safety cannot be
jeopardized, I would appreciate your input to those business owners affected how
best to utilize their existing legal parking.
Sincerely r: (!j, ,- .J
" ,',. tJ., 0" ()';;-' n'--../
. r"~"" ./¡L. I..-'<....~ .....J_.
Joannè Clayton
President
Broadway Business Association
¿ -/;¿
-.._---- --.~_...._._-+-_._---
"--.--...-..-.... ... -
ATTACHMENT
1S"
t PARKING
ANY TIME ,
24"
ON
SIDEWALK
C.V. MUNI CODE 10.52.070
PHONE: 691-5151
DRAWN BY: DRAWING TITlE:
D.M.Wolfe
DRAWN ON: PROPOSED NEW SIGNS
1/23/1995
? '1:1
---
- - - .. ..."^-,_.~-,...__.~._---
-.-.--
Safety Commission Minutes ATTACHMENT F
I dy 14, 1994
age 4
M5UC (Thomas/Pitts) that the area residents submit a petition to staff expressing a desire to establish time-
limited parking within the affected streets.
8. REPORT on Ordinance - Amending Section 10.52.070 of the Chula Vista Municipal Code Relating
to Police Removal of Vehicles parked on Sidewalks
Sgt. d'Ablaing said there was a problem with vehicles parked on sidewalks. Specifically, in the 200 block of
Broadway there were two business which catered to automobile repair/parts. The businesses required patrons
to leave their vehicles and vehicles were parked in driveways which blocked pedestrian access. The Police
Department received many complaints from pedestrians who indicated they either needed to waik out into
the street or around the vehicies. Officers had made contacts with the businesses who indicated a desire to
cooperate, but said they didn't have total control. Many of the offenders being cited were not aware they had
received a citation. I! was the Police Department's experience that the business employees remove~ the
citation from the windshield and not replaced it prior to the vehicie being picked up by its owner. The
citation turned delinquent and was submitted to the Department of Motor Vehicles and the owner was not
aware of the citation until they attempted to register the vehicle the following year. Before renewal of vehicle
registration, the owner must have cleared all parking violations. When the owners came to the Police
Department to investigate the citations, they realized the citations were received while at the businesses. The
owners ended up paying inflated parking citation that could have been paid for by the businesses. One
business had tried to cooperate by placing temporary "no parking signs." Staff requested the area be posted
i 10 parking" on the sidewalk area and they be given the authority to remove any vehicle in violation. If
citations were issued, motorists would not move their vehicles since they felt the officer would not give them
another ticket.
Chair Thomas asked what the businesses were.
5gt. d'Ablaing said they were Pacific Auto and AAMCO which catered to vehicles. The owners indicated the
locations were poor choices for the types of businesses. There was limited parking and customers wanted to
park as close to the businesses as possible. About 6' of the sidewalk next the buildings was private property
where the owners parked. It gave a false sense of security to patrons who then felt they could park on the
sidewalk.
Chair Thomas if the businesses required the vehicies to be moved during the day or if the vehicles remained
in one place. If the vehicles were to be moved, did the businesses know they were parking cars illegally.
Sgt. d'Ablaing said the business employees were aware of the situation. The Police Department contacted the
managers, but the employees had informed the Police Department that they were never told about parking
the vehicles. The Police Department re-contacted the managers to ask them for on-going training of their
employees. He contacted the headquarters for AAMCO and informed them of the situation. The corporate
office instructed the local manager to comply with the Police Department and the problems dropped signifi-
cantly. However, the Police Department did not have the same option with the other independent business
owner.
Frank Rivera said staff had looked at adding parking wherever they could. Since Broadway was a two hour
time limited parking, the employees did not want to be constantly moving cars and it was easier to park on
'he sidewalk and not worry about the two hour parking limit. East Park lane, which ran behind the
.Jusinesses, was a public street and filled with vehicies.
¿·I'I UNOFFICIAL MINUTES
"""___.__._._.u -
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Safety Commission Minutes
July 14, 1994
Page 5
Commissioner Smith asked who was responsible for parking the car, was it the owner of the business or the
owner of the vehicle.
Sgt. d'Ablaing said it was a combination of both. He did not see the Police Department impounding many
vehicles. When a motorist viewed their vehicle about to be impounded, they claimed the vehicle and
received a citation.
Commissioner Smith said an innocent person could park their car legally, then a mechanic could park it
illegally and the vehicle would be towed, thus penalizing the owner of the vehicle when he/she had complied
with the law. He asked if there was a way the business owner could be cited.
Sgt. d'Ablaing indicated there was no ordinance on the books that allowed the business owners to be cited,
only the vehicle.
Hal Rosenberg said the ordinance would only be enforceable with proper signage. The primary interest was
safety of pedestrians. The ordinance would be universal and would be used throughout the City. Currently,
the Police Department did not have the authority to impound vehicles.
5gt. d'Ablaing said it was his experience that if a vehicle owner received a citation while the vehicle was at
the auto shop, the shop had paid the citation.
Commissioner Smith said if the business owners were cited, the problem would stop.
M5UC (Thomas/Pitts) that the Safety Commissioner concur with the Police Department's recommendation
to the City Council to place the attached ordinance on the first reading.
9. Oral Communications - None
STAFF REPORTS
10. Engineering CIP Proiect Schedule - Distributed for Commissioner information.
11. Chula Vista Police Deoartment Traffic SummarY for Aoril 1994 - Distributed for Commissioner
Information.
OTHER BUSINESS
12. Annual Reoort to Citv Council for FY 93-94 - Distributed for Commissioner information.
13. Annual Attendance Reoort FY 93-94 - Distribution for Commissioner information.
/, -If UNOFFICIAL MINUTES
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COUNCIL AGENDA STATEMENT
Item-L
Meeting Date 2/28/95
ITEM TITLE: a) Ordinance ~ t,;,ý enacting the City of Chula Vista
Assessment District Procedural Ordinance
b) Resolution 17~/v Making findings on the petition for the
Assessment District No. 94-1 (Eastlake Greens II)
c) Resolution 178"1 ? adopting a map showing the amended
boundaries of Assessment District No. 94-1 (Eastlak:e Greens II)
d) Resolution 1'l?'IY Declaring the intention to order the
installation of certain improvements in a proposed assessment district;
declaring the work to be of more than local or ordinary benefit;
describing the district to be assessed to pay the cost and expenses
thereof; and providing for the issuance of bonds for Assessment
District No. 94-1 (Eastlak:e Greens II)
e) Resolution I '}g"/ 9 Passing on the "report" of the Engi-
neer, giving preliminary approval, and setting a time and place for the
public hearings for Assessment District No. 94-1 (Eastlake Greens II)
for April 4, 1995 at 4:00 p.m. and April 18, 1995 at 6:00 p.m.
SUBMITTED BY: Director of Public Works¡! !}If/"
REVIEWED BY: City Manager Grr (4/5ths Vote: Yes_No X )
On April 12, 1994 Council adopted the proposed Resolution of Intention, adopted the boundary map,
and requested consent and jurisdiction from the County to order the acquisition and financing of the
public improvements for Assessment District No. 94-1. On May 5, 1994 Council approved the
Acquisition/Financing agreement for this district. On June 7, 1994, the County of San Diego gave
the City of Chula Vista consent and jurisdiction to construct improvements and levy assessments on
properties located within County jurisdiction. Tonight's actions will continue the formal proceedings
leading to the establishment of Assessment District No. 94-1.
The proposed ordinance will enable the City to adopt future modifications to the state assessment
laws where such modifications are required by the public interest and necessity. The ordinance will
also amend the provisions of the 1915 Act (the bond law pursuant to which most of the assessment
district bonds are issued) to be applied to district proceedings undertaken by the City. This
amendment will permit the Engineer's Report to set forth the method by which the annual assessment
installments will be apportioned among properties within the district. This report is approved by
Council as part of the district proceedings.
RECOMMENDATION: That Council: 1) place the ordinance on first reading; 2) accept the
petition; 3) adopt the resolution of intention; 4) Adopt the amended boundary map; 5) approve the
preliminary engineer's report; and 6) direct the City Clerk to notice the public hearings for
Assessment District No 94-1 (Eastlak:e Greens II) for April 4, 1995 at 4:00 p.m. and April 18, 1995
at 6:00 p.m.
7-1
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Page 2, Item 7
Meeting Date 2/28/95
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Municipal Improvement Act of 1913 is a financing mechanism which allows the financing of
public infrastructure improvements through assessment districts bonds with payments collected from
the property owners with their property taxes. There is no direct cost to the City. This is an
acquisition district wherein the developer is constructing the public improvements and the City will
acquire them upon completion with funds derived from the sale of bonds. City policy establishes that
only "backbone" facilities, providing benefit to the entire property within the district, are eligible for
assessment district financing. The developer is responsible for financing the construction of local
subdivision improvements.
Eastlake Development Company is in the process of developing the southern half of Eastlake Greens,
(Greens II) which is currently vacant. The current property owners (Eastlake Development 8) have
petitioned the City pursuant to the Municipal Improvement Act of 1913 (see Attachment A), to use
assessment district financing to construct backbone public facilities such as storm drain, sewer,
water, reclaimed water, utilities, landscaping, grading and street surface improvements serving the
whole Eastlake Greens II. Staff has reviewed the petition and has determined that it meets the
requirements of the State of California Streets and Highways Code and recommends approval by
Council. Eastlake intents to construct the improvements in three phases to track with the development
phasing (see Exhibit A).
Area of Benefit
On April 12, 1994 Council approved the boundary map for AD 94-1. Since then, several subdivision
and parcel maps have been approved. The boundary map needs to be amended to reflect these
changes and to include a portion of the future Eastlake Trails. This property has been included in
order to enable Eastlake to fully finance the Transportation Development Impact Fee facilities to be
acquired by Assessment District No 94-1 (AD 94-1). The amended boundary map has been reviewed
by staff and found it acceptable and ready for Council approval.
The proposed boundary of AD 94-1 includes the parcels located in the south part of the Eastlake
Greens development, the golf course, the south portion of the future Eastlake Trails and the area
known as the "Land Swap Area" presently within the County located between Eastlake Greens and
East Orange Avenue and the area west of Eastlake development (see Exhibit B).
Recently, the Council approved an amendment to the EastLake I General Development Plan (GDP)
and an amendment to the Eastlake Greens SPA Plan and Tentative Map. In accordance with these
approvals, Eastlake Greens II will contain a total of 1,531 dwelling units consisting of two different
product types: 949 Single Family Detached and 582 Single Family Attached residences.
Imorovements
In accordance with City Policy, only backbone improvements providing full service to the Greens
II are proposed in AD 94-1. The developer will finance the construction of the additional facilities
required to serve each specific subdivision.
The public improvements proposed to be financed through this acquisition proceeding include:
?,,;..
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Page 3, Item-L
Meeting Date 2/28/95
1. South Greensview Drive from Clubhouse Drive to Hunte Parkway
South Greensview Drive is a residential collector street providing the main access to all the
properties within the Greens II. The public improvements include: grading, pavement and
base, curb, gutter, sidewalk, street lights, landscaping, and underground facilities for water,
reclaimed water, domestic water, sewer, storm drains, telephone and gas.
2. Hunte Parkway from Clubhouse Drive to East Orange Avenue
Hunte Parkway is a four-lane major street which is included in the Transportation
Development Impact Fee (TDIF) program. The improvements to be funded through AD 94-1
are: grading, pavement and base, curb, gutter, sidewalk, median, street lighting, landscaping,
and storm drain improvements.
3. East Orange Avenue from Hunte Parkway to the SDG&E Easement
East Orange Avenue is a six-lane prime arterial which is also a component of the TDIF
program. The improvements to be financed by AD 94-1 are grading and drainage facilities.
ProDosed Assessments
The estimated total amount to be assessed to the land in the district is $7,933,483 (see Attachment
B) of which $5,915,064 is for grading and improvements, $937,357 for incidental costs (design, plan
check, City staff and consultants' cost) and $1,190,022 correspond to bond issuance cost (reserve,
underwriter discount, and capitalized interest).
The properties in the Greens II have assessments placed by the existing Assessment Districts No. 90-
3 and 91-1. Assessment District No. 90-3 funded the construction of major infrastructure serving
the whole Eastlake Development (Greens, Trails, Woods, Vistas, Business Center II and OTC).
Assessment District No. 91-1 levied only TDIF assessments on the Eastlake Greens South properties.
Assessment District 94-1 would finance the construction of backbone facilities providing full service
to the Greens II area and the improvement of a portion Hunte Parkway and East Orange Avenue
(TDIF facilities).
The Transportation Development Impact Fee (TDIF) program was established by Council to finance
the construction of major transportation facilities serving the Eastern Territories. All properties
located in the Eastern Area shall pay a fee prior to building permit approval. Most of the Greens II
(1,281.6 EDUs) have already paid the TDIF through the existing AD 91-1 at the rate of
$3,060/EDU. Only those parcels (130.6 EDUS) located in the land swap area will be paying the
current fee of $3,998/EDU through AD 94-1. The TDIF eligible cost of $1,995,422 is apportioned
using the current fee of $3,998 per Equivalent Dwelling Unit (EDU) which gives a total of 499.1
EDUs for AD 94-1. The TDIF is proposed to be assessed against properties in the Greens II (130.6
EDUs), Parcel R-26 (74.4 EDUs) and the Trails (294.1 EDUs).
The following table summarizes the existing and proposed districts:
7-'1
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Page 4, Item 7
Meeting Date 2/28/95
Assessment Improvements Area of
District Funded Benefit
90-3 Backbone Infrastructure Entire Eastlake Development
91-1 TDIF Improvements Greens 11(1,281.6 EDUs) and Parcel
, R-26 (89.6 EDUs)
94-1 a) Backbone Infrastructure Greens II
b) TDIF Improvements Greens 11(130.6 EDUs), Parcel R-26
(74.4 EDUs) and the Trails(294.1
EDUs)
The typical residential assessments for the 1,281.6 EDUs in the Greens II which have the TDIF have
the TDIF paid by AD 91-1 are as follows:
AD 90-3 AD 91-1 AD 94-1 TOTAL
No - TDIF TDIF Non-TDIF TDIF
Single Family Detached $1,977 $3,656 $3,847 $0 $9,480
Single Family Attached $1,754 $2,925 $2,905 $0 $7,584
The typical assessments for the 130.6 EDUs (in the land swap area) with the TDIF paid through AD
94-1 are :
AD 90-3 AD 91-1 AD 94-1 TOTAL
Non-TDIF TDIF
Single Family Detached $0 $0 $5,824 $4,833 $10,657
Single Family Attached $0 $0 $4,659 $3,866 $8,525
The following procedure will be followed in order to ensure that all property meet the criteria set
forth by Council:
Lien Ratio: Based on preliminary appraisal information, it was determined that most of
the property comply with the 3: 1 (land value to lien) ratio. A final appraisal will be made prior to
any bond sale. If this appraisal comes in lower than expected or assessment increase, the developer
would be required to either provide cash or letters of credit to maintain the lien ratio within the City
criteria.
Maximum Tax: The combination of regular County taxes, Mello-Roos school taxes, and
assessment installments shall not exceed the City maximum of 2 % of the market value. If this is
exceeded during project development, the developer would be required to provide cash to either
reduce the assessment or the special tax obligation.
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Page 5, Item-L
Meeting Date 2/28/95
As mentioned before, a final appraisal will be made prior to the issuance of any bonds. The results
of this appraisal, number and amount of the bond issues, and the lien ratio and maximum tax analysis
will be submitted to Council approval prior to any bond sale.
A copy of the Financial Feasibility study is presented as Attachment C.
City of Chula Vista Assessment District Ordinance
The proposed project will be built in three phases. Bonds will be issued pursuant to the 1915 Bond
Act and will either be sold for each phase or else a single bond issue will be sold and the interest
on unspent bond proceeds used to meet a portion of the debt service on the bonds.
In either case, under the traditional assessment apportioning methodology stipulated by the 1915
Bond Act, the annual amount to be paid by each residential parcel (developed or undeveloped) should
be the same. In projects contemplating phased construction, such as the Greens II, this annual
assessment would be subject to an increase as additional bonds are sold or bond funds expended.
Such increase will be counter to current City Policy to have property owners pay the final assessment
amount when they purchase the house. Council did not want to mislead home buyers in earlier
phases by having low assessments in the beginning and then increase it in later years. Further,
property relying on future project construction (phases II and III) would be subject to the same
financial impact as property which can be immediately developed (phase I), which would not be
equitable.
In order to overcome these objections, a new methodology of apportioning the annual installments
is proposed in page 31 "Annual Apportionment of Assessment Installments" of the Engineer's Report
(Attachment D). This methodology would allow the collection of "full" assessments from
"developed" properties and "partial" assessments from those "undeveloped" parcels in pro rata
amounts as necessary to pay the debt service on the outstanding improvement bonds then issued by
the City. A "developed" parcel is one for which a building permit has been issued or which was
created by a final subdivision or parcel map.
This new procedure provides a fair and equitable approach for apportioning the annual installments
in those projects contemplating a phased development, such as the AD 94-1 (Greens II). If the
project were constructed in one phase, all the properties would pay full assessments beginning the
first year. The methodology will provide for the collection of annual installments during buildout of
the assessment district in amounts that more accurately reflect the benefit being received by the
assessed parcels. Those parcels which are developed and will use the public improvements sooner
than the undeveloped parcels will also pay their maximum annual installment earlier in time than the
undeveloped parcels. The parcels developing later in the project will start paying partial assessments
and will over time pay their corresponding full assessment. Attachment E presents an example of the
cash flow of the annual installments using the proposed methodology.
Bond Counsel (Brown, Diven & Hentschke), Financial Consultant (Kadie-Jensen, Johnson & Bodnar)
and city staff have reviewed the proposed methodology and recommend Council approval.
The proposed ordinance (see Attachment F) will enable the City to subsequently amend the
provisions of these assessments acts as the City deems necessary to meet the needs and interests of
the City. The ordinance will also amend the provisions of the 1915 Act by establishing that the
annual amount collected from each parcel shall be in accordance with the apportionment methodology
set forth in the Engineer's Report prepared pursuant to the Streets and Highways Code Section
7-5
..----..---.--- ._,,- ..---........----......--.- ..~__.,·,._._·._..'"___H_ _... .__.______,._~____.._____..._
Page 6, Item 7
Meeting Date 2/28/95
10204. Council approval of the Engineer's Report for AD 94-1 is also being considered at this
meeting.
Resolutions
The RESOLUTION MAKING FINDINGS ON THE PETITION verifies that the petition meets the
requirements of the Streets and Highways Code.
The RESOLUTION ADOPTING THE AMENDED BOUNDARY MAP constitutes the approval of
the proposed district boundary.
The RESOLUTION DECLARING INTENTION is the jurisdictional resolution under the "1913 Act"
proceedings, declaring intention to finance improvements through the issuance of bonds and declaring
that the improvements are a benefit to the properties within the district. This resolution also directs
the engineer-of-work to prepare a report on the plans, and a description of the improvements.
Further, it provides for the issuance of bonds on the project
The RESOLUTION PASSING ON "ENGINEER'S REPORT" AND SETTING PUBLIC
HEARINGS is the preliminary approval of the "Engineer's Report" as required in the previous
resolutions and sets date, time and place for the public hearings.
Future Actions
* Public hearings are herein scheduled for April 4 and 18,1995
* Confirmation of the assessments is herein scheduled for April 18, 1995
* The bond sale is planned for June 1, 1995
FISCAL IMPACT: Eastlake Development will pay all costs associated with the formation of the
district and will be reimbursed once bonds have been sold. The City will receive the benefit of full
cost recovery for staff cost (estimated at $78,000) to be funded by the district. Eastlake will also
deposit with the City an origination charge. It is anticipated that this origination charge would be
between $79,334.83 and $119,002.25 (1.0% to 1.5% of the confirmed assessment). The final amount
will be determined after Council consideration of a proposed change in the origination charge to be
collected from developers for the use of public financing. Staff had proposed last year, as a measure
to increase City revenues, that the origination charge for more complicated acquisitions be increased.
This item will be brought before Council during March, 1995. After bond sale, the origination
payment would be transferred to the general fund.
Attachment: A- Petition Exhibit: A- Eastlake Greens - Project Phasing
B- Cost Estimate B- Boundary Map
c- Financial Feasibility Study
D- Engineer's Report
E- Example of the cash flow of annual installments
WPC M:\home\engineer\agenda\report.941
Ldt\A Y -092
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-.-~_._-------_...._....__.. ----.----.------...-.-.--,---....---- ------- Om __________..___,____.__~___ ..____
/: . 22é 2& ~~~-~,
,
f.r+l-_ ,,., ~., r ,q
TO. CITY COUNCIL
CITY OF CHULA VIST~
PBTITIOR lOR SPliCIAL ABSliSSJIBIIT I'IIuwi5UIIIGS
1. w.. the und.r.igned. are the property own.r. of land within the ar.a .hown on
the map .tt.ch.d .. Exhibit "A" .nd m.d. . part of thi. document.
2. w. p.tition you to und.rt.ke .pecia1 ......ment proc_ding. for the public
improv.m.nt. d..cribed in Exhibit '!B" .ttach.d h.r.to .nd m.d. . p.rt of thie
document.
3. w. under.t.nd.
A. THAT the co.t of the improv.ment. will be charged to the land which bene-
fit. from the improv.ment., including our land;
B. THAT the co.t of engineering. legal and other incid.ntal expen... will be
included in the project CO.t,
C. THAT ..ch property own.r may pay hie ......ment .ith.r in c..h without
int.r..t or in in.tallm.nt. with int.r..t ov.r . period of y.ar..
D. THAT a preliminary ..timate of the co.t of con.truction. including
incid.ntal., contingenci.. and fin.ncing co.t.. i. .. follow..
$7.000.000.00
Ii. THAT property with .n ......ment 1i.n i. .ubj.ct to foreelo.ur. in c.... of
d.linqu.ncy and non-paym.nt.
4. w. con..nt to the form.tion of the A.....ment Di.trict .nd w.iv. .ny right. to
prot..t .gain.t the formation of .aid A.....ment Di.trict.
5. we agr.. to d.dicat. all r.quir.d right.-of-w.y or .a.ement. nee...ary for the
work. of improvem.nt. all d.dication. to be accompli.h.d before the ord.ring of
the improvement..
. ~ 7'- 7
._-,-,,_.__..__.._---~ ...._---~_._----,,----_.__._-----------,."'"._------~_..',,--
· 22é .e2é
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
3/17/94 EastLake Development Co. 643-020-23 EastLake Development Company,
900 Lane Avenue, Suite 100 a California general psrtner-
Cbula Vista. CA 91914 ship
By: Boswell Properties. Inc.,
a al rtne ~p
By:
Pres.
By:
By: The Tulago C~any.
a~eral ~~ _
-- - /.? _--4'_
(!lhlr()¡etlIA !UGHT TllUMlrtUHT OI'l1ONAl
State of } I
, County of .511# ])I£~ð I
!
On tflllf¿tH 17, 1t:¡t:¡1 before me, PEA/I.!','; ¡If, 6Aflr~ A/pm¡!!j I'I/&./C IS
, ~
COATEI (NAME. TITLE OFOFFtCEA·1 .. "..lANE DOE. NOTMYPUBUC"¡
personellYappeared I'Atl.L iI. IfItEfé, ,f/JFVP T L 6AN~S CAPACITY CLAIMED BY SIGNER(S)
, IHAMEtS) OF SIONEPI(S)) o INDIVIDUAL(S)
o CORPORATE
OFFICER{S) ;
o PARTNER(S) TITLE IS}) ,
,
.~ personally known to me -OR- o ATTORNEY IN FACT
to be the person s whose name s is r sub- o TRUSTEE{S)
scribed to the within ~ment and acknow edged o GUARDIAN/CONSERVATOR I
@ .1ft 'fQ,. to me t he/she executed the same in o OTHER:
his/her . authorized capacitØ and that by
~~..- ç..r~a his/her ei signature(§} on the Instrument the ì
IN!! OlIGO CC»I1V perso or the entity upon behalf of which the SIGNER IS REPRESENTING:
" Mf c.J....bIåCfi eq:.res ,
SepMmbel 22. 1995 perso acted. executed the instrument. (NAME OF PEASON{St OR ENTITVIIES))
Witness my hand and official seal. l':txuJél.t- ~,P&enéS ZiIIc!. +-
~'71!. ~ íHE ÍIII.NJò Ó'ø/Phly
(SEAL¡ (SIGNATUFlE OF NOTARY)
An'ENTION NOTMY: The inforrMtion requested belOw ¡I OPTIONAL. h coutd. however. prevent fraudulen' attachment of lhis certificllteto any unauthorized document.
THIS CERTIFICATE Title or Type of Document ~ f'llíIJIII,c~ ~"Ž'(;II'IL Ir.$E56.1141r I'~~s lW<?t
MUST BE ATTACHED / V /
TO THE DOCUMENT Number of Pages Date of Document ~." 17 '1'-1
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above II/It .
MILCOftS IORM 83240-AU MPO$( ACKNOWLEDGMENT WITH SIGNER CAPACITY/AEPRESENTATIOH/FINGEApfI,"T - Atv IB2 "1112 waLtons fOAM~ Wt
~ ~/-y
-
...ORNIA ALL·PURPOSE ACKNOWLEDGMENT "o_!.9"]
State of CALIFORNIA
County of SAN DIEGO
~ai
On JANUARY 13, 1995 before me, CAROL A. WILLIAMS
,
DATE NAME. tiTlE OF OFFICER· E.Q., -JANE OOE. NOTARY PUBliC"
personally appeared HENRY F. HUNTE AND BETH BRUTON
,
.....EIS) 01' SlGHERtS)
~ personally known to me . OR . 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
. the same in his/her/their authorized
0AJICtAL .,.. jl capacity(ies), and that by his/her/their
CAROL A. WIL.LIAUS signature(s) on the instrument the person(s),
NOTARY PUIU<X:'\IJI'OIINIA .
COMM.HUMIER'~ _ or the entity upon behalf of which the
IAN DlIGO COUNTY II
IN COM'" IXP. OCT "~~~ person(s) acted, executed the instrument.
WITNESS my hand and official seal.
, ¿.# ¡; 4 J~~
_TUAEOI'NOTAAY
OPTIONAL
Though the data below Is not required by lew, it may prove valuable to persons relying on \he doçument and could prevent
fraudulent reattachment of this form.
. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(SI
o PARTNER(S) o LIMITED
o GENERAL
o ATTORNEY·iN·FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARD~NSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESEN11NG:
_01 I'EASOH(S) OR EHT1TY(1ES
SIGNER(S) OTHER THAN NAMED ABOVE
-
~ 7--(
-. .
. ~ æz.
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND MAILING LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
1-"-'5 Western Salt Company 643-020-34 ~~~
7220 Trade Street, Suite 300 643-030-07
San Diego, CA 92121 643-030-08
643-030-04 ¿.a...,~,
. JW'ÚI'ð
-.
It i. h.r.by furth.r .tat.d that the property within the boundar i.. of the A.....-
..nt Di.trict at this time i. .ubj.ct to .xi.tin; mort;a;.. or deed. of tru.t.
THE UNDERSIGNED hereby .tate, a. mort;agees or beneficiari.s under any exiatin;
deed. of trust, that they acknowl.dge and join in .ignatur. in the Petition for the
abov.-r.f.r.nced A..e..ment District. For furth.r particular. a. to any mort;a;ees
or beneficiaries under any de.d. of tru.t, r.f.renc. 1. mad. to the tltl. r.port, a
copy of which i. attached hereto.
DATE OF SIGNING NAME OF LENDER SIGNATURE
þ-'t. 7-/(}
"---
·....fORN.A ALL·PURPOSE ACKNOWLEDGMENT r~o :0'; 7
State of CAJ.IFORNlA
County of SAN DIEGO
On JANUARY 13, 1995 before me, CAROL A. WILLIAMS
,
DATE NAME. TITLE OF OFFICER. £.G.. ".lANE DOE. NOTARY PUBLIC"
personally appeared HENRY F. BUNTE AND LETICIA B. SWORTWooD
,
HAME(S) OF SlONER(SI
(! personally known to me . OR . 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
, ....-. the same in his/her/their authorized
-
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
,
-e,v..€ t1 t.J.~.{'II".o../
IIGHATURE OF NOTARY
OPTIONAL
Though the data below is no! required by law, il may prove valuable 10 persons relying on lhe document and could prevent
fraudulent reattachment of this form.
. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAl
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
1mI(S¡
o PARTNER(S) o UMITED
o GENERAL
o ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUAROIA/lVCONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
- 01' NIISON(S 011 ENrITY(IES
SIGNER(S) OTHER THAN NAMED ABOVE
~ 7--//
.
..---... --------- .---...--..-
-----------..-
~ ..
UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE
OF RECORD OF THE PROPERTY AS SET FORTH HEREIN.
NAME OF PROPERTY
OWNER AND MAILING LEGAL DESCRIPTION OR
ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
'!any Bunte Black 643-020-39 ~....:,\", Io......."ta <iè.\...Ù.. ...."\
~~...~v~
(Trustee of Eaily Bunte Black 643-070-04 ......,,<\1'01"'-' ....... ~... c¡
Revocable Trust No. I) and
Benry. F. Bunte (Trustee of r~ I'''~~
Louis B. Bunte Testamentary
Trust) ~.....~
Letitia B. Swortwood (Trustee A1;t~·~r/l. J.,_~~
of Louis B. Bunte Testamentary
Truat)
7220 Trade Street, Suite 300
San Diego, CA 92121
It 1. h.r.by furth.r .tat.d that the property w1th1n the boundar1.. of the A.....-
..nt D1.tr1ct at th1. t1me 1. .ubj.ct to .xi.t1ng DOrtgag.. or deed. of tru.t.
THE UNDBRSIGNED h.reby .tate, a. mortgagee. or benef1ciar1.. under any ex1ating
d.ad. of tru.t, that th.y acknowl.dge and join 1n .1gnatur. 1n the P.t1t1on for the
abov.-r.f.r.nc.d A.....ment Di.trict. For further particular. a. to any mortga;ees
or ben.fi~iari.. und.r any d..d. of tru.t, r.fer.nc. i. mad. to the title report, a
copy of which i. attached hereto.
DATE OF SIGNING NAME OF LENDER SIGNATURE
~ 7 -<' ) J....
~. ".
. . . .
.
rILED IN '1'IIE OFFICE or THE CITY CLERK THIS DAY OF ,
99$.
Said Petition repre.ente 11 of the ae.ee.able are., a. ahown on the
attached up.
CITY CLERK
CITY or CHULA VISTA
STATE OF CALIFORNIA
.
. ~ 7-/J
__..u__
¡ Imr<>'EASTLAKE TEL:619 421 1830 P. 002
"
d
",
¡', EXHIBIT "A"
"
'oJ¡
,r'
,I
.~;' SHEET 1 OF 1
ASSESSMENT DIAGRAM
(ACQUISITION)
~'~; ASSESSMENT DISTRICT 94-1
CITY OF CHULA VISTA, STATE Of CALIFORNIA
COUNTY OF SAN DIEGO
EASTLAKE GREENS II
¢
!lIlT TO ICALt lll-¡ao- tI
--..
HAl'
,
i
c¡)
; ..,..,-
it
...---..
\;
œ ~
-'".. --
" ~O-Ol
LECEND
- . - CII'r IOUNDAIY
- - . - .-JaJCT.........,
'" ........ 'tNT WAS LbIID ~ TNt CIn COUNCIl. or tMC ern or _110._
CNIu "1ST'" ITA1\; or ~OM ~_... or LMD _ OM
- __fIIf __ _. D _IIMINT ... LßleD OM THr - - .. HIlT !IF M IIGTIICT
--=- Ih\Y Dr ËÞIII.. "ID ASSrIACNT III.CIAM AND YHf (j)
AlKSWfIIf IOU. WEir IKCOIO IN 11II orner or ntI: _a S""EIlllfTÞlIIPII ----
Of' THE CITY Df' CHUU. VISTA ON TNI' _ ..., or _ . ..... -- -
IØDDrtCl . IMOC TO 1M ASJ£SSWPO' Iou. .C:O"DEO .. 1'M¡ orner or
'hIE mm SUPratNTDlKNT ,. TN¡ C:ÞeT _DUN! . CAcH Anmwt",
- ~ - _a. .. IoUID _ OM TNII __ENT _. 1IIITt.
1tIE' _tIiICMI'r ... PAIICILS .. ..... MaCOtiI
... All S_ 011 nil: _SIDI'S ~_L MAI'S
Dr M _ !IF .... IUD, ITIIE !IF CAUI'oINIA
_D III 1ItI: _ " 111( _ _ " TNI CITY Dr fl.ED THIS _ DA1' Of . '... AT _ cra.oac _
_ lOST.. _ or I 'n' .. _k _ _ _ " _ or __NT DlSTIICTI,
__Dr.'. D_NT NO. ëõiJMW1it- IN THf omct or THr
- IE_I Dr ",. .... DllGO, "AT( " .....--....
- __ÞlT. CITY " tIIMA "TA
--
-.......-
. srAn: ... -.
7-/
.....
. . .
..
EXHIBIT B
Description of Work
Assessment District 94-1
The general description of work to be funded by Assessment District 94-1 consists of the following:
1. Street improvements consisting of grading, base, pavmg, gutter, sidewalk, street lighting and
landscaping within the following rights-of-way:
a. South Greensview Drive - from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Phase 1).
b. South Greensview Drive - from Silyerado Drive to Hunte Parkway (3,400 L.F., Phase 2).
c. South Greensview Drive· from Unit 6 entrance to Silverado Drive (1,920 L.F., Phase 3).
2. Utilities and underground improvements consisting of potable water facilities, storm drain facilities,
sewer facilities, reclaimed water facilities, electric facilities, telephone facilities, gas facilities,
television facilities as appropriate by applicable state and federal statutes within the following
rights-of-way:
a. South Greensview Drive - from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Phase 1),
b. South Greensview Drive· from Silverado Drive to Hunte Parkway (3,400 L.F., Phase 2).
c. South Greensview Drive· from Unit 6 entrance to Silverado Drive (1,920 L.F., Phase 3).
3. DIP funded street improvements consisting of grading, storm drain, base, paving, curb, gutter,
sidewalk, medians, streetlighting, landscaping and street monumentation within the following
rights-of-way:
a. Hunte Parkway - from Clubhouse Drive to South Greensview Drive (2,300 L.F., Phase 2).
4. DIP funded street and underground improvements consisting of grading, and storm drain
improvements within the following rights-of-way:
a. Hunte Parkway. from South Greensview to Orange Avenue (1,270 L.F., Phase 2).
b. Orange Avenue - from Hunte Parkway to the SDG&E easement (3,500 L.F., Phase 2),
/'
1rPC F.\II_\o";""\16IS.94 . ~ 7//5'
-- ----~..__..._--,----- ~--~
,: . .
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if'
",.'
I~'·.· .
! "....../ .
¡,';'" EXIUBIT B
.;
;~.
,<,
Ifr"
",
,II~' COST ESTIMATE SUMMARY
.." <r.,
! .
i·' ASSESSMENT
1&" DISTRICT DlF TOTAL
~"
,: I~'
I ,~)òJ;;, Dry Utilities $ 734,008 $ 38,263 ! 772,271
' J<"
',"", 545,500 1 ,220,490
1'> Grading 674,990
Landscaping 234,155 407,180 641,335
Reclaimed Water 158,950 158,950
Streets 929,030 588,828 1,517,858
Sewer 177,750 177,750
Storm Drain 1,345,385 , 64,017 1,409,402
Water 497,705 497,705
Construction Subtotal 6,395,761
Reimbursements ($638,350)
SUBTOTAL 5,397,354
Incidentals 1,023,852
TOTAL $6,781,263
TA:dv
(P:~\IIp-.t .U ........11)
I
,
,
I
, þttf 7-J~
-
--
. .
EXHIBIT B
AD"'!, EAS'Jt.\IΠGREENS II
PHASE I
1IIIIiCIIPTI0N QTY IJIIJTS VNlTPRlCE TOTAL
"G._.~.. Dr. Qa'~I.' Dr. Ie Unll'
AC PA VEMENI' 117600 SF S1.95 $229.320.00
f" WONO CURB, 0'I1I, SIW 4100 LP SI200 $57,600.00
PEDRAMI' 2EA S12000 S2A0.00
SURVEY MOII\JMFNT 5 EA $330.00 SI,650.00
ImU!IrT UOIfi'S ilEA 12.100.00 $50.400.00
ImU!IrT NAME SIGN 10 EA S1&o.00 SI,IOO.OO
GUARDRAIL IlARlUCADE 60LP $34.00 12.040.00
1UlM0VE EXIST AC BERM 130 LP 12.00 S260.oo
IrRCP 350 LP $31.00 110,150.00
24"RCP 1670 LP $36.00 S60.120.00
3O'RCP 1270 LP S4200 $53,340.00
"II" INLET I EA 12.100.00 $22.400.00
-A-CLE.ANOur 7 EA 12.175.00 $15,225.00
r SEWER MAIN 2160 LP SI'.oo S60.04O.oo
SEWER MANHOU; 7EA SI,350.00 $9.'SO.OO
CONNECTTO EXIST. SEWER lEA $500.00 S5OO.00
If"WA'ŒR MAIN 2AOO LP $30.00 $72,000.00
II"WA'ŒRMAIN 230 LP S26.OO $5.910.00
2"ARV ilEA SI.650.00 'II,ISO.OO
2"8.0. 5 EA S7OO.00 13,500.00
4"8.0. 6 EA SI.300.00 $7,100.00
II" GATE VALVES 6EA SI.175.oo $7,OSO.OO
If"GATEVALVES 12 EA $5.100.00 $69,600.00
PIRE HYDRANT (2.WA Y) lEA 12.500.00 S20.000.00
CONNECT TO EXIST. WA'ŒR I EA $2,500.00 12.500.00
rItECVJMEDWA'ŒR 2AOO LP S20.oo S41,000.00
1-AV 3EA $1,200.00 13,600.00
2"8.0. 2EA $700.00 '1.400.00
rGATEVALVES 2EA '1.000.00 S2.000.00
U'IU1I'Y CONDurr IU 1239.162.00 1239,16100
SLOPE 1NIDSCAI'INO 52617 Sf $1.45 176,295.00
CI1I' S6000 CY 10.15 S30,600.00
AU.VVIAL 1000 CY 10.10 $6,400.00
aJIAR A GRUB 3.5 AC. $500.00 '1,7SO.OO
unDn 17a lEA 'I,3SO.00 $1,350.00
_11IISEMl!ImI IU (S207,993.73) ($201.993.13)
IW1'GTAL CONl11lvcno" COlT 1164,371.27
CON11NOENCY (I"') IU $96,437.13 $96,431.00
avn.I!NOINI!I!IUNG IU 169,79100 $69,79100
lOlLS ENOINI!I!IUNG IU 113,705.16 $13,7V5.16
SURVEYING IU SI6,I90.I. $16,190.1'
DRY ut1UI1I!S ENO. I U S5,051.00 13,051.00
1NIDSCAI'B ARCHII1!CT IU '11.927.00 $11,927.00
PlAN CHECK IU S20.I59.oo S20,159.00
BONDS IU $7.917.00 $7,917.00
IUllTOTAL lorr COlT $241."'.99
TOTAL fJ,M,251 26
. ~ 7~//
. .
AD H-1, &\S'I'LUCE GREENS 11
.' PHASE 2
DESCIUI'TION QTY UNITS UNIT PRICE TOTAL
So c;,._ Dr, H...... Phy to SUvend. Dr.
ACPAVEMENT 112100 SF SU5 $218,595.00
6" MONO CURB, GTR, S/W 4700 LF S12.OO $56,400.00
PED RAMP 4EA S12O.OO $480.00
SURVEY MONUMENT 7 EA $330.00 $2,310.00
STREET UGIfJ'S 15 EA $2,800.00 $42,000.00
S11ŒET NAME SIGN 4 EA SI80.oo S720.oo
18" RCP 340 LF $31.00 SIO,540.oo
36"RCP 22SO LF 552.00 S117,OOO.00
OFF-SITE PIPE a STRUCTURE ILS S4OO,OOO.OO S4OO,ooo.oo
"II" INLET 2EA $2,800.00 55,600.00
"A" a..E.ANour 5EA $2,175.00 SIO,875.oo
8" SEWER MAIN 1500 LF 514.00 $21,000.00
IO"PVC 1030 LF S17.OO SI7,510.oo
SEWER MANHOLE 10 EA 51,3S0.oo 513,soo.00
I6"WATERMAIN 2600 LF $30.00 $78,000.00 ,
IO"WATERMAIN 950 LF $26.00 $24,700.00
2"ARV 7 EA SI,650.oo SI1,550.OO
2"B.O. 5EA $700.00 S3,SOO.oo
4"B.0. 3EA 51,300.00 $3,900.00
IO"OATEVALVES 5 EA SI,175.oo 55,875.00
I6"OATEVALVES 6 EA 55,800.00 $34,800.00
FIRE HYDRANT (2.WA Y) 8EA $2,SOO.oo $20,000.00
r RECLAIMED WATER 2600 LF $20.00 $52,000.00
I"AV 4 EA 51,200.00 $4,800.00
2"B.O. 2EA $700.00 51,400.00
rOATEVALVES 3EA 51,000.00 $3,000.00
UTIU'IY CONDUIT ILS $310,694.00 $310,694.00
SLOPE I.ANDSCAPING 68354.75 SF SU5 $99,114.00
CUT 231294.1 CY So.s5 SI96,6OO.oo
ALLUVIAL 30000 CY SO.80 $24,000.00
Q.EAR a GRUB 6 A.C. SSOO.OO $3,000.00
MOBIUZE I EA SI,soo.oo 51,soo.00
REIMBURSEMENTS ILS (SZ70,203.48) ($270.203.48)
IVIITOTAL CONl11lVcnON COST 51,524,759.52
,
COImNOENCY (10'110) ILS 5152,475.95 5152,476.00
avn. ENGINEERING ILS 5122,438.00 5122,438.00
SOILS ENGINEERING I LS $21,670.116 $21,670.00
SURVEYING ILS 525,597.91 525,598.00
DRY UTIUTIES SNG. ILS $6,561.00 $6,561.00
lANDSCAPE ARCHITECT ILS S15,495.OO S15,495.oo
PlAN CHECK ILS $36,594.00 $36,594.00
BONDS ILS 513,890.00 S13,89O.oo
IVIITOTAL Ion COST $394,722.00
TOTAL 51"1',411.52
. ~.7-/g/
-
_. .... . .
",":,",~". .
"
AD H-I, &\S'1'U.IŒ GREENS ß
PHASE 3
.
DESCRImON QTY UNITS UNIT PRICE TOTAL
S. G............ Dr, UIIII' 10 S_do Dr.
ACPAVEMENT 94100 SF $U5 $183,495.00
(J' MONO CURB, GTR. SfW 3840 LF $1Z.oo 546,080.00
SURVEY MONUMENT 4 EA S330.oo $1,320.00
STREETLIGHTS 12EA 52,800.00 $33,600.00
STREET NAME SIGN 4EA $180.00 S720.oo
18"RCP 170 LF $31.00 $5,210.00
24"RCP 290 LF $36.00 $10,440.00
OFF-SITE PIPE A STRUCTIJRE ILS S606,ooo.oo S606,ooo.oo
'8" INLET 4 EA $2,800.00 $11,200.00
flAIf Cl..£ANOUT 3 EA 52,175.00 $6,525.00
8"SEWER MAIN 350 LF $14,00 54,900.00
8" SEWER MAIN 4928.6 LF $14.00 $69,000.00
SEWER MANHOLE I EA $1,350.00 $1,350.00
CONNECT TO EXIST. SEWER I EA SSOO.OO SSOO.OO
16"WATERMAIN 1920 LF $30.00 557,600,00
IO"WATERMAIN 100 LF $26.00 $2,600.00
2"ARV 1 EA $I,6SO.oo $1,650.00
2"B.O. 2EA $700.00 $1,400.00
10" GATE VALVES 2EA $1,175.00 S2,350,00
16" GATE VALVES 4 EA 55,800.00 $23,200.00
FIRE HYDRANT (2-WA y) 6EA $2,SOf).oo $IS,ooo.oo
CONNECT TO EXIST. WATER 2EA $2,SOf).oo 55,000.00
8" REClAIMED WATER 1920 LF S20.oo 538,400.00
2"ARV I EA $1,6S0.oo $1,6S0,00
2"B.O. I EA $700.00 $700.00
8" GATE VALVES' 2EA $1,000.00 $2,000.00
UTILITY CONDUIT ILS $184,152.00 $184,152.00
SLOPE LANDSCAPING 40514.75 SF $U5 S58, 746.00
ClTJ' 46000 CY SO.8S $39,100.00
EXPORT 120000 CY $1.60 $192,000.00
ALLUVIAL 14000 CY SO.80 $11,200.00
FINISH 10 ",c. $3,000.00 $30,000.00
CLEAR A GRUB 10 ",c. SSOO.OO 55,000.00
MODIUZE I EA $3,000.00 $3,000.00
REIMBURSEMENTS ILS ($160,152.79) ($160.152.79)
.UIITOTAL CONSTRUcnON COST $1,494,995.21
CON'I1NGENCY (I~) ILS $149,499.52 $149,499.52
CIVIL ENGINEERING ILS $83,03Z.oo $83,enoo
SOILS ENGINEERING ILS SZI,247.e5 SZI,247.05
SURVEYING ILS $ZS,098JZ SZs,098.:ZZ
DRY U'J11..1T1ES ENG. ILS $3,889.00 $3,889.00
LANDSCAPE AROÐTECT ILS $9,184.00 $9,184.00
PLAN CHECK ILS $24,816.00 $24,816.00
BONDS ILS $9,419.00 $9,419.00
'UBTOTAL son COST $326,184.79
TOTAL $1,111,110.00
. þr57-/f
~ . .
PARTNRRSHIP AUTHORIZATION
EastLake Development Company, a California general partnership (hereinafter "EDC"), herewith authorizes
Ihe following individuals, both acting together, on behalf of EDC and with regard to the conduct of business
at EDCs EastLake developmen! project in O1ula Vista, California, to:
I (a) Sell, grant and convey individual parcels located on that certain real propeny in O1ula
Vista, County of San Diego, State of California, described in Exhibit "A" attached hereto ('Real Property"
herein); but not to sell, grant or convey the Real Propenyas a whole;
. (b) Enter into any contract or contracts for the sale of said parcels upon such tenns as !hey, in
tI¡eir sole discretion, shall detennine, including but not limited 10 the acceptance of the promissory n01e of
" buyer or any other person, unsecured or secured either by the propeny sold alone or other property;
(c) Execute, acknowledge and deliver in EDe's name any contracts of sale, bills of sale, escrow
ÍI1StJUctions, deeds of title or any other documents which !hey in the exercise of their sole discretion, deem
necessary 10 complele the sale and conveyance of said Parcels; and
(d) Do any other acts reasonably necessary or appropriate 10 implement Ihe actions aulhorized
.in subparagraphs (a) - (c) above.
, The above described authorization shall remain in force unless specifically revoked. The foUowing
",individuals, acting Iogether, are herein authorized to execule documents on behalf of EDC in their capacity
as employees or officers of the general panners of EDC. All prior authorizations are herewith revoked.
..
0, Paul G. Nielo - Vice President, Boswell Propelties, Inc.
Roben L. Santos
..¡
'Executed as of the 31Si day of December, 1992
By: EASlLAKE DEVELOPMENT COMPANY,
a California general partnership
By: The Tulago Company,
a general partner .
. B)~$ ~"""I
Its: ] President
1 '::I""
n;:v¡: I~~'" ~:d Y7..{/>11.<. C:.{ ,iff]
0CC Presiden! Voè President
~ ?-c20
~"~'-"
~ PHI' ""'-/fI~-f" B
.
ENGINEER'S REPORT
PART n
COST ESTIMATE
ASSESSMENT DISTRICT NO. 94-1
CONSTRUCfl0N COST (See Pages 9a-9f) PRELIMINARY CONFIRMED
Streets, Grading, Landscaping and Dry Utilities $1,804,343
Water 382,345
Sewer 177,750
Stonn Drain 1,214,605
Reclaimed Water 158,950
DIF Streets 1,639,338
Sub-total construction cost $5,377,331
Contingency (10%) 537,733
TOTAL CONSTRUCTION COST $5,915,064
INCIDENTAL EXPENSES
1. Civil Engineering $275,262
2. Soils Engineering 81,825
3. Surveying 96,656
4. Dry Utilities Engineering 15,501
S. Landscaping Architect 36,606
6. Public Agency (Project Management & 78,000
Assessment Engineering)
7. Plan Check & City Fees 86,621
8. City Bonds 32,967
9. Bond Printing, Servicing & Registration 10,000
10. Printing &. Advertising 1,000
11. Bond Counsel 40,155
12. Assessment Consulting 10,000
13. Financial Consultant 39,834
14. DIF Project City Administration 36,065
15. DIF Support 95,020
Total Incidentals $937,357
Less Developer Contribution 1 ($108,960)
Subtotal Acquisition Expenses $6,743,461
(Construction cost plus incidental expenses)
we M:'ØOME\EIIGINEER\1175.94 ~7-;¿/ Page 8
.
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. .
I
, COST OF ISSUANCE PRELIMINARY CONFIRMED
Capitalized Interest (2%) 2 $ 158,670
Bond Discount (3%) 238,004
Reserve Fund (10%) 793,438
Subtotol Cost of Issuance $1,190,022
Baltulœ to Assessment $7,933,483
Some facilities to be constnlcted by the assessment district are eligible for Development Impact
Fee (DIF) Credit. The following table gives that part of the Cost Estimate which is eligible for
Developmcntlmpact Fee credit.
COST ESTIMATE OF ACQUISmON OF
DEVELOPMENT IMPACT FEE (TRANSPORTATION)
ELIGŒLE IMPROVEMENTS
CONSTRUCfION COST PRELIMINARY CONFIRMED
Streets $588,828
Stonn Drain 64,017
Dry Utilities (Street lights & traffic signals) 38,263
,., Grading 541,050
,
,
LandSCllping 407,180
Subtotol Construction Cost $1,639,338
Contingency (10%) 163,934
l TOTAL CONSTRUCTION COST $1,803,272
Soils engineering 25,202
Surveying 29,770
PIan Check 4,352
Survey Bonds 1,741
DIF Project City Administration · 36,065
Subtotol Incidentals 97,130
Total Construction + Incidentals 1,900,402
DIF Support' 95,020
Toltll DIF ElIglble $1,995,422
I The golf course assessment ($108,960) will be paid as developer contribution to the district
2 Assuming bond sale on 6/1195
3 2 % of total DIF construction cost
45% of total DIF construction cost and incidentals
WPC M:\HDME\ENGlNEERII17'.94 ~ Page 9
7 ~ ..2 :2-
02-08-1995 31: 41PI1 FROM Kadt~-J~ns~n Jchnson Sadn TO 6915171 P.02
. p~Jrþ 4- hN' f ,w-fr C-
.
. KADIE-JENSEN, JOHNSON & BODNAR MUNICIPAL FINANCING CONSULTANTS, INC.
.
Corp<mUe OJfi<'e;
7801 Mission Ce"'~r Court, Suite 460
San D;~go, CoUfomia 92108
7EL 619/296-14$0
FAX 619/296-1783
CITY OF CHULA VISTA
FEASIB!LITY STUDY
ASSESSMENT DISTRICT 94-1
February 8, 1995
The proposed project consists of three sepuable phases of
construction, the costs of which are estimated at $8,062,050,
including the costs of bond issuance.
In addition to the 94-1 Assessment above, the benefited area
is subject to liens from prior assessment districts as well as
contingent and/or actual debt from the overlapping School
Districts, depending on the state of development of the land. It
was realiz~d early on that the proposed new financing could
create feasibility problems in terms of meeting the City minimum
lien-to-value ratio of 3:1. In addition, it was deem~d important
that, once a home was built, the amount of the annual assessment
payment would be fixed, and not allowed to increase as
additional project phases were added.
Accordingly, studies were undertaken tc examine the effects
'of both the proposed 1994-1 assessment formula, and the method in
which the annual assessment installments are to be collected.
The first step in this process was to dete=mine the amount of the
existing debt on subject property.
It was determined that the benefit to all property, by
housing type, in the proposed district, including assessments for
both the proposed and past projects was approximately equal.
Accordingly the assessment formula that is proposed for the 1994-
1 was generally, "an amount, which when added to the prior
assessments, would result in a near uniform assessment amount (
by product type) throughout the proposed assessment district."
Table 1 shows the results of the application of this
assessment formula. It will be noted that there are two
differing Total Assessment amounts per unit, cne for single and
one for multi-family and that all assessments for attached
property are uniform. In the case of detached property, a $230
assessment difference was necessary to meet equity requirements.
Cbarter ..lIber, 1I.i:ion.l·A..OCi~d.~:~t.~ubliC Piaance U..iaora
--...----..-.---.,--..------" " -
._____..~_~m·"_ ,.__.__._~ _ __ ......---'.-'-""- ---------. --- ------- -~------
02-08-1995 01'42PM FROt1 Kad i~-J~ns~r, John.'on Bc,dn TO 6915171 P.03
.
.
.
,
Table 1
PER UNIT
ESTIMATED PER UNIT
PROPERTY TOTAL ESTIMATED VALUE I
DESCRIPTION AST. LIENS UNITS VALUE LIEN
-
R25 7,316.80 78.00 24.000.00 3.28
52
P3
R20 9.542,76 96.00 28.200.00 2,96
R20 (CNTY) 9.642,76 13.00 28.200,00 2.96
R15 9.542.76 63.00 35,000.00 3.67
R3 (N) 9,542.76 61.00 45,000.00 4.72
R27 9.542,76 40.00 45,000.00 4,72
R1a 7.741.37 87.00 29.000.00 3.75
, R12 9.542.76 93.00 30.000,00 3.14
R1 9,542.76 54,00 65,000.00 5.76
R10 9.542.76 196.00 35.000.00 3.67
,. R10 (CNTY) 9.542.76 96,00 35.000.00 3.67
P5
R16 7.741,37 83.00 29.000.00 3.75
. R6 9.542.76 88.00 55.000,00 5.76
R3 9.542.76 55.00 45.000.00 4.72
.
R4 9.542.76 104,00 55.000.00 6,76
R21 7,741,37 120.00 24,000,00 3.10
R23 (CNTY) 7.741.37 27,00 24.000.00 3.10
R23 7.971.04 187.00 24.000.00 3.01
UNIT 26 (LOW COS, 4.276,27 261.00 12.500.00 2.92
CHURCH 20.408.00 1.00 65,000.00 3.19
TRAILS 04 & 07 1.172.601.60 1,004,000.000.00 3.41
~ 7~~f
02-08-1995 01:43PM FROM Kadl~-J~ns~n Joknson Bodn TO 6915171 P.04
- . .
- .
,
,
METHOD OF APPORTIONING THE ASSESSMENT INSTALLMENTS
The proposed project will be built in three phases. Bonds
will either be sold for each phase or else a sipgle bond issue
will be sold and the interest on unspent proceeds used to meet a
portion of the debt service on the bonds.
In either case, the annual amount to be paid by a homeowner
would be subject to an increase as additional bonds are sold or
bond funds expended, unless the method of apportioning the
assessment installments is managed as later described. Such
increase would be counter to City Policy. Further, property
relying on future project construction would be subject to the
same financial impact as property which can be immediately .
developed, which would not be equitable.
In order to overcome these objections, the financing plan
calls for property with a final map to receive its full pro rata
share (the "Full Assessment Installment" ) of the assessment
installment based on the assumption that all bonds have been sold
and no investment income is available to offset debt service.
The deferment of a portion of the assessment obligation on
property without a final map can be translated into a reduction
in the effective amount of the lien, thereby improving lien
ratios. Such improvement has not been considered in the lien
ratio calculations shown on Table 1.
For the purpose of this Feasibility report, is assumed that
all of the project costs will be initially assessed, all bonds
will be issued in a single series and construction will take
place in phases.
Unexpended construction funds will earn interest which will
be used to reduce the amount of the annual assessment levy. The
balance needed after this credit and the levy of the "Full
Assessment Instalment" on property with a final map will be
levied and collected on all other property in the assessment
district, as set forth in the Final Engineers Report. This
method of crediting interest is, our opinion, fair and equitable.
PROPOSED METHOD OF DEALING WITH INADEQUATE LIEN RATIOS
The land values assumed in this study were supplied by KJJB
based on available information. A formal appraisal will be made
prior to the issuance of any bonds. Any parcels which do not
meet the 3:1 lien test, assuming school debt and the method of
, ~ 7---2->"'
---~._-_..._----_..__._._- . - - '0-_._- ____..____~._.______~_._.~_..._____._.__~_~
02-08-1 ",,:0 ljl: 4.óc'11 t-I<UM Kðdi~-J~ns~n Johnson ~odn IU b=-l::"l"(l t"'.I:::.1=-
. .
.
.
,
collection as described above can, by City policy, be
additionally secured by EastLake providing an "Evergr.eeú Letter
of Credit" drawn on a bank meeting City criteria.
The terms of the letter of credit are such that, if Eastlake
or a successor in interest fails to meet a debt service payment
on any parcel, the letter of credit with respect to such parcel
will be cashed and used to meet the payment and to reduce the
remaining debt to where the minimum lien ratio is satisfied.
As an example, if a lot has a $25,000 assessment and a
$50,000 value, a letter of credit of approximately $9,503 would
be required. If a debt payment 1s missed, approximately $1,170 of
the letter of credit would be used to meet the missed payment and
the $8,333 Þa1ance of the letter of credit to reduce the
outstanding debt to $16,667.
MAXIMUM TOTAL TAXES AND ASSESSMENTS
City Policy indicates that the maxim total ta~es and
assessments to be levied on property is 2%. Allowing 1.2 per
cent for County and Water District taxes, the balance available
. is .8%. The annual cost applicable to homes in the proposed
District will be the result of combination of factors, including
the interest rate of the Bonds. Preliminary calculations
indicate the some of the lower priced pI·oduct in the Assessment
District may Þe subject to a larger than allowable tax liability.
As the project continues through the sale of securities, it may
be necessary to require the developer to pay dO~~l a portion of
the assessment to meet city standards. In the case of low cost
housing a study will be required to determine appropriate police.
The implementation of these adjustments will require contracts
with EastLake prior to the issuance of assessment bo~ds. These
contracts must be transferred to merchant builders.
CONCLUSIONS AND RECOMMENDATIONS
Based on the forgoing assumptions, it is our conclusion that
the project is financially feasible and will meet City criteria
as to both maximum total taxes and assessment rates, in most
cases, and minimum lien ratios. As discussed in the body of this
report, property values are subject to verification by an
independent appraisal. To the extent that any changes occur that
might result in a failure to meet City Criteria, the City must
reserve the right to reduce the amount of the proposed bonds to
be issued, require a letters of credit anå/or use bond proceeds
to call bonds.
~ 7-..2, t
TOTAL F.05
ATTACHMENT E
PI'IO FORMA CASH FLOW
'SUMPTIONS: DEBT
SERVICE
COST OF PROJECT 8,000,000 r 717,685 I
PHASE 1 2.000,000 179.421
2 5,000,000 269,132
5 3,000,000 269,132
LEVEL
LOTS ASS,T DEBT S.
LOTS AND ASS'T
PHASE 1 1S0 10,000 897.11
2 300 10,000 897,11
3 350 10,000 897.11
TOTAL 800
CASH FLOW ASSUMES BONDS SOLO IN SERIES
CONSTRUCTION PHASE 1
PHASE LOTS VA 1 AS'T TOTAL
1 150 897,11 184,566.01
2 300 89.01 20,702.46
3 3S0 89,01 24,152,87
800.00 171,421.34
CONSTRUCTION PHASE 2 2 VR AS'T TOTAL
PHASE
1 UiO 107,1067 897.1087 184,6ee.01
2 300 80.00821 828.10 197.10e7 ae9,132.01
3 360 89.00821 69.16 128.1581 44,855.34
800.00 448.S53,36
CONSTRUCTION PHASE 3 S VR AS'T TOTAL
PHASE
1 150 897.11 817,11 184,568,01
2 SOD 89.01 828.10 . 897.11 269,132.01
S. 550 69.01 59.15 768.95 897.11 313,987,35
800.00 [717,885.371
. ß-S ?-.2 7
TOTA.. P. B2
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.
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- This Page Blank -
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,
J!--tó 7~;¿ r
lJ.øfHe-u /1£,,)+ V
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 94-1
(EASTLAKE GREENS ll)
PRELIMINARY ENGINEER'S REPORT
Mavor
Shirley A. Horton
City Council Memben
Robert P. FOI .lohn S. Moot
Jerry R. Rindone Stephen C. Padilla
City Staff
.lohn D. Go.., City Manager
.lohn P. Lippitt, Director of Public WorkalSaperiDtendent of Streets
Brace Boopard, City Attorney
CUfl'ord SwllDlOn, Deputy Public Works Direetor/City EmlcJneer
Aøeament Team
City of Chula Vista, Asseumeøt EDgineer and Project Management
Bnnm, Diven, '" Heøtsehke, Bond CODDlel
Kadie-Jensen, Johnson and Bodnar, FiDanclal CoualtaDt
PreliminAry approval by the City Council of the City of Chula Vista on the day of
.1995.
City Clerk, City of ChuIa Vista
Final approval and coDfirmation by the City Council of the City of Chula Vista on the
day of .1995.
. JH' '! City Clerk, City of Chula Vista
7./~
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CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 94·1
(EASTLAKE GREENS D)
TABLE OF CONTENTS
SECTION A - ORDER OF PROCEDURE AND SCHEDULE OF EVENTS ........ 2
. SECTION B - GENERAL INFORMATION ......... . . . . . . . . . . . . . . . . . . . . .. 3
SECTION C . RESOLUTION OF INTENTION ............................ 4
ENGINEER'S "REPORT" ...,....................................... S
'PART I - PLANS AND SPECIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
PART n - COST ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
PART m - ASSESSMENT ROLL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
....
. PART IV - ANNUAL ADMINISTRATIVE ASSESSMENT ................... 33
...'PART V - DIAGRAM OF ASSESSMENT DISTRICT ....................... 34
PART VI - DESCRIPTION OF WORKS OF IMPROVEMENT ................. 3S
,
,APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . A-I
APPENDIX B . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. B-1
~ 7-}¿;}
"wrc M:IIIOMEIENGINIÐI.\tI75,94 Page 1
SECTION A
ORDER OF PROCEDURE
AND
SCHEDULE OF EVENTS
ASSESSMENT DISTRICT NO. 94-1
.
(EASTLAKE GREENS II)
Event Date Resolution .
1. Adopt Mitigated Negative Declaration April 12, 1994 17456
IS-94-19
2. Adopt Boundary Map April 12, 1994 17457
3. Proposed Resolution of Intention and April 12, 1994 17458
Request for County Consent and
Jurisdiction
4. Approve Acquisition Agreement May 10, 1994 17483
5. Consent and Jurisdiction Approval June 7, 1994
6. Approval of Resolution of Intention
7. Approval of Prelimin"ry Engineer's
Report
8. Public Hearings
9. Confirmation of Assessments
~ 7~}1
WPC M:'BOME\EN( 1NEER11175.94 . Page 2
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SECrION B
GENERAL INFORMATION
ASSESSMENT DISTRICT 94-1
The Assessment District is proposed to be fonned for the purpose of financing the acquisition
of certain public improvements under the Municipal Improvement Act of 1913. The general
administration of this District will be undertaken by the City of ChuIa Vista and all official
actions will be made by the City Council.
Following the public hearings and confirmation of the assea......mts, the property owner has
thirty (30) days in which to pay all or any portion of this as-"""ent without incurring
financing costs for the amount prepaid. Each Pl0perty owner has the option of paying their
total proportional share in cash during this 30 day cash collection period, or by paying the
assessment in installments through the issuance of .a_......-mt bonds. If the property owner
elects not to pay the assessment within the 30 day cash collection period, assessment bonds,
in the amount of the unpaid assessment, will be sold to cover the cost of the as-mnenl The
total cost may include, but is not limited to, such items as construction costs, design costs, legal
fees, various consultant fees, printing and publication charges, financing costs and costs of
servicing bonds.
The cost of the acquisition of these improvements and incidentals costs are IllKSsed and spread
proportionally over every parcel of land within the District that receives a direct and special
benefit from the improvements. The method ofm.lñl1g the .,yaammt spread is in accordance
with benefits received. The level of benefit varies according to land use and 1It1Ii'7Jltion of the
improvements funded.
Acquisition Construction Cost S5,9 I 5,064
Less developer Contribution (108,960)
Incidental Expenses 937,357
Cost of Issuance 1,190,022
Balance to As-cment S7,933,483
Additional information may be obtained by contacting the Office of the Public Works Director,
John P. Lippitt.
~ 7- 3d.-
,wpc M:\HONEIENGINEERIII7'.94 hac 3
SECfION C
RESOLtITlON OF INTENTION
(Copy follows: Resolution is on file in the Office of the City Clerk)
~ 7-)3
- hge4
WPC M:'HOMEIEIIOINEEI11175.94 ..
------- ------------ -- ------ - .--.---.-. -...------.---.--....--.--, ----~--- --- ----~------
AGENCY: CITY OF CHULA VISTA, CALIFORNIA
PROJECT: ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)
TO: CITY COUNCIL
ENGINEER'S "REPORT"
PURSUANT TO THE PROVISIONS
OF SECTION 10104 OF THE
STREETS AND WGHWAYS CODE
Pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of
the Streets and Highways Code of the State of Calüomia, and in IICCOI'dance with the
Resolution of Intention, being Resolution No. . lIdopted by 1he City Council of 1he
City of Chula Vista, State of California, in connection with the proc--'ings for Assessment
. District No. 94-1 (EastLake Greens II) (hereinafter referred to as the "Assessment District"),
I, the appointed Superintendent of Streets, submit herewith the "Report" for the Assessment
District, consisting of six (6) parts as follows:
PART I
Plans and specifications for the improvements proposed to be ecquired lire filled herewith and
made a part hereof. Said plans and specifications lire on file in the Office of the City Clerk.
". PART D
An estimate of the cost of the ecquisition of the proposed improvements, including incidental
costs and expenses in connection therewith, is as set forth on the lists thereof, ....cheð hereto.
PARTm
A proposed assessment of the total amount of the costs and expenses of the acquisition of the
, plopoaed improvements upon the several subdivisions of land within the Assessment District,
in proportion to the estimated benefits to be received by such subdivisions, from said
improvements, is set forth upon the assessment roll filed herewith and made a part hereof.
PARTlY
The proposed maximum annual assessment to be levied upon any subdivision or parcel of land
within the Asse~""'ent District to pay the costs incurred, and not otherwisé reimbursed,
resulting from the administration and collection of assc..ments and/or administration and
registration of bonds and other funds.
.
:Þ-t:ø' 7-- Jr
'f/PC M:'HOMEIEN0INEE1\\1175.94 Pqe S
PART V
A diagram showing the Assessment District, the boundaries and the dimensions of the
subdivisions of land within said Assessment District, as the same existed at the time of the
passage of the Resolution of Intention, is filed herewith and made a part hereof, and part of
the assessment.
PART VI
A. Description of the work for the proposed improvements;
B. Description of all rights-of-way, easements and lands to be acquired, if necessary;
C. Environmental certification.
This PreliminAry Report dated this day of .1995.
John P. Lippitt
Superintendent of Street
City of Chula Vista
State of California
i This Final Report dated this day of .1995.
¥.
John P. Lippitt
Superintendent of Streets
City of Q1ula Vista
State of California
0 7-J~
WPC M:\HOME\ENGINIŒJlII175.94 Po¡e6
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-~-------~-~- -~-~~--- --- -- - -- -- --_.._._.~-_._---"._---,._- -------_..__._.~---~~-
ENGINEER'S REPORT
PART I
PLANS AND SPECIFICATIONS
ASSESSMENT DISTRlCI' NO. 94-1
-
.- The plans and specifications for this Assessment District are referenced herein and incorporated
as if attached and a part of this "Report". Said plans and specificatiollS are on tile in the
Offices of the City Clerk and the Superintendent of Streets.
...
-
--
..
,
.
. JYS 7,-:JÞ
WPC M:'HOMI!'ÐIGINEER\1175.94 Page 7
ENGINEER'S REPORT
PART n
COST ESTIMATE
ASSESSMENT DISTRICT NO. 94-1
CONSTRUCTION COST (See Pages 9a-91) PRELIMINARY CONFIRMED
Streets, Grading, Landscaping and Dry Utilities S 1,804,343
Water 382,345
Sewer 177,750
Stonn Drain 1,214,605
Reclaimed Water 158,950
DIF Streets 1,639,338
Sub-total construction cost S5,377,33I
Contingency (10%) 537,733
TOTAL CONSTRUCTION COST· $5,915,064
INCIDENTAL EXPENSES
1. Civil Engineering $275,262
2. Soils Engineering 11,825
3. Surveying 96,656
4. Dry Utilities Engineering 15,501
5. Landscaping Architect 36,606
,
6. Public Agency (project Management &. 78,000
, Assessment Engineering)
7. Plan Check &. City Fees 16,621
I. City Bonds 32,967
9. Bond Printing, Servicing &. Registration 10,000
10. Printing &. Advertising 1,000
11, Bond Counsel 40,155
12. Assessment Consulting 10,000
13. Financial Consultant 39,834
14. DfF Project City Administration 36,065
15. DIF Support 95,020
Total Incidentals S937,357
Less Developer Contribution I (SI08,96O)
Subtotal Actplisition Expenses $6,743,461
(ConstrllCtion cost pIllS incidental expenses)
WPC 1ot_0_1I115.94 ~ 7-37 p...a
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.--------.-- _ _____.___________".....___n_.._·'____
COST OF ISSUANCE PRELIMINARY CONFIRMED
Capitalized Interest (2%) 2 $ 158,670
Bond Discount (3%) 238,004
Reserve Fund (10%) 793,438
Subtotal Cost of Issuance $1,190,022
Balance to Assessment $7,933,483
Some facilities to be constructed by the usessment district are eligible for Development Impact
Fee (DIF) Credit. The following table gives that pan of the Cost Estimate which is eligible for
Development Impact Fee credit,
COST ESTIMATE OF ACQUlSmON OF
DEVELOPMENT IMPACT FEE (TRANSPORTATION)
ELIGmLE IMPROVEMENTS
CONSTRUCTION COST PRELIMINARY CONFIRMED
Streets $588,828
Stann Drain 64,017
Dry Utilities (Street lights &. traffic lignals) 38,263
Grading 541,050
Landscaping . 407,110
Subtotal Construction Cost $1,639,338
Contingency (100/0) 163,934
TOTAL CONSTRUCTION COST $1,103,272
Soils engineering 25,202
Surveying 29,770
Plan Check ",352
Survey Bonds 1,741
DIF Project City Administration J 36,065
Subtotal Incidentals 97,130
Total Construction + Incidentals 1,900,402
DIF Support' 95,020
Total DIF Eligible $1,995,422 '
I ¡The golf course usessment ($108,960) will be paid u developer contribution to the district
2,Assuming bond sale on 6/1195
J, 2 % of total DIF construction cost
,
4 .s % of total DIF construction cost and incidentals
~ J-Jg
WPC M:'ItOhŒ\ENOINEERII115." . Paae9
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ENGINEER'S REPORT
PART m
ASSESSMENT ROI .1.
ASSESSMENT DISTRICT NO. 94-1
(EASTLAKE GREENS ll)
WHEREAS, on , the City Council of the City of Chula Vista, California,
did, pursuant to the provisions of the "MunicipaIlmprovement Act of 1913", being Division 12
of the Streets and Highways Code of the State of California, and as amended, adopt its
Resolution of Intention No. , for the acquisition of certain public improvements,
together with appurtenances and appurtenant work in connection therewith, in a special
assessment district known and designated as Assessment District No. 94-1 (EastLake Greens II)
(hereinaf1er referred to as the "Assessment District"); and,
WHEREAS, said Resolution of Intention, as required by law, did direct the appointed
Superintendent of Streets to make and me a "Report", consisting of the following:
a. Plans;
b. Specifications;
c. Cost estimate;
d. Assessment diagram showing the Assessment District and the subdivisions of land
contained therein;
.~ e. A proposed assessment of the costs and expenses of the acquisition of the works
of improvement levied upon the parcels and lots of land. within the boundaries of
the Assessment District.
For particulars, reference is made to the Resolution of Intention as previously adopted.
NOW, THEREFORE, the undersigned, pursuant to the "Municipa1lmprovement Act of 1913",
does hereby submit the following: '
1. I, pursuant to the provisions of the law and the Resolution of Intention, have usessed the
costs and expenses of the acquisition of the works of improvement to be performed in
the Assessment Disttict upon the parcels of land in the AsRSSJDrnt Disttict benefitted
thereby in direct proportion and relation to the estimated benefits to be received by each
of said parcels. For particulars IS to the identiflC8tion of said parcels, reference is made
to the Assessment Diagram, a copy of which is 11t1Icl1ed hereto.
2. As required by law, a Diagram is hereto attached, showing the Assessment Disttict, as
well as the boundaries and dimensions of the respective parcels and subdivisions of land
within said Assessment Disttict IS the same existed at the time of the p'fS"ge of said
Resolution of Intention, each of which subdivisions of land or parcels or lots respectively
have been given a separate number upon said Diagram and in ~d Assessment RoII.
. ~ ?-);
WPC N:'H0NE'£NGIND1\1175.94 Page 10
--~""--"~""-'~---'---~---"-~--"~'----"'- --------- -------.. - ----_.,,-----_..__.,...~--~._~~-
3. The subdivisions and parcels of land the numbers therein as shown on the respective
Assessment Diagram as attached hereto correspond with the numbers as appearing on the
Assessment Roll as contained herein.
4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10
of the Streets and Highways Code of the State of California (the "Improvement Bond Act
of 1915"), to represent all unpaid assessments, and the list installment of said bonds shall
mature a maximum of thirty-nine (39) years from the 2nd day of September Dext
succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate
not to exceed the current legal maximum rate of 12% per .nnllm.
·5. By virtue of the authority contllinPñ in said "Municipal Improvement Act of 1913", and
by further direction and order of the legislative body, I hereby make the following
Assessment to cover thè costs and expenses of the acquisition of the works of
improvement for the As~ssmcnt District based on the costs and expenses as set forth
below:
As Jlr'l!limbvlII'Ìly
Approved As Confirmed
Estimated Cost of Acquisition $5.915,064
Less Developer Contribution (108,960)
Incidental Cost 937,357
Cost of Issúance 1,190, 022
Balance to Auef- 7,933,483
,.
For particulars as to the individual ap~$'Dmts and their descriptions, mcrcncc is made
to the Exhibit attached hereto.
6. The Method of !;:.-...tf of A~"""ent is as set forth in Exhibit "A", which is attached
hereto, referenced and so incorporated.
Dated: .1995
Superintendent of Streets
City of Chula Vista
State of California
1:> ~ 7-ftJ
WPC M:\IIONEIENOINI!ERII175.94 ,,- P8¡ell
ASSESSMENT ROLL
rellmlnary
Imt# APN II Dllcrl Ion ner Assessment
1 Map 13180 , Lot 1 I Chula Vista 1$0
Elementary
School District
Map 131 0
Lots 2 through 7
& W/y Remainder
Map 17476 $3,774,596
Parcel 1, 2 & W/y $710,961 (TDIF)
and E'/y Remainder
643-030-08 $710,478
1, 1
$167,228 (TDIF)
643-070-04 $559,113
$463,986
~ 14 r95-32D-16 I IEaaUake Counby I$~ I I
Club Plrtnershlp (Developer
ContrIbution)
I~ I£~t: IMap 13155 1= =;~1~$214.194 I I
183-90 I I I Numbers not Used I I
1""'4; 1= IMç "'61 1='" 1";; I I
S7." ...,
~ ?- 'II P;tjC- I ¿
.
,~.".,..--._..----",-- u.___ -----.....-..-...------'--------------- _ _"_.0.__ __..·.___...._.._·.m·'__·__·. __.____._____.,..~__..____.___.__________~,_____~_
EXlDBIT "A"
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that as~ssments, as levied pursuant to the provisions
of the "Municipal Improvement Act of 1913", must be based on the benefit that the properties
receive from the works of improvement to be acquired or constructed. The statute does not
specify the method or formula that should be used in any special assessment district
proc~;ngs. The responsibility rests with the Assessment Engineer, who is appointed for the
, purpose of making an analysis of the facts and determining the correct apportionment of the
assessment obligation.
The Assessment Engineer makes his recommendation at the public bearing on the Assessment
District, and the final authority and action rests with the City Council after hearing all
testimony and evidence presented at the public hearing. At the conclusion of the public
hearing, the City Council must take the fina1 action in determining whether or not the
assessment spread has been made in direct proportion to the benefits received.
. First of all, it is neœssary to identify the benefit that the public improvement will render to the
properties within the boundaries of the A-""'ent District. The overall benefit derived by the
,properties within the proposed boundary of the assessment district is the construction of the
~ public improvement which will enable the propcrt)' to develop. The public improvements have
"been previously itemized within Part n, E,nmllte of Cost..1IDd relate to the following:
, .c
r:1 Street improvements consisting of pading, base, paving, curb, ptter, IidewaIk. street
~, . lighting and IIntl""BpiDg within the following rights-of-way:
a. South Greensview Drive - from Cubhouse Drive to Unit 6 CDtrance (2,400 L.F.,
Phase I).
b. South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.F.,
Phase 2).
c. Soutli Greensview Drive - from Unit 6 CDtrance to Silverado Drive (1,920 L.F.,
Phase 3).
2. Utilities and underground improvements con,,;..nl\g of potable water facilities, storm
drain facilities, sewer facilities, reclaimed water facilities, electric fllcilities, telephone
fllcilities, and gas facilities as Bþþi opriate within the following rights-of-way:
a. South Greensview Drive - from Cubhouse Drive to Unit 6 entrance (2,400 L.F.,
Phase 1).
b. South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.F.,
Phase 2).
., 1)~?-fd-
WPC M:\IIONEIENGINEEIlII175.!14 ? Page 13
c. South Greensview Drive - from Unit 6 entrance to Silverado Drive (1,920 L.F.,
Phase 3).
3. DIF funded street improvements consisting of grading, storm drain, base, paving, curb,
gutter, sidewa1k, medians, street lighting, landscaping and street monumentation within
the following rights-of-way:
a. Hunte Parkway - from Clubhouse Drive to South Greensview Drive (2,300 L.F.,
Phase 2).
.
b. Hunte Parkway - from South Greensview to Orange Avenue (1,270 L.F., Phase
2).
4. DIF funded street and underground improvements consisting of grading, and storm
drain improvements within the following rights-of-way: .
.
a. Orange Avenue - from Hunte Parkway to the SDG&E easement (3,500 L.F.,
Phase 2).
Permitted land uses within the Assessment District include residential single family (detached
and attached units) and non-residential uses (the golf course located in the Eastlake Greens).
Master facility plans/studieS prepared by NBS/Lowry for water, wastewater and reclaimed
water and the Eastlake Development Feasibility and Financing Plan were used as a basis for
the spread methodology developed herein. Use factors established by the various studies were
incorporated into the spread formula and reference is hereby made to the Ayy,oprlate study for
a detailed analysis of the facility, Ref~ is also made to the Asw-mt District Pngineer's
reports for Assessment District 85-2, 86-1, 90-3 and 91-1 which previously ti.mded IlÌmil"r
facilities in the Eastlake area.
The Assessment method and formula is based on the ultimate land use contained in the Land
Use Element of the City of Chula Vista and more specifically in the following documents:
Greens II. The approved Tentative Map No. 88-3 for the Eastlake Greens development and
the amendment to the Eastlake Greens Oeneral Development Plan SPA Plan and tentative map.
P"",I8ke Trails. Eastlake II Oeneral Development Plan .
Parcel R-26. General Plan Amendment No 93-04.
In further mAlcing the analysis, it is necessary that the ploperty owners receive a special and
direct benefit c1istinguished from that of the general public. In this case, an in-depth analysis
was made, and several factors described below Ire being used in the final method and spread
and lSSC'ument.
'b~ ?-~1
WPC M:IIIOME\ENGINEEIlIII7'.1J4 . /' Page 14
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___,,___~_ _ _____._.._._._~.._.. ,.._______""____._._______n___.___. ._...._._w·____.. __,______
SPREAD METHODOLOGY
A. Domestic Water (980 Pressure Zone)
The Water Subarea Master Plan and the Eastlake Feasibility and Financing Plan are
the basis for the spread methodology used herein. The waterline to be funded by AD
94-1 is a component of the 980 pressure zone water system that will provide service to
the whole Eastlake Development (Greens D, Trails, Business Center, Woods and
Vistas). Six distribution lines comprise the backbone system that is the main supply
of water to the Eastlake area (See Exhibit I). Only the improvements located along
South Greensview Drive that will provide 1000,4 service to the Greens D are included
in AD 94-1 (see Exhibit 2). The R'····..'.."mts were -nmAtI'(! as the lesser of the
following:
. The cost of the ultimate improvements required to serve the whole Eastlake .
Development (excepting those improvements already funded through AD 90-3)
spread among all the Eastlake properties remaining for development ( Greens D,
Trails, Vistas, Woods, OTC md Business Center D).
. The cost of the improvements proposed to be finAn~ by AD 94-1 (providing
1000,4 service to the Greens D) spread among all the benefitting pi operties within
AD 94·1.
Appendix A "Cost Sharing Analysis" pi :seøts the calculation of the fair share of the
cost of the water improvements serving the Greens D.
The demand factors in Table I were used to spread the cost of the domestic water
improvements.
TABLE 1
WATER DEMAND FACTORS.
LAND USE EDU'S
Single family detached 1.0/DU
Single family attached O.8/DU
Golf course DO benefit
WPC N:\IIONE\ENQINEERIII7S.94 ~ 7-~)/ Page IS
. EXHIBIT 1
.
-
.
,--
.
<:
'f
N
I r-
.
_. .
L_
IIDdIt Ana ...mil .......
.
lÞcatlOD
1. .....~Dme
.
2. .. aru.,. A__
I. -,..' TII CIatIr IMp
.
.. ~1Mp
.. W...... IMp
" 0.., ŸIrII".
-
.. .. J;vrf 7~~
.
I,
~----
~ EXHIBIT 2
NOT TO SCALE ,
~ (ES
)..
I
~
q:
t'
SDG.t£
'-P'S£M£Nr. VI
" ~
"'-
"\.
"'-
"'-
~"'-
"'-",-
"'-
,
ORANGE
EAST " .
"
CÐ SOUTH GRE£NSV/EW DRIVE - CLUBHOUSE DRIVE TO
HUNTE fÞARKWA Y.
.
,., ?-Y'Þ
. DOMESTIC WATER SYSTEM
.
J.P.P.JR. FUNDED IN A.D. 94-1.
B. Reclaimed Water
The Reclaimed Water Use Study and the Eastlake Feasibility and Financing Plan are
the basis for the spread methodology used herein. The reclaimed water improvements
to be funded by AD 94-1 are part of the "backbone" system (see Exhibit 3) that will
be used for irrigation of public and private areas in the whole Eastlake Development
(Greens II, Trails, Business Center II, Woods, OTC and Vistas). Only the improvements
along South Greensview Drive providing 100% service to the Greens II are included
in AD 94-1 (see Exhibit 4). Table 2 summarizes how the cost were apportioned and
Table 3 list the population factors used in apportioning the cost of the public irrigated
areas (parks, schools, open space and fteeway interchange). The assessment were
estimated as the lesser of the following:
· The cost of the ultimate improvements required to serve the whole Eastlake
Development (excepting those improvements already funded by the existing
Assessment District No 90-3) spread among all the properties fC!ITIaining for
development (Greens II, Trails, Vistas, Woods, OTC, and Business Center II).
· The cost of the improvements proposed to be financed through AD 94-1 (providing
100 % service to the Greens II) spread among all benefitting properties within AD
94-1.
TABLE 2
BENEFIT APPORTIONMENT OF mE RECLAIMED WATER SYSTEM
IrrIpted area PereeDt or ToW Demand WIIo Beøeftts
Golf Course 12 Golf course
OTC 21 OTC,
Common area (Greens ß) 5.5 " Common area (Greens ß)
Private Park (Greens ß) 0.5 Residents of Greens n
Regional parks, schools, open 60 Residents of all Eastlake
space Development
Freeway Interchange 1 Alllmd uses in Eastlake
Development
SoIIIœ: EIøtIIke ~ - F.sibility IIId Fu....iDø Plan
~ 7~'i?
. - Page 18
WPC M:\IIOMElENOINEERIII7'.94
--.--- --- --.-....--.--...,- ,.~.~- ,-._-.. -..---..- -----_._--_._._---_._~.- -.-------.----..,...--.... - .--
---_._---~,_.-_.._-- -----
TABLE 3
POPULATION FACTORS
Land Use EDU's
Single family detached IIDU
Single family attached O.8IDU
1)~ 7-Y ð'
WPC M:\IIOME\ENOINEER\1175.94 - Psge 19
~ EXHIBIT 4
HOT TO SCALE
~K 5
SDG~E
~S£"£N¡: VI
, ~
,
"
,
,
~,
"
,
ORANGE
EAST .
CD SOUTH GREENSV/CW DRIVE - CLUBHOUSE DRIVE TO
HUNTE PARKWA Yo
l.." 7-¥
RECLAIMED WATER SYSTEM
EXHIBIT 3
---..
, 'f
N
. I ,
~
,
.
I
\
IaeIIt Ana I'MIIItJ Lecadoa .
LocadoD I
.
I. ... Go .... om.
2. .. 0Iuae A__ I
So TnIII Leop .
Co .... Leop
.. .............. "'--I
.. W.... EMt 1M,
.
,..
., .~7---50
- - - - -
C. Waste Water
-
The waste water facilities to be acquired through Assessment District 94-1 are shown
in Exhibit 5. They will only provide full service to the Greens II (excepting lot R-25
which would be served by the existing sewer in Eastlake Parkway).
The cost of sewer line is spread among all benefitting properties by the wastewater flow
factors as listed in Table 4.
TABLE 4
WASTEWAJER FLOW FACTORS
Land Use EDU'.
Single family detached IIDU
Single family attached O.8IDU
Golf Course No benefit
-
~
J)~ 7-'5/
WPC N:\HOME\ENGINEEIl\1175.!N /' Pl¡e22
- ----...------- -. .---- '--- - - -.---
--~~-----~~'--"-,._'---,.
~ 1
EXHIBIT 5
NOT TO SCALE
.
~ (ES
,
ORANGE
. EAST " .
"
~
(i) - SOUTHfJR££NSVlEW DRIVE.
<Z> - S£W£RUN£ IN LOTS R-n - R-S6.
.,,,p,L
. WASTEWATER SYSTEM
I='IINnl='n IN A n QA-1
D. Street ImDrovements
-
The streets and associated grading, landscaping, dry utilities, and storm drainage system
to be acquired through Assessment District 94-1 are shown in Exhibit 6. They will
provide full service to the Greens II area.
The storm drain facilities and associated detention· basins to be acquired through
Assessment District 94-1 are shown in Exhibit 7. The storm drain facilities are an
integra] part of the street network used to divert water ftom the street surface for safe
travel. The detention basins are required to allow the storm water flows collected in
the Greens II to be deposited in the downstream water courses without causing
flooding, erosion, or sedimentation problems.
The detention basins included in AD 94-1 are part of the overall storm water
management system serving the Eastlake Greens Development. The total cost of the
detention basin system allocated to the Greens II was esnmat...d as the lesser of the
following:
· The cost of all the improvements required to provide stormwater control to the
whole Eastlake Greens i.e, detention basins and Telegraph Canyon improvements
spread among all properties in the Eastlake Greens area.
· The cost of the two detention basins proposed to be included in AD 94-1
- . distributed among all properties within the AD 94-1 area of benefit. Appendix A
"Cost Sharing Analysis" t"~ts the calculation of the fair share of the cost of the
detention basins serving the Greens II.
The cost of these improvements is spread among all b....gfitting pIopertÌes using
"Average Daily Traffic" (ADT) generation factors published by the San Diego
Association of Governments (SANDAG). The ADT factors and associated land uses
are presented in Table 5.
..
TABLE S
AVERAGE DAILY TRAFFIC GENERATION FACTORS
LandUIIe £DU',
Single fBmily detached IIDU
Single fBmily attøched 0.8IDU
Golf course 0.8 EDU/ILftI
IThe 0.8 EDU/ecre IiIctor illIIed 0JJIy to aprad lite cost of lite draIII8ge ays1em. The IOIf course does DOt receive
- benefit tom South Greensview Dr. IIId usociated 1ladscapiDa. pdiD¡ IIId utilities.
'. b~ //5;
WPC M:\IION!II!NOIIŒÐ.\II''-'. .r Pa¡e 24
~- ~ --------
.--- -~-
¢ EXHIBIT 6
NOT TO SCALE
:
'^
~
lovE
ORANGE
, EAST " .
"
<D - SOUTH GREENSV/EW DRIVE - CLUBHOUSE DRIVE TO
HUNTE I'ARKWA Y.
'-', /-p.
'STREET IMPROVEMENT
J.P.P.JR. FUNDED· IN A.D. 94-1
- ~ EXHIBIT 7
LAKES
NOT 10 SCALE
SDG.t£
" ,S£M£NT- VI
~
"-
-
ORANGE
EAST "
<D SOUTH GR££NV/EW DRIVE.
.
® STOR"~RAINS IN LOTS R-n ~ R-S6.
@ DETENTION BASINS.
2'-\ 7 -;.>5'
.
STORM . DRAINAGE SYSTEM
~~~
E. Street imorovements elilZible for Develomnent Imoact Fee credit.
It is proposed that Hunte Parkway and East Orange Avenue (Exhibit 8) be financed by
assessments against parcels which receive a special. benefit from these street
improvements.
Hunte Parkway and East Orange Avenue are included in the City's Transportation
Development Impact Fee (1DIF) program. The same methodology used in the IDIF
program is used here to apportion the cost of these streets. Therefore, the assessment
levy is equal to the amount of the IDIF ($3,998ÆDU). The construction cost and
incidental expenses eligible for IDIF credit ($1,995,422) are shown in page 9. The
total dollar amount of the IDIF improvements is divided by $3,998 to obtain the total
number ofEDU's eligible for credit. This calculation results in a totaI of 499.10 EDUs.
. ~ 7-:Çt?
WPC N:\HOME\ÐIGINEERIlI75.94 , Paae 27
* EXHIBIT 8
NOT TO SCAI.[
i.AI<ES
SDG~E
"EASEMENT- VI
" ~
"
"
. ,
,
~,
"
,
þ.t/£
ORANGE
. EAST " .
"
CD - HUNTE PARKWAY. - CLUBHOUSE DRIVE TO
EAST ORANGE AVENUE.
(%) - EAST ORANGE AVENUE - S.Þ.G.E. EASEMENT TO
'}.-- f b- ~ HUNTE PARKWAY.
, DIF STREEETS
.I D D JO FUNDED IN A.D. 94-1
_._,--~-~_.-.~--
F. Incidentals
The cost of incidentals has been spread proportionately over the various improvements
in the proportion that the improvement bears to the total cost of improvements.
In conclusion, it is my opinion that the assessments for Assessment District No. 94-1
are spread in direct accordance with the benefits that the land within the district
boundary receives from the works of improvements.
. ..
DATED:
JOHN P. LIPPITT
SUPERINTENDENT OF STREETS
CITY OF CHULA VISTA
STATE OF CALIFORNIA
.
· .
·
· 1:>~ /~~
WPC M:\IIOMElENCllNl!aII175.94 /' Pa¡e 29
CREDIT FOR PRIOR CONTRIBUTIONS TO
EASTLAKE GREENS DEVELOPMENT
As previously mentioned the overall benefit derived by the properties within Assessment
District No. 94-1 (Eastlake Greens . Phase ll) is the construction of certain of those public
. improvements which are necessary in order to permit those properties to develop (the "East1ake
Greens Phase II Public Improvements"). The overall public improvements required to be
constructed in order that the properties within that portion of Asæ,sment District No. 94-1
known as East1ake Greens II may develop include a water system, sewer system, reclaimed .
water lines, dry utilities and street improvements (the "East1ake Greens Public Improvements").
The East1ake Greens Public improvements include not only the Eastlake .Greens Phase n Public
Improvements but also certain other public improvements (the "East1ake Greens Phase I Public
Improvements") previously financed ftom the proceeds of improvement bonds issued for
Assessment District No. 90-3 (Eastlake Greens - Phase I) (the "Assessment District No. 90-3
Improvement Bonds") The AsR,sment District No. 90-3 Improvement Bonds are secured by
.,_......'=11t liens on certain of the pIClperties within Assessment District No. 94-1 (Eastlake
Greens . Phase II) (the "Eastlake Greens Phase I Properties"). [Reference is make to the Final
R11gineer's Report for Assessment District No. 90-3 (Eastlake Greens - Phase I for a complete
description of the Eastlake Greens Phase I Improvements and the E~RtIAIe<: 'Greens Phase I
PJoperties.]. This report in on file at the Public Works Department.
The Eastlake Greens Phase I Properties have, by their participation in Asst""'!1ent District No.
90-3. (Eastlake Greens . Phase I) contributed to the acquisition and construction of the EastIake
Greens Public Improvements by providing for the acquisition by the City of the F-RtIAlee
Greens Phase I Public Improvements. Consequently the EastIake Greens Phase I Properties
shall receive a credit against their assessments for the Eastlake Greens Phase n Improvements
to be acquired through Asse'lS'l)ent District No. 94-1 (EastIake Greens - Phase n for their
contribution to the acquisition and construction of the Eastlake Greens Public Improvements.
Baed upon the fact that the construction of the Eastlake Greens Public Improvements is
required as a condition of development of any propmy within EastIake Greens and, therefore,
this condition of development will be satisfied as to all þtoperties within BaRtIAIe.. Greens, such
credit shall be calculated so that the aggregate lSæ",,'ent liens on the &otlAIc.. Greens Phase
I Properties are equal to the n-$'t'ent liens on equivalent 1'1 upe. ty within that portion of
EastIake Greens located in Assessment District No. 94-1 (EastIake Greens - Phase n) but not
within Eastlake Greens Phase I.
. bpðf 7/'>7
WPC M:\IIOME\ENOINEEllII175.94 or Page 30
"~-.-._~_.- -......-----.----... -~_.._-_.._-,-_._-_......._._,-. -----
ANNUAL APPORTIONMENT OF ASSESSMENT INSTALLMENTS
Under the provisions of the City of Chula Vista Assessment District Procedmal Ordinance (the
"ProCedural Ordinance"), the City Council may, in the Engineer's Report prepared pursuant to
Streets and Highways Code Section 10204 and the Procedmal Ordinance, establish an annual
method of apportionment of the as~"""'ent installments on the properties within an assessment
district.
While each of the properties within As~sment District No. 94-1 (Eastlake Greens - Phase II)
will, upon formation of the assessment district, confirmation of the assessmmts and ordering
. of the acquisition of the public improvement, receive the benefit described in "SPREAD
METHODOLOGY" above, the realization of such benefit, i.e., the ability of the properties to
be developed as a result of the construction of the public improvements to be financed, will
occur as such properties arc actually developed by the owners thereof. Those properties which
arc developed by their owners sooner than other properties will consequently rcaIizc their full
benefit sooner than those properties developing Iater in time. Therefore, in recognition of this
staggering of the realization of the benefit, the annual BP-'''''''ent installments will be
epportioned in accordance with the following procedure:
(1) The City Treasurer sha1I dctcrminc the amount DCCCSSIII}' to be collected from
annual assessment installments, taking into account other 1imds on band and available
for such purpose, to pay the principal of and interest on the outstanding improvement
bond of Assessment District No. 94-1 (EastIake Greens - Phase ll) during each fiscal
, year ("Annual Debt Service Requirement").
(2) Based upon the Annual Debt Service Requirement, the City Treasurer sha1I next
calculate the annual ISvo.""'o:nt install""",( for each parcel of land which bas been
created through the recordation of a final subdivision map or final parcel map
commonly referred to as I "Map" or for which a building permit bas been issued if such
parcel bas not been created through the recordation of IUCb a map ("Developed Parcels).
(3) To the extent that the aggregate __""lent in._IImP.nts for all Developed Parcels
(the "Developed Parcels' Aggregate As...."""ent Installments") is less than the Annual
. Debt Service Requirements for any fiscal year, the City Treasurer sha1I calculate annual
, lS~ssment installments for each ........ining parcel for which the ISsessment is unpaid
on a pro-rata basis among all such ........inil1g parcels (collectively, the "R.......inder
Parcels' Aggregate Annual AI'~ent Jœt.llments") 80 that the sum of the Developed
Parcels' Annual Aggregate ABsr"""'ent Installments plus the Ø.......inder Parcels'
Aggregate Annual As~"""'ent Installments equals the Annual Debt Service
Requirement for such fiscal year.
(4) To the extent that the Developed Parcels' Aggregate Annual Assessment
Installments exceeds the Annual Debt Service Requirement for any fiscal year, the City
. Treasurer sha1I reduce such Developed Parcels' Aggregate Annual Ass~s"""ent
Installments on a pro-rata basis 80 that the Developed Parcels' Aggregate Annual
Assessment Installments as modified will equal the Annual Debt Service Requirement
for such fiscal year. "DAZ ?---¿'O
WPC 1oI:_01NEER11175.94 Page 31
I, BEVERLY, A. AUTHELET, as CITY CLERK of the CITY OF CHULA VISTA,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram .
attached thereto, was filed in my office on the day of ,1995.
:
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
I, BEVERLY, A. AUTHELET, as CITY CLERK of the CITY OF CHULA VISTA,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram
attached thereto, was approved and confinned by the City Council of said City on the _
clay of .1995.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
I, JOHN P. LIPPIIT, as SUPERINTENDENT OF STREETS of the CITY OF CHULA
VISTA, CALIFORNIA, do hereby certify that the foregoing Assc"",ent, together with the
Diagram attached thereto, was filed in my office on the day of
__ 1995.
SUPERINTENDENT OF STREETS
CITY OF CHULA VISTA
STATE OF CALIFORNIA
,
1)~ 7~¿'/
. - Pa¡¡e 32
wrc M:~\1175.94
.. ____..._."_ ----~-_._--_.----" --_..._--~..._.__._- ____Un .__'..__._._____._ .' --. - --- -- ---_.-----------_._--~--,-_._~-~-
ENGINEER'S REPORT
PART IV
ANNUAL ADMINISTRATIVE ASSESSMENT
A proposed maximum annual assessment shall be levied on each parcel of land and subdivision
of land within the Assessment District to pay for the necessary costs and expenses incurred and
not otherwise reimbursed, resulting ftom the administration and collection of assessments
and/or from the Administration or registration of any bonds and reserve or other related funds.
This maximum assessment hereinafter set forth is authorized pmsuant to the provisions of
Section 10204 of the Streets and Highways Code of the State of California. Said annual
as.~'''''''ent shall not exceed 5% of annual installment per individual assessment, and said sum
shall only be collected to the extent monies are not available for these services ftom the sale
of bonds, or ftom any other source.
,
.
.
1)~ 7-¿;¿
WPC M:\HOMEIEIIOIllEERII175.94 ~. Paae 33
ENGINEER'S REPORT
- PART V
DIAGRAM OF ASSESSMENT DISTRICT
A full-size copy of the Assessment Diagram (18 inches x 26 inches) should be attached and
become a part of the Engineer's Report.
-
-
WPC M:\IIOMElENGINEERIII7'.94 , ~ ?r¿,7 Pl&e 34
--,....- .-, --------.-- -_._-_._.~~-----~----_..- _ _ ._.___._.__~__.u___._____._..,._._.____..___~.__.___.__
--~_.-
.
SHEET 1 OF 3
. AMENDED BOUNDARY MAP
(ACQUISITION)
ASSESSMENT DISTRICT 94-1
CITY OF CHULA VISTA, STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
EASTLAKE GREENS II
~
lIlT 111-":
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- MY . IL--.
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-
,
. SHEET 2 OF 3
AMENDED BOUNDARY MAP
(ACQUISITION)
ASSESSMENT DISTRICT 94-1
CITY OF CHULA VISTA. STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
EASTLAKE GREENS II
ØI ,..... Dr
LEGEND
¢ CD LOT -. _ 11111
G) -IT ....
!lOT TO SCALE
LOT 7
_ 11110
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LOT I
_11110
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LOTI
_11110
LOT Z
_ 11110
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_.____....___._._.,'. ,"'.__w,. ._.__.. ______
I
.
,
SHEET 3 or 3
. AMENDED BOUNDARY MAP
(ACQUISITION)
ASSESSMENT DISTRICT 94-1 .
CITY OF CHULA VISTA, STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
EASTLAKE GREENS II
¢
1m 111 ICALL
south GreenS'Ô'''' Or
.
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II I 111 11
II · III II
t7 7 III II
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II · lIS II
100 10 I" II
101 II 117 J7
102 II I. II
III II I" ..
leu I. IJO 40
IDS II 111 .,
III II 111 ..
107 17 111 ..
101 II 1'" ..
101 II III ..
"0 ID III ..
"' 11 117 ..,
"' II III ..
"' II III ...
II. .. 140 10
"' · I.' .,
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, 7~i¡'
ENGINEER'S REPORT
PART VI
DESCRIPTION OF WORKS OF IMPROVEMENT
The proposed works of improvement are generally described as follows:
, 1. Street improvements consisting of grading, base, paving, curb, gutter, sidewalk, street lighting
and landscaping within the folIowing rights-of-way:
a. South Greensview Drive - from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Phase
1).
b. South Greensview Drive - from Silverado Drive to Hunte Putway (3,400 L.F., Phase
2).
c. . South Greensview Drive - from Unit 6 entrance to Silverado Drive (1,920 L.F., Phase
3).
2. Utilities and underground improvements consisting of potable water facilities, itorm drain
facilities, sewer facilities, recI_inwI water facilities, electric facilities, te1ephoDe facilities, and
gas facilities as appropriate by applicable state and federal ._hat... within the following rights-of-
way:
a. South Greensview Drive - from CIubhouae Drive to Unit 6 eatrIDce (2,400 L.P., Phase
1).
b. South Greensview Drive - from Silverado Drive to Hunte Partway <3,400 L.P., Phase
2).
c. South Greensview Drive - from Unit 6 eatrIDce to Si1verado Drive (1,920 L.P., Phase
3).
3. DlF funded street improvements consisting of grading, storm drain, base, paving, curb, gutter,
sidewalk, medians, street ligJatil1g, '""'~ing and street mommv-,' ~IÍOD within the following
rights-of-way:
a. Hunte Parkway - from Clubhouse Drive to South Greensview Drive (2,300 L.P.; Phase
2).
b. Hunte Parkway - from South Greensview to Orange Avenue (1,270 L.P., Phase 2).
4. DlF funded street and undergrouDd improvements consisting of grading, and Itorm drain
improvements within the following rights-of-way:
a. Orange Avenue - from Hunte Parkway to the SDG&E easement <3,500 L.F., Phase 2).
1>~ 7--? ?
. ~ PAl. 35
WPC M:'BOME\EN0INEE1l\1175.94
-- --- --~ ".".-.---------- --...- _.."----_._._-_..._-"~-_..._------+..-- -
ENGINEER'S REPORT
DESCRIPTION OF RIGHTS-OF-WAY TO BE ACOUlRED
RIGHT-OF-WAY CERTIFICATE
STATE OF CALIFORNIA
COUNlY OF SAN DIEGO
CITY OF CHULA VISTA
The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURy that the following is all true
and correct.
At all times herein mentioned, the undersigned was, and now is, the duly appointed
SUPERINTENDENT OF STREETS of the CITY OF CHULA VISTA, CALIFORNIA.
That there have now been instituted prooeeðings under the provisions of the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code of the State ofCalifomia, for the
construction of certain public improvements in a special assessment district known and designated as
ASSESSMENT DIS1RICT NO. 94-1 EASTLAKE GREENS n (hereinafter m<òu..d to as the
. Assessment District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
(CHECK ONE)
[ ] L That all easements, rights-of-way, or land _sill)' for the accomplishment of the
worts of improvement for the lIbove referenced .....-....ent District have been obtained
and are in the possession of the City.
[x] b. That all easements, rights-of-way or land _slI")' for the accomplishment of the
works of improvement for the Ibove referenced Ar-....ent District have been obtained
and are in the possession of the City, EXCEPT FOR mOSE DESCRIBED IN
EXHIBIT . A· attached hereto, showing 1egaI description and mllpS of rights-of-way and
easements not yet obtained It this time.
It is fùrther acknowledged thIt works of improvement as proposed to be constnK:ted within said
Assessment District must be constructed within public rights-of-way, land, or easements as owned by
said City It the time of the CODStIUction of the worts of improvement, and the undersigned hereby
fùrther certifies thIt all rights-of-way neceSlry for the worts of improvement will be obtained and in
the possession of the City prior to the commencement of any construction.
EXECUTED this day of . 1995, It Chula Vista, California.
SUPERINTENDENT OF S1REETS
CITY OF CHULA VISTA
. STATE IF CALIFORNIA
p4ó 7 .-' t- ?'
. 1'8&. 36
WPC M:\IIONI!\ENOIIŒ11175.94
~ ~ES
IIOT TO SCAL£
~
SDG~E
" CASE",ENT- '^
" ~
.'l£
oRAHG£
LEGEND: £Ur
I':':':':':':":":':':':':':':~ SOUTH GREENSVlEW DRIVE - . . STREET RIGHT-OF-wAY AIm OPEN
EAST ORANGE AVENUE . 'SPACE EASEMENTS., '. . ._
BUNTE PARKWAY . - ','. __.._ " . . -
--.- $TOR", DRAIN AND SEWER £ASEI/ENTS ON
LOTS R-33 . 11-31.
~ DETENTION BASINS £A$£MENTS.
b- (b
, EXHIBIT A
J.'.'.JR.
;......
,
.' ~ 7~YtJ
ENGINEER'S "REPORT"
PART VI (C)
CERTIFICATION OF COMPLETION OF
ENVIRONMENTAL PROCEEDINGS
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
The undersigned, under penalty of perjury, CERTIFIES as follows:
1. That the undersigned is the person authorized to prepare and process all environmental
documentation as needed as it relates to the formation of the special assessment district
being formed pursuant to the prnvisions of the "Municipal Improvement Act of 1913",
being Division 12 of the Street and Highways Code of the State of California, said
special assessment district known and esignated as ASSESSMENT DISTRICf NO. 94-1
(Greens II) (hereinafter referred to as the "Assessment District").
2. The specific environmental pr~ings relating to this Assessmet District that have been
completed are as follows:
Adoption of Mitigated Negative Declaration IS-94-19 for the
Eastlake Greens GDP/SPA (City Council Resolution No. 17456)
Certification of Final Environmental Impact Report No. 864
Eastlake Greensrrrail (City Council Resolution No. 15197)
3. I do hereby certify that all environmental evaluation pJYV""""li11gS necessary for the
formation of the Assessment District have been completed to my satisfaction, and that
no further environmental prrv.....A;ngs are necessary.
EXECUTED this _ day of , 1995, at Chula Vista, California.
SUPERINTENDENT OF STREETS
CITY OF CHULA VISTA
STATE OF CALIFORNIA
P:\BONEIBNOINEBRILANDDEV\BNGRI'r.LDT
. ~ 7-g/
______._____M_.__ ______..____.,__~___._.____ .----.-.-.-------------- .-------------.----.--.-
\
\
\
\
COST S
. ~7~Ø
-
COST SHARING ANALYSIS
A. Domestic Water Svstem
The domestic water facilities to be installed along South Greensview Drive consist of 16 and
IO-inch water transmission mains. In accordance with the Domestic Water Master Plan
prepared by NBSlLowry, a 12-inch line (instead of a 16-inch) is required to serve the entire
Eastlake Development; the oversizing to 16-inch is due to dP.mAnds outside the Eastlake
Development. The percent share of the water improvements cost attributable to Eastlake is
based on the estimated construction costs, as follows:
12-mch Water Main Cost Estimate
llIIs. Description Qtï .1.lIIm Unit Price 12m!
I 2"ARV 11 Each $1,650 $18,150
I 2" B.D. 5 Each 700 3,500
I 12" Water Main 2,400 L.F. 27 64,800
1 10" Water Main 230 L.F. 26 5,980
1 4" B.D. 6 Each 1,300 7,800
1 Fire Hydrant (2-way) 8 Each 2,500 20,000
1 Connect to Existing Water 1 Each 2,500 2,500
1 10" Gate Valves 6 Each 1,175 7,050
1 12" Gate Valves 12 Each 1,500 18,000
2 10" Gate Valves 5 Each 1,175 5,875
2 4" B,O. 3 Each 1,300 3,900
2 Fire Hydrant (2-Way) 8 Each 2,500 20,000
2 12" Gate Valves 6 Each 1,500 9,000
2 10" Water Main 950 L.F. 26 24,700
2 12" Water Main 2,600 L.F. 27 70,200
2 2"B.0. 5 Each 700 3,500
2 2"ARV 7 Each 1,650 11,550
3 12" Gate Valves 4 Each 1,500 6,000
3 10" Gate Valves 2 Each 1,175 2,350
3 Connect to Existing Water 2 Each 2,500 5,000
3 Fire Hydrant (2-Way) 6 Each 2,500 15,000
3 10" Water Main 100 L.F. 26 2,600
3 12" Water Main 1,920 L.F. 27 51,840
3 2" B.D. 2 Each 700 1,400
3 2" ARV . I Each 1,650 1.650
Subtotal Domestic Water Syltem 382,345
Contingency (10%) 38.835
TOTAL DOMESTIC WATER SYSTEM $420,580
420,580 (12-inch)
East1ake Share = = 77%
547,475 (l6-inch)
M;\' . _1 \117'.94 , ..~ 7 &- <j' ;J
--.-.. ~..-.--.__._----_.....__.__._-_.. __..... _,·,"'u __~..- -------_._.._.__.._----_..,~._--
B. Detention Basins
In addition to serving the Greens II properties, the detention basin to be constructed in parcel
R-26 would also serve the future residence units on that parcel. The cost of the detention basin
to be allocated to the Greens II is calculated as follwos:
a) Maximum EDUs in R-26:
Single Family Attached 18 dulAcre X 14.5 Acres X 0.8 '" 208.8 EDUs
b) EDUs in Greens II:
Single Family Detached 949.0 du X 1 '" 940.0 "
Single Family Attached 582.0 du X 0.8 '" 465.6 "
Golf Course 56.6 Acres X 0.8 '" 45.3 "
TOTAL 1,459.9 EDUs
c) Total EDUs being served by the detention basin:
Total EDUs '" 208.8 + 1,459.9'" 1,668.7 EDUs
d) Greens D Share '" 1,459.9/1,668.7 '" 87%
.
.
.
~ 7~%'I
02-16-1995 04:13PM FROM Kðdl~-J~ns~n Johnson Bodn TO 6915171 P.02
- AîTACHMENT e
PRO fORMA CASH FLOW
. .SSUMPTIONS: DEBT
SERVICE
COST OF PROJECT 8,000,000 r 717,685 ,
PHASE 1 2,000,000 179,421
2 5,000,000 269,132
5 3,000.000 269,132
LEVEL
LOTS ASS,T DEBT 8.
LOTS AND ASS'T
PHASE 1 150 '0,000 '&17.11
2 SOO 10,000 897,11
5 350 10,000 897.11
TOTAL .00
CASH FLOW ASSUMES BONDS SOLD IN SERIES
CONSTRUOTION PHASE 1
PHASE LOTS VR 1 AS'T TOTAL
- ~"
: , 150 '&17,11 184.566.01
2 300 88,01 20,702,48
8 350 e9,01 24,1152.87
800.00 178,421.84
- CONSTRUCTION PHASE 2 2 VR AS'T TOTAL
PHASE
1 150 '07.1067 887,1067 134,666.01
2 SOO 80.00821 828.10 807.1067268,182.01
3 360 8&1.00621 69.16 128.1681 44,866.34
800.00 448.553,36
CONSTRUOTlON PHASE 3 S VA AS'T TOTAL
PHASE
1 150 8&17.11 897.11 134,566,01
2 SOO 89.01 828.10 897,11 26&1,132.01
II 350 69.01 59.15 768.95 897.Ù 313,987.35
800.00 ')-»5 17'17.685.37 ~
-, þ1
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1 SHEET 1 OF 3
AMENDED BOUNDARY MAP
(ACQUISITION)
ASSESSMENT DISTRICT 94-1
CITY OF CHULA VISTA, STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
EASTLAKE GREENS II
¢
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.~ DISTRICT NO. 114-1~ GIIEEHII.:..!..:rAS _ IY THE - - - DIS'IIIC1' IOUNDART
CITY COUNCIL or THE CITY 01' VISTA AT A _ HELD --
THIS DAY or .'--. ..... _ A .... or THE IIISTIICT
IY IIEIOWTION NO.
G) .._~ ......
.11_ t... 020 JI APN
CITY CLERK.
CITY or CItUIA VISTA
IllITE:
PUll II TIlE OFFICE or TIlE CITY CLEIII( or TIlE CITY or CNULA VISTA THE _ _ IWICELI AS _ _ON
.lIE AI IHOWN ON THE A___ ~ , itAlIC£&. IMPS
THIS DAY or ,.._- or THE CCIUIIT't' or .... _ STATE or _
.,,-
CITY CUIUC.
CITY or CNULA VISTA
PUll THIS _ DAY 01' ,'1_
IlIIIOIC I AT PAGE or...... or ASSESSIIOIT
IIISI1IICTS IN THE OFFICE or THE COUIlT't IIECOIIDEII or THE COUIlT't or .... IIECO, STATE or _....
_001II' J. SMITH
COUNTY _R
COUNT\' or .... DIEGO
IY // ~tl
.
_________~__..__.____'__.______________..._"________.__m___________ _____._______
- This Page
/
/
/
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. , /
, ~ ?~//
ORDINANCE NO. ,)..¡,.).~
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, ENACTING
THE CITY OF CHULA VISTA ASSESSMENT DISTRICT PROCEDURAL
ORDINANCE
WHEREAS, the City of Chula Vista (the "City") is a municipal corporation and charter city
duly organized and existing under a freeholders' charter pursuant to which the City has the right
and power to make and enforce all laws and regulations in respect to municipal affairs and certain
other matters in accordance with and as more particularly provided in Sections 3, 5 and 7 of
Article XI of the Constitution of the State of Califomia (the "Constitution") and the Charter of the
City (the "Charter"), and
WHEREAS, the City Council of the City, acting under and pursuant to the powers reserved
to the City under Sections 3, 5 and 7 of Article XI of the Constitution and the Charter, finds that
the public interest and necessity require the adoption of this ordinance to authorize, and establish
the procedure for, the formation of assessment districts within the City and the levy of
assessments therein and the issuance of improvement bonds therefor to finance certain public
improvements, and
WHEREAS, the City Council desires to establish procedures for the annual apportionment
of assessment installments in certain assessment districts, and
WHEREAS, the City Council did previously adopt Ordinance No. 2397 which established
specific terms and conditions for the acquisition by the City of improvements to be financed
through an assessment district formed pursuant to the Municipal Improvement Act of 1913, being
Division 12 of the Streets and Highways Code of the State of California (the "1913 Act"), and
WHEREAS, the provisions previously adopted in Ordinance No. 2397 have subsequently
been incorporated into the 1913 Act and the need for a separate provision for such acquisitions
no longer exists and the City Council desires to repeal Ordinance No. 2397.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1. Declaration of Policv. It is hereby declared to be the policy of the City to
permit the financing of the acquisition or construction of certain public improvements pursuant to
the procedure set forth in this Ordinance as well as by any other method permitted by law. This
Ordinance is enacted pursuant to the powers reserved to the City under Sections 3, 5 and 7 of
Article XI of the Constitution and the Charter.
SECTION 2. Short Title. This Ordinance shall be known and may be cited as the "City of
Chula Vista Assessment District Procedural Ordinance."
1
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Ordinance No.
Page Two
SECTION 3. Procedure. Whenever the public interest and necessity so require, the City
Council of the City may, acting under this Ordinance, undertake any of the procedures provided
for in the Improvement Act of 1911, being Division 7 of the Streets and Highways Code of the
State of California (the "1911 Act"), the Municipal Improvement Act of 1913, being Division 12 of
the Streets and Highways Code of the State of Califomia (the "1913 Act"), the Improvement Bond
Act of 1915, being Division 10 of the Streets and Highways Code of the State of California (the
"1915 Act") and the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the Streets
and Highways Code of the State of California (the "1972 Act"). The 1911 Act, the 1913 Act, the
1915 Act and the 1972 Act may be referred to herein collectively as the "Assessment Acts."
Except as otherwise provided in this Ordinance, the provisions of the Assessment Acts,
now in effect or as such laws may be amended from time to time, are hereby incorporated in this
Ordinance by reference and made a part hereof.
SECTION 4. Provisions Not Exclusive. The provisions of this Ordinance are not exclusive.
The powers conferred upon the City Council by the provisions of this Ordinance are in addition
to and supplemental to the powers conferred by the Charter and any other ordinance of the City
or by law. Additionally, the City Council may elect to follow the procedures now or hereafter
provided by general law , including without limitation the Assessment Acts; provided, however, that
whenever the City is acting pursuant to this Ordinance the provisions of this Ordinance shall be
controlling to the extent that they are in conflict with any of the provisions of such general laws.
SECTION 5. Amendments of Assessment Acts. Certain provisions of the Assessment
Acts, as incorporated herein, are amended as follows:
A. Streets and Highways Code Section 8680(a) is hereby amended to read as follows:
(a) The unpaid assessments shall be payable in annual installments corresponding
in number and proportionate amount to the number of installments and principal
amounts of bonds maturing or becoming subject to mandatory prior redemption in
each year pursuant to Section 8650.1. An annual amount of each assessment
shall be payable in each fiscal year preceding the date of maturity or mandatory
prior redemption date of each of the bonds which have been issued, sufficient to
pay the bonds when due. The annual amount collected each year need not be
equal in either amount or proportion for each parcel and may vary depending upon
such annual method of apportionment as may be set forth in the report prepared
pursuant to Streets and Highways Code Section 10204 and approved by the City
Council. The annual amount of each assessment coming due in any year, together
with the annual interest on the assessment, shall be payable in the same manner
and at the same time and in the same installments as the general taxes of the city
on real property are payable, and the assessment installments and the annual
interest on the assessment shall be payable and become delinquent at the same
2
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Ordinance No.
Page Three
times and in the same proportionate amounts and, except as provided in
subdivision (b). shall bear the same proportionate penalties and interest after
delinquency as do the general taxes on real property of the city.
SECTION 6. ReDeal of Ordinance No. 2397. Ordinance No. 2397 is hereby repealed and
shall be of no further force nor effect as of the effective date of this Ordinance.
SECTION 7. Effective Date. This Ordinance shall take effect and be in full force on the
thirtieth (30th) day after its adoption. Within fifteen (15) days of its adoption the City Clerk shall
cause this Ordinance to be published in a newspaper of general circulation in the City as required
by law.
Presented by:
John P. Lippitt, Director of Public Works
3
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RESOLUTION NO. J7lfJ ¡,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF CHULA VISTA,
CALIFORNIA, MAKING FINDINGS ON PETITION IN ASSESSMENT DISTRICT NO.
94-1 (EASTLAKE GREENS II)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has been
presented by certain property owners an executed Petition requesting the acquisition of certain
public improvements, together with appurtenances and appurtenant work in connection therewith,
said improvements to be installed pursuant to the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of
Califomia and the City of Chula Vista Assessment District Procedural Ordinance, in a speciai
assessment district known and designated as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE
GREENS II) (hereinafter referred to as the "Assessment District").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. That the above recitals are all true and correct.
2. That it is hereby found that said Petition has been signed by owners owning iand
constituting more than sixty percent (60%) of all assessable land within the boundaries of the
proposed Assessment District.
3. That said Petition, as filed and herein approved, meets all the requirements of Division
_ 4 of the Streets and Highways Code of the State of Califomia, said Division being the "Special
Assessment Investigation, Limitation and Majority Protest Act of 1931". No further proceedings
or limitations under said Act are applicable, as specifically set forth and authorized by Section
2804 thereof.
4. This legislative body hereby further finds and determines, based on written evidence
submitted, that the total estimated amount of the proposed assessments will not exceed seventy-
five percent (75%) of the estimated fair market value of the land proposed to be assessed after
the proposed public improvements shall have been acquired.
5. That it is hereby further determined and found that said Petition has been signed by not
only the property owners, as specified in Section 2804 of the Streets and Highways Code, but
also any mortgag~or beneficiary under any such existing mortgage or deed of trust', as required
by Section 2804.2-õf the Streets and Highways Code of the State of California.
6. That said Petition shall be retained as a permanent record and remain open to public
inspection.
Presented by ær
John P. Lippitt Bruce M. Boogaard
Public Works Director City Attorney
7ß~/
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Resolution No.
Page Two
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this day of , 1995, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Shirley A. Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. was duly passed, approved, and adopted by the City Council
of the City of Chula Vista, California at a regular meeting held on the _ day of - ,
1995. ~ -'
Executed this _ day of ,1995.
Beverly A. Authelet, City Clerk
70".:2-
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RESOLUTION NO. 173'17
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, CALIFORNIA, ADOPTING A MAP
SHOWING THE AMENDED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE
GREENS II)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has been
presented and has received a map showing and describing the amended boundaries of the area
proposed to be assessed in an assessment district under the provisions and authority of the
"Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the
State of Califomia; said assessment district known and designated as ASSESSMENT DISTRICT
NO. 94-1 (EASTLAKE GREENS II) (hereinafter referred to as the "Assessment District").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. That the above recitals are all true and correct.
2. That a map of the Assessment District showing the amended boundaries of the
proposed Assessment District and lands and property to be assessed to pay the costs and
expenses of the proposed improvements designated as "PROPOSED AMENDED BOUNDARIES
OF ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)" is hereby submitted, and the
" same is hereby approved and adopted.
3. That the original map of said proposed boundaries of the proposed Assessment District
and one copy thereof is to be filed in the Office of the City Clerk.
4. A certificate shall be endorsed on the original and on at least one copy of the amended
map of the Assessment District, evidencing the date and adoption of this Resolution, and within
fifteen (15) days after the adoption of the Resolution fixing the time and place of hearing on the
formation or extent of said Assessment District, a copy of said map shall be filed with the correct
and proper endorsements thereon with the County Recorder, all in the manner and form provided
for in Section 3111 of the Streets and Highways Code of the State of C lomia.
Presented by .~ -' :
John P. Lippitt Bruce M. Boogaard
Public Works Director City Attorney
7(;-/
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Resolution No.
Page Two
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this day of , 1995, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Shirley A. Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. was duly passed, approved, and adopted by the City Council
of the City of Ch~Vista, Califomia at a regular meeting held on the _ day of -'"
1995.
Executed this _ day of ,1995,
Beverly A. Authelet, City Clerk
. 7C ~tl--
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RESOLUTION NO. /7 ~J't'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING INTENTION WORK TO BE OF MORE THAN LOCAL OR
ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE
COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF
BONDS IN ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
1. The public interest and convenience require, and it is the intention of this body, pursuant
to the provisions of Division 12 of the Streets and Highways Code of the State of California (the
"Municipal Improvement Act 1913") and the City of Chula Vista Assessment District Procedural
Ordinance, to order the acquisition of certain public improvements, together with appurtenances
and appurtenant work, in a special assessment district known and designated as ASSESSMENT
DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter referred to as the "Assessment
District").
DESCRIPTION OF IMPROVEMENTS
A. The financing of the acquisition of certain public improvements described as street
improvements consisting of grading, base, paving, curb, gutter, sidewalk, street lighting and
iandscaping, utilities and underground improvements consissting of water, sanitary sewer, storm
.-drain, irrigation and public utilities facilities, together with appurtenances and appurtenant work,
to serve and benefit properties located within the boundaries of the Assessment District.
B, All of said work and improvements to be acquired are to be installed at the places and
in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades
and elevations as shown and delineated upon the plans, profiles and specifications to be made
therefor as hereinafter provided.
C. The description of the improvements contained in this Resolution is general in nature,
and the plans and profiles of the work a contained in the Engineer's "Report" shall be controlling
as to the correct and detailed description thereof.
.:1Þ: DESCRIPTION OF ASSESSMENT DISTRICT .-
. -
2. That said improvements to be acquired are of direct benefit to the properties and land
within the Assessment District, and this legislative body hereby makes the expenses of said work
and improvement chargeable upon a district, which is described as follows:
All that certain territory in the District included within the exterior boundary lines shown on
the plat exhibiting the property benefited and to be assessed to pay the costs and expenses of
the acquisition of said work and improvements in the Assessment District, said map titled
"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)",
and which map was heretofore approved and which said map is on file with the transcript of these
proceedings, EXCEPTING therefrom the area shown within the area of all public streets,
easements or public rights-of-way. For all particulars as to the boundaries of the Assessment
District, reference is hereby made to said previously approved boundary map.
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Resolution No.
Page Two
REPORT OF ENGINEER
3. That this proposed improvement is hereby referred to the ASSESSMENT ENGINEER,
who is hereby directed to make and file the report in writing containing the following:
A, Plans and specifications of the proposed improvements;
B. An estimate of the cost of the acquisition of the proposed works of improvement,
including the cost of the incidental expenses, in connection therewith;
C. A diagram showing the Assessment District above referred to, which shall also
show the boundaries and dimensions of the respective subdivisions of land within said
Assessment District, as the same existed at the time of the passage of the Resolution of
Intention, each of which subdivisions shall be given a separate number upon said Diagram;
D. A proposed assessment of the total amount of the assessable costs and expenses
of the proposed improvement upon the several divisions of land in proportion to the estimated
benefits to be received by such subdivisions, respectively, from said improvement. Said
assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof;
E. The description of the works of improvement to be acquired under these
proceedings.
When any portion or percentage of the cost and expenses of the improvements is to be
paid from sources other than assessments, the amount of such portion or percentage shall first
be deducted from the total estimated costs and expenses of said work and improvements, and
said assessment shall include only the remainder of the estimated costs and expenses. Said
assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to
Subsection D. of this Section.
~~ BONDS
.' -
4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest
at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued
hereunder in the manner provided in the "Improvement Bond Act of 1915", being Division 10 of
the Streets and Highways Code of the State of California, which bonds shall be issued not to
exceed the legal maximum term as authorized by law, THIRTY-NINE (39) YEARS from the
second day of September next succeeding twelve (12) months from their date. The provisions
of Part 11.1 of said Act, providing an alternative procedure for the advance payment of
assessments and the calling of bonds shall apply.
The principal amount of the bonds maturing each year shall be other than an amount
equal to an even annual proportion of the aggregate principai of the bonds, and the amount of
principal maturing in each year, plus the amount of interest payable in that year, will be generally
an aggregate amount that is equal each year, except for the first year's adjustment.
711'.2
-.-.-.- ______ - _.__u. "_,..__._._.,.,.._____._"...~.__....,_ __.,..__ '0"__-_""-"-" . .,.-.--..--..-.........-----,.--..--.-.-..-----.
Resolution No.
Page Three
Pursuant to the provisions of the Streets and Highways Code of the State of CaJifomia,
specifically Section 10603, the Treasurer is hereby designated as the officer to collect and receive
the assessments during the cash collection period. Said bonds further shall be serviced by the
Treasurer or designated Paying Agent.
"AUTHORITY"
5. That except as herein otherwise provided for the issuance of bonds, all of said
improvements shall be acquired pursuant to the provisions of the "Municipai Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the State of California, and, upon
its effective date, the City of Chula Vista Assessment Distrsict Procedural Ordinance.
SURPLUS FUNDS
6. That if any excess shall be realized from the assessment, it shall be used, in such
amounts as the legislative body may determine, in accordance with the provisions of law for one
or more of the following purposes:
A. Transfer to the general fund; provided that the amount of any such transfer shall
not exceed the lesser of One Thousand Dollars ($1,000,00) or five percent (5%) of the total from
"the Improvement Fund;
B. As a credit upon the assessment and any supplemental assessment;
C. For the maintenance of the improvement; or
D. To call bonds.
SPECIAL FUND
7. The legislative body hereby establishes a special improvement fund identified and
designated by the name of this Assessment District, and into said Fund monies may be
transferred at any.JiIDe to expedite the making of the improvements herein authorized, and any
such advancemerW'of funds is a loan and shall be repaid out of the proceeds of the sa:re of
bonds as authorized by law.
7 j)~ J
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-
Resolution No.
Page Four
PROCEEDINGS INQUIRI ES
8. For any and all information relating to these proceedings, including information relating to
protest procedure, your attention is directed to the person designated below:
DONNA SNYNDER
ASSESSMENT DISTRICT COORDINATOR
CITY OF CHULA VISTA
P. O. BOX 1087
CHULA VISTA, CA 91910
TELEPHONE: (619) 691-5266
Written protests should be addressed to the City Clerk and mailed to the address listed above.
PUBliC PROPERTY
9. All public property in the use and performance of a public function shall be omitted from
assessment in these proceedings unless expressly provided and listed herein.
ACQUISITION
10. The public interest, convenience and necessity requires that certain land, rights-of-way
or easements be obtained in order to allow the works of improvement as proposed for this
Assessment District to be accomplished. The Engineer's "Report", upon adoption, shall set forth
general description of the location and extent of easements and/or land necessary to be acquired.
NO CITY LIABILITY
11. This legislative body hereby further declares not to obligate itself t advance available
funds from the Treasury to cure any deficiency which may occur in the bond redemption fund.
This determination is made pursuant to the authority of Section 8769(b) of the Streets and
Highways Code o~ State of Califomia, and said determination shall further be set forth if1"!he
text of the bonds issued pursuant to the "Improvement Bond Act of 1915".
PETITION
12. A petition signed by property owners representing more than 60% in area of the property
subject to assessment for said improvement has been signed and fiied with the legislative body,
and no further proceeding or actions will be required under Division 4 of the Streets and Highway
Code of the State of California, the "Special Assessment investigation, Limitation and Majority
Protest Act of 1931".
7[)~1
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Resolution No.
Page Five
ANNUAL ADMINISTRATIVE ASSESSMENT
13. It is hereby declared that this legislative body proposes to levy an annual assessment
pursuant to Section 10204 of the Streets and Highways Code of the State of California, said
annual assessment to pay costs incurred by the City and not otherwise reimbursed which resuit
from the administration and collection of assessments or from the administration or registration
of any associated bonds and reserve of other related funds.
UTILITY IMPROVEMENTS
14. It is the intention of this legislative body to enter into agreements with certain public utility
companies or public agencies where facilities to be assessed wili be owned, managed and
controiled by utility or agency other than this legislative body. For particulars, reference is made
to said Agreements which shall be on file and open for public inspection, which said Agreements
will be approved prior to the ordering of any work. Ail Agreements are authorized by and shall
be consistent with the provisions of Streets and Highways Code Section 10t10.
Presented by
.
John P. Lippitt Bruce M. Boogaard
Public Works Director City Attorney
d§ '.-
71)-5
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Resolution No.
Page Six
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this day of , 1995, by the following vote:
AYES: Council members:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Shirley A. Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. was duly passed, approved, and adopted by the City Council
of the City of Chula Vista, California at a regular meeting held on the _ day of
1995. ~ ..... -
Executed this _ day of ,1995.
Beverly A. Authelet, City Clerk
7P"¿'
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-_.._._,.-,----.._~--_..__.... .."--.,,.- _...__."....._ ......_mo·__.....·.·_._'._m ...'m___.....,,·____~_.____._~_.
RESOLUTION NO. /78'11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING
PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC
HEARINGS FOR ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS)
WHEREAS, the CITY COUNCIL of the CITY OF §, CALIFORNIA, has instituted proceedings
for the installation of certain public works of improvement and appurtenances under provisions
of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code
of the State of Califomia and the City of Chula Vista Assessment District Procedural Ordinance,
in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 94-1
(EASTLAKE GREENS 11) (hereinafter referred to as the "Assessment District"; and,
WHEREAS, there has been prepared and filed with the legislative body a "Report" provided
for in Sections 10203 and 10204 of the Streets and Highways Code of the State of California, and
this "Report" has been presented for consideration; and, ..
WHEREAS, a Resolution of Intention for this improvement was previously adopted by the
legislative body; and the "Report" as now presented shall stand as the "Report" for the purpose
of subsequent proceedings hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
i. That the above recitals are all true and correct.
2. That the "Report" of the Engineer referred to hereinabove is considers adopted, passed
upon, and preliminarily approved, as follows:
A. That the plans and specifications for the proposed improvements to be made,
contained in said "Report" be, and they are hereby preliminarily approved and adopted;
B. That the Engineer's estimate of the itemized and total costs and expenses of said
acquisition, where necessary, and improvements, and of the incidental expenses in connection
therewith, contained in said "Report", be, and each of them are hereby preliminarily approved and
adopted;
.-§-- .:
C, That the diagram showing the Assessment District referred to and described in
said Resolution of Intention, and also the boundaries and dimensions of the respective
subdivisions of land within said Assessment District, as the same existed at the time of the
passage of said Resolution of Intention, each of which subdivisions have been given a separate
number upon said diagram, as contained in said "Report", be, and it is hereby preliminarily
approved and adopted;
D. That the proposed assessment upon the several subdivisions of land in said
Assessment District, in proportion to the estimated benefits to be received by such subdivisions,
respectively, from said acquisition and improvements, and of the incidental expenses thereof, as
contained in said "Report", be, and they are hereby preliminariiy approved and adopted;
7£'/
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Resolution No.
Page Two
E. That the maps and descriptions of the lands and easements to be acquired, as
contained in said "Report" be, and the same are hereby preliminarily approved.
3. That said "Report" shall stand as the Engineer's "Report" for the purpose of all
subsequent proceedings had pursuant to said Resolution of Intention.
4. NOTICE IS HEREBY GIVEN THAT TWO (2) PUBLIC HEARINGS ARE HEREBY
SCHEDULE IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE
FOLLOWING DATES AND TIMES:
A. FIRST PUBLIC HEARING: APRIL 4, 1995 AT 4:00 P.M.
B. SECOND PUBLIC HEARING: APRIL 18, 1995 AT 6:00 P.M..
ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR
ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED
GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR
CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF iNTENTION AND THE
"REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE
,'DELIVERED TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC
HEARING.
5. That the City Clerk is hereby directed to mail notice of said Public Hearings and the
adoption of the Resolution of Intention and of the filing of the "Report" to all persons owning real
property proposed to be assessed, whose names and addresses appear on the last equalized
assessment roll for County taxes prior thereto, or as known to said City Clerk, and to all other
persons as prescribed in accordance with the provisions of said Division 12.
6. That the City Clerk is hereby further directed to file a copy of the proposed boundary
map in the Office of the County Recorder within fiffeen (15) days of the adoption of the proposed
boundary map; said boundary map to be in the manner and form as set forth in Division 4.5 of
the Streets and H~ays Code of the State of California. . ;:
Presented by
John P. Lippitt Bruce M. Boogaar
Public Works Director City Attorney
7£--'-
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Resolution No.
Page Three
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this _ day of ,1995, by the following vote:
AYES: Council members:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Shirley A. Horton, Mayor
ATTEST:
" Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. was duly passed, approved, and adopted by the City Council
of the City of Chula Vista, Califomia at a regular meeting held on the _ day of ,
1995.
:::§- ._,
Executed this _ day of ,1995.
Beverly A. Authelet, City Clerk
7 E,:J
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CERTIFICATE OF SUFFICIENCY OF PETITION
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
The undersigned hereby CERTIFIES as follows:
That I am the duly appointed SUPERINTENDENT OF STREETS of the CITY OF CHULA VISTA,
CALIFORNIA.
That on the day of , 1995, I reviewed a Petition for the formation of an
Assessment District for certain pubiic works of improvement, together with appurtenances,
appurtenant work and acquisition, where necessary, in a special assessment district known and
designated as ASSESSMENT DISTRICT NO, 94-1 (EASTLAKE GREENS II) (hereinafter referred
to as the "Assessment District"), a copy of which is on file in the Office of the City Clerk.
That I caused said Petition to be examined and my examination reveaied that said Petition has
been signed by property owners representing more than sixty (60%) percent of the assessable
area of lands within the boundaries of the proposed Assessment District, all as prescribed by
Sections 2804 and 2804.5 of the Streets and Highways Code of the State of California ("Special
> > Assessment Investigation, Limitation and Majority Protest Act of 1931 ").
That said Petition did represent (_%) percent of the assessable area of
property within the boundaries of the Assessment District.
That said Petition meets the requirements of Sections 2804 and 2804.5 of the Streets and
Highways Code of the State of Califomia.
That written evidence has been submitted indicating that the total estimated amount of the
proposed assessment will not exceed seventy-five percent (75%) of the estimated fair market
value of the lands proposed to be assessed after the proposed public improvements have been
constructed as required by Section 2804.1 of said Streets and Highways Code.
,.~ ..' ....,..
Executed this -=::. day of , 1995, at Chula Vista, California.
SUPERINTENDENT OF STREETS
CITY OF CHULA VISTA
STATE OF CALIFORNIA
7E,¥
- "-_. . --- .~- - ~._.__..._-~---"-_...- ----- ----...-,......--.-.
COUNCIL AGENDA STATEMENT
Item Ý
J7Y,?O Meeting date 2-28-95
Item TItle: Resolution executing an agreement with the Air Polluti'on Control District for the
purchase of a retrofitted electric shuttle; appropriating $20,000 in grant funding to the Energy
Conservation Fund and approving budget for same; waiving the competitive bidding
requirement and authorizing the expenditure of $20,000 for the ElekTruk.
Submitted by: Barbara Bamberger, Environmental Resource Mana~~
61;/ .'
Reviewed bv: John D, Goss, City Manager J,.¡ it (4/5 Vote: Yes ~ No.J
On November 5, 1993, the Council accepted $20,000 in grant funding from the Air Pollution Control District
(APCD)and $10,000 in grant funding from the California Energy Commission (CEC) toward the purchase of an
electric shuttle to service the telecenters. On September 27, 1994, (minutes on attaclunent 2) Council approved
purchase of this vehicle for a total cost of $30,000, and execution of a contract with a Chula Vista company
ElekTruk; total funding for the vehicle has been allocated from two grant sources, $10,000 from the CEC and
$20,000 from the APCD, respectively. Council action secmes the APCD grant contract and sets forth the terms
and conditions for receipt of such funds. Council approved a contract for $10,000 from one grant source; this
resolution authorizes expenditure of the balance to purchase the electric shuttle.
This project will be part of the City's overall effort toward development of a comprehensive energy conservation
and air quality improvement program and is consistent with the City's C02 Reduction and Greenfleets programs.
RECOMMENDATION: Approve resolutions.
BOARDS/COMMISSION RECOMMENDATIONS: N/A
DISCUSSION
In conjunction with the Cityls ongoing efforts to be energy conscious and to promote programs for ongoing
market development efforts such as the Border Environmental Commerce Alliance, staff recommends
authorization of an agreement with the APCD for, and appropriation of, $20,000 in Energy Conservation Funds
to purchase an electric shuttle van. Residents of the City will benefit from the reduction in vehicle exhaust that
will occur by offering access to the shuttle, and businesses will benefit through development and promotion of
an emerging electric vehicle market.
Staff has proposed, and Council approved, conversion of a passenger van to an electric shuttle that will be used
to transport telecenter participants to and from Chula Vista's Neighborhood Telecenters, The electric shuttle will
be a converted passenger minivan with one wheelchair restraint system and will meet the American with
Disabilities Act (ADA) requirements. The shuttle, developed by a local company, ElekTruk will employ several
innovative features in its design, including an "opportunity-charging" system that will reduce charging time and
increase vehicle range significantly. When fully operational, this program is expected to daily displace 88 single
occupancy vehicles per week from Chula Vista roads and provide air quality improvements and decreased
transportation energy use.
Staff is recommending waiving the bidding requirements because the contract is based upon an agreed scope of
work which includes purchasing the vehicle from ElekTruk. The vehicle will be driven and housed by the San
Diego Conservation Corp. The Conservation Corp. will schedule shuttle routes for telecenter users.
1
7"/
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ITEM ~
Date 2/28/95
The cost of the shuttle is $30,000 - $20,000 was allocated from Air Pollution Control Board in September 1993
and $10,000 from the CEC in October 1994. The shuttle is in the process of being retrofitted. Once the vehicle
is completed and operational, and the contracts approved by the City, the City will take over ownership and
operation.
Specifications for the electric shuttle are as follows:
Vehicle: Converted 8 passenger minivan, one wheelchair restraint system with wheelchair ramp.
Top Speed: 50 miles per hour
Range: 50 miles - by employing opportunity charging system, the vehicle can travel 5-6 round trips to
Eastlake from the Telecenter per day.
Charging: 2-4 hours using an automated "electric vehicle refueling system" (i.e. opportunity charging)
Batteries: US Battery
Motor: 27-7 Horsepower direct current motor, Advance DC motors
Staff anticipates the following goals will be achieved regarding air quality improvements and cost effectiveness
by:
maintaining a log of all trips generated and all gasoline powered vehicular trips that are replaced with shuttle
trips and calculating savings based upon our records. Based upon the original gas mileage of the vehicle prior
to being retrofitted, the City anticipates saving PER MILE:
· ,6 gmlmi hydrocarbons
· 9 gm/mi Carbon Monoxide
· 2 gmJ mi Nitrogen Dioxide
Emissions reduced per 15,000 miles is:
· 135 Kg CO
· 9 Kg of hydrocarbons
· 30 Kg NO,
Emissions reduced per 6 year life span:
· 810 Kg of CO
· 54 Kg of hydrocarbons
· 180 Kg NO,
These savings do not include emissions reduced from a maximum of 40 cold starts, approximately 20 passengers
per day,
State and Federal Re!lUlations Reeanline Alternative Fuels and Citv Aeet Vehides
State and Federal regulations will bolster the alternative fuel market and change future fleet procurement
practices. For example. the 1990 California Air Resources Board (CARB) Regulations, also known as the
2
g",.).,
~-'-"-- ------..-----..---.- ---....--...---.--...-.--.".-.-.. - --..... - -_._--_..__.~_.__.-.-_.--.._._._----..__._._._--_.-
ITEM </ 3
Date 2/28/95
California Low Emission Vehicle program, mandates the most stringent clean vehicles program in the world. It
is the most important piece of legislation promoting alternative fnel vehicles. CARE requires that by 1997, at
least 2% of all cars and light duty trucks sold by each auto maker in California must be ultra low emission
vehicles (ULEV); and by 2003, at least 15% of cars and light duty trucks sold must be ULEV. Both CNG and
electric vehicles meet the ULEV definition. CARB also requires that at least 10% of all cars and light duty
trucks sold by 2003 must be zero emission vehicles (ZEV). Of existing technologies, only electric vehicles meet
the ZEV definition. Promoting alternative fuel vehicles will lessen the future impacts of this mandate and assist
with alternative fuel vehicle penetration and acceptance,
The Federal Energy Policy Act (FEPA) of 1992 also requires an alternative fuels program, FEPA mandates that
20% of municipal fleets must be converted to alternative fuels beginning 1998.
Fiscal ImDact
The City will receive $20,000 in grant funding to be appropriated to the Energy Conservation Fund and
budgeted in account 280-2804 for the Alternative Fuels Retrofit Program, This grant will be used to supplement
$10,000 of California Energy Commission funds to retrofit a van (total cost is $30,000) to electric power, The
electric shuttle will provide a transportation service for the City!s Neighborhood Telecenter. The Telecenter will
operate the van to shuttle patrons to and from the center. ElekTruk will maintain the vehicle for the first year,
maintenance for year two and beyond will cost the City an additional $1,200 per year, if the City elects to
contract with ElekTruk for ongoing maintenance after the first year. If the City chooses not to renew its
maintenance contract, Public Works will continue to maintain the vehicle. Staff will return with
recommendations budgeting maintenance for year two.
TABLE I - Energy ConseNation Budget
Account # 280-2804
Energy ConseNation Fund - Alternative Fuels
Retrofit Prog"""
Account #280-2804 - $20,000
OBJECT ACCOUNT ITEM AMOUNT
5565 Purchase of Electric Shuttle $20,000,00
I TOTAL i I $20,000.00 I
Attachments:
Attachment I - Electric Shuttle Specifications
Attachment 2 - Minutes from September 1994 Council meeting
Attachment 3 - Contract with APCD
~<J
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-,-~--~-
RESOLUTION NO. 171':1.0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
AIR POLLUTION CONTROL DISTRICT FOR THE
PURCHASE OF A RETROFITTED ELECTRIC SHUTTLE¡
APPROPRIATING $20,000 IN GRANT FUNDING TO THE
ENERGY CONSERVATION FUND AND APPROVING BUDGET
FOR SAME¡ WAIVING THE COMPETITIVE BIDDING
REQUIREMENT AND AUTHORIZING THE EXPENDITÜRE OF
$20,000 FOR THE ELEKTRUK
WHEREAS, on November 5, 1994, the City Council accepted
$20,000 in grant funding from the County of San Diego Air Pollution
Control District (APCD), and $10,000 in grant funding from the
California Energy Commission (CEC) toward the purchase of an
electric shuttle to service the Chula vista telecenters¡ and
WHEREAS, on September 27, 1994, the Council approved
purchase of this vehicle for a total cost of $30,000 and execution
of a contract with ElekTruk¡ and
WHEREAS, total funding for the vehicle has been allocated
from two grants sources, $10,000 from the CEC and $20,000 from the
APCD, respectively¡ and
WHEREAS, the project will be part of the City's overall
effort toward development of a comprehensive energy conservation
and air quality improvement program and is consistent with the
city's C02 Reduction and Greenfleets program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an agreement with the Air
Pollution Control District for the purchase of a retrofitted
electric shuttle in a final form to be approved by the City
Attorney, a copy of which is on file on the office of the City
Clerk as Document No. (to be completed by the City Clerk in
the final document) and does hereby authorize the Mayor to execute
same.
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate $20,000 in grant funding to the Energy Conservation
Fund Account #280-2804-5565 and approve budget for same.
BE IT FURTHER RESOLVED that the city Council does hereby
waive the competitive bidding requirements and authorize the
expenditure of $20,000 for the ElekTruk.
Presented by Approved as to form by
Barbara Bamberger, Environmental y
Resources Manager
?;;,/
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ITEM
Date 2/28/95
ATfACHMENT 1
SPECIF1CATIONS FOR ELECfRlC SHUTfLE
The City will purchase an electric minivan. The City will retain all maintenance responsibilities with the
vehicle, and place the City's l1SmogBusters electric vehicle" logo on both sides of the van. The van will be
ADA compliant, and will be able to transport 7-9 passengers. The van is a 1989 Ford Club Wagon, at 9100 Ibs,
gross vehicle weight, ElekTruk will remove the 7.5 liter engine, of which the vehicle ran at 8 miles to the
gallon, per EPA estimate, and replace with a battery charging system providing for a range of 50 miles between
charges. ElekTruk will also replace the C 1 0 automatic transmission, and the CFC air conditioning unit. The
radiator, exhaust system and gas tanks will also be removed.
The City will use the vehicle to transport telecommuters and other telecenter users to the downtown and East
"HI! Street telecenter locations. The downtown telecenter temporary site opened on November 1st, and staff has
been collecting a list of interested telecenter users willing to use the van once it is up and running.
The City will be purchasing a 1989 Ford Club Wagon that has been completely retrofitted as a state-of-the-art
electric shuttle. The vehicle has a gross vehicle weight of 9100 Ibs.
The vehicle will be retrofitted with the following components:
· Two CARE certified number five (5) electric conversion kits, from KTA Services, Each kit consists of
a 27-70 horsepower direct current motor, manufactured by Advance DC motors.
· A 200 amp direct current controller, manufactured by Curtis PMC,
· Activation and reversing contractors, manufactured by Curtis Albright.
· Lead acid batteries, 97% recyclable, manufactured by US Battery.
· Dual motor mechanical direct drive system, manufactured by ELECTRIC,
· A non-chloroflourocarbon air conditioner (CFC free).
· Sensors, limit switches, circuit breakers, and electrical instrumentation
· Hydraulic wheelchair lift platfonn
· Vacuum system for power brakes
· DC to DC converter to power accessories
· Battery chargers
The electric shuttle has a carrying capacity of 8 passengers, including one wheelchair.
The electric shuttle will be maintained by Public Works staff, and the vehicle comes with a 6 year or 60,000
mile bumper to bwnper warranty, which includes parts and labor on all vehicle components, with the following
exceptions:
· 4 year warranty on propulsion and auxiliary batteries.
· 3 year warranty on air conditioning, power locks and power windows
· 1 year tire rotation and alignment
· No warranty on upholstery, paint, carpeting, lights, windshield wiper blades, tires, brake pads,
and interior and exterior trim.
· 1st year maintenance is included in purchase price. Continuing maintenance can be purchased
from ElekTruk at $1,200 per year, for an additional five years.
g-,~
~---'-'-~ -_._------~ --_._.,"---,',- ._~-,-~---,------ -,,---- _..._---_..._--~-,-".,_. -,,--,-_.....- - - ~-- --~ . ...__ w___~___~_~_____·_
Minutes A-Ttf>r<...ttmÇ"..t\,IT d-
September 27. 1994 I
Page 2
written appeals brought by any person regarding action taken by tbe Building Department of the City in enforcement \.
of tbe requirements. The Department of Building and Housing staff has brought forth this requirement to the Board ¡
of Appeals and Advisors for consideration and endorsement. The Board of Appeals and Advisors bas reviewed
staffs proposed Ordinance and recommends its adoption. Staff recommends Council: (1) Place the ordinance on
first reading; and (2) Direct the City Clerk, after the second reading and adoption, to solicit applications for the
Access Appeals Board. (Director of Building and Housing)
7.A. RESOLUTION 17666 EXECUTING AN AGREEMENT WITH THE CALIFORNIA ENERGY
COI\ßßSSION TO PROVIDE $55,000 IN GRANT FUNDING AND APPROPRIATING THOSE FUNDS TO
THE ENERGY CONSERVATION FUND AND APPROVING BUDGET FOR SAME - The California Energy
Commission provided $55,000 in grant funding to develop an alternative fuels retrofit rebate program to be offered
to the Chula Vista businesses and to create a local market for electric vehicles development and use. The funds will
also be used to belp in the purcbase of an electric sbuttle for Chula Vista's Telecenter Program, for approval of a
Request for Proposal, and approval of a $5,000 contract to provide a public information program for the retrofit
rebate program. Staff recommends approval of the resolutions. (Administration) 4/5th's vote required.
Continued to the meeting of 10/4/94.
B. RESOLUTION 17667 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR $10,000 WITH ELEKTRUK TO PURCHASE AN ELECTRIC RETROFlTIED V AN FOR CHULA
VISTA'S TELECENTER
C. RESOLUTION 17668 AUTHORIZING THE CITY MANAGER TO SOLICIT RESPONSES FOR
A REQUEST FOR PROPOSAL (RFP) FOR $5,000 IN CONSULTING SERVICE TO DEVELOP AND
PROMOTE AN ALTERNATIVE FUELS RETROm REBATE PROGRAM
8. RESOLUTION 17669 APPROVING THE 1993/94 GRANTEE PERFORMANCE REPORT FOR )
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING ITS
SUBl\ßSSI0N TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - The City
annually submits a Grantee Performance Report (GPR) to the U.S. Department of Housing and Urban Development.
The GPR provides detailed information on the use of Community Development Block Grant funds, including the
progress achieved and status of funds. Staff recommends approval of the resolution. (Director of Community
Development)
2. RESOLUTION 17670 ACCEPTING FEDERAL DEPARTMENT OF EDUCATION, LmRARY
SERVICES AND CONSTRUCTION ACT TITLE VI LIBRARY LITERACY PROGRAM GRANT FUNDS
AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING
THE FISCAL YEAR 1994/95 BUDGET TO INCLUDE .83 FULL TIME EMPLOYEE POSITIONS - The
Cbula Vista Literacy Team bas received $34,720 in funding under the Library Services and Construction Act, Title
VI Library Literacy Program, to implement a model program to identify and aid adult learners witb dyslexia. Staff
recommends approval of the resolution. (Library Director) 4/5th's vote required. Continued to the meeting
of 10/4/94.
10. RESOLUTION 17671 ACCEPTING FEDERAL DEPARTMENT OF EDUCATION, LmRARY
SERVICES AND CONSTRUCTION ACT TITLE VI LIBRARY LITERACY PROGRAM GRANT FUNDS
AWARDED TO THE CHULA VlST A LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING
THE FISCAL YEAR 1994/95 BUDGET TO INCLUDE .48 FULL TIME EMPLOYEE POSITIONS - The
Chula Vista Literacy Team bas received $34,986 in funding to continue its work developing and offering a variety
of small group writing classes to adult learners at several locations throughout Chula Vista. Staff recommends
approval of the resolution. (Library Director) 4/5th's vote required. Continued to the meeting of 10/4/94.
3" ¿,
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~_..~-_._---------~ ---.--- ._--...---.-- -----. -----.__.__.~-
1 FISCAL YEAR 93/94 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN GRANT CONTRACT
WITH THE CITY OF CHULA VISTA. CA.
2
Contract No.
3
THIS AGREEMENT is effective on September 28, 1993, and is between the San Diego County Air Pollution
4
Control District (" APCD"), a political subdivision of California, located at 9150 Chesapeake Drive, San Diego,
5
California 92123-1096 and the City of Chula Vista, a chartered municipal corporation in California with a
6
business address at 276 Fourth Avenue, Chula Vista, California 91910, hereinafter called "CONTRACTOR".
7
R E C I TAL S:
8
WHEREAS, the APCD, by its actions on September 28, 1993, (APCD Minute Order No.1) and August 9, 1994
9
(APCD Minute Order No. 02), approved the Fiscal Year 1993/94 Vehicle Registration Funding Allocation Plan
10
(Plan), Purchase of an Electric Shuttle Vehicle, and authorized the Director of Purchasing and Contracting,
11
pursuant to then Article XXIll, § 401 (now § 93.1 (a» of the Administrative Code, to negotiate a grant service
12
contract. .
13
14
WHEREAS, CONTRACTOR has received partial funding for this vehicle acquisition, which is the subject matter
15
of this Agreement, from State of California Petroleum Violation Escrow Fund.
16 .
17
WHEREAS the APCD Board acknowledges and approves that the vehicle has already been purchased
18
subsequent to the APCD Board action on September 28, 1993 in contemplation of receiving funds under this
19
Agreement.
20
21
WHEREAS, the APCD/County desires such equipment to be acquired in accordance with the
22
CONTRACTOR's Scope of Work dated November 29, 1994, attached hereto as Exhibit A and whereas the
23
CONTRACTOR agrees that reimbursement of its purchase of the electric shuttle vehicle subject to the following
24
additional conditions.
25
26
NOW THEREFORE, in consideration of the promises, and mutual covenants and agreements herein contained,
27
28 211'0",,94. ReYisedJan9.I99S,Jln 20.1995. \cvapcrsv.cnl Page 1 of 16
~;Î
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1 it is agreed as follows:
2 PART I ' STANDARD TERMS & CONDITIONS
3 1. TERM OF AGREEMENT
4 The term of this Agreement shall commence effective on September 28, 1993, and continue for three years
5 following the acquisition of the vehicle, during which time CONTRACfOR shall acquire the equipment as
6 described herein,
7 2. DEFINITIONS
8 2.1 "County" shall mean the County of San Diego and shall be used interchangeably with the APCD.
9 2,2 "APeD" shall mean the San Diego County Air Pollution Control District and shall be used
10 interchangeably with the County of San Diego.
11 2.3 "CONTRACfOR" shall mean the City of Chula Vista.
12 2.4 "Coutracting Officer" shall mean the Director, the San Diego County Purchasing & Contracting
.
13 Department or his designate.
14 2.5 "Coutracting Officer's Technical Representative shall mean the Deputy Director of the San Diego
·
15 County Air Pollution Control District and shall be used interchangeably with the term "Contract
16 Administrator."
17 2.6 "Contractor- shall mean the same as CONTRACfOR.
18 2.7 "Major Equipment" shall include, but is not limited to, movable personal property of relatively
19 permanent nature, having a useful life of three years or longer, and of significant value, $1000 or over.
· 20 2.8 "Minor Equipment" shall include all items not defined in paragraph 2.7 above that is under $1000 in
21 value and having a useful life of less than three years.
22 2.9 Where questions arise pertaining to the classification of equipment as major or minor. the County of
2-1 San Diego Administrative Manual, Item 0050-02-1 shall control.
24 3. AFFIRMATIVE ACfION
25 3.1 Each contractor, where the cumulative total of purchases ordered are $10,000 or more during a
· 26 calendar year, shall comply with the Affirmative Action Program for Contractors as set forth in Article
27 IIIk (commencing at §R4) of the San Diego County Administrative Code, which program is
28 21 N(JI/ 94, RevISed JaR 9, 199.5. Jan .21), ]W5. \CY1Ipc:e$"_CT" Page 2 of 16
~;r
1 incorporated herein by reference. A copy of this Affirmative Action Program will be furnished upon
2 request by the County of San Diego Contract Compliance Office, 1600 Pacific Highway, Room 208,
3 San Diego, CA 92101. The County of San Diego, as a matter of policy, encourages the participation
4 of smal~ minority, and women owned businesses.
5 3.2 CONTRACfOR will not discriminate against any employee, or against any applicant for such
6 employment, because of age, race, color, religion, gender, physical handicap, ancestry, or national
7 origin.
8 (A) Applicability. This provision shall include, but not be limited to, the following: Employment,
9 upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
10 rates of payor other forms of compensation; and selection for training, including
11 apprenticeship.
12 (B) Affinnative Action Program. The CONTRACfOR shall comply with the requirements of
.
13 the COUNTY'S Affinnative Acrion Program for Vendors as set forth in Article IIIk of The
14 County of San Diego Administrative Code, unless specifically exempted in accordance \\<ith the
15 Article's rules and regulations.
16 4. CONDUCf OF CONTRACfOR
17 4.1 The CONTRACfOR agrees to inform the County of all the CONTRACfOR's interests, if any, which
18 are or which the CONTRACfOR believes to be incompatible with any interests of the County.
19 4.2 The CONTRACfOR shall not, under circumstances which might reasonably be interpreted as an
20 attempt to innuence the recipient in the conduct of his duties, accept any gratuity or special favor from
21 individuals or organizations with whom the CONTRACfOR is doing business or proposing to do
22 business, in accomplishing the work under the contract.
23 4.3 The CONTRACfOR shall not use for personal gain or make other improper use of pri\1leged
24 information which is acquired in connection with his employment. In this connection, the term
25 "privileged information" includes, but is not limited to, unpublished information relating to
26 technological and scientific development; medical, personnel, or security records of the indi\iduals;
27 anticipated materials requirements or pricing actions; and knowledge of selections of contractors or
-
28 21 Nov 94, fùviKd Jan 9, 1995. Jln 20. 1995. \CYapœsv.cn~ Page 3 of 16
8'-"
__~__.___~___"__"_._.__ _.._~~_.~___._.__________.~________m_~.__."."__.,_______,______.__.___~
1 subcontractors in advance of official announcement.
2 4.4 The CONTRACTOR or employees thereof shall not offer gifts, gratuity, favors, entertainment directly
3 or indirectly to County employees.
4 5. PROHIBITED CONTRACTS
5 Pursuant to § 67 of the County of San Diego Administrative Cod£, CONTRACTOR and APCD certify that the
6 provisions of said § 67 have not been violated, and that the CONTRACTOR is not and will not subcontract with,
7 any of the following:
8 5.1 Persons employed by the County or of public agencies for which the Board of Supervisors is the
9 governing body;
10 5,2 - Profit-making firms or businesses in which employees described in sub-section 5.1 serve as officers,
11 principals, partners, or major shareholders;
12 5.3 Persons who, within the immediately preceding twelve (12) montbs came within the provisions of the
.
13 above sub-sections and who (I) were employed in positions of substantial responsibility in the area of
]4 service to be performed by the contract, or (2) participated in any way in developing the contract or
]5 its service specifications; and
16 5.4 Profit -making firms or businesses in which the former employees described in sub-section 5.3 above
17 serve as officers, principals, partners. or major shareholders.
]8 6. TERMINATION FOR DEFAULT
]9 The County may, by written notice of default to the CONTRACTOR, terminate this contract in whole or in part
20 should the CONTRACTOR be in default under this contract. In the event of such termination, the
2] APCD /County reserves the right, to purchase or obtain the supplies or services elsewhere. If, after notice of
22 termination of this contract under the provisions of this clause, it is determined for any reason that the
23 CONTRACTOR was not in default under this provisions of this clause, tbe rights and obligations of lhe parties
24 shall, if the contract contains a clause providing for termination for convenience of the APCD /County, be the
25 same as if the notice of termination had been issued pursuant to such clause. The rights and remedies of
26 APCD/County provided in this article shall not be exclusive and are in addition to any other rights and remedies
27 provided by law or under resulting order. Any termination for default under this contract shall be handled in
28 21 NOI/94. ~b"9. 1995.1a" 2O.19QS. \C'Qpce1'V£n1 Page 4 of ]6
?-/I)
.
1 accordance with The County of Sail Diego ContractÙ,g Ma.oual January 1982 Ed., Part 1-8, Tennination of
2 COlltracts, Pages 189 through 207 Ù,c/usÙ'e attached hereto as Exhfjit B.
3 7. TERM[NATlON FOR CO!\'YENIEI'CE
4 The APCD /County may, by written notice stating the extent and dfective date, terminate this contract for con-
5 venience in whole or in part, at any time. The APCD/County shall pay the CONTRACfOR as full
6 compensation for performance until such termination:
7 7.1 The unit or pro rata price [or the delivered and acœp:od portion.
8 7.2 A reasonable amount, as costs of termination, nO( otb~íWÎse recoverable from other sources by the
9 CONTRACfOR as approved by the APCD/Count), ..è,h respect to the unperformed or unaccepted
10 portion of the services, provided compensation hereunder shall in no event exceed the total price.
11 7.3 In no event shall the APCD /County be liable for any lœs of profits on the resulting order or portion
12 thereof so terminated.
-
13 7.4 The rights and remedies of APCD /County provided in this article shall not be exclusive and are in
14 addition to any other rights and remedies provided by bw or under resulting order.
15 7.5 Any termination for convenience under this contrad sr.:;ll be handled in accordance with The County
16 of Sail Diego C011lractillg Mallual, Janlla,,, 1982 Ed.. P,JT! 1,8, Terminatioll of COlltracts, Pages 189
17 through 207 illc/usÙ'e.
18 8. CONTRACf ADMiJ',ìSTR...TIOK
19 The Director of Purchasing and Contracting is the designated Contracting Officer and is the only APCD official
20 authorized to make any changes to this agreement. The APCD/County has designated the following individual
21 as the Contract Administrator: Morris Dye, Deputy Director. Air Pollution Control District, 9150 Chesapeake
22 Drive, San Diego, Ca 92123-1096. The Contract Administrator will chair rontractor progress meetings and will
23 roordinate the APCD's contract administrative functions. Tbe Contract Administrator is designated to receive
24 and approve CONTRACfOR invoices for payment, audit and inspect rerords, inspect contractor services, and
25 provide other technical guidance as required. The Conlract Administrator is not authorized to change any terms
26 and conditions of the Contract. Changes !o the scope of work ....iIl be made only by the Board and/or the
27 Conlracting Officer issuing a properly executed Change Order mc>Jification.
28 21 NO\' 1M. Rt'VISCd Jan 9.1995. Jan 20. 1995. \CVllpoesv.cn! Page 5 of 16
1"11
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-~-_...---
1 9. NOTICE
2 Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served
3 on the other party by the party giving such notice, or may be selVed by certified mail, postage prepaid, return
4 receipt requested, to the following addresses:
5 9.1 Attention: 1I1r Morris Dye, Deputy Director, Air Pollution Control District, 9150 Chesapeake MS
6 0-176, San Diego. CA 92123.
7 9.2 Attention: Ms Barbara Bamberger, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California
8 91910.
9 10. DISPUTES
10 10.1 Except as otherwise provided in this contract, any dispute concerning a question of fact arising under
Il this contract which is not disposed of by agreement shall be decided by tbe Contracting Officer wbo
12 sball furnish the decision to tbe CONTRACTOR in writing.
· ,
13 10.2 Tbe decision of the Contracting Officer shall be final and conclusive unless determined by the court
14 of competent jurisdiction to have been fraudulent or capricious, or arbitrary, or so grossly erroneous
15 as necessarily to imply bad faith, Tbe CONTRACTOR shall proceed diligently with tbe performance
16 of the contract pending the Contracting Officer's decision.
17 10.3 The "Disputes" clause does not preclude consideration of legal questions in connection with decisions
18 provided for in paragraph 11.1 above.
·
19 lOA Nothing in this contract shall be construed as making final the decision of any administrative official,
20 representative, or board on a question of law.
21 11. CHANGES
22 The Contracting Officer may at any time, by written order, make changes within the general scope of this
23 contract, in tbe definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc,)
24 and place of performance thereof. If any such change causes an increase or decrease in the cosl of, or the time
·
25 required for the performance of any part of the work under this contract, whether changed or not changed by
26 any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and
27 the contract shall be modified in writing accordingly. Any claim by the CONTRAcrOR for adjustment under
28 21 Nov~, Revised J.n 9. 199~, J&n 20, 1995. \cvapcesv.cnl Page 6 of 16
Z"I :J-
·
1 tbis clause must be asserted within 30 days from the date of receipt by the CONTRACfOR of the notification
2 of cbange; provided however, that the Contracting Officer, if he decides that the facts justify such action, may
3 receive and act upon any sucb claim asserted at any time prior to final payment under tbis contract. Where tbe
4 cost of property made obsolete or excess as a result of a change is included in the CONTRACfOR's claim for
5 adjustment. the Contracting Officer shall have the right to prescribe the manner of disposition of such property.
6 Failure to agree to adjustment shall be a dispute concerning a question of fact within tbe meaning of the clause
7 of this contract entitled "Disputes."
8 12 HOLD HARMLESS AGREEMENT
9 12.1 The CONTRACfOR agrees to fully indemnify, defend and save harmless the County against any and
10 all loss. damage, liability, claim, demand, suit or cause of action resulting from injury or harm to any
11 person or property arising out of or in any way connected with the performance of work under this
12 contract, excepting only such injury or harm as may be caused by the fault or negligence of the County.
.
13 12.2 Contractor further agrees for itself, its officers, employees, subcontractors, consultants, licensees,
14 invitees, tenants, and volunteers to defend, indemnify and hold harmless the APCD/County and its
15 "fficers, agents, and employees from any and all liability, claim. charge or cost of any kind or
16 character, actual or alleged, including court costs and reasonable attorney's fees, which may arise
17 directly or indirectly from the acts or omissions, whether active or passive, of the Contractor or its
18 aforesaid affiliates of any tier.
19 123 In tbe event thattbird-party loss is attributable to the negligence or wrongful acts or omissions of both
20 parties (Contractor or subcontractors on one hand, and APCD/County on the other), the ultimate
21 financial responsibility of each party shall be proportional to its percentage of fault as determined by
22 mutual agreement between the parties or by a court of competent jurisdiction. The provisions of
23 California Civil Code §2778 regarding interpretation of indemnity agreements are made a part hereof
24 as if fully set forth herein.
25 12.4 Additionally, Contractor agrees to include the County within the protection of any indemnificaûon
26 provision contained in any subcontract relating to work or services under this contract. Contractor
27 further agrees to require that the County and its officers. agents and employees be named as
28 21 New "'-=. R~ Jan q. 1"-15. Jan 20. 19'15. ·,cvafJ<%S'l.cnc Page 7 of 16
~"13
-~ ._"-
1 additional insured parties in all policies of insurance required by this agreement to be obtaiDe.:; .:y
2 Contractor or its subcontractors in connection with the equipment or services under this cantrae:...
3 13 OWNERSHIP OF ELECTRIC SHUTILE
4 13.1 Purpose
.
5 The APCD, County, and the Contractor acknowledge that the funds are being provided to purd.J5e
6 an electric minivan.
7 13.2 Recognition and Perfection of Financial Interest
8 The County, APCD, and the Contractor agree that the ownership or the electric mini,·an is ",ith :.1"
9 Contractor, and that APCD shall retain a financial interest in them. This financial interest sbai :e
10 held for a period or 5 years rrom date of purchase, defined as the date payment is made to the ele=c
11 minivan manufacturer or dealer. Contractor shall list the APCD on the title as holding a finan.::al
12 interest. At its option, the APCD may also perfect a financial interest by filing a lien or secu:'.rv
.
13 interest as provided by law.
14 13.3 Termination of Financial Interest
15 APCD may terminate its financial interest at any time. The APCD's financial interest ~.:.ljJ
16 automatically terminate at the end of the 5-year period.
17 13.4 Disposition of the Electric Minivan
18 In the event the electric minivan is taken out or service and disposed of before the date of terminal:.:n
19 of the APCD's financial interest, the pro rata proceeds from the electric minivan's disposition s.:ail
20 be paid to APCD in a timely manner.
21 14. RESPONSIBILITY FOR EQUIPMENT
22 APCD/County shall not be responsible nor be held liable ror any damage to person or property resulting &:m
.
23 the use. misuse. or failure of any equipment by Contractor. its agents, employees, third party indepenœ::It
24 contractors, or permissive users, e\'en though such equipment be furnished, rented or loaned to Contraao; :y
25 APCD /County. The acceptance or use or any such equipment by Contractor or Contractor's employee shaI :e
26 construed to mean that Contractor accepts full responsibility for and agrees to exonerate. defend, indemnify Dd
27 hold harmless APCD/County from and against any and all claims for any damage whatsoever resulting from :Je
-
28 21 Nov 94, R~ 'In 9. 1995. 'In 2{¡. 1995. \CVBJX'M".::\1 Page 8 0' :~
.
g', / 'I
I use, misuse, or failure of sueh equipment, whether ;uch damage be to the employee or property of Contractor,
2 APCD /County, or of other persons. Equipment indudes, but is not limited to the Electric shuttle vehicle and
3 any associated equipment purchased for use witb the vehicle.
4 15. EQUIPME". MAINTENANCE
5 The Contractor must provide, at its expense, preventative maintenance and repair contracts or service contracts
6 on all equipment under its direct control. Such contracts may be provided by the Contractor itself or by
7 reputable companies generally known to have such e'-pertise. The Contractor shall submit a plan to the Contract
8 Administrator as to how this requirement will be met for the APCDICounty's review and approval prior to
'I contract execution. The Contractor is to maintain a ~parate current record on maintenance and repairs for each
10 piece of equipment and to provide a written report and relevant documentation on a quarterly basis as to any
11 preventative maintenancelrepairs performed on each piece of equipment. A copy of the quarterly preventative
12 maintenance and repair report must be provided to the Contract Administrator.
.
13 16. EQUIP\IENT USAGE
14 Use of grant acquired equipment shall be only for projects which are specifically stated in the attached Scope
15 of Work. The equipment is not to be used for an~ other programs unless specifically authorized in writing by
16 the COTR. Major equipment must remain in the ;pecified use for the term of this Agreement, unless such
17 change in use is authorized in writing by APCD ICounty. NOf\\'Íthstanding the foregoing, and any other provision
18 in this Agreement to the contrary, in the event that this contract is terminated, but Contractor continues to use
19 the equipment in substantial conformance with the S"ope of Work attached hereto as Exhibit A, APCDICounty
20 agrees to allow Contractor to purchase or otherwiS' use su"h equipment acquired with APCDICounty grant
21 contract funds for so long as Contractor continues to use the equipment in substantial conformance with tbe said
22 Scope of Work. The parties agree to negotiate in good faith in order to determine the terms for any such
23 purchase or continued use. In the event that the Contractor does not purchase but agrees to terms with
24 APCD ICounty for the continued use of the equipment, all the provisions of the Agreement regarding
25 Contractor's obligation!; to insure and properly maintain such equipment shall remain in effect.
2ó IIIII
27 IIIII
28 21 New 911, Rt'VISCd Jan 9, 1m, Jan 20, 1995, \~.cIII Page 9 of 16
8" )ç
--------.----- -_._----~--- -------------,-- ------------ -- -. -,---~~
1 17. AUDIT AND INSPECfION OF RECORDS
2 17.1 General
3 The APCD/County shall have the audit and inspection rights described in this sectic~n.
4 17.2 Cost or pricing data
5 The Contracting Officer or his representatives who are employees of the APCD /Count)' or its agent
6 shall have the right to examine all books, records, documents and other data of the CONTRACfOR
7 related to the cost or negotiation pricing or performance of such contract, or :1ny SUbcoD::act made
8 hereunder, or an)' change or modification, for the purpose of evaluating the ","urae;. co:::ipleteness
9 and currency of the cost or pricing or performance data submitted.
10 17.3 Direct and Indirect Costs
11 The Contracting Officer or his representatives who are employees of the APCD/CmIDty or its agent
12 shall also have the right to examine all records and data and other information relating to any cost and
.
13 relevant information that is submitted for reimbursement that is reasonably related t...."1o the direct and
14 indirect costs of acquiring the Electric Shuttle vehicle.
15 17.4 Availability
16 The materials described above shall be made available at the office of the CO~RACfOR, during
17 normal business bours, for inspection, audit or reproduction, untiltbe expiratièn of 3 years from the
18 date of final payment under this contract, or by (A) and (B) below:
19 (A) If tbis contract is completely or partially terminated, the records relating:0 the work t~rminated
20 shall be made available for a period of tbree years from the dale 0f any resulting final
21 senlemenl.
22 (B) Records which relate to appeals under tbe "Disputes" clause of this contnel, or Litiga:ion or the
23 settlement of claims arising out of the performance of this contract, ,hall be mad, available
24 until such appeals, litigation, or claims bave been disposed of, or thr« year, aft" contract
25 completion, whichever is longer.
26 17.5 The CONTRACTOR shall insert a clause conlaining all lhe provisions of [his cl-,use 18. in all
27 subcontracts for services hereunder except altered as necessary for proper idt!:ltificarion 0:" the COD-
28 21 NOlI 94, RI!YiKd Jan 9, 1995.Jaa 20, 1995, \~.cnl Pag< 10 of 16
8'''/1"
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1 tracting parties and the contracting officer under the APCD /County's prime contract.
2 18 PATENT AND COPYRIGHT INFRINGEMENT
3 The contractor shall report to the contracting officer, promptly and in reasonable written detail, each notice or
4 claim of patent or copyright infringement based on the performance of this contract of which the contractor has
5 knowledge.
6 19. PERMITS, NOTICES, FEES AND lAWS
7 The CONTRACfOR shall, at its own expense, obtain all permits and licenses, give all notices, pay all fees, and
8 otherwise comply with all State and Federal statutes, ordinances, rules and regulations pertaining to work and
9 to the preservation of the public health and safety,
10 20. AIR, WATER POLLUTION CONTROL, HEALTH AND SAFETY
11 CONTRACfOR shall comply with aU State and Federal air and water pollution control, health and safety
12 statutes, ordinances, rules and regulations which apply to the work performed under this contract.
.
13 21. FINDINGS CONFIDENTIAL
14 Any reports, information, data, etc" given to or prepared or assembled by the CONTRACfOR under this
15 Agreement which the APCD/County requests to be kept as confidential shall not be made available or disclosed
16 to any individual or organization by the CONTRACfOR without the prior written approval of the
17 APCD/County: except (a) as may be required by other funding sources as a contract requirement, (b) as may
18 be necessary to perform the scope of work, or (c) as may be otherwise required by law, including, without
19 limitation, the California Pub/ic Records Act, California Government Code §6250 et seq..
20 22. PUBLICATION, REPRODUCfION AND USE OF MATERIAL
21 No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United
22 States or in any other country. The APCD /County has unrestricted authority to publish, disclose, distribute and
23 otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement.
24 23. INDEPENDENT CONTRACfOR
25 It is agreed that CONTRACfOR shall perform as an independent contractor under this Agreement.
26 CONTRACfOR is, for all purposes arising out of this Agreement, an independent contractor, and shall not be
27 deemed an employee of APCD/County. It is expressly understood and agreed that CONTRACfOR shall in
28 21 !'olav 94, ReviHd Jan 9,1995. JaD 20, 1995, \cvapotSY-CIIL Page 11 of 16
l:i'/?
_.~~__~_.__.__._____ __ __._~__._.~______.._~____.__ ..__._......______._n._..__.._m.__ _____...~_________~___ __,.__._. __~_.___~_~__
1 no event be entitled to any benefits to which permanent APCD/County employees are entitled, including, but
2 not limited to, overtime, any retirement benefits, workers' compensation benefits, and leave benefits.
3 24. SUBCONTRACf FOR WORK OR SERVICES
4 Except maintenance or service agreements contemplated by the attached Scope of Work, no contract shaH be
5 made by the CONTRACfOR with any party for furnishing any of the work or services herein contained without
6 the prior written approval of the Contract Administrator; but this provision shall not require the approval of
7 contracts of employment between the CONTRACfOR and its own personnel assigned for services thereunder,
8 or for parties named in Scope of Work attached to this Agreement. CONTRACfOR is reminded that it is the
9 APCD/County's policy to encourage the participation of minority business enterprises. This includes assurance
10 that, if feasible, minority firms are solicited, or where feasible, dividing the requirement into smaller units for
II the purpose of providing for greater minority participation, or the establishment of delivery and payment
12 schedules which will facilitate participation by minority businesses,
.
13 25. DRUG & ALCOHOL-FREE WORK PLACE
14 The APCD/County of San Diego, in recognition of individual rights to work in a safe, healthful and productive
15 work place, has adopted a requirement for a drug and alcohol free work place, APCD /County of San Diego Drug
16 alld Alcohol Use Policy C-25. This policy provides that all APCD/County employed CONTRACfORs and their
17 employees and subcontractors and their employees shall assist in meeting this requirement.
18 25.1 AJ; a material condition of this agreement, the CONTRACfOR agrees that the CONTRACfOR and
19 its employees, and subcontractors and their employees while performing service for the APCD /County,
20 on APCD /County property, or while using APCD /County equipment:
21 (A) Shall not be in any way impaired because of being under the influence of alcohol or a drug.
22 (B) Shall not possess an open container of alcohol or consume alcohol or possess or be under the
23 influence of an illegal drug.
24 (C) Shall not sell, offer, or provide alcohol or a drug to another person. This article shall not be
25 applicable to a CONTRACfOR or its employees who, as part of the performance of normal
26 job duties and responsibilities prescribes or administers medically prescribed drugs.
27 25.2 The CONTRACTOR shall inform all of its employees who are performing services for the
28 21 NOlI <iI4, ReYIH'd Jan.... 1995. J.n 20, 1995. \cva¡JoœSV.cnt Page 12 oi 16
g-",/y
1 APCD /County on APCD /County property or using APCD /County equipment, of the APCD /County
2 objective of a safe, healthful aød productive work place and the prohibition of drug or alcohol use or
3 impairment from same while performing such service for the APCD/County.
4 25.3 The APCD/County may Terminate for Default or Breach this Agreement and any other Agreement
5 the CONTRACTOR has with the APCD/County, if the CONTRACTOR, or CONTRACTOR
6 employees are determined by the Contracting Officer not to be in compliance with the conditions of
7 this section.
8 PART 11 - FISCAL
9 26. COMPENSATION OF CONTRACTOR
10 26.1 Amount
11 The APCD/County agrees to pay CONTRACTOR a total sum not to exceed $20,000.00 for the
12 acquisition of the Electric Shuttle vehicles and associated equipment. Contractor agrees to perform
.
13 the services described in this Agreement and the attached Scope of Work and use the vehicles only
14 for the purposes described in tbe attached Exhibit A, Scope of Work.
15 26.2 Reimbursement by Claim for Equipment
16 Unless otherwise provided for in the Scope of Work, in consideratinn for major and minor equipment
17 acquired by CONTRAcrOR to perform under this agreement, APCD/County will pay
18 CONTRACTOR by reimbursing CONTRACTOR for such equipment acquired and for actual
19 expenses of the equipment as stated on each invoice, The amount of each invoice submitted by the
20 CONTRACTOR is subject to a determination of fair and reasonable price by the Contract
21 Administrator.
22 26.3 Withholding of Payment
23 APCD/County may withhold final payment until the final report required under this Agreement is
24 received and approved by APCD/County, APCD/County may also withhold payment where
25 CONTRACTOR is in non-compliance with this Agreement, but must release payment otherwise due
26 to CONTRACTOR upon CONTRACTOR taking the required steps to complete compliance.
27 /1///
28 21 NOY 94, Revwed hn 9, \995. hn 20. 1<,195. \mpœsv.Clu Page 13 of 16
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.~-------..._,.__._._"._-_._- --------..-...-.. '_'''----_''''',.--,_..,-,---,. ----..---- - ...._-_..._.._--_.----_....,-~-~-- ---,----..
1 27. DISALLOW.-\. \;CE
2 In the event CONTRACTOR claims and receives payment fromAPCD/County for reimbursement of equipment
3 which is later disallowed by the APCD/County, CO¡"ïR...crOR shall then promptly refund the disallowed
4 amount to APCD /County upon request. Such disallowance shall be reasonably based upon the fact that such
5 expenditure is determined not to be permitted under the terms and conditions of this Agreement, At its option,
6 the APCD /County may offset the amount disallowed from any payment due or to become due to the
7 CONTRACTOR under this Agreement or another agreem,ot. Similarly, a disallowed agreement may be offset
8 against the Agreement.
9 28, FULL COMPEI'SATION
10 Pending any cost adjustments, each claim so approved and raid sball constitute full and complete compensation
11 to CONTRAcrOR for tbe period covered by tbe claim, It is expressly understood and agreed that this
·
12 Agreement constitutes the entire agreement of CO/'.'TR....crOR and APCD/County and in no event sball .
13 CONTRACTOR be entitled to any compensation, henefit~ reimbursements or ancillary services other than as
14 herein expressly provided.
15 29. PARTL....L PERFORMANCE
16 In tbe event tbat all of tbe necessary equipment is not acquired in a proper and timely manner, CONTRACTOR
17 shall be paid only the reasonable value of the equipment aguired during the payment period as determined by
·
18 APCD/County's COTR.
19 30. RETE"TIO~ OF FUNDS
20 The CONTRAcrOR and any and all Subcootractors s!ill! be required to retain all financial records and
21 administrative documents, in accordance with Paragrapb IS, .....udit and Inspection of Records, and in accordance
22 with applicable APCD/County, State, and Federal statUles, "gulations, ordinances and policies. All sucb records
23 shall be returned to the APCD/County should CONTRACfOR become defunct or close doing business, prior
·
24 to limitations set forth in such statutes.
25 PART 1\1 ' REPORTI~G REQUIREMENTS
26 31 INVOICI'G
27 The APCD/County intends to make payments on grant elipble items and activities upon receipt of invoices as
28 21 Nov94. ~ Jan9, Im,Jaa 20,1995, \~.c:nl Page 14 of 16
· 8".20
1 provided for in the Scope of Work. CONTRACfOR should attach aU necessary receipts and other expenditure
2 documentation with their invoices. APCD /County reimbursement to a grantee will be made on submitted
3 invoices.
4 32 FINAL REPORT
5 32,1 A final report shall be submitted to the APCD/County within the time stated in the attached Exhibit
6 A Scope of Work. The final report shall include the following:
7 (A) Table of Contents.
8 (B) A summary of the objectives achieved as they relate to the project scope of work.
9 (C) A summary of the activities performed and the total amounts expended on the project.
10 (D) Any findings, conclusions or recommendations for follow-up or ongoing activities that might
11 result from successful completion of this project.
12 (E) A statement, if applicable, of future intent of the public and/or private support to maintain or
.
13 further develop the project.
14 (F) A request for final payment where applicable,
15 (G) A consolidated list of subcontractors, funded under the Agreement (in part or whole). Include
16 the name, address, concise statement of work performed, lime period, and doUar value of each
17 and each subcontractor's business representation as to ownership (e.g., Minority- or Women-
18 Owned Business Enterprise status).
19 (H) A summary of project successes. Provide measurable results (number of gallons of gasoline
20 not consumed or displacement of gasoline vehicles and reduced trips or emissions).
21 (I) A summary of project failures or shortcomings, reasons and necessary remedial activities.
22 32.2 Review comments shall bc prepared and transmitted by the APCD/County to the CONTRACfOR
23 within seven (7) working days of receipt of the draft version of the Final Report.
24 (A) After incorporating the APCD/County's comments, the CONTRACfOR shall submit to the
25 Contracting Officer's Technical Representative or his designate five (5) copies of the Final
26 Report no later than thirty (30) days after receipt of the APCD /County's comments.
27 (B) The APCD /County reserves the right to USe and reproduce all reports and data produced and
-
28 21 N(IV 94. R~ 1.n 9. 1'>I'J5. bn 20. 1'>'95. \cvapC<:S'o'.cnl Page 15 of 16
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~-~._--_.._-,--_.._..._---,--- - -'-'._-_._._-_._~..._-'-------'------'-'---'----
1 delivered pursuant to this Agreement, and reserves the right to authorize others to use or
2 reproduce such material.
3 (C) Failure to comply with the reporting requirements specified above may result in termination
4 of this Agreement or suspension of any or all outstanding payment requests until such a time
5 as the CONTRACfOR has satisfactorily completed the reporting provisions.
6 33, SEVERABILITY
7 Should any part of this agreement be held to be invalid by a court of competent jurisdiction, the remainder of
8 the agreement shall be considered as the whole agreement and be binding on the contracting parties.
9 34. GOVERNING LAW
10 This contract shall be construed and interpreted according to the laws of the State of California.
n 35. AGREEMENT
12 This Agreement, including the exhibits attached hereto, constitutes the entire agreement by and between the
.
· 13 CONTRACfOR and the APCD/County with respect to the equipment and services described herein and
14 supersedes all other additional communications, both written and oral. Both parties by their authorized
15 signalures, acknowledge that they have read, understood and agree to all Ihe terms and conditions of this
16 Agreement.
17 IN WITNESS WHEREOF THE COUNTY AND THE CONTRACfOR HAVE EXECUTED THIS
AGREEMENT ON JANUARY _, 1995
18
· 19 FOR THE CONTRACfOR FOR THE APCD & COUNTY:
20
21 By: SHIRLEY HORTON, WILLIAM L. NAPIER
Mayor, City of Chula Vista Contracting Officer and
22 Director of the Office of
Purchasing & Contracting
23
Approved as to form and legality Approved as to form and legality
24 ~COUNSEL
· 25 By: -¿; ú7~
Bruce M. Boogaard, Deputy
26 City Attorney
27
28 2J No¥904, Rtvised Jan 9. ¡m. JUI 20. 1995, \cvapœsv.cnl Page 16 of 16
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SCOPE OF WORK
City Contract
Barbara Bamberger, Environmental Resource Manager, City of Chula Vista
691-5296
Electric Vehicle Shuttle Scope of Work .
SCOPE OF WORK - ELECTRIC SHUTTLE
TOTAL FUNDING: $20,000
,
I. Introduction
The City of Chula Vista was allocated $20,000 from AB2766 funds by Board action on
August 9, 1994 to purchase a locally produced electric shuttle van. The City also has been
awarded a contract from the State Petroleum Violation Escrow account for an addItional
$ 10,000. The City will purchase one electric minivan with these funds. The shuttle will
serve the City's Telecenter Project, which also is co-funded by APCD.
.
II. General Approach
The City will purchase an electric van tllat has been converted by a local company,
ELECTRUK. This will assist in the development of a local market for electric vehicles and
provide a clean non-polluting means of transport to the City's telecenters. The van will
transport telecommuters and other ielecenter users to and from both the downtown and East
H Street locations. .
The van to be converted is a 1989 Ford Club Wagon. ELECTRUK will remove tile 7.5 liter
engine, estimated by EPA to achieve a fuel economy rating of 8 miles to the gallon, the
automatic transmission, radiator, gas tank and exhaust system. The converted van will
-COlUplywitll the requirements of the Americans with Disabilities Act (ADA). The City will
install its Smog Busters' electric vehicle logo on both sides, and assume responsibility for all
fuwre maintenance.
III. Personnel
There will be no personnel costs directly associated with the funding. All funds will go
toward the purchase of the vehicle.
IV. Management Strucwre
The EnvIronmental Resource Mana¡!er will oversee operation ~f the shuttle, with assist~nce
from Chuia Vista Telecenter staff and the Public Works Department and coordinating wltll
San Diego Urban Corp to provIde drivers. If a deal is developed with Urban Corp., they will
become involved In tile routing, shuttle scheduling and maintenance.
Y',lf'
.
"
-_..---- . ---_.~_.__.,._---_.__.__.- ..--....-...-..-...--...----- .""'. --.---.. ...._-_._----~-_.-:..._---.- ---
.
V_ Equipment or Goods to be Obtained
The vehicle to be purchased is a 1989 Ford Club Wagon that has been completely retrofitted
as a state-of-the-art electric shuttle. The vehicle has a gross vehicle weight of 91 00 lbs. The
vehicle will be retrofitted with the following components:
.
· Two CARS certified number five (5) electric conversion kits, from KTA
ServIces. Each kit consists of a 27-70 hOJ'Šepower direct current motor,
manufacwred by Advance DC Motors.
· A 200 amp direct current controller, manufactured by Curtis PMC
· Activation and reversing contractors, manufac;tured by Curtis Albright
· Lead acid batters, 97% recyclable, manufactured by US Battery
· Dual motor mechanical direct drive system, manufactured by ELECTRUK
· A non-chlorofluorocarbon air conditioner (CFC free)
· Sensors, limit switches, circuit breakers and electrical instrumentation
· Hydraulic wheelchair lift platfonn
· Vacuum system for power brakes
· DC to DC converter to power accessolies
· · Battery chargers
The electric shuttle has a carrying capacity of eight passengers, including one wheelchair. -
The electric shuttle will be maintained by the City's Public Works Transit staff. The vehicles
comes with a six year or 60,000 mile bumper-to-bumper warranty from ELECTRUK which
includes parts and labor on all vehiçle components, with the follow exceptions:
· 4 year warranty on propulsion and auxiliary batteries .
· 3 year warranty on air conditioning, power locks and power windows
· · I year tire rotation and alignment
· No warranty on upholstery, paint, carpeting, light, windshield wiper blades,
tires, brake pads and interior and exterior trim
----- First year maintenance is Included in purchase price. Continuing maintenance
can be purchased from ELECTRUK at $ 1,200 per year for an addition five
years.
Specifications for the electric shuttle are as follows:
Vehicle: Converted 8 passenger minivan, one wheelchair restraint system with
· wheelchair ramp
Top Speed: 50 miles per hour
Range: 50 miles· by employing opportunity charging system, the vehicle can
travel 5-6 round trips to EastLake from Ihe telecenter per day. '
Charging: 2·4 hours using an automated "electric 'iehicle refueling system" (i.e.,
opportunity charging)
Batteries: US Battery
Motor: 27:70 horsepower direct current motor. Advance DC Motors
-
· .
~",;J..?- "
.
Delivery of the vehicle is anticipated within 2-4 weeks of Council approval of the contract
between the Councy and the Clcy of Chula Vista.
VI. Improvement of Air Quallcy and Measurement of Cost Effectiveness
The Cicy will maintain a log of all trips, Including the number of passengers ca~ried. and miles
traveled. From that log, vehicle emissions will be calculated and reported to the APCD every
six months for the first year, and annually thereafter for three years.
· 6 gm/ml hydrocarbons
· 9 gm/ml Carbon Monoxide .
· 2 gm/mi Nitrogen Dioxide
Emissions reduced per I S,OOO miles is:
· 13S Kg CO
· 9 Kg of hydrocarbons
· 30 Kg NOz
Emissions reduced per 6 year life span:
.
· 8 10 Kg of CO
· S4 Kg of hydrocarbons
· 180 Kg NOz
The-estimate of emission reductions Is based on normal running conditions and will not
Include cold starts. This will result In a conservative estimate. .
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. ,
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I PART 1-8 TERMINATION OF CONTRACTS
1-8.000 Scope and applicability of part.
ea) This part sets forth policies and procedures relating to the co~plete or
partial termination of contracts for the convenience of the County or for
default, anå sets forth policies anå procedures relating to the settle-
. mant of claims arising therefrom.
(b) This part applies to contracts which initially or by amendment provide
for termination for the convenience of the County or for the default of
the contractor. Bowever, to the extent that clauses actually used in
contracts are inconsistent with the provisions of this part, the provi-
sions of the clauses actually used shall control. Where a termination
for convenience clause has not been included in a contract, this part may
also be used for guidance in nesatiating a settlement agreement, or in
making an equitable adjustment.
.
)
)
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SUBPAll.T 1-8.1 DEFLUTION OF TERMS ......
1-8.101 Definitions
&AI 118ec1 In this part, the fo11ow1l1g te1:1ll8 bave the ...an1l1gs stated:
(a) "Contlnued portlon of the contract· means that portlon of a partlally
tarmnated contract which relates to work or end ltelllS not already
co~leted and accepted prior to the effect date of terminatlon and which
the contractor IllUSt coŒtlnue to perfona.
(b) "Contractor lnventory· means (1) any property acqulred by and 111 the
po....slon of a contractor or subcontractor (lnclud1l1g County-furnished
property) uucler a contract pursuant to the teru of which tltle 15 vested
1A the County, aDd 111 e:xcess of the amounts l18eded to complete full
performanc:e under tba entlre contract and (2) any property which the
County ls obllg.ted to or ha. an optlon to take over uader any type of
contract as a re.ult elther of any changes 111 the spaclflcatlon. or plan.
thereuucler or of the terminatlon of such contract (or subcontract
tbereunder), prior to compl.tlon of the work, for the convenlenc. or at
the optlon of tha County.
.
(c) "Effectlve date of terminatlon" maans the date upon which the notlce of
tarmnatlon fir.t require. the contractor to stop performance, 111 whole
or 111 part, uDder the contract. U, however, the termination notlce 15
received sub.equent to the date fixed for termination, then the effective
4ate of terminatlon means the date ~n which the not1ce 1s rece1v~,
(d) "Maeerlal" ....DS property which may be 1ncorporated 1I1to or aetached to
an end lta to be deJ.1vered under a contrace or which may be consumed or
expended 1n the performance of a contract. It lncludes, bue is not
lúú.ted to, raw and processed material, pans, coaponents, assellll>lie.,
SlId small tools and supplies which may be consumed 1n ao1"1Ul use 1.u the
performauce of the coneract. .
(e) "OCber work" means any current or scheduled work of the contractor,
wbether County or co_.rcia1, other than work related to the terminated
C011trac~.
(f) "Prime contract" means any contract as deflned in 1-1.208 ent.red lnto by
the Couney.
.
(g) "Setelement agreamene· means a written agreement, 111 the fona of an
---nftment to the contract, between the contractor and the Coùnty settling
all or a severable portlon of a setelement proposal.
(11) "Settlement proposal·.....ns a terminatlon claim submitted by a contractor
or subcontractor In the fona, and supported by the data, required by this
Part:.
(1) "Term1naelon claim· mean. any claim by a contractor or subcontractor,
permitted by the terms of a prime contract, for compensat10n for the .
tarmnat10n, ln whole or 1n part, of the prlme contract or a subcontract
. 190
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8" JP
) Chereunder, and any ocher claim which this parc auchorizes to be asserced
and secCled in conneccion wtch a cerminaCion sacclemenc.
(j) "Termination invencory" meanS any items of physical property purchased,
supplied, manufaccured, furnished, or oChervise acquired for performance
of the cerminaced concracc and properly allocable to che cerminated
portion of the contract. The term does not include. any facilities,
material, production or other equipment, or special tooling, which are'
subject to a aeparate contract or a apacial contract provision governing
the use or disposition thereof. Termination inventory 11I&1 include
contractor-acquired property and County-furnished property.
(It) "Terminated portion of Che contracc" means thac portion of a terminated
contract which relates to worlt or end items not already completed and
accepted prior to the effective date of termination and which the
contractor is not to cODtinue to perform.
.
)
)
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SUBPART 1-8.2 GENERAL PRL'fCIPLES APPLICABLE TO TIlE TERMINATION FOR
CONVENIENCE AND SE'tTLEMENT OF CONTRACTS.
1-8.200 Scop. of subpart.
This subpart 1-8.2 deals with g.n.ral principl.s applicabl. to the t.rmination
aDd to the settlement of f1zeci-pric. type contracts terminated for the conv.n-
ienca of the County. Additicual principlas applicable to the settlement of
f1zeci-prica types of coa.tracts, tarœ1Dated for o:Da.ven1ea.c., are s.t forth 1D
Subparts 1-8.3 aDd 1-8.4, raspectively.
1-8.201 Gea.eral.
(a) Coa.tracts shall be t.rminated for the conv.n1ence of the County when it
is d.termined thet such action is in the bast inter.st of the Coua.ty. As
a geural pol1cy, oa.ly W21J.at.ral t.rminatioa. by the County should b.
1DcJ.uded 1D coa.cracts. . To p.rmit tha Coa.tractor to terminate a coa.tract
at his convmú.nc. is to .lIICourage uDd.r-bidciing or "buy-ins" wbea. the
Coa.cractor d.t.rmines he ca1l.DOt parform for prices bid or agre.d to in
the coa.tract. Ezc.pti01l.8 to tbe gaural policy und.r which a contract
coa.tuns a ....tual Termination for Conv.n1.a.ce claus. IllUSt b. fully
ezplunad, docUDea.t.d and specifically approved by the D.parement Head. .
(b) A ve1l-drafted t.rmination for conv.n1.nc. claus. defines tb. rights of
the County aDd of the contractor in a t.rmination of the contract for the
coa.ven1.a.ce of the County aDd provides for tb. s.ttlement of claims
thar.uDder. Thus, the contractual right to terminate a contract for the
'conven1.a.ce of the County and to ...k. a settlement agre....nt is based on
such a clause. Sovaver, tha power of a contracting activity to issue a
· t.rœ1Dation notic. d~as not d.pand on the .ztstea.c. of a t.rmination for
o:Da.ven1.nc~claus. in the contract. In tha ab.aa.ce of a t.rœ1Datioa. for
coa.'V8111anc. claus., bow.ver, such action -normally constitut.s a breach of
coa.tract. Such a breach of coa.tract ...y subject the County to liability
for co.-on-law damages, includ1Dg anticipatory profits, unless the County
arriv.. at a voluntary s.ttl_nt with tha contractor.
(c) A cnntract which initially doas not provide for termination for the
coa.v.n1.nca of the Coua.ty...y, with tha con.ant of the contractor, b.
_nded aithar prior to or aft.r tarœ1Dation to incorporat. such a
clausa. Ev.n tbough a coa.tract 1s·lIOt so amended, a s.ttl....nt agreement
_y be aa.tared I,nto after t.rmination of the contract.
·
1-8.202 Notica of terminacton.
(a) Coa.cracts shall ba t.rminated for conven1.nc. only by a written !!Otice to
the coa.tractor stating:
(1) That tha concract is being t.rminst.d for the conv.nience of the
Coua.ty (citing the appropriate coatract claus., if any, authorizing
such t.rmination);
· 192
2"" J,2
(2) The effece1ve daee of cerminae1on;
(3) Tbe extent of termination and, if a partial termination, the
porcion of the concracc to be concinued; and
(4) Any spec1al inacrucc10ns.
(b) A copy of the notice of··cerminacion shall be sent to each known assignee,
guar~ntor. or surety of the contractor.
1-8.203 Methods of settlement.
Seetlemene of contracts terminated for convenience may be effecced by (a)
negotiated agreement, (b) determination by the contracting off1cer, or (c) a
combination of these methods. Every effort shall be made to reach a fair and
prompt settlemenc w1th the contractor. The negotiated agreemenc is che most
exped1t10us and mose satisfactory method of settling cermination claims and
shall be used whenever feasible. Settlement by determination shall be used only
when a termination claim cannot be settled by agreement.
1-8.204 Duties of prime contractor after receipt of DOtice of termination.
After receipt of the DOtice of termination. the contractor must comply with .
the termination clause of the contract and the notice of termination, except as
otherwise directed by the contracting officer under the authority of the clause.
) The clause and the .DOtice generally should require, if applicable, among other
things. that the contractor:
(a) Stop work on the terminated portion of the contract and discontinue plac-
ing subcontracts thareUDder;
(b) Terminate all subcontracts related to the terminated portion of the
prime contract.
(c) Immediately advise the contracting officer of any special circumstances
precluding the stoppage of work;
(d) If the termination is partial, . perform the continued portion of the
contract and submit prompcly any request for equitable adjustment of the
price weh respect tò the continued pore ion of the contract, supporeed by
. evidence of any increase in ehe cost thereof;
(e) Take such aceion as may be necessary, or as the coneracting officer may
direct. to protect and preserve properey in the possession of the
coneractor in which the County has or may acquire an interese and to
the extent directed by the contracting officer, deliver such property to
the County; .
(f) Promptly notify the contracting officer in writing of any legal proceed-
ings againse ehe contractor growing out of any subcontract or other
commitment related to the terminated portion of che contract;
)
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(g) Settle all outstanding liabilities and all claims arising out of te~na- ....,
tion of subcontracts, obtaining any approvals or ratifications required
by the contracting officer;
(h) Promptly submit his own settlement proposal, supported by appropriate
schedules; and
(i) Dispose of any te~nation inventory, as directed or authorized by th~
contracting officer.
1-8.205 Duties of contracting officer after issuance of DOtice of te~nation.
(a) In accordance with the te~nation clause in the contract and with the
aotice of termination, the contracting officer shall, if applicable,
among other things:
(l) Direct the action required of the prime contractor;
(2) !zam1ne the settlement proposal of the prime contractor and, ~hen
appropriate, the settlement proposals of subcontractors:
(3) Promptly negotiate settlement ~ith the contractor and enter into a
settlement agreement: and .
(4) To the extent that h. 18 unable to negotiate s.ttl....nt after due
aDd diligent effort, promptly settle the contractor's claim by
determination.
,/
(b) To expedite s.ttlement, the contracting offic.r shall s..k assistanc.
· fro.. specially qualified p.rsol1l1lÙ. (such as l.gal, ICcounting,
1napec, t1ng enginaering, aDd property disposal personnel).
1-8.206 Fraud or oth.r cr1œ1nal conduct.
·WbeDaver the contracting officer baa reason to ~p.ct fraud or other criminal
conduct in connection with the settlem.nt of a te~nated contract, he shall
discontinu. all negotiations ~ith the contractor and shall report the f3CtS to
the District Attorney.
1-8.207 Settl.....nt of subcontract claims.
1-8.207-1 Subcontractor's rights.
·
Unlesa otherwts. specifically provided, a subcontractor baa no contractual
rights aga1nat the ColD1ty upon the termination of a prime contract. the rights
of a subcontractor are against the prime contractor or intermediate subcontrac-
tor with whom he baa contracted. Upon terod.nation of a prim. contract, the
prim. contractor and each subcontractor are responsible for the prompt ..ttl.-
ment of the t.rmination claima of th.ir i_ediate subcontractors.
· 194
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1-8.207-2 Prime cOßtractor's rights and obligations.
Each termination for convenience clause provides that, after receipt of a
notice of termination, the prime contractor shall (except as otherwise directed
by the contracting officer) terminate all subcontracts to the exteßt that they
relate to the performance of aßY work terœ1nated by a notice of terminatioß.
Prime cOßtractors should, for their owu protectioß, include a t~rminatioß clause
iß their subcoßtracts. The failure of a prime cOßtractor to iuclude aß appro-
propriate terœ1natioß clause in any sUbcoßtract, or to exercise his rights
thereunder, shall not (a) affect the right of the County to require the terœ1na-
"tion of the sUbcoßtract, or (b) iucrease the obligatioß of the County beyond
that which would have ariseß if the subcoßtract bad cOßtained aß appropriate
terœ1natioß clause. In aßY such case, the reasonableßess of the prime cOßtrac-
tor's settlement with the subcontractor should normally be measured by the
aggregate amount which would be due under subparagraphs (1), (2), and (3) of
paragraph (e) of the suggested subcontract ter~nation clause. Reimbursement in
excess of tbat amount shall be allowed only in unusual cases, and then only when
the contracting officer is satisfied that the terms of the subcontract were
negotiated in good faith and did aDt unreasonably increase the rights of the
subcontractor.
1-8.207-3 Settlement procedure.
.
Settlements with subcontractors shall be made iß general conforœ1ty with the
policies and principles relating to settlement of prime contracts.
) 1-8.207-4 Delay in settlement of subcontractor claims.
I Where a prime contractor is unable to settle with a subcontractor and such
inability is delaying the settlement of the prime contract, the contracting
officer may settle with the prime cOßtractor, excepting from the settlement the
I whole or any part of the claim of such subcontractor and reserving the rights of
the County and of the prime contractor with respect thereto.
,
I 1-8.208 Settlement agreements.
1-8.208-1 Ganual.
When a settlement has been negotiated with respect to the terœ1nated portion
of a contract and all required reviews bave been obtained, the cOntractor and
the contracting officer snall enter into a settlement agreement. The settlement
sball cover (a) any setoffs and counterclaims which the County may have against
the contractor and which may be applied against the terminated contract, and (b)
all claims of subcontractors except claims which are specifically excepted from
the agreement and reserved for separate settlement.
1-8.208-2 No-cost settlement.
U no cosu have been incurred by the cOßtractor with respect to the termina-
ted portion of the contract or if· the contractor is willing to waive the cosu
incurred by him and 1£ no amounts are due to the County under the contract, a
) no-cost settlement agreement shall be executed.
195
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1-8.:08-3 Partial settlements.
Eve~ effort should be made by the contracting officer to settle in one agree-
~ent all rights and liabilities of the parties under the contract except those
aris~g from any continued portion of the contract. Generally, contracting
officers shall not attempt to make partial settlements covering particular items
of t:' prime contractor's settlement proposal. However, when a contracting
off~er cannot promptly effect a complete settlement under the terminated rnn-
trac:, a partial settlement may be entered into if (a) the issues on ~hich
agreeDent has been reached are clearly severable from other issues, and (b) thd
partial settlement would not prejudice the interests of the County or the con-
trac~r in disposing of the unsettled part· of the claim.
1-8.:OS-4 Settlement by determination.
(a) General. To the extent that the contractor and contracting officer are
unable to agree upon the settlement of a terminated contract or if a
termination claim is not submitted within the period required by the
termination clause in the contract, the contracting officer shall issue a
determination of the amount due in accordance with the termination clause
i~ the contract, including any cost principles incorporated therein by
reference. The contracting officer shall comply with the applicable
provisions of 1-8.208-1 through 1-8.208-3 œaking any such determination. .
(b) Notice to contractor. Before issuing a determination of the amount due
the contractor, the contracting officer sh&ll give the contactor not less
~ 15 days' notice by certified mail (return receipt requested) to
submit, on or before a stated date, written ev1àence substantiating the
amount cl~ed to be due.
(c) Submission of evidence.
(1) The contractor baa the burden of es.tablishing, by proof satisfactory
to the contracting officer, the amount claimed.
(2) The contracto'r may submit such vouchers, verified transcripts of
books of account, affidavits, audit reports, and other documents, as
he wishes. The contracting officer may request the contractor to
suCœ1t such additional documents and data, and may cause such ac-
counting, investigations, and audits to be made, a.s he deems appro-
priate.
(3) The contracting officer may accept photostatic or other copies of
documents and records, without requiring original documents unless
there is a question of authenticity.
(4) If the contractor wishes to confer with the contracting officer, or
1£ the contracting officer wishes additional info~tion from County
personnel or from independent experts, or wishes to consult persons
whose affidavits or reports have been SuCœ1tted, the contrac ting
officer may, in his discretion, bold such conferences as he deems
appropriate.
-
196
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(d) Dete1"1ll1nations. After reviewing the information submitted, the contract-
ing officer shall transmit a copy of his dete1"1ll1nation to the contractor
by certified mail (return receipt requested). The letter of transmittal
shall advise the contractor that the dete1"1ll1nation is his final decision.
In addition, the letter shall state whether or not an eppeal may be
taken under the Disputes clause. The dete1"1ll1nation shall set forth the
amount due the contractor and shall be supported by detailed schedules,
additional information, and analysis, as appropriate. AD adequate expla-
nation shall be given for each major item of disallowance. The contract-
ing officer need not reconsider (1) any settlement with a subcontractor,
(2) any disposition of property, or ("3) any other action relating to the
te1"1ll1nated portion of the contract, where such settlement, disposition,
or other action bas been previously ratified or approved by him or an-
other duly authorized contracting officer.
(e) Preservation of evidence. The contracting officer shall retain in appro-
priate files of the ~ontracting agency all written evidence and other
data or copies thereof, ralied upon by him in making his dete1"1ll1nation,
ucept tlÏat copies of original books of account need not be made. Books
of account, together with other original papers and documents, shall be
returned to the contractor within a reasonable time.
.
(f) AppealS. The contractor has a right of appeal, under the Disputes clause
of.the contract, from any settlement by dete1"1ll1nation, except that the
) contractor has no such right of appeal where he has failed to submit his
settlement proposal within the time provided in the contract and bas
failed to request extension of such time. The pendency of an appeal
shall not' affect the authority of the contracting officer to settle the
termination claim or any part thereof by a negotiated agreement with the
contractor at any time before the appeal is decided.
1-8.209 Contracting officer's negotiation memorandum.
The contracting officer shal1, at the conclusion of the settlement negotia-
tions, prepare and sign a memorandum setting forth the principal elements of the
settlement for inclusion in the contract file and for the use of reviewing
authorities, if any. If the settlement was negotiated on the basis of indivi-.
dual items, the contracting officer shall specify the factors considered with
respect to each item. If the settlement was negotiated on an overall lump-~
basis, the contracting officer need not evaluate each item or group of items
individually, but the total amount of the recommended settlement shall be sup-
ported in reasonable detail. The 1U1IIDrandUIII shall include explanations of
matters as to which differences and doubtful questions were settled by agree-
ment, and the factors taken into consideration in connection therewith, and any
other matters which, in the opinion of the contracting officer, will assist
reviewing authorities, if any, in understanding tr~ basis for the settlement.
1-8.210 Payment.
1-8.210-1 Final payment upon termination.
) (a) Negotiated settlement. At the time of execution of a settlement agree-
ment, a voucher or invoice showing the amount agreed upon. less any
197
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por~1oo previously paid, shall ,e prepared aad processed for payment. A '-
copy of the se~tlement agreeme:t shall ,e at~ached to the voucher or
1nvo1.:e.
(b) Se~~leman~ by determina~1on. 1: the event of a set~lement by determi-
na~1on:
(1) If ~h. coo~ractor baa not appealed th.. determi:l,,~1n vith1n the t1_
allowed for appeal, a vouc:'r or r:l901ce showing the aDIOun~ so
d.~ermined to b. due, less any por~1oo prev1ou~ly paid, shall be
prepared aad processed for ~ayment; or
(2) If the con~ractor baa appe.&led the determina~1on, a voucher or
invoice showing the amount finally determined 00 such appeal to be
due, less any por~1on pre~ously pa..!.d, shall be prepared aad pro-
c.ssed for p&ymeo~. Pend~g deter:únat10n of any appeal, an invoice
or voucher pursuan~ to (1) of ~h1s 1-8.2l0-1(b)(2) may be processed
for p.ymen~, vi~hou~ pre~ce to ~e rights of either par~y on the
appeal.
(c) Interes~. NO 1nteres~ shall be ?a14 by :he Coun~y'oo the aDIOunt due
UDder a se~tlemant agreemen~ or a se~tl«nent by determination.
.
·
.
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SUBPART 1-8.3 ADDITIONAL PRINCIPLES APPLI~BLE TO THE SETTL~ OF FIXED-
PRICE TYPE CONTRACTS TERMINATED FOR CONVENIENCE
1-8.301 General.
(a) A settlement should compensate the contractor fairly for the work done
and the preparations made for the terminated portions of rhe contract.
1ucluding an allowance for profit thereon which is reasouaLle under the
circ.....tances. Fair compensation is a _tter of judgment and cannot be'
measured exactly. In a given case. various methods may be equally appro-
priate for arriving at fair compensation. The application of standards
of business judgment. as distinguished from strict accounting principles.
is the heart of a settlement.
(b) The primary objective is to negotiate a settlement by agreement. The
parties parties ..y agtee upon a total amount to be paid the contractor
without agreeing on or segregating the particular elements of costs or
profit comprising this amount.
(c) Cost and accounting data may provide guides. but are not rigid measures.
for aacertaining fair compensation. In apppropriate ca.es. costs may be
estimated. differences compromised. and doubtful questions settled by .
agreement. Other types of data. criteria. or standards may furnish equal-
ly reliable guides to fair compensation. The amount of recordkeeping.
reporting. and accounting. in connection with the settlement of termina-
tion claims. shall be kept to the minimum compatible with the reasonable
protection of the public interest.
1-8.302 Allowance for profit.
(a) General. Profit shall be allowed only on preparations made and work done
by the contractor' for the terminated portion of the contract but may not
be allowed on the contractor's settlement expeuses. Anticipatory profits
and consequential damages shall not be allowed. Any reuonable method
may be used to arrive at a fair profit. separately or as a part of the
whole settlement.
1"';8.303 Adjustment for loss.
.
(a) In the negotiation or determination of any settlement. no profit shall be
allowed if it appears thet the contractor would have incur-ed a loss had
the entire contract been completed. The amount of loss shall be negotia-
ted or determined. and an adjustment in the amount of settlement shall be
made as specified in (b) of this 1-8.303. In estimating the cost to
complete. consideration shall be given to expected production efficien-
cies and to other factors 3ffecting tbe cost to complete.
(b) If the settlement is on an inventory basis (see 1-8.304). the contactor
shall not be paid more tnan the total 'of the amounts in (1) through (3)
below. less all disposal credits and all unliquidated advance and
)
199
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progress payœents previously made to the contractor under the contract: ,
(1) The amount negotiated or determined for settlement expenses;
(2) The contract price, as adjusted, for acceptable completed end ite.s;
aDd
(3) The remainder of the setr!ement amount otherJise agreed or deter-
IIIbed.
1-8.304 Settlement proposals.
1-8.304-1 Submission of settlement proposals.
(a) Subject to the provisions of the termination clause in the contract, the
contractor sh&l1 prOlllptly subœ1t to the contracting officer a .ettlement
pcoposal setting forth the amount claimed to be due by reasoü of the
termination. The proposal sn&ll be sublllitted within 90 days after the
effective date of the termination or within one or œore extensions there-
of ¡ranted by the contracting officer.
(b) The settl...nt proposal shall cover all elements of the contractor's .
claim, 1Dclud1DS settlements with subcontractors. With the consent of
the contracting officer, proposals may be filed in succeseive steps
co.-ring ..parate portions of a clai... Such interilll proposals sn&ll
1Dclude all costs of a particular type, except as the contracting officer
..y authorize otherw1ae.
- ,
1-8.304-2 Beais for settlement proposals.
· (a) GeDaral. The preferred accounting basis for preparing the settlement
pcoposal is the lo98ntòry basis, since the contractor IllUSt compute and
,. Me forü cases appl1cable to,thet por1:1on of the cOl1tract wh1ch is
terlÛ.D&ted. Bo_ftr, if costs are so recorded in the cOl1uactor's books
sa to .aka it t.possible to separate costs between co.pleted units and
work 10 process, it v1ll'DOt be possible to use the inventory basis; in
wb1ch caS3 the contracting officer may approve the total cost basis,
wh1ch is a 1IIOre indirect _thod of arriving at the contractor's costs,
applicable to the terminated portion of the cOl1tract. Term1natiol1 claims
shall DOt be sublllitted on any b..is other than the inventory aDd total
coee b.....
· (b) Inventory basis.
(1) Under the Lnventory basis the contractor sn&ll claim only costs
chargeable or allocable to that portion of the cOl1tract which is
terminated, aDd the settlement proposal shall itemize separately;
.
(i) At purchase or 1II&nufacturing cost, each of the following:
...tals, raw 1II&terials, purchased parts, work in process,
finished parts, cOlllponents, dies, jigs, fixtures, and
too11ng;
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(ii) Charges such as engineering costs, initial costs, and general
and adm1:listrative costs;
(11i) Costs 0: settlements with subcontracto~s;
(iv) Settlement expenseS; and
(v) Other proper charges.
m An allowance for profit or adjustment for loss shall be made to
complete the gross termination claim. All unliquidated advance and
progress payments, and all disposal and other credits known when the
proposal is su:.utted, sball then be deducted.
(c) Total cost basis.
(1) When use of the inventory basis is IIDt practicable or will unduly
delay settlement, the total cost basis may be used if approved in
advance by the contracting officer.
(2) When the total cost basis is used under a complete terill1nation, all
costs 1Xurred under the contract up to the effe<:tiva date of termi-
nation shall be itaœ1zed and the costs of settlements with subcon- .
tractors and applicable settlement expanses shall be added. An
allowance for profit or adjustment for loss shall be made. The
contract price for all end ite... which have been or are to be deli-
vered and accepted shall be deducted. All unliquidated advance
payments, unliquidated progress payments and disposal and other
credits kuown wen the proposal is submitted shall also be
deducted.
(3) When the total cost basis is used under a partial termination, the
setd_nt proposal. sball IIDt ·be sublll1tted until COlllpletion of the
continued port~n of the contract. The settlement proposal shall be
prepared in accordance with (2) of this subpart, except that all
costs incurred to the date of completion of the continued portion
of the contrac:t shall be included.
1-B.305 ~tation on settlements.
Exclusive of settlement :ostS, the total amount payable to the contractor on
account of a settle~ent, whether through negotiation or by determination, shall
IIDt exceed the total contr&Ct price as reduced by the amount of payments other-
wise made and as further reduced by the contract price of work IIDt terminated.
J
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SUBP"JtT 1-8.4 TERMINATION FOR DEFAULT - ,
1-8.400 Scope of subpart.
This subpart sets forth policies and procedures for the utilization and appli-
cation of the default clause.
1-8.401 General.
(a) Termination for default is generally the exercise of a contractual right
of the Counry to te~te, 10 vhole or in pert, the contractor's right
to proceed by reason of bLs failure, actual or anticipatory, to perform
b:1.s obu.gat1ons under the contract.
(b) If the contract provides for its termination for conven1enee of the
County and if, after issusace of a notice of termination for default, it
1& determined for any reason that, under the provisions of the clause,
the contractor vas not in ciefault or that the default vas excusable, each
of the clauses p~v1des that the notice of termination shall be deemed to
have been issued uDder the termination for convenience provisions of the
QOntract, and that the rights and obligations of the parties shall be
governed accordingly.
-
(c) NOtv1thatanding the provisions of (b) of 1-8.401, the contract ~y be
reinstated by mutual agreement vhere the contracting officer determines
~~t such reinstatement is 10 the best interest of the County.
(d) In addition to the termination rights and ramedies'p~v1ded in the
contract c1auae., the County may 10 appropriate cases pursue termination
or cancellation' rights and remedies provided by lav or by other clauses
of the contract.
1-8.402 Default termination of fiDd-price supply contracts.
1-8.402-1 The County's rights to terminate for default.
/
U"'¡..r contracts contain1ng the default clause ·the County baa the right, sub-
ject to notice, to terminate the whole or any part of the contract for default
if the contractor (a) fails to make delivery of the supplies or to perform the
services within the time specified 10 the contract, (b) fails to perform any
other provision of the contract, or (c) fails to uu progress so as to endanger
performaace of the contract.
1-8.402-2 Effect of termination for default.
(a) Under a tetll1nat1on for default the County 18 not liable for the contrac-
tor's costs on undelivered work, and is ent1tlaci to the repayment of any
adv&DCe payments and of any progress payments applicable to such work.
The County _y elect, pursusnt to the default clause, to require the
contractot to transfer title and deliver to the County co~pleted supplies
and manufacturing materials, in the manner and to the extent directed by
the contracting officer. The contracting officer shall not use the
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default clause as authority to acquire any completed supplies or manufac-
turing materials upless be bas made certain tbat the County does not
already bave title thereto under some other provision of the contract. In
the event manufacturing materials are to be acquired by the County under
the authority of the Default clause for the purpose of furnishing the
materials to any other contractor, the contracting officer shall take
such action only after giving due consideration to the difficulties that
such contractor may encounter in making use of the materials.
(0) The County shall pay to the contractor tbe contract price for any com-
pleted supplies, and the amount agreed upon by tbe contracting officer
and tbe contractor for any manufacturing materials acquired by the
County pursuant to tbe default clause.
(c) The contractor is liable to the County for any excess costs for supplies
and services procured, and for any other damages, wbether or not repur-
chase is effected. However, where the failure to perform arises out of
causes which are excusable under tbe clause, tbe contractor shall not be 0
liable for any excess costs.
1-8.402-3 Procedure in case of default.
(a) The default clause covers sitautions wbere the contractor bas in fact .
defaulted by failure to make delivery of the supplies or to perform the
service within the time specified by the contract or any extension tbere-
I of. In sucb situations, no, notice of failure by the contractor or of tbe
possibility of termination for default is required by tbe terma of tbe
~ause to be sent to tbe contractor prior to tbe actual notice of termi-
nation. However, if tbe County has taken any action which mght be
construed as a waiver of the contract delivery or performance date, a
preliminary notice shall be sent the contractor aetting a neW date by
which tbe contractor will be permitted to make delivery or comple~e
performance, reserving the County's righta under the default clause.
Dependent upon the circumstances in each case, sucb a preliminary notice
(1) shall call the contractor's attention to his contractual liabilities
sbould the contract be terminated for default under subparagrapb (a) (i)
of the clause, (2) may' request an explanation of the contractor's
failure, (3) may state tbat failure of the contractor to present such
explanation may be taken as an admission that no valid explanation
exists, and (4) may invite the contractor to discuss the matter at a
~oo.fe:renqe.
(b) The default clause covers situations in which the contractor fails to
perform any of tbe otber provisions of the contract (such as not furnish-
ing a required performance bond) or so fails to make progress as to
endanger performance of the contract in accordance with its terma. In
either of such situations, the contracting officer must formally notify
the contractor of such failure and allow at least ten days for cure of
the failure before issuing a termination notice. Such notification shail
set forth in concise but complete form all of the provisions of the
contract which the contractor bas failed to meet, or a summary of the
I findings which have demonstrated that the contractor has failed to make
acceptable progress in the performance of the contract, or both. The
-
203
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, \
extent of detail to be included will vary depending upon the nature and
amount of previous correspondence ~ith the contractor; but any such
previous correspondence relied upon shall be specifically referenced in
the preliminary notice. The preliminary notice (1) shall state that a
notice of termination for default may be issued upon expiration of the
ten-day (or longer) period unless the failure to perform or to make
adequate progress toward performance has been cured, (2) shall call the
co_tractor's attentio~ to his contractual liabilities in the event the
contract is terminated for default, (3) shall request an explantion of
tee contractor's failure to perform the contract, (4) may state that
failure ot the contractor to present such explanation may betaken as an
admission ~t no valid explanation exists, sad (5) may invite the
contractor to discuss the matter at a conference.
(c) The contracting officer shall consider the following factors in determin-
ing whether to terminate a contract for default:
(l) The provisiaus of the contract and applicable laws and regulations;
(2) The specific failure of the contractor and the excuses, if any, made
by the contrac,tor for such failure;
.
(3) The availability of the supplies or services from other sources;
(4) the urgency of the need for the supplies or services sad the period
of tim8 which would be required to obtain the supplies or service.
from other sources as compared ~ith the ti.. in which del~very could
be obtained from the delinquent contractor;
(S) The degree of essentiality of the contractor in the County procure-
IHnt program sad the effect of a telM:1nation f-or default upon the.
contractor'. capability as a supplier under other contract.;
(6) The effect of a telM:1aation for default on the ability of the con-
tractor to liquidate guaranteed loans, progress payments, or advance
payments;
(7) The ava1lability of funds to fiaance npurchaae costs ~hich may
prove to be uncollectable from the defaulted contractor, sad the
availability of funds to finance telM:1oation costs if the default is
determined to be excusable; and
(8) Any other pertinent facts and circuastances.
(d) When the contracting officer determines that termination for default is
proper, he shall issue e notice of termination which shall:
(1) Set forth the contract number and dete;
(2) Describe the acts or oœ1ssioüs constituting the default;
-
204
F'~'Ir
)
( 3) State that the contractor's right to proceed fu~ber with per:or-
mance of the contract (or a specified portion of tbe contract) is
terminAted ¡
(4) If the contracting officer has not determined .vbetber tbe failure to
perform is excusable, state that the supplies or services ter2inated
may be procured against the contractor's account, and that the
contractor may be held liable for any excess costs;
(5) If the contracting officer has determined that the failure to per-
form is not excusable, state that the notice of termination consti-
tutes such decision and state that the contractor will be held
liable for any excess costs, and also state that the contractor bas
the right to appeal such decision under the Disputes clause¡
(6) State that the County reserves all rights and remedies provided by
lav or under tbe contract, in addition to charging excess costS¡
and
(7) State that the notice constitutes a decision that the contractor is
in default as specified and that the contractor has the right to
appeal under tbe disputes clause. .
(e) The same distribution shall be made of the termination notice as was made
) of tbe contract. In addition, a copy shall be furnished to the surety,
if any, and the procuring activity's fiscal office shall be advised to
wir.hhold fu~her payments under the terminated contract pending addition-
al instructions vhich shall be given vhen sufficient information is
avulable.
(f) If the contracting officer determines before issuance of the notice of
termination that the contractor's failure to perform arose froœ causes
beyond his control aad without his faule or negligence aad that termina-
tion is in the best interest of the County, the contracting officer shall
either terminate the contract for convenience vhere tbe contract contains
a termination for convenience clause or terminate the contract for
default, without assessing excess costs, vbere the contract does not
contain a termination for convenience clause.
. (g) If the contracting officer has not been able to determine, prior to
issuance of the notice of termination, whether tbe contractor's failure
to perform arose froœ causes beyond his control aad without his fault or
aagligence, he shall 1II&ke a written decision on that point as soon as
practicable after issuance of tbe notice of teœ1nation. Such deciSion
shall be delivered proœptly to the contractor with a notification that he
has the right to appeal the decision as specified in the Disputes
c.1auae.
!
205'.5
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1-8.402-" Procedure in lieu of ter~nation for default.
The following courses of action, among others, are available to the contract-
ing officer in lieu of termination for default, when in the ;est interest of the
County:
(a) Permit the contractor, his surety, or his guarantor ~ continue perfor-
mance of tbe contract under a revised delivery schedule;
(b) Permit the contractor to continue performance of the contract by means of
a subcontract or other business arrangement with an acceptable third
party, provided the rights of the County are adequately preserved; or
(c) 1: the requirement for the supplies and services specified in the con-
t=act 110 longer exists and the contractor 18 not liable to the County for
damages, execute a I1O-COSt termination settlement ag~eement.
1-8.402-5 Documentation of contract file.
In all cases where a contract is terminated for default, ~e contract file
shall be well documented to explain fully the reasons for tbe action taken. .
1-8.402-6 Repurchase against contractor's account.
(a) Where the supplies or services are still required after termination and
ë. contractor is liable, for excess costs. repurchase of supplies or
services which are the same as or s1œ1.lar to those called for the con-
t=act shall b. made against the contractor's account as soon as practi-
cable after termination. Such repurchase shall b. at as reasonable a
p~ce as practicable considering the quality required by the County and
~ time within which the supplies or serv1ces are required. The con-
t=act of repurchase ...y be made for a quantity in excess of tbe 'undeliv-
ered quantity terminated for default, when such excess quantity is needed
(so long as this does I10t result in paying a higher unit price than
available for the undelivered quantity) but excess costs ...y be charged
against the defaulting contractor for 110 80re than tbe undelivered quan-
tity terminated for default (iacluding variations in quantity permitted
by the terminated contract).
('0) 1: the repurchase is for a quantity aot 1D excess of :J\e undelivered
quantity terminated for delault. the legal requirements with respect to
formal bidding procedures are inapplicable. However, the contracting
officer shall use formal bidding procedures e""epe where there is good
reason to negatiate. tf the contracting officer decides to negoeiate the
repurchase contract, he shall. aote the reason in the contract file and
shall identify the procurement as a re~base in accordance with the
provisions of the default clause in the defaulted contract. U the
repurchase 1s for a quantity in excess of the undelivered quantity termi-
nated for default, for the purpose of determining whe:her'bidding or
_gatiation should be used, the entire quantity shall ;e treated as new
procurement.
206
8''''1 (,
(c) If repurchase is effected at a price in excess of the price of the sup-
plies terminated, the contracting officer shall make a written demand on
the contractor for the total amount of such excess, giving due considera-
tion to any increases or decreases in other ascertainable costs such as
transportation and discounts. If the contractor fails to make payment,
tbe contracting officer sball follow County procedures for collecting
claims in favor of the County.
1-8.402-7 Other damages.
(a) If a contract is terminated for default 01' if a course of action in lieu
of termination for default is followed, the contracting officer shall
promptly ascertain and make demand for any liquidated damages to which
the County may be entitled under the contract. Pursuant to the contract
provisions for liquidated damages, such dama&es are in addition to any
excess costs of reprocurement.
(b) If the County has suffered any other ascertainable damages as a result of
the contractor's default, the contracting officer shall, on the basis of
legal advice, take appropriate action to assert the County's claim for
such damages.
.
I
.
)
207
3"'17
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COUNCIL AGENDA STATEMENT
Item <J
Meeting Date 2/28/95
ITEM TITLE: Resolution 17~.).1 Accepting bids and awarding contract for
purchase of Cab & Chassis with mounted aerial lift and chip body
SUBMITTED BY: Director of Public Works r;yt/'
Director of Finance,~
REVIEWED BY: City Manager &'f ~~ (4/5ths Vote: Yes_No X)
~..
Bids were received at 2:00 p.m, on January 18, 1995 in the office of the Purchasing Agent for
a Cab & Chassis with mounted aerial lift and chip body for Public Works Operations.
RECOMMENDATION: That Council approve the resolution accepting bids and awarding
contract to the lowest responsible bidder, Altec, who met all required specifications.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The FY 94-95 equipment replacement budget provides for the replacement of an aeria11ift and
chip body for the Tree Trimming Section of Public Works Operations.
The bid packages were mailed to six vendors with six (6) responding. The following is a
summary of the bids received:
Cab & Chassis with Mounted Aerial Lift and ChiD Bodv
Unit Trade-In Net
Bidder Price 7% Sales Tax Allowance Amount
Altec - Dixon, CA $84,089.00 $5,886.23 $8,000 $81,975,23
Dion International - San Diego $84,867.91 $5,940.75 $8,000 $82,808.66
Pressley Peterbuilt - San Diego $86,000.00 $6,020.00 $8,850 $83,170.00
Truck Hydraulic - Fontana, CA $94,965.00 $6,647,48 $12,000 $89,611.48
E.W. Truck & Equipment - San Diego $92,423.00 $6,469.61 $8,000 $90,892.61
Pacific Freightliner - Lakeside Withdrawn due to clerical error
The low bid of Altec meets specifications and is acceptable. The following will be traded in
upon purchase: 1986 Lift All 1 HC 50 Boom Truck, Property Tag #14284.
9-/
-- ---_..,._-----_.~" -"-_.
Page 2, Item q
Meeting Date 2/28/95
ALTERNATIVE FUEL
Due to its size, weight, and continuous all day operation, this vehicle is not appropriate for
consideration of conversion to alternative fuel.
FISCAL IMPACT:
Sufficient funds are provided in the FY 94-95 equipment replacement budget for purchase of
the aerial lift with chip body. The total amount of the dump truck including the 7% sales tax
and the trade-in allowance is $81,975.23. The total amount budgeted for the purchase is
$92,730 resulting in a savings of $10,754.77,
The existing aerial lift has an annual maintenance of $7,624 and operating cost of $1,204. We
estimate the on-going maintenance cost will drop significantly while the operating cost will
remain the same. The savings will be reflected in equipment charges, account 100-1450-5269.
IQ:dh
m:\home\enginecr\agenda\aeria1cab
1:)"';"
~ ~---~~- ~-----_.~----_.-
RESOLUTION NO. 17Y~1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR PURCHASE OF CAB & CHASSIS WITH
MOUNTED AERIAL LIFT AND CHIP BODY
WHEREAS, the following six bids were received and opened
at 2:00 p.m. on January 18, 1995 in the office of the Purchasing
Agent for a Cab & Chassis with mounted aerial lift and chip body
for Public Works Operations:
Unit 7 % Sales Tax Trade-In Net
Bidder Price Included Allowance Amount
Allee - Dixon, CA $84,089.00 $5,886.23 $8,000 $81,975.23
Dion International - San Diego $84,867.91 $5,940.75 $8,000 $82,808.66
Pressley Peterbuilt - San Diego $86,000.00 $6,020.00 $8,850 $83,170.00
Truck Hydraulic - Fontana, CA $94,965.00 $6,647.48 $12,000 $89,611.48
E.W. Truck & Equipment - San Diego $92,423.00 $6,469.61 $8,000 $90,892.61
Pacific F reightliner - Lakeside Withdrawn due to clerical error
WHEREAS, the low bid of Altec meets specifications and is
acceptable with the following trade-in: 1986 Lift All 1 HC 50 Boom
Truck, Property Tag #14284.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept said six bids and awards the
contract to Altec, the lowest responsible bidder, in the amount of
$81,975.23.
BE IT FURTHER RESOLVED that the Purchasing Agent of the
City of Chula vista is hereby authorized and directed t execute
said contract for and on behalf of the city of Chula vi t .
Presented by APt.. as to rm:Q
Robert Powell, Director of Bruce M.
Finance Attorney
C:\rs\chassis.cab
9'3
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CITY COUNCIL AGENDA STATEMENT
Item I P
Meeting Date 2-is-95
ITEM TITLE: Resolution 173';~ Approving Certain Modified Documents
Pertaining to Remarketing of Variable Rate Multifamily Housing
Refunding Bonds for Terra Nova Villas Housing Project and Authorizing
Mayor to Execute Associated Documents
SUBMITTED BY: Community Development Director µ
REVIEWED BY: City Manager~ ru J6---
(4/5ths Vote: Yes _ No ...X,J
BACKGROUND: In 1992, the City issued $9,490,000 in multifamily mortgage revenue bonds
to refinance at a more favorable interest rate bonds that were previously issued in 1985 for this
232-unit apartment project on East H Street. The 1992 issue was for a three year period, due
to the fact that no credit enhancement could be obtained for a longer term (due to the condition
of the financing market rather than any deficiency in the successful apartment project). The
letter of credit enhancement expires March 1, 1995. The existing owner wishes to remarket
the bonds at a variable interest rate, and, to that purpose, has secured an extension of the
existing letter of credit to 1998. The transaction requires the City to approve a First
Supplemental Indenture of Trust and a First Amendment to the Loan Agreement.
RECOMMENDATION: That the Council adopt the resolution approving the modified
documents pertaining to the remarketing of the Terra Nova Villas project and authorizing the
Mayor to execute associated documents.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Terra Nova Villas apartment project on East H Street is a 232-unit
complex in which 80% of the units are market rate and 20% of the units are reserved as
affordable to low-income households, as a result of the tax-exempt financing issued by the City.
The affordable units partially satisfy the Housing Element obligation of affordable units for the
Rice Canyon SPA. It is a goal of the City's Housing Element to preserve such already existing
affordable housing.
The remarketing of the bonds will preserve the affordability of the 46 designated units until1998
and is made possible by the willingness of the Industrial Bank of Japan (IBJ) to extend the
expiring letter of credit until 1998. The refunding will be in the form of a variable rate loan (7-
day variable, established weekly). At issue was the investment quality of the letter of credit.
The original letter of credit issued by IBJ was rated AAA by Standard & Poors, and the bond
documents were structured to require any substitute credit enhancement to have that rating.
However, since the issuance of the original letter of credit, the IBJ rating has moved downward
to A + / A-I, which is still a good rating. The lower rating and the restructuring has required
modifications to the Indenture and the Loan Agreement.
1""/
The implications of the modifications are not significant; they represent technical amendm,ents.
Bond counsel for the original project and the remarketing, Jones Hall Hill & White, indicate that
the modifications are appropriate, and the documents have been reviewed by the City Attorney's
office. The lower investment grade is only slightly lower. The stipulation in the original
refunding documents that required the AAA rating was to protect the bondholders, and those
bondholders will all be paid off as a result of the remarketing. The new bondholders will be
purchasing the bonds on the basis of the new A-I rating. The Finance Director is comfortable
that the lower rating has no implication for the City. The City has no financial liability for the
debt established by the sale of the bonds or the loan to the project. The transaction will occur
at no cost to the City.
The documents must be approved at this Council meeting in order to remarket the bonds by the
March 1, 1995, date at which the existing letter of credit expires.
FISCAL IMP ACT: The recommended action has no fiscal impact on the City. The transaction
creates no debt obligation for the City, and the transaction is being done at no cost to the City.
[DGlDISK6\WPWIN\A:BONDSTNA,AI3]
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RESOLUTION NO. 17 Y)'.;J.
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING
CERTAIN MODIFIED DOCUMENTS PERTAINING TO REMARKETING OF VARIABLE
RATE MULTIFAMILY HOUSING REFUNDING BONDS FOR TERRA NOVA VILLAS
HOUSING PROJECT AND AUTHORIZING MAYOR TO EXECUTE ASSOCIATED
DOCUMENTS
WHEREAS, the City of Chula Vista (the "City") has issued its Variable Rate Multifamily
Housing Refunding revenue Bonds (Terra Nova Associates Project), 1992 Issue A, in the
original aggregate principal amount of $9,490,000 (the "Bonds") pursuant to an Indenture of
Trust (the "Indenture"). dated as of February 1, 1992, by and between the City and First
Interstate Bank of California, as trustee (the "Trustee"); and
WHEREAS, BRE Properties, Inc. (the "Borrower"). as successor to Terra Nova
Associates, the owner of the multifamily housing project refinanced with the proceeds of the
Bonds, has elected, pursuant to the provisions of the Indenture and that certain Loan
Agreement, dated as of February 11, 1995, among the Issuer, the Trustee and the Borrower
(the "Loan Agreement"). to establish on March 1, 1995 a Variable Rate (as defined in the
Indenture) with respect to the Bonds and The Industrial Bank of Japan, Ltd., acting through
its Los Angeles Agency (the "Credit Bank"), has agreed to extend the termination date of the
Letter of Credit (as defined in the Indenture) to March 1, 1998 and to make such other
revisions thereto as may be required by the Indenture; and
WHEREAS. in connection with the remarketing of the Bonds, the Borrower has
requested that the City and the Trustee make certain technical amendments to the provisions
of the Indenture and the Loan Agreement, which amendments are required by the Rating
Agency (as defined in the Indenture) prior to the rendering of its rating on the Bonds in
connection with the remarketing of the Bonds on March 1, 1995; and
WHEREAS, Section 9.01 (c) of the Indenture provides that the City and the Trustee
may enter into an indenture supplemental to the Indenture to make such provisions for the
purpose of curing any ambiguity, inconsistency or omission, or of curing, correcting or
supplementing any defective provision contained in the Indenture, or in regards to matters or
questions arising under the Indenture, as the City may deem necessary or desirable and not
inconsistent with the Indenture, and which shall not materially adversely affect the interests
of the holders of the Bonds; and
WHEREAS, Section 10.04 of the Loan Agreement provides that the provisions of the
Loan Agreement may be amended by written instrument executed by the parties thereto and
with the written consent of the Credit Bank; and
WHEREAS, the Borrower and the Credit Bank have consented in writing to the
execution and delivery of the First Supplement (as hereinafter defined). the Credit Bank has
consented in writing to the execution and delivery of the First Amendment (as hereinafter
defined), and the City and the Trustee have received an opinion of Bond Counsel that the
amendments to the Indenture pursuant to the provisions of this First Supplement and the
1
/1'3
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amendments to the Loan Agreement pursuant to the provisions of the First Amendment to
Loan Agreement are made in accordance with the provisions of the Indenture and the Loan
Agreement, respectively, and such amendments will not materially adversely affect the
interests of the holders of the Bonds.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
find, order, determine and resolve
SECTION 1. The First Supplemental Indenture of Trust (the "First Supplement"), dated
as of February 15, 1995, between the Issuer and the Trustee, and the First Amendment to
Loan Agreement (the "First Amendment"), dated as of February 15, 1995, among the City,
the Trustee and the Borrower, in the forms presented to this meeting, are hereby approved.
The Mayor, City Manager or Finance Director of the City (the "Designated Officers") are, and
each of them acting alone is, hereby authorized and directed, for and in the name and on
behalf of the City, to execute and deliver the First Supplement and the First Amendment, and
the City Clerk is hereby authorized and directed, for and in the name and on behalf of the City,
to attest the Designated Officer's signature on the First Supplement and the First Amendment,
in substantially said forms, with such additions thereto or changes therein as are
recommended or approved by such officers upon consultation with bond counsel to the City,
including such additions or changes as are necessary or advisable in accordance with Section
3 hereof, the approval of such additions or changes to be conclusively evidenced by the
execution and delivery by the City of the First Supplement and the First Amendment.
SECTION 2. Ratina on the Bonds. Pursuant to the provisions of the Loan
Agreement, the City hereby acknowledges, in connection with the remarketing of the Bonds
on March 1, 1995, delivery by The Industrial Bank of Japan, Limited, acting through its Los
Angeles Agency (the "Credit Bank"), of its irrevocable letter of credit securing the principal
and purchase price of and interest on the Bonds and consents to a rating on the Bonds of
A+/A-1.
SECTION 3. Official Action. The Designated Officers, any and all other officials
of the City or such other person designated by the City are hereby directed, for and on behalf
of the City, to do any and all things and take any and all actions, including, without limitation,
the execution and delivery of any and all amendments or supplements to the documents
originally executed and delivered by the City in connection with the issuance of the Bonds,
including, but not limited to, any supplements or amendments of the Indenture and the Loan
Agreement necessary to secure a rating on the Bonds in connection with the remarketing of
the Bond on March 1, 1995, any and all assignments, certificates, agreements, notices,
consents, instruments of conveyance and other documents, which they, or any of them, on
the advice of bond counsel to the City, may deem necessary or advisable in order to effect
the amendments of the Indenture and the Loan Agreernent, as provided herein.
PRESENTED BY: APPROVED AS TO FORM BY:
Chris Salomone Bruce M. Boogaard
Community Development Director City Attorney
2
1"-'1
___~_..__.._._.. 0' __0. - __ ___~__._____.._______._._._..__.,..,_ ._o'_._..__n_ ______.__.__..__...____n.._______. ...,__._.__.._..... _..___,.__.__~...___.____~_.._
4153915784 4153915784 F-123 T-995 P-004/011 FEB 21 '95 15:14
'SO,6-28 JHHW:TA.~IV')g 02/1OßS
am$- 02/131'J6
Ainf. fYJ/!71'15
..
FIRs;I' SUPPLEMENTAL INDENTURE TO TRUST ..."
CITY OF CHUL~ VIST,þ.~ CALIFORNL-\.
as Issue!
to
FIRST INTERSTATE BANK OF 'CALIFORNIA,.
as Trustee
dated as of February 15, 1995
, ,
ReJating to that ~i1\ ~"!.'~~£,n!l".tM, ,da,tecl ~ of. February 1, 1992
s.e~ $9;490,000 City 1)£ Chut. VISta
Varlable Rate Multifamily Housing Refunding Revenue Bonds
(Terra Nova Associates Project), 1992 Issue A
,- . -.
/I~
- -~._----_'._._"_-_'._-,_.'-".- ------_._------~-~--_.._--"
, 4153915784 4153'315784 F-l23 T-995 P-005/Ø11 FEE 21 '95 15:15
THIS FIRST SUPPLEMENTAL 1l\mn."Tü'RE OF TRUST, dated as of Febrwuy 15,
1995 is between the City of antla Vista.. CalifornIa, a mu~ cOrpOration and charter city
duly orgardzed and existing under the laws of the State of Iifoniia (the "City"), and First
Interstate Bank of ÇaJifornJa, as ~ (th/!. ~~.6tøe'?, and amends that certain Indenture of
Trust, dated as ofFebiwUÿ 1; ïm, ~een ~,<::fu:!IJ1d tlJl! Trustee ,(the "h1denture");
WIrNESSE':i'H.: . . ..
WllERBAS, the City has issueçl Us Variable Rale Ml11tifamfJth.e Housing Refunding
Revenue Bonds (Terra NoVil Associates Projeq:),. 1~ Issue A, in original aggregate
prIndpaI amount of $9,490,000 (the "Bonds") purs'..Iant to the Indenture;
W1l.EREAS, BRB Properties,- [ilC. (the "BtU'rower"), as sucté$sor to Tena Nova
Assodates, the ownei of the tmùtifåmily liòusJng, project refinanced with thE! p¡-oceed$ of the
Bonds, has elected pur$Qant to the Indenture and that certain Loan A~t, dated as of
Feb~ 1, 1992, amon~tRe, Issuer, t:lu!,T~~'Bo1T( wer (the' œD.'Agreemenf'); to' '"
estab& on March 1, 1 5 a Variable Rate (as défined in the Indenture) with 19peCt to the
Bonds and The Ind1.'l5tria1 Bank of Japan, Iok!-~ aeting through its Los Angeles Agency
(the "Credit Bank"), has agreêd to extend the tenmnation date of the Letter of Credit (as defined
In the Indenture) to March 1, 1998 and 10 make such other revisions thereto as may be required
by the Indenture and the Loan AgI'eemer.t;
WHEREAS, in tonnection with the rem.ar"-eting of the Bonds, the Borrower has
requested that the City and the T!"..!s!ee Il'.ake œrt.ain tecl1rJcaI amendments In the provisions of
the IndenturE! and the Loan Agreement which azr.-e:.ctme..ïts are œqui:red by the Rating Agency
ÚlSde.6nedin the Indentu.J'<»prior to the~ o{jl8 rattng on the Bonds;
WHEREAS, Section 9.01(c) of the Indenture provides that the City and the T1'UStee may
enter into an indenture supplemental In the IndenturE: to make such provisioœ for the puIpOse
,gLcuring any ambiguity, inconsistenc:y or omission, :'!r of CUring, COINCtlng or supplementing
any defective provision contained in the Indenture, o!' in regards to matters or questions arising
und.er the Indenture. as the City may deem :I'..oceEll'''''ry or d"5i.-..bIs and not incOD¡:istent with the
Indenture, and which shall not materially adverseLY affect the interests of the hoJders of the
Bonds;
WHElŒAS, Séc:tIon 10.04 of the Loan Agreement provides that the provtsioll$ of the
Loan AgreeD'K!l1t may be amended by written instrument executed by the partie5 thereto and
with the written tonsent of the Credit Bar.k; '" , ,.. _ ' ..
WHEREAS, the Borrower and the Credit Bank have consented in writinC the
exemtion and delivery of tlùs First Supplement (as :=terelnafter defined), the Credit has
consented in wri~ to the execution and delivery of the First Amendment (as hereinafter
defined), and the ty and the Trustee !lave rec,"¡vro an opwon of Bond Counsel that the
amendments to the Indenture pursuant to the provisions of this First Supplement and the
amendmenb to the Loan Agreement pursuant to th., provisions of the FirSt Amendment are
made in accordance with Ihe provisions of the Indenture and the Loan Agreement, respectively,
and such amendments wm not materially adversely affect the interests of the holder.¡ of the
Bonds;
.. ,
Jð'¿
._--_..-----,..._--~,_.._---~--_._._--- ..... .._~_._-_.__.._...- --- --...... -----------~--
, 4153'315784 41.53'315784 F-123 T-995 P-006/Ø11 FEB 21 '95 15:16
NOW TlŒ1ŒFORE, in consideriitìoJi·· of 'the äbove Pren1Í$es and of the mutual
covenants herel:Dafter contained and for good and valuable OOII8ideration, the partie$ hereto
agræ as foBows:
SECTION 1; :ADil'1Ïãihëii'f öFüiè"lndëiifiue.
eN Sub~pI:I (iv) of,th.e !.ast paragraph of Section 4.01 of, the Indantl1re is hereby "
amended to read Iii lis entirety as foUows:
"(jv) In the case of ;II redelnplion pursuant to (d) above, as soon as praCl:lcable,-IoIIf:
aet ktel: dtim fnoe. 00 ft}1I (.A) after receipt of an opinion of Bond CoUnsel indicating
that an Acceleratl9n Defa~,lt M,socCJ1JTro~..(B) 11pon acce1eration,of the Joan by the
Tmstee on behalf of the Oty, or (Q afte, r.¡,ceipt from the Credit Bank of notice of a
nonreimbursement of the httere5t J:rtion of the Letter of Cxedìt following Il <hawing
thereon Or an event of default un the CJ:Mtt Agteement or the Deed of Trust and
reqµest that it be treated as an Event of Default lUIder Section 7.01(e) of the Loan
Agreement (such redert1ption to OCroJ' not :ater than laR f1 AlAye (5) dllJl'll after an;y
event set forth in (A), (8) or (C) above).·
(5) The third and føurth paragraphs. of Section $.02 of the Indenture are hereby
aJIlPnded to read in their entirety as follows:
"Except as provlded·.ü.!~ Section 5.02 and W 5.ectiØll5.5.06and lo,œ.~ .,.
the Bond Fund Shiill be.used sotely for thë-·peÿment oftheprincipal of and premñiii:i;ïf ..
any, and interest 00 the Bands as the same shall become due. whether at matu.rity or
upon redemption or acœleration or otb<:rwise; provided that, upon receipt by the
Trustee of the proceeds of a draw on the Let!e. of Credit and payment of the interest
and/or principal then due on the Bonds with such proceeds or other Avaßable Amounts
in the Bond Fund, the Trostee shall remit to t.~e G:edit Bank aUlOUIltB then on depoSít in
the Bond Fund to the extent of ~ draw. Ir. making payments of prfncipa!,. P1'eInium.
If any, and Interest on the Bonds, Trustee shall (j) use amounts dra.wn by the Trustee
W\der the Letter of Credit. (Ji) then use other Available Amounts held in the Bond Fund,
and (ill.) then use any other Revenues on depa.it with the Trustee.
Notwithstar.ding the above, u): the payment of the Pun;hase Price of the
Bonds and the remarketing thereof on rch 1, 1995, amounts on deposit in the Bond
Fund on Man::h 2, 1995 (0 representing Loan Repayments, which shall be deemed for
such purposes to be voluntary Loan repayments, and an rçresentîolr transfurred
amounts from the Reserve Fund DU1'SUar.t t,) Section 3.05(C). may be appUed.by the
Tmstee to the redemption of Bonds upon :ect'!ipI: by the Trustee of WI1tten notification
by the Borrowl'r to apply such amount5 to ilie redemption of Bonds pwsuant to Section
4.01(c) hereof or. absent the written notifiœ~;o~1 by the Borro~~ ~ fo~bove. shan
be paid to the Borrower fMe and clear of anI" lien created und 'I den ,"
(C) Subsection (,:) of Section 8.16 of the Indenture Is hereby amended to read in the
entirety as foUows=
n(c) Notwithstanding a"y other provisiOns hereof, neither the TnSee nor the
Tender Agent shaJI deliver Bonds pUIchased with the proceeds of a draw on the Letter
of Credit to a new purchaser following a remarketing of such Bonds until the Trustee
has n¡œ(ved written nolification from the Creel! Bank that the Letter of Credit has been
Feiflslatedr!:im'butsed by an amount sufflctent to cover principal and interest on such
Bonds in the amounts raqui1'éð by Secli.on 5.08(a)(3) of the Loan Agreement."
/~' '1
- -_._._---~.._-_._-~~_._,---'"_. ----
.--- --.. "-'--'~--"---'--~~------"- '~-"-".-"...-_..-
4153915'784 4153915'784 F-123 T-995 P-ØØ7/011 FEB 21 '95 15:17
~.. .
(0) The first paragraph of S~tion 10-01 of the Indenture is hereby amended by
adding to the begmmng of the te><t of suell paragraph the words ''Subsequent to Conversion,."
and bý amending the first word of such text to "if',
. ... ..... , 'T" "" I"," ~.'.'':'',' '_.___'H no. . . .... .. ..
Except as set forth above, the terms and proviai.ON of the Indenture are hereby ratified
and cou.ftrmed,
SECTION 2 Execution In CounteIpa:rls. ThiS First SuppJemental Indenture of Trust
~ be executed in several counterparts, each oh'v"t.ich shall be an original and all of whic'tl
constitute but one and, the same instn.unenl
,..
SECTION 3. Applleable Law. 1'hJ;¡ FiJ:.,;¡t SupplemE!nta1 fnde.nture of Trust shall be
governed by and construed In accordance with tre laws of t~ Slate of CaIifomja,
SECl'ION" Effeçti'Ve Dllie. The provisions of t1ùs FIrst Supplemental Indenture of
Trust and the amendments made hereby shall take effect upon the remarketing of the Bonds on
March I, 1995 and execution of this'Flrst Supplemental Indenture of Trust by the parties hereto.
IN WITNESS WHEREOF, the City has cau:;eé the First Supplemental Indenture of Trust
to be executed and attested in i\'lS ~ by Its duJy authorized offlœr and s"'}ed with its
cO'1'pOrate sea]; and the Trustee has caused this F!rst Su~ementa1 Indentul'e of TIust to be
executed in Us name by th.: duly authoriad offìc~ ~,f its horized AgeI\t, as of the date first
hereinabove slated. .. M' ....
CTY OF CHULA VISTA, as Issuer
B}.~
TItle:
(SEAL)
Attest:
aty Oerk
fiRST INTERSTATE BANK OF
C."UFORNIA.. as Trustee
,",-
lIV,
Title:
/I;K
-~------_._-_..__..~----_.._.._--_..__.._._--- ---_.__.,~._--- --.".-,.""-----..---...----
.4153915784 4153915784 F-123 T-995 P-ØØ8/011 FEB 21 '95 15:17
.. ,.. . ... .-...
13016-28 }'1fHW;T.....~ ~13/!1&
1W~5 02/"/95
FIRST AMENDMENT TO LOAN AGREEMENT
..... ... .._ø. ,
alnOll2
-
OTY OF CHULA VISTA,. CALIFORNIA,
as Issue.:'
FIRST INTERSTATE BANK OF CALIFORNIA,
as T1'Qstee
and
BRE PROPERTIES, INC.,A DELAWARE CORPORATION,
as Bol'tOWe!
dated as of February 15, 1995
Rela&g to $9,490,000 City of Chula Vista .
Variable Rate M'Q1t1I¡)onily Housing Refunding Revenue Bonds
(Teaa Nova Associates Pr,;¡jed;), 1992 {ssue A
/~"'
"-, -_-._,~.,-- .--------_.__....----------~~.__.._- ...~. ~---,.-._----_._-.------_-. _._--_.__._.~._---
4153915784 4153915784 F-123 T-995 P-ØØ9/011 FEB 21 '95 15:18
THIS FIRST AMENDMENT TO LOAN AGKEE.I\ŒNT, dated as of February 15, 1995
Is among the City of Chula Visla, Califonúa, a municipal c0(t:ration and charter city duly
organized and existing under the laws of the Statlfof California the "aty"), First Iilterstate Bank
of CaJiComia,. as trustee (the 'Trustee") a..'\d BRE Properties, Inc., a Delaware corporation (the
"Borrower"), and. amends that œnaIn Loan Agreement, dated as of February 1,1992, among the
Oty, the Tmstee and the BOlTOwer (the "Loan Agreement");
Y.IITNESSt-n-I:
WHEREAS, the City r.aB iS$ued it!< ,Variable Rate MuJti("m¡~ Housing Refunding
R,:ve?~ Bonds <T:$::;~ ~~~~~.t.>!_!992 !ffi~~- ~ ..,.. ~~lØJ!allr:rga~,
pnna: amount 0, e 0 PUI$U8nt to e enture rust, a a5 0
Februarv 1. 1992. by the Citir and the,Trus~.(i:he "!nri'!!'.J:I!re");
WHEREAS, SRi Preper!'---, Ir.e., (the J!BOITO~, as successor to Terra' Nova
AssocIates, the owner of the muJl:Üamily boûsing project refinanced with the proceeds of the
Bonds, has ek!cted pumuant to the Indenture and IlIat _t..h~ Loan Agreement, dateå as 8f
Pf.¡'~ 1, 1992, &t\'æ~~e bsutt, tl\e 'J:UtBtðf: dM tlU! B8fR;1V.~ AAe: "baaB /1.gŒlfl.t!!Rt"); to
estab . on March I, 1 5 a Variable Rate ÓII> defined In the Indenture) with rert to the
Bonds and The Industrial Bank of Japan, WLimiteci. acting through its Los Ange es Agency
(the "Credit 13axIJc',>, ~ to extend !:he temi!nañon date of the Letter of Credit (as defined
in thl! IndéIlture) to I, 1998 and to make sod! "ther revisions thereto as may bé required
by the Indenture and the Loan Agreement;
WIlImEAS, in connection with the remaTketin~ of the Bonds, the Borrower has
requested that tbe City and the Tmstee make certain <ecluucal amendment:< to the provisions of
the Indenture and the Loan AgreeméIlt, which amenchnents are required by the Rating Agency
(as defined in the h1denture) prior tò t1ie renderln(i"õTiI3 mting on the 'Boiidsi
WHEREAS, Sedion 9.01(c) of 1M Indenh= provides that the Oty and the Trustee may
enter into an indenture supplemenlal to the Indenture to maJ<e such provisions fur the purpœe
£!.cu.rlng any ambiguity, il1oon5i5lency or omission, or of cwing, correcting or :;upplementing
any clefBj:ive provision cor.lainE!d in the II1denture, o~ in regards to matters or questions ariSing
under the Indenture, as the City may deem I1eCe5$:¡; or desirable and not inconsistent with the
Indenture, and which shaJl not matcrja1¡y aàver '. y affect thl! interests of the holders of the
Bonds;
WHEREAS, Section 10.04 of the Loan Agræment provides that the provisiom of the
Loan Agreement may bé amended by written in9trument executed by the parties thereto and
with the written consent of the Credit Bm>.k¡
WHEREAS, the Borrower and the Creèit .i3ank have comented in writing to the
execution and delivery of tftls Fifos~ Slipplemeftt «os kereiMfter defift~ First Supplemental
Indl!DtureofTrns datedasofPebIU 15199 h an between the . andth T (the
''FiJst SuÐØlement"), the Credit Bank has consented In writing to the execution and delivery 0
the rll'St Amendment (as h<:n:ÏBaitefo ddift~)to Loan AEt'eemcmt, Slated as of Februarv 15, 1995,
among the City, the Borrower and thl! Trust.... (1:Þ.e "First Amendment"), and the City and the
Trustêé have received an opinion of Bond Cou!'!Se¡ th<lt the amendments to the Indenture
purSWl1\t to the provisions of this First Supp,ement and the amendments to the Loan
Agreement pursuant to the provisions of tbeRm Amendment are made in aCCOIdzmœ with the
/1l'/~
--"- ---_.~_._--_..._--,--- -.._----_._---_.__.__.._-~---_.~._-- -. .~._---_..,.~-..._- -.----- .---.----
4153915784 4153915784 F-I23 T-995 P-01Ø/011 FEB 21 '95 15:19
provisions of the Indenture and, the LOIIft AgFeemeæ,-R8peetively¡ and sucb amendments·wiD· , -. ... ...,.
not maler1al1y adversely affect the interests of the holders of the Bonds;
NOW THEREFORE, in constdef2tJon of the above premises and of the mutual
covenants hereiM.fter contained 'and ·for good and valuable COIISIderation, the parties hereto
agree as follows:
.... .-
SECTION L Amendu.ent of the Loan A¡¡re~ment. .... ...
W The §røt paragraph of Section 4.û2 of t!1e Loan Agreement is hereby amended to
read Ú'I ~ entirety as foUows:
. ow...... . ..... .. _., ..... . , . ... 0...
"Section 4.02- l.oirn Ra~yuum.t..,¡mQ. Payment of Olhe.r AmÐ1Ul.t5., (a) The
BOl'lOweJ: hereby acknowl~ Its Jnd~'\eSS to the CiI:y, and agrees ~y the
Loan In the ~ and.at .tin1e$ nec-r to eJUlb1e the Trustee, an of the
Cty, to pay wben due all amount& paÿ~bfu with respect to ,the Bonds wilen .due,
whether at maturity or by redemption (with premium, if a~,,:ble) or acc~eration or
upon tender with a failure to remar1cet, or otherwise. The wer hereb covenants
and a ees t a durin an Variable <'erlod the Loan QJl th smess Da
imJnediate1.y wec~p, ~ i~terest Pa)l1'Ient Date. rommeru:Í1ur ~ :iI. 1995. in an
amount eaual to the ¡¡rlnr;tpa and Purchase Price of, and înb;!re$t on the Bonds due and
_vahle of such Interest Payment Date umil the T1I'Í1IÖl:lai and Purchase Price of,
tJI'eII'Oimn if any. and interest on the BondnmJ have been œid in full or »rovislon 'f1?1
the pavment thereof ~n have bmL,made in ~rdance with the Indenture."
(B) Subsection 7.01(e) of the Loa" Agre<:-.nent is hereby amended to read tn its
el.thety as follows: .... . ,.- ~ .., .. .. , ..... ' - , , ..
... .
"(e) receipt by the Tl'U5tee ''ftem the Credit Bank of notice of m' .
nonœi:mbursement of !he interest DortÎOn of the Letter of Credit fo:11owing a draWÏJ\r
thereon to pay Interest on the Bonds. or (¡¡) an event of default under the Credit
Agreement or the Deed of Trust and a request tbat it be treated as an Event of Default
heretmder."
Except as set forth above. the terms and prov!slons of the Loan Agreement ¡Q'e hereby
ratified and confirmed.
SECTION 2 Execution ill COWIterparts. njs First Amendment to Loan Agreement
:b be executed In several counterparts, each of wr-.ich shall be an original and all of whic:h
constitute but oneand the same instn1ment.
SECTION 3. Applitable Law. This Fu:st Aroendment to Loan Agreement IIhall be
governe::1 by and construed In accordanœ with the laws of the Slate of Califoriita.
SECTION 4. Effective Date. The provisions of this First Amendment to Loan
Agreement and the amendments made hereby 5ha11 !:alee effect upon remarketing of the Bonds
an March 1, 1995 and eXI!<.'tJlion of tbis Flrnt Aroenõment to Loan Agreement by the parties
hereto.
IP;II
___._____..__.___.._._ .__._____-...___u,~~_~_._.,._ -- ..__.---_._~---
· 4153915784 4153915784 F-123 T-995 P-011/011 FEE 21 '95 15:19
IN WITNESS WHEREOF, the City lias ~ the First Amendment to Loan Agreement
to be =ecuted and attested In its mune by its.duly authorized officer and eealed with its
c:mpor.rte seal; the Borrower has caused this Firet Amendment to Loan Agreement to be
executed in its Dame by it duly autbClri%ed of&er¡ and the Tru:;tee has caused this F!r$t
Amendment to Loan Agreement to he ex~l!OO ill its !'.!me by the dulyauthmized officer, as of
the date first hereinabove stated.
CITY OFCHULA·VIS'fA,. as Issuer
By:
TItle:
.. , ,.. .. ._. . 'ø"
(SEAL)
Attest:
City Clerk
F[RST INTERSTATE BANI( OF
CALIFORNIA, as Trostee
13,,:
I
Title:
BRJ;> PROPERTIES, INC., a Delaware
cŒ-poration
By;
Title:
/1"/,,2
---~------~....__._,_._-----~----- --------_.~
.-.-...----..-----
0.~"*'O
REMARKETING STATEMENT DATED FEBRUARY 21,1995
In th~ opinion of Jones Hall Hill & White, A Professional Law Corporation, San Francisco, California, Bond Counsel, subject, however, to
certain qualifications described herein, under existing law, interest on the Bonds is excluded from gross income for federal income tlX
purposes until any Reset Date or the Convet1ion Date (as de6.ned herein), except during any period wherein a Bond is held by a
"substantial user" afche facilities financed by the Bonds or a "related person" within the meaning of Secrion l03(bX13) afche
Internal Revenue Code of 1954, as amended (che" 1954 Code"), and such interesc is noc an icem of u.x preference for purposes
of the federal alternative minimum tax imposed on individuals and corporation. In the further opinion of Bond Counsel.
imereS[ on the Bonds is ~x~mpt from California ~rsonal incom~ cax. See "TAX MATTERS" her~in.
REMARKETING: NOT A NEW ISSUE RATING:
BOOK-ENTRY ONLY Srandard & Poor's: A + I A-I
(See "Rating" herein)
$9,240,000
CITY OF CHULA VISTA
Variable Rate Multifamily Housing Refunding Revenue Bonds
(Terra Nova Associates Project)
1992 Issue A
Dared Dare: February I, 1992
Remarkering Dare: March I. 1995 Maturiry Date: March 1, 2005
Th~ Bonds w~r~ issued by the Gty ofChula Vista, California (the "Gcy") pursuant to Article 11 of Chapter 3 ofche Part 1 of Division 2 of
Tide 5 of the Government Code of che Scate of California for che purpose of refunding outstanding revenue bonds of the Gcy designated as Gty
of Chula Vista, California, Multifamily Hawing Revenue Bonds, Series 1985 (Terra Nova Associates Project) (the "Prior Bonds"). The proceeds
of the Prior Bonds were used to finance the acquisition and construction of a multifamily rental housing development (the "Project") located in
th~ City. The Bonds are being remarketed pursuant to th~ Indenture, dated as of February 1, 1992, by and between the Gty and Fits[
Interstate Bank of California, as trustee (the "Trustee"), as weekly variable rate demand bonds. The Bonds will beat interest from the date of
c~marketing at a .variable weekly interest rate (the "Variable Rate") determined as described herein and pursuant to the Indenture unless the
interest tate on the Bonds is, as described herein, converted to a Reset Rate (as defined herein) or a Fixed Rate (as defined herein). Interest on the
Bonds will, so long as the Bonds beat interest at a Variable Rate, be payable on the first Bwiness Day (as defined herein) of each month,
commencing April 3, 199~.
THIS REMARKETING STATEMENT DESCRIBES THE BONDS ONLY DURING THE PERIOD IN WHICH THE BONDS BEAR
INTEREST AT A VARIABLE RATE AND PRIOR TO A CONVERSION TO A RESET RATE OR A FIXED RATE. WHICH PERIOD
BEGINS ON THE REMARKETING DATE THEREOF,
The Bonds are issuable in book-entry form, icùtially registered in the name of Cede & Co., New York, New York, as nominee of The
Depository Trwt Company, New York, New York ("DTC"). Purchasers will not receive certificates representing their interestS in the Bonds.
For so long as Bonds bear interest at a Variable Rate, individual purchases of the Bonds will be made in book-entry form only in denominations
of $100,000 or any integral multiple thereof (except that one Bond may be in the ptincipal amount of $100,000 and any integral multiple of
S~,OOo in excess thereot). Principal and interest on the Bonds will be paid by the Trustee to DTC, which in turn is obligated to remit such
pcincipal and int~r~st to DTC Participants (as such term is herein defined) for subsequent disbursem~ne to the Beneficial Owners of th~ Bonds.
An irrevocable direct-pay letter of credit (the "Letter of Credit") will be issued in favor of the Trustee by
The Industrial Bank of Japan, Limired,
Los Angeles Agency
Drawings under the Letter of Credit will be used to pay the principal and Purchase Price of and interest due on the Bonds (other than
Bonds tegistered in the name ofBRE Pro~rties, Inc. (the "Botrower") and in which The Industrial Bank of]apan, Los Angeles Agency (the
"Credit Bank") has a security interest). The Letter of Credit will expire on March 1, 1998, or on such earlier date as a substitute Letter of Credit
is issued or the Bonds are no longer Outstanding. A substitute Letter of Credit may be issued at any time under the circumstances permitted by
the Loan Agreement (as defined herein).
Subject to the limitations described herein, while the Bonds bear interest at a Variable Rate, the Bondholders will have the tight, on not
I~ss than seven days' prior notice, to tender Bonds, or portions thereof in denominations of $100,000 or any integral multiples theteof (except
for one Bond which may be tendered in the principal amount 0£$100,000 and any integral multiple of$5,000 in excess thereof) for purchase'at
a price of par plus accrued interest thereon, if any, to the date of purchase (the "Purchase Ptice"), as described herein. The Bonds will be subject
to conversion, with the written consene of the Credit Bank, to a Reset Rate or a Fixed Rate at the election of the Borrower, with notice to
Bondholders, and, upon such conversion, the Bonds will be subject to mandatory tender and all Outstanding Bonds not pro~rly tendered for
purchase will be deemed to have been so tend~red for purchase at the Purchas~ Price. The LetterofCtedit will be drawn on, if and to theatene
th~ Bonds are not remarketed, to pay the Purchase Price of Bonds tendeted by th~ owners thereof. See "THE BONDS _ Demand Fot and
Mandatory Purchase'" herein.
The Bonds will be subject to redemption, prior to maturity, in whole or in pan, at the redemption prices and under the
circumstances described herein. The Leccer of Credit will be drawn on to pay the principal and accrued interest portions, but not r~demption
pr~miurn, if any, of th~ redemption price of the Bonds. See "REDEMPTION OF BONDS" h~rein.
Neither the faith and credit nor the taxin, power of the Cicy, the State of California or any political subdivision thereof is
pledged ro the payment of the principal of, premium, if any, or interest on the Bonds. The Bonds, to¡ether with the interest thereon,
are limited obliptions of the City payable only from the Revenues (as defined in the Indenture) and gives rise to no pecuniary
liability of the Cicy with respect to, or any char,p against, its general credit.
THIS COVER PAGE CONTAINS CERTAIN INFORMATION FOR QUICK REFERENCE ONLY IT IS NOT A SUMMARY OF
THIS ISSUE, INVESTORS MUST READ THE ENTIRE REMARKETING STATEMENT TO OBTAIN INFORMATION ESSENTIAL TO
THE MAKING OF AN INFORMED INVESTMENT DECISION,
The Bonds are being ceoffered subject to the approval of legality by Jones Hall Hill & White, A Professional Law Corpotation, San Francisco,
California, Bond Counsel. Certain legal matters will be passed on for the Borrower by Parella, Braun & Martel, San Francisco, Califorcùa,
and for the Credit Bank by Pillsbury Madison & Sutro, Los Angeles. Ca.lifornla. Certain legal matters will be passed upon for the
~marketing Agent by its counsel, Nossaman, Guthner, Knox & Elliott. San Francisco. It is expected that the Bonds as
remarketed wûl be available for delivery through DTC on or abour March 1, 1995, in New York, New York.
PaineWebber Incorporated
IÕ-/J
No dealer. broker. salesperson or other person has been authorized by the City. the Borrower. the
Credit Bank or the Remarketing Agent to give any infonnation or to make any representations other than
those contained m this Remarketing Statement, and, if given or made. such other infonnation or
representations must not be relied upon as having been authorized by any of the foregoing. The
Remarketmg Statement does not constitute an offer to sell or the solicitation of any person in any
JunsdictIon in which it IS unla"ful for such person to make such offer. solicitation or sale,
The mfonnation set forth herein has been obtamed from the City. the Borrower. the Credit Bank
and other sources which are believed to be reliable. but it is not guaranteed as to accuracy or completeness
and is not to be construed as a representation by the Remarketing Agent. The infonnation and expressions
of opinion herein are subject to change without notice. and neither the delivery of this Remarketmg
Statement nor any sale made hereunder, under any circumstances. shall create any implication that there
has been no change in the affairs of the Borrower or the Credit Bank or any other party described herem
subsequent to the date as of which such infonnation IS presented,
rN CONNECTlON WITH THIS REOFFERING. THE REMARKETING AGENT MAY
OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE THE MARKET PRICE OF THE
BONDS AT A LEVEL ABOVE THAT WHICH MIGlIT OTHERWISE PREVAIL rN THE OPEN
. MARKET. SUCH STABILIZrNG. IF COMMENCED. MAY BE DISCONTINUED AT ANY TIME.
.
.
JtJ,r/,/
TABLE OF CONTENTS
INTRODUCTION".., '.."........ ',.,""",.,..."",........"""", , ....""" I
THE BONDS ,.. ....,...... 3
General............................................ ' ." ,'.,."", "'""""""""""""",.,.."" ,... .,'..""".,.""'.,, 3
The Book-Entry System ,.... ......,..... ...... .. "".......... ......... ....,.. ..'....,................. ,4
Variable Rate... ..........,..... ...... """",,'.. ............" '..,.., .. ...................... .............. ",..,'.. 6
Reset Rate.. ................................, ..................... ...... ............ 7
Fixed Rate """,'.., ...................... ............., '..,. ,... ...........,... ............, .., ..., ,......, ",9
Demand For and Mandatory Purchase ......,.........,. .... ....... ........,........ , 10
Remarketing of Bonds ....,..., ........,.., ....... .... ..........,...............,...............,.. II
Purchase of Bonds Not Remarketed '.'... ..,............ .........................,..,.,..........., .............,.,..... 12
Limited Obligation ...... ....,............... ................... ,... ..,.. ...... """""""""". ""." 13
Additional Bonds..,..........,...... ..""" "'" " ..,............., ","""" "".""" , 13
REDEMPTION OF BONDS" .......... 13
Terms of Redemption ..................,.'.'. .... ...'...............................,....... ..,'......, ..,....., ...... ...., 13
SOURCES OF PAYMENT FOR THE BONDS ........................ ...................... ,15
Generally........".. .....,.... '..'....""",,'....,.......,...., ............., .. ......, .."", 15
The Letter of Credit ......... .............., .....................,.,.......... ..... .............., ....,..,.................,.. 16
Substitute Letter of Credit., ",'. ,.""". .,.""", ,,""" """"""""""""".. ",.,... 16
THE CITY................ ,..........,......... .............. .,",.............. .. 20
THE CREDIT BANK........................ ' ............ 20
THE BORROWER AND THE PROJECT ...................... ..........,.......... 20
Introduction, ..... ......,...., ....,....,"",..,'""""""""""""""""""" ,. '" ,..... ,.., ,...... ........ ...... 20
The Project" ""'" """","""""""","""""""",""" '."", ",..., ,., '..,.""........ """ ... ,.", "', ..., ...,..,., 21
SELECTED DEFINITIONS..,............................,.... .... ...... .................... 22
SUMMARY OF THE INDENTURE "..""..............,.. ............., ..........,..... .... ..............", 27
Revenues, ",."..'..".,""""',."."".........""",...."""""".".,'." "'" """"'" ",""""""","""""""', 2 7
Investments ................................. ...................,. ................,. ........ .........................................28
Discharge of Lien, """",.,.""""",""""""","""""""', """""""',.,',..,..,""",.,',...,.,",...~
Events of Default and Remedies.., ......................................,...... ....,.,...... ..,.... , .............. 30
Institution of Legal Proceedings "". ",,'.,.... ",..,.,.......,. ""........,., ".... "'" ""'" ..,."""",.,.31
Rights and Remedies of Bond Owners.. ......... ........... ............. ....,........... ............,....,.... 32
The Trustee ..............., .............. ...... ........ ................,..... .......... .... .... ...................... ........' 32
Supplemental Indentures...""",....."""",.... "'" .... ..""" ".,'...""", ,,"""""" ","""'" ""',"" 33
SUMMARY OF THE LOAN AGREEMENT. ......, ..", .... ..................... ...... """",'.., 35
Payment of the Loan.., ................... ............................................ ...........,.... ,...,..................,., 35
Prepayment ofthe Loan ..,........... .....................................................,.....'...,. .......,. "",..... 36
Events of Default ..,.........................,. ............... ................,.. ........,.. 36
Remedies on Default....... ..,........ ....,....................................,..,. .............. ................... ......,., 37
SUMMARY OF THE LEITER OF CREDIT AGREEMENT ......,...,..,............"........"",'....,..""..,.... 38
SUMMARY OF THE HOUSING COOPERATION AGREEMENT .................. ........................... 39
SUMMARY OF THE REGULATORY AGREEMENT.........., ..,.............. ............ 39
Residential Rental Property", """"""""""""""""""""""""",""""""""",',""""""",""""'" 39
Lower Income Tenants.. """""........ ",.., ..,.......... 40
Recordation ............, ...................... ............... 42
Sale or Transfer of the Project ".. ......,......,... ,........, ,.."""" 42
Enforcement ........ ..,.... ........ ,..,..,.,......................... ...........,........................................ 42
Thrm"",,"'~
Indemnification ".,."""""",...... """......"",'...."., """"".,.....,'.,."..., ..,"""""""""""""""~
Burden and Benefit.................... ,............ ..... ......,... ..,...., ".."""", 44
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TABLE OF CONTENTS (cont'd)
ENFORCEABILITY OF REMEDIES.., ,....,.. ..,... ..,.... ..""""""""""" ',............"""""""""""" 44
ABSENCE OF LITIGATION" ........................... ...,"""""",'""..,....,....""" 44
TAX MATTERS" """ ...."" ...", ,., ,......"" ,. '.,"""""""""""""""""""""""""" "",...., '. '. ,., '" '." ,.."".. 44
REMARKETING, "..""...... ,................, ................. ........ .............,....".............. ",,'.. 45
RATING..,..,......, "........ ...... "",...""",.,...,......"",.."""""""""""'" 45
CERTAIN LEGAL MATTERS ..,...." ....,...., .................., ",46
MISCELLANEOUS........ ......... ......,....... ",,'... ..,'.. .."'..,,.. ,........................ 46
Appendix A - Final Opinion of Bond Counsel Delivered on the Closing Date.. ........ ....."", ........., A-I
Appendix B - Proposed Form of Supplemental Opinion of Bond Counsel to be Delivered
In Connection with the Remarketing of the Bonds ...........................,...........,.,.,...........B-I
I ¡)" /~
$9,240,000
CITY OF CHULA VISTA
VARIABLE RATE MUL TlFAMIL Y HOUSING REFUNDING REVENUE BONDS
(TERRA NOVA ASSOCIATES PROJECT)
1992 ISSUE A
INTRODUCTION
This Remarketing Statement. which includes the cover page. table of contents and the Appendices
hereto, sets forth certain infonnation relating to the remarketing of $9.240.000 aggregate pnnclpal amount
of the City of Chula Vista (the "City") Variable Rate Multifamily Housing Refunding Revenue Bonds
(Terra Nova Associates Project), 1992 Issue A (the "Bonds"), The City is a municipal corporation and
charter city. duly organized and existing under the laws of the State ofCalifonua,
THIS REMARKETING STATEMENT DESCRIBES TIIE BONDS ONLY DURING TIIE
PERIOD IN WHICH BONDS BEAR INTEREST AT A VARIABLE RATE AND PRIOR TO ANY
CONVERSION TO A RESET RATE OR A FIXED RATE. WHICH PERIOD BEGINS ON TIIE
REMARKETING DATE TIIEREOF, DURING SUCH PERIOD PAYMENTS OF TIIE PRINCIPAL
AND PURCHASE PRICE OF AND INTEREST ON TIIE BONDS WILL BE SECURED BY THE
LEITER OF CREDIT OR A SUBSTITUTE LEITER OF CREDIT (AS DESCRIBED HEREIN)
The Bonds were issued pursuant to the authority contained in Article II of Chapter 3 of Part 1 of
Division 2 of Title 5 of the California Government Code (the "Act") and an authorizing resolution adopted
by the City on February II. 1992 (the "Resolution"), The Bonds are secured by, and were issued pursuant
to the tenns of an Indenture of Trust dated as of February 1.1992 (the "Indenture"), between the City and
First Interstate Bank of California. as trustee (the "Trustee"). The proceeds of the sale of the Bonds were
used by the City to make a loan (the "Loan") to Terra Nova Associates. a general partnership (the "Prior
Borrower") to provide moneys to redeem $9,490.000 outstanding principal amount of the City's
Multifamily Housing Revenue Bonds (Terra Nova Associates Project). Series 1985 (the "Prior Bonds"),
The proceeds of the Prior Bonds were used to finance the acquisition and construction of a multifamily
rental housing development (the "Project") located in the City of Chula Vista, California. The Loan was
originated on the Closing Date pursuant to a Loan Agreement dated as of February I. 1992 (the "Loan
Agreement") by and among the City. the Prior Borrower and the Trustee, The Prior Borrower sold the
Project to BRE Properties, Inc. (the "Borrower") in March of 1994, and, as a result, the Borrower has
assumed the obligations of the Prior Borrower under the Loan Agreement, the Regulatory Agreement, the
Housing Cooperation Agreement and certain other documents relating to the Bonds,
Concurrent with, and as a condition to. the remarketing of the Bonds, the Borrower will cause to be
delivered to the Trustee an irrevocable direct-pay letter of credit (the "Letter of Credit") issued by The
Industrial Bank of Japan, Limited, Los Angeles Agency (the "Credit Bank") pursuant to a Letter of Credit
Agreement dated as of March I, 1985 (the "Original Letter of Credit Agreement") between the Credit Bank
and the Prior Borrower. as amended by a First Amendment to Letter of Credit Agreement dated as of
February I. 1992 (the "First Amendment") between the Credit Bank and the Prior Borrower. and a Second
Amendment to Letter of Credit Agreement made as of February 15. 1995 (the "Second Amendment")
between the Credit Bank and the Borrower (the Onginal Letter of Credit Agreement. as amended by the
First Amendment and the Second Amendment. is herem referred to as the "Letter of Credit Agreement"),
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________._.__.____..__~_ _~..~_____ _._.___ .'. ...____.".____.__"._~___"_·w_··.______,·. _.__~._~...,_...".__,.____.______
The Letter of Credit will expire on March I. 1998, or on such earlier date as a substitute Letter of Credit is
delivered or the Bonds are no longer outstanding, The obligations of the Borrower under the Letter of
Credit Agreement are also secured by the Borrower Mortgage (hereinafter defined),
The Letter of Credit will be in an amount equal to the principal amount of the Bonds plus an
amount equal to 53 days' interest on the Bonds Outstanding. computed at a rate of 12% per annum unless
and to the extent that there shall have been delivered to the Trustee a substitute Letter of Credit.
confonnmg to the provIsIons of the Loan Agreement, in an amount equal to the then-outstanding aggregate
pnncipal amount of the Bonds. plus interest thereon for a period of 53 days at the higher rate, The Trustee
IS required. under the Indenture, to draw upon the Letter of Credit to the extent and at such times as may be
necessary to make full and timely payments of (i) principal and interest (but not any premium) on the
Bonds (other than Bonds owned by the Borrower and pledged to the Bank ("Pledged Bonds"» and (ii) the
Purchase Price of Bonds tendered to the Tender Agent and not remarketed, The Letter of Credit will be
automatically reinstated to the extent of any drawings to pay interest on the Bonds on an Interest Payment
Date on the earlier to occur of (i) the date of full reimbursement of such interest draw and (ii) 10 banking
days after such draw unless the Credit Bank otherwise gIves notice to the Trustee, and will be reinstated to
the extent of reimbursement of any drawings to pay principal and interest on tendered Bonds, See
"SOURCES OF PAYMENT FOR THE BONDS - The Letter of Credit" and "THE LEITER OF
CREDIT AGREEMENT" herein,
The Bonds are initially to be remarketed as Variable Rate Bonds, Upon conversion to a Reset Rate
or a Fixed Rate. the Bonds will be subject to mandatory tender and all Outstanding Bonds not properly
tendered for purchase will be deemed to have been so tendered for purchase at the Purchase Price, In
addition, following any Reset Date. including March l. 1995. in the event that Bonds will bear interest at a
Variable Rate. the Bondholders of those Bonds will have the right, upon seven days' notice. to deliver such
Bonds to the Tender Agent for purchase at their "Purchase Price," being par, plus accrued interest thereon,
if any. to the proposed date of purchase (the "Purchase Date"), See "THE BONDS - Demand For and
Mandatory Purchase" herein, The Bonds are also subject to mandatory tender under circumstances set
forth under the caption "THE BONDS - Demand For and Mandatory Purchase" herein.
The Loan and the obligations of the Borrower to repay drawings under the Letter of Credit
Agreement are secured by a first deed of trust trom the Borrower to the Trustee and the Credit Bank as
co-beneficiaries (the "Borrower Mortgage"), The remaining obligations of the Borrower under the Letter of
Credit Agreement are secured by a second deed of trust trom the Borrower to the Credit Bank (the "Bank
Second Mortgage"),
In connection with the Loan, the City. the Trustee and the Prior Borrower entered into an Amended
and Restated Regulatory Agreement and Declaration of Restrictive Covenants dated as of February I. 1992
(the "Regulatory Agreement"), which restricts the operation and occupancy of the Project. Among other
things. the Regulatory Agreement will require that 20 percent of the dwelling units either be occupied by
Lower-Income Tenants (as herein defined) or. if vacant. have been occupied last by Lower-Income Tenants
and have been continuously held available for occupancy by Lower-Income Tenants, The City and the
Prior Borrower also entered into an agreement (''Housing Cooperation Agreement") which is also for the
purpose of assuring that 20 percent of the dwelling units in the Project are made available to Lower-Income
Tenants See "SUMMARY OF HOUSING COOPERATION AGREEMENT" herein.
Pursuant to a Remarketing Agreement dated as of March I. 1995 (the "Remarketing Agreement").
among the Borrower. PaineWebber Incorporated and the Trustee. PaineWebber Incorporated will serve as
T /~--/Ý
Remarketing Agent (the "Remarketing Agent") for the remarketing of Bonds tendered for purchase in
accordance with the tenns of the Indenture,
The Bonds are limited obligations of the City and are not a lien or charge upon the funds or
property of the City. except to the extent of the pledge of Revenues and assignment of certain rights under
the Indenture. Neither the faith and credit nor the taxing power of the Issuer is pledged to the payment of
the principal of or interest on the Bonds, The Bonds do not constitute an indebtedness or a loan of credit of
the City within the meaning of any constitutional or statutory provisions. The Bonds are not a debt of the
State of California (the "State") and the State IS not liable for the payment thereof
There follows in this Remarketing Statement brief descriptions of the Bonds. the sources of
payment for the Bonds, the City. the Credit Bank. the Borrower and the Project together with summaries of
the Indenture. the Loan Agreement, the Letter of Credit, the Letter of Credit Agreement. the Regulatory
Agreement and the Housing Cooperation Agreement and certain other documents, The summaries of
documents described herein do not purport to be complete and are qualified in their entirety by reference to
such documents. During the period of the remarketing of the Bonds. copies of fonns of the Indenture. the
Loan Agreement. the Letter of Credit. the Letter of Credit Agreement and the Regulatory Agreement are
available for inspection by prospective investors at the offices of the Trustee. 707 Wilshire Boulevard. Los
Angeles, California 900 I 7, Certain tenns used in this Remarketing Statement and not otherwise defined
are defined under the caption "SELECTED DEFINITIONS."
THE BONDS
General
While the Bonds bear interest at a Variable Rate, the Bonds will be issuable in the denomination of
$100.000 (except that one Bond may be in the principal amount of $100.000 and any integral multiple of
$5,000 in excess thereof); and. during a Reset Period, if any. or after the Conversion Date. if any. the
Bonds will be issuable in the denomination of $5.000 or any integral multiple thereof (in each case. as
appropriate. the "Authorized Denominations"), The Bonds were dated February I, 1992. and will mature
on March I. 2005, Each Bond will bear interest from the Interest Payment Date next preceding the date of
authentication thereof to which interest has been duly paid or provided for. unless a Bond is authenticated
during the period from the Record Date to and including the next Interest Payment Date. in which case it
will bear interest from such Interest Payment Date, Each Bond will bear interest on overdue principal at
the rate then in effect on such Bond, No interest will accrue with respect to any Pledged Bond during the
period when it is a Pledged Bond.
The principal of the Bonds and premium. if any. will be payable only upon presentation thereof at
the principal corporate trust office of the Trustee in Los Angeles. California. or its successor in interest.
Interest on the Bonds will be paid on each Interest Payment Date and will be paid by check mailed by first-
class mail. postage prepaid. to each Bondholder at Its address as it appears on the registration books of the
Trustee on the Record Date or. upon the written request of any Bondholder of a least $1.000.000 in
aggregate principal amount of Bonds received by the Trustee not later than fifteen days prior to the Record
Date for such payment, by wire transfer in immediately available funds to an account within the United
States designated by such Bondholder. any such designation to remain in effect until withdrawn, The
Purchase Price of any Bond will be paid only upon surrender of such Bond to the Tender Agent.
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The Bonds may be transferred or exchanged by the Bondholders upon surrender of such Bonds at
the principal corporate trust office of the Trustee. or the Tender Agent with respect to tendered Bonds,
Whenever any Bond or Bonds are to be surrendered for transfer or exchange. the Trustee or the Tender
Agent. as applicable. is required to authenticate and deliver or make available for pickup in the name of the
transferees a new fully registered Bond or Bonds duly executed by the Issuer. of the same type and maturity
and of Authorized Denomination or Denominations in the appropriate principal amount to the transferee or
Bondholder in exchange therefor, The Trustee will reqUIre the payment by the Bondholder requesting such
exchange or transfer of any tax. fee or other governmental charge required to be paid WIth respect to such
transfer or exchange, Neither the Trustee nor the Tender Agent is required to register the transfer or
exchange of any Bond after the selection of such Bond for redemption has been gIven as provided in the
Indenture or during the period of 10 days next preceding the selection of Bonds for redemption. The
Trustee will not register the transfer of any Pledged Bonds unless certain conditions set forth under the
Indenture are met.
Upon conversion to a Variable Rate followmg a Reset Period. or to a Reset Rate or a Fixed Rate.
or upon delivery of a substitute Letter of Credit pursuant to the Loan Agreement. the Developer will cause
new Bonds. reflecting the Variable Rate. the Reset Rate. the Fixed Rate or the Substitute Letter of Credit.
to be prepared and approved by Bond Counsel at the Borrower's expense and will furnish such Bonds to the
Trustee, The City will execute and the Trustee or the Tender Agent will authenticate and deliver such
Bonds in exchange for Bonds bearing a Variable Rate, a Reset Rate or a Fixed Rate. or identifying the
substitute Letter of Credit. as the case may be. including Bonds not delivered to the Trustee or the Tender
Agent and deemed to have been purchased in accordance with the Indenture,
In the event any Bond or temporary Bond is mutilated. lost. stolen or destroyed. the Issuer may
cause to be executed and the Trustee may authenticate a new Bond of like date. maturity. type. interest rate
, and denomination as that mutilated. lost. stolen or destroyed: provided that. in the case of any mutilated
Bond. such mutilated Bond must first be surrendered to the Trustee. and in the case of any lost. stolen or
destroyed Bond. there first must be furnished to the Trustee evidence of such loss. theft or destruction
satisfactory to it. together with indemnity satisfactory to the Issuer and the Trustee. The Issuer and the
Trustee will charge such Bondholder with their reasonable fees and expenses in connection with the
authentication of a replacement Bond, In the event any such Bond has matured. instead of issuing a
replacement Bond. the Trustee may pay the same upon receipt of indemnity satisfactory to the Trustee and
the Issuer,
The Book-Entry System
THE INFORMATION IN THIS SUBSECTION CONCERNING DTC AND DTC'S BOOK-
ENTRY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE CITY. THE TRUSTEE
AND THE REMARKETING AGENT BELIEVE TO BE RELIABLE. BUT THE CITY. THE
TRUSTEE AND THE REMARKETING AGENT TAKE NO RESPONSIBILITY FOR THE
ACCURACY THEREOF, THE BENEFICIAL OWNERS SHOULD CONFIRM THE FOLLOWING
INFORMATION WITH DTC OR THE DTC PARTICIPANTS (AS DEFINED HEREIN),
DTC will act as securities depository for the Bonds, The Bonds will be issued as fully-registered
bonds registered in the name of Cede & Co, (DTC's partnership nominee), One fully-registered Bond will
be issued for each maturity of the Bonds. each in the aggregate principal amount of such maturity. and will
be deposited with DTC,
/ j(J -' ol-O
DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking
organization" within the meaning of the New York Banking Law. a member of the Federal Reserve System,
a "clearing corporation" within the meamng of the New York Uniform Commercial Code. and a "clearing
City" regIstered pursuant to the provIsions of Section 17 A of the Securities Exchange Act of 1934, DTC
holds securities that its participants (the "Participants") deposit with DTC, DTC also facilitates the
settlement among Participants of secunties transactions, such as transfers and pledges. in deposited
secuntles through electronic computerized book-entry changes In ParticIpants' accounts, thereby
elimInating the need for physical movement of securities certificates DTC is owned by a number of its
Participants (the "Direct Participants') and by the New York Stock Exchange. Inc.. the American Stock
Exchange. Inc. and the National Association of Securities Dealers, Inc. Direct Participants include
securities brokers and dealers. banks. trust companies, clearing corporations and certaIn other
organizations, Access to the DTC system is also available to others such as securities brokers and dealers.
banks and trust companies that clear through or maintain a custodial relationship with a Direct Participant.
either directly or indirectly ("Indirect Participants"). The Rules applicable to DTC and its Participants are
on file with the Securities and Exchange Commission.
Purchases of the Bonds under the DTC system must be made by or through Direct Participants.
which will receive a credit for the Bonds on DTC's records, The ownership interest of each actual
purchaser of each Bond ("Beneficial Ovmer") is in turn to be recorded on the Direct and Indirect
Participants'records, Beneficial Owners will not receive written confirmation from DTC of their purchase.
but Beneficial Owners are expected to receive written confirmatIons providing details of the transaction, as
well as periodic statements of their holdings. from the Direct or Indirect Participant through which the
Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be
accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners,
Beneficial O\'i\1ers will not receive certificates representing their ownership interests in the Bonds. except in
the event that use of the book-entry system for the Bonds is discontinued,
To facilitate subsequent transfers. all Bonds deposited by Participants with DTC are registered in
the name of DTC's partnership nominee, Cede & Co, The deposit of Bonds with DTC and their
registration in the name of Cede & Co, effect no change in beneficial ownership, DTC has no knowledge
of the actual Beneficial Owners of the Bonds: DTC's records reflect only the identity of the Direct
Participants to whose accounts such securities are credited, which mayor may not be the Beneficial
Owners, The Participants will remain responsible for keeping account of their holdings on behalf of their
customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct
Participants to Indirect Participants and by Direct Participants and Indirect Participants to Beneficial
Ov¡ners. will be governed by arrangements among them, subject to any statutory or regulatory requirements
as may be In effect from time to time,
Redemption notices shall be sent to Cede & Co, If less than all of the Bonds within an issue are
being redeemed. DTC's practice is to determine by lot the amount of the interest of each Direct Participant
in such issue to be redeemed.
Neither DTC nor Cede & Co, will consent or vote with respect to the Bonds. Under its usual
procedures. DTC mails an Omnibus Proxy to an issuer as soon as possible after the record date, The
OmnIbus Proxy asSignS Cede & Co,'s consenting or voting rights to those Direct Participants to whose
accounts the Bonds are credited on the record date (Identified in a listing attached to the Omnibus Proxy),
/' JtY~~/
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Principal. mandatory redemption and interest payments on the Bonds will be made to DTe. DTe's
practice is to credit Direct Participants' accounts on payment dates In accordance with their respective
holdings shown on DTe's records un1ess DTC has reason to believe that it will not receive payment on the
date payable. Payments by Participants to Beneficial Owners will be governed by standing instructions and
customary practices, as is the case with secunties held for the accounts of customers in bearer form or
registered in "street name." and will be the responsibility of such Participant and not of DTC. the Trustee
or the City. subject to any statutory or regulatory requirements as may be in effect from time to time,
Pa}ment of principal and interest to DTC is the responsibility of the City or the Trustee, disbursement of
such payments to Direct Participants shall be the responsibility of DTC and disbursement of such
pa}ments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants,
The City cannot and does not give any assurances that DTC, DTC Participants or others will
distribute payments of principal, interest or premium with respect to the Bonds paid to OTC or its
nominee as the registered owner, or will distribute any redemption notices or other notices, to the
Beneficial Owners, or that they will do so on a timely basis or will serve and act in the manner
described in this Remarketing Statement. The City is not responsible or liable for the failure of DTC
or any OTC Participant to make any payment or give any notice to a Beneficial Owner with respect
to the Bonds or an error or delay relating thereto.
The foregoing descriptIOn of the procedures and record-keeping with respect to beneficial
ownership interests In the Bonds, payment of pnncipal. interest and other payments on the Bonds to DTC
Participants or Beneficial Owners. confirmallon and transfer of beneficial ownership interests in such
Bonds and other related transactions by and between DTC. the DTC Participants and the Beneficial
Owners is based solely on information provided by DTe. Accordingly. no representations can be made
concerning these matters and neither the DTC Participants nor the Beneficial Owners should rely on the
foregoing information with respect to such matters. but should instead confirm the same with DTC or the
DTC Participants, as the case may be,
DTC may discontinue providing its services with respect to the Bonds at any time by giving notice
to the Trustee and discharging its responsibilities with respect thereto under applicable law or the City may
terminate participation in the system of book-entry transfers through DTC or any other securities
depository at any time, In the event that the book-entry system is discontinued. the City will execute, and
the Trustee will authenticate and make available for delivery. replacement Bonds in the form of registered
bonds In addition. the following provisions would apply: the principal of and redemption premium, if any.
on the Bonds will be payable at the corporate trust office of the Trustee in Los Angeles, California. and
interest on the Bonds will be payable by check mailed to the registered owner as of the close of business on
the Record Date, Bonds will be transferable and exchangeable on the terms and conditions provided in the
Indenture,
Variable Rate
The Bonds are being remarketed in the form of Variable Rate Bonds, The Variable Rate of interest
borne by the Bonds for each Variable Interest Accrual Penod will be the Variable Rate determined by the
Remarketing Agent (which rate shall be reported to the Trustee. the Tender Agent. the Borrower and the
Credit Bank) on the Variable Interest Computation Date for such Variable Interest Accrual Period. Any
Bondholder may obtain information on the Variable Rate by request to the Trustee, During any Variable
Period. the interest accrued on the Bonds will be calculated on the basis of a 365-day or 366-day year. for
the actual number of days elapsed,
/ IIJ '" J..;)..
The Variable Rate detennined by the Remarketing Agent on each Variable Interest Computation
Date will be that rate of interest which. if borne by the Bonds, would. in its judgment. having due regard to
prevailing financial market conditions. be the interest rate required. but which would not exceed the interest
rate required. to be borne by the Bonds in order for theIr market value to be 100% of the principal amount
thereof (disregarding accrued interest); provided. that in no event is the Variable Rate at any time pennìtted
to exceed 12% per annum unless and to the extent that there has been delivered to the Trustee (i) a Letter of
Credit in an amount equal to the then outstanding principal amount of the Bonds plus interest thereon for a
period of 53 days calculated at the higher Vanable Rate. and (ii) an opinion of Bond Counsel to the effect
that such higher Variable Rate is pennitted under applicable law and wIll not III itself. cause the interest on
the Bonds to be included III the gross Illcomes of the Bondowners for federal tax purposes; and provIded
further that the Variable Rate on any Bond will never exceed the maximum rate of interest which may be
charged or collected by the registered owner thereof pursuant to provisions of federal or state law
applicable to such owner. If the Remarketing Agent fails or refuses to detennine the Variable Rate on any
Variable Rate Computation Date. then the Variable Rate most recently detennined will remain in effect for
the first Variable Interest Accrual Period for which no Variable Rate is detennined: and for each Variable
Interest Accrual Penod thereafter until the Remarketing Agent detennines the Variable Rate as provIded
above. the Variable Rate will be equal to the lesser of (i) 90% of the A-IIP-I commercial paper rate as
reported in the Wall Street Journal on each Variable Interest Computation Date. or (ii) the maximum
Variable Rate allowable under the two provisos in the preceding sentence,
The detennination of the Variable Rate by the Remarketing Agent will (in the absence of manifest
error) be conclusive and binding on the holders of the Bonds. the City. the Borrower. the Credit Bank, the
Remarketing Agent and the Trustee. and each will be protected in relying on it.
Reset Rate
Provided that no Event of Default shall have occurred and be continuing, the rate of interest on the
Bonds may. with the written consent of the Credit Bank. be established at a Reset Rate on any Interest
Payment Date during a Variable Period or on any Reset Date. In order to establish a Reset Rate. the
Borrower must deliver the written consent of the Credit Bank and a written notice to the Trustee. the City.
the Credit Bank. the Tender Agent and the Remarketing Agent specifying (i) (if the Bonds then bear interest
at a Variable Rate) the Reset Date, whIch must be not less than 40 days after such notice is received by the
parties. (ii) the proposed duration of the Reset Period. which must be at least six months and must
tenninate on the date immediately prior to an Interest Payment Date. (iii) the date on which the Reset Rate
will be detennined by the Remarketing Agent, which date may not be later than the Business Day
immediately prior to the Reset Date and (iv) any redemption amounts for each Interest Payment Date
thereafter at a price equal to the principal amount of Bonds subject to redemption. plus interest accrued
thereon. without premium. pursuant to the Indenture, Such notice must be accompanied by (i) an opinion
of Bond Counsel to the effect that the establishment of the Reset Rate in accordance with the procedure
described in the Indenture is pennitted by the Indenture and the Act and will not adversely affect the
exclusion from gross income for federal income tax purposes of interest on the Bonds. (ii) if necessary. an
unconditional commitment of a bank or other entity to issue the Letter of Credit to be in effect upon and
after the Reset Date. together with accompanying documentation required by the Loan Agreement. (iii) the
fonn of notice to be given by the Trustee to the holders of the Bonds with respect to the establishment of a
Reset Rate. (iv) payment to the Trustee of such amount as the Trustee reasonably detennines may be
reqUIred III connection with the establishment of the Reset Rate. including, but not limited to. its own fees
and expenses and the cost of printing Bonds and (v) evidence from the Rating Agency to the effect that the
then current rating of the Bonds will not be lowered or withdrawn solely as a result of the establishment of
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~.~~.~._---_._-_.._--~._._-- _._-----_._,..~-_..,--_.,~-------_....,_..._.".~._.. ~. -..--...-- ,"--.-.--.-~-.--..~..-..~.-.- '... ,- -..__..---~-_._---
the Reset Rate (except for any wIthdrawal of a short-tenn rating if the long-tenn rating then in effect IS
confinned to be not lower than AA -),
The Trustee is required to give notice to the registered O\'oners of the Bonds. in the same manner
that notices of redemption are given. not less than 30 days before the Reset Date specifying: (i) the Reset
Date and that the interest rate on the Bonds will be established at the Reset Rate on the Reset Date; and
(ii) that all Bonds must be surrendered to the Tender Agent for purchase not later than 9:30 a,m.. New
York City time. on the Reset Date,
If the Letter of Credit to be in effect upon and after a Reset Date. or an irrevocable commItment to
issue such Letter of Credit. IS not delivered to the Trustee at least 10 days before the applicable Reset Date.
or If on any Busmess Day within 10 Busmess Days before the applicable Reset Date the Trustee receives
notice from the Remarketing Agent that a Market Risk Event has occurred. the Trustee is required to gIve
prompt notice (but in any event within two Busmess Days) to the o'MIers of the Bonds. m the same manner
that the notice of the establishment of the Reset Rate described in the preceding paragraph was given.
canceling such notice and stating that the Bonds will bear interest at a Variable Rate, The Trustee is also
reqUIred to provide written notice of the cancellatIOn to the Credit Bank. the City and the Remarketing
Agent.
Any Bond not tendered to the Tender Agent at least seven days before a Reset Date will on the
seventh day before such Reset Date be deemed to have been tendered for purchase on such Reset Date
pursuant to the lndenture for all purposes of the Indenture,
From and after each Reset Date until the last day of the related Reset Period, the Bonds will bear
mterest at the applicable Reset Rate. payable on March I and September I of each year. commencing on
the Interest Payment Date next following the Reset Date. computed on the basis of a 360-day year of
twelve 30-day months. The Reset Rate will be that rate. detennined by the Rernarketing Agent on the date
specified by the Borrower. which. in the judgment of the Remarketing Agent. having due regard to
prevailing financial market conditions. would be required. but would not exceed the rate which would be
required. to be borne by the Bonds in order for the market value of the Bonds on said date to be 100% of
the principal amount thereof (disregarding accrued interest); provided that in no event may the Reset Rate
exceed any maximum rate pennitted by law to be paid on the Bonds or to be charged on the Loan,
The detennination of a Reset Rate by the Remarketing Agent in accordance with the provisions of
the Indenture will (in the absence of manifest error) be conclusive and binding upon the holders of the
Bonds. the City. the Credit Bank, the Remarketing Agent, the Borrower and the Trustee. and each will be
protected in relying on it.
At least 40 and not more than 50 days prior to the Interest Payment Date following the final day of
a Reset Period, the Borrower is required to elect to have the Bonds bear interest from and after such
Interest Payment Date at a Reset Rate for a new Reset Period or at a Variable Rate or Fixed Rate by giving
written notice of such election to the Trustee. the City. the Credit Bank and the Remarketing Agent. If the
Borrower fails to make such election. or fails to supply the items required by the lndenture by the
applicable dates therein. the interest rate on the Bonds IS required to be a Variable Rate detennined in
accordance with the procedures set forth above under the caption "Variable Rate" commencing on the day
immediately following the last day of the Reset Period The Trustee is required to give prompt notice
(WIthin three Business Days after such failure) to the owners of the Bonds. in the same manner that the
notice of the establishment of the Reset Rate described m the second paragraph above of this subsection.
Y;1)/.2 (
stating that the Bonds will thereafter bear interest at a Variable Rate, The Trustee must also provide
written notice of such event to the Credit Bank. the City and the Remarketing Agent.
Upon every Reset Date or Variable Rate Adjustment Date immediately following a Reset Period.
the Trustee is required to cause new Bonds to be prepared, at the expense of the Borrower. in the applicable
form as provided in the Indenture, Any such Bonds are required to be executed and authenticated as
provided in the Indenture and are required to be delivered to Bondholders on the Reset Date or Vanable
Rate Adjustment Date without charge in exchange for any outstanding Bonds,
Fixed Rate
The rate of interest on the Bonds may. with the written consent of the Credit Bank. be established
at a Fixed Rate on any Interest Payment Date dunng a Variable Period or on any Reset Date, In order to
convert the Bonds to a Fixed Rate. the Borrower must deliver the written consent of the Credit Bank and a
written notIce to the Trustee. the City. the Credit Bank, the Tender Agent and the Remarketing Agent
specifying (i) the ConversIOn Date. wluch must not be less than 40 days after such notice is received by
such parties. (ii) the date on wluch the Fixed Rate will be detennined by the Remarketing Agent, wluch date
may not be later than the Business Day prior to the Conversion Date and (iii) any redemption amounts for
each Interest Payment Date thereafter at a price equal to the principal amount of Bonds subject to
redemption. plus interest accrued thereon. without premium. pursuant to the Indenture, Such notice must
be accompanied by (i) an opinion of Bond Counsel to the effect that conversion of the interest rate on the
Bonds to a Fixed Rate is pennitted by the Indenture and the Act and will not adversely affect the exclusion
of interest on the Bonds from gross income for federal income tax purposes, (ii) if necessary. an
unconditional commitment of a bank to issue the Letter of Credit to be in effect upon and after Conversion.
together with the accompanying documentation required by the Loan Agreement. (iii) the form of notice to
be given by the Trustee to the owners of the Bonds with respect to the Conversion, (iv) payment to the
Trustee of such amount as the Trustee reasonably detennines may be required in connection with
Conversion including. but not limited to, its own fees and expenses and the cost of printing Bonds and
(v) written evidence from the Rating Agency to the effect that the then current rating of the Bonds will not
be lowered or withdrawn solely as a result of Conversion (except for any withdrawal of a short-term rating
if the long-term rating then in effect is confirmed to be not lower than AA-).
The Trustee is required to give notice to the registered owners of the Bonds. in the same manner
that notices of redemption are given. not less than 30 days before the Conversion Date. specifying: (i) that
the interest rate on the Bonds will be established at the Fixed Rate and the date the Fixed Rate will become
effective: and (ii) that all Bonds must be surrendered to the Tender Agent for purchase not later than
9:30 a.m.. New York City time. on the Conversion Date,
If the Letter of Credit to be in effect upon and after the Conversion Date. or an irrevocable
commitment to issue such Letter of Credit is not delivered to the Trustee at least 10 days before the
Conversion Date or if on any Business Day at least 10 Business Days before the Conversion Date. the
Trustee receives notice from the Borrower to the effect that they no longer wish to proceed with the
Conversion or. if on any Business Day within 10 Business Days before the Conversion Date the Trustee
receives notice from the Remarketing Agent that a Market Risk Event has occurred, the Trustee is required
to give prompt notice (within three Business Days) to the O\\l1erS of the Bonds, in the same manner that the
notice of Conversion described in the preceding paragraph was given. cancelling such notice of Conversion
and that the Bonds will bear interest at a Variable Rate, The Trustee is also required to provide written
notice of the cancellation to the Credit Bank. the City. the Tender Agent and the Remarketing Agent. In
such event. the Trustee IS required to cause new Bonds to be prepared. at the expense of the Borrower. In
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the applicable fOnTI as provided in the Indenture. Any such Bonds are required to be executed and
authenticated as provided in the Indenture and are required to be delivered to the Bondholders on the Reset
Date or Variable Rate Adjustment Date without charge in exchange for any outstanding Bonds,
Any Bond not tendered to the Tender Agent at least seven days before the Conversion Date will on
the seventh day before the Conversion Date (whether or not such day is a Business Day) be deemed to have
been tendered for purchase on the Conversion Date for all purposes of the Indenture,
From and after Conversion and until matunty. the Bonds will bear interest at the Fixed Rate.
payable on March I and September I of each year. commencing on the Interest Payment Date next
following the Conversion Date, computed on the basis of a 360-day year of twelve 30-day months, The
Fixed Rate will be that rate. detenTIined by the Remarketing Agent on the date specified m the notice from
the Borrower. which. in the judgment of the Remarketmg Agent. having due regard for prevailing financIal
market conditions, would be required. but would not exceed the rate which would be required, to be borne
by the Bonds in order for the market value of the Bonds on such date to be 100% of the principal amount
thereof (disregarding accrued interest). provided that in no event may the Fixed Rate exceed any maximum
rate penTIitted by law to be paid on the Bonds or to be charged on the Loan,
The detennination of the Fixed Rate by the Remarketing Agent will (in the absence of manifest
error) be conclusive and binding on the holders of the Bonds. the City, the Borrower. the Trustee. the
Credit Bank and the Remarketing Agent, and each will be protected by relying on the rate, The Trustee is
required. upon request of any Bondholder. to notify such Bondholder of the Fixed Rate to be in effect on
and after the Conversion Date,
Upon Conversion, the Trustee shall cause to be prepared, at the expense of the Borrower, new
Bonds in the applicable fOnTI set forth in the Indenture, Any such Bonds are required to be executed and
authenticated as provided in the Indenture and are required to be delivered to Bondholders on the
Conversion Date without charge in exchange for any outstanding Bonds.
Demand For and Mandatory Purchase
Any Bond (other than a Pledged Bond), or any units of principal amount thereof in Authorized
Denominations. shall (unless remarketed pursuant to the tenTIS of the Indenture) be purchased, from the
sources described below under the caption "Purchase of Bonds Not Remarketed" on demand of the
registered O\..-ner of such Bond (or. so long as Bonds are in "book-entry only" fOnTI pursuant to the tenTIS of
the Indenture. demand of a Direct Participant with respect to such Bonds), or upon being tendered or
deemed tendered as described above under the captions "Variable Rate", "Reset Rate". and "Fixed Rate".
on any Business Day during a Variable Period or on any Reset Date or the Conversion Date, at a Purchase
Price equal to the principal amount thereof, or of any units thereof purchased in Authorized Denominations.
plus interest accrued thereon. if any. to the date of purchase. upon (a) in the case of a demand purchase
while the Bonds bear interest at a Variable Rate. delivery to the Tender Agent. with a copy to the Trustee
and the Remarketing Agent, of a written notice in the fOnTI set forth as Exhibit D to the Indenture (a
"Tender Notice") which states (i) the principal amount of such Bond for which payment is demanded.
(ii) that such demand is irrevocable and (iii) the date on which such Bond or units of principal amount
thereof in Authorized Denominations shall be purchased pursuant to the tenTIS of the Indenture (the
"Demand Date"). which date shall be a Business Day not prior to the seventh (7th) day next succeeding the
date of the receipt of the Tender Notice by the Tender Agent; and (b) in all cases. delivery to the Tender
Agent. at or prior to 9:30 a,m.. New York City time, on the Demand Date, of such Bond (WIth an
appropnate transfer of regIstration fOnTI executed in blank and m fonn satisfactory to the Tender Agent),
/;ð/J-~
In the event that a depository is appointed pursuant to the tenns of the Indenture and a "book-entry only"
system IS in effect with respect to the Bonds. delivel'\· of Bonds for purchase on the Demand Date mav be
, .
effected in the manner set forth by such depository,
Bonds not delivered to the Tender Agent on or prior to 9:30 a.m" New York City time, on the
Demand Date shall be deemed purchased for all purposes of the Indenture and interest shall cease to accrue
on such Bonds
Payment of the Purchase Price of any Bond shall be made by check or by wIre transfer (if
requested In writing by the regIstered owner) or as designated in the Tender Notice with respect to such
Bond, but on1y upon delivery and surrender of such Bond to the Tender Agent on the Demand Date,
Anything in the Indenture to the contrary notwithstanding, no Bonds shall be purchased pursuant to
this section or remarketed pursuant to the tenns of the Indenture if an Event of Default under the Indenture
(other than an Event of Default not involving a failure to pay debt service or the Purchase Price of the
Bonds) shall have occurred and be continuing, or if all of the Bonds shall have been called for redemption,
and no Bonds shall be purchased pursuant to the Indenture or remarketed pursuant to the tenns of the
Indenture after the Conversion Date nor shall any Bond be purchased pursuant to the Indenture if such
Bond is registered in the name of the City. the Borrower or the Credit Bank, or known by the Trustee to be
registered in the name of or any nominee of the City. the Borrower or the Credit Bank,
Not later than the seventh (7th) day before each Reset Date and the Conversion Date (or. if such
day is not a Business Day. then on the next succeeding Business Day). the Trustee shall notify the Tender
Agent by telephone. promptly confinned in writing, with a copy to the Remarketing Agent. that all
outstanding Bonds are deemed to have been tendered for purchase on such Reset Date or on the Conversion
Date. in each case as provided in the Indenture. and the principal amount of the Bonds so outstanding, and
such notice from the Trustee shall be treated as a Tender Notice for all purposes of the Indenture, whether
or not the Bonds referred to therein are delivered to the Tender Agent; provided that payment of the
Purchase Price of any such Bonds shall be made on1y upon deliver and surrender thereof to the Tender
Agent.
Remarketing of Bonds
Upon the receipt by the Remarketing Agent of any notice from the Tender Agent that any
Bondholder (or Direct Participant. with respect to any Bonds in "book-entry on1y" fonn) has delivered a
Tender Notice or upon receipt of any notice from the Trustee of Bonds deemed to have been tendered in
accordance with the relevant provisions of the Indenture. the Remarketing Agent shall offer for sale and use
its best efforts to market the Bonds referred to in such Tender Notice or such notice from the Trustee
(which shall be deemed to be a Tender Notice) at a price of par plus accrued interest to the Demand Date.
in accordance with the Remarketing Agreement: provided, however, that the Remarketing Agent shall not
offer for sale or sell such Bonds to the City or the Borrower. The Remarketing Agent shall give telephonic
notice, promptly confinned in writing. to the Trustee. the Tender Agent and the Credit Bank by 12:00 noon,
New York City time. on each Demand Date. including any Reset Date or Conversion Date (each. a
"Remarketing Date") specifying the names. addresses. and taxpayer identification numbers of the
purchasers of. and the principal amount and denominations of. such Bonds. if any, for which it has found
purchasers as of such Remarketing Date. the Purchase Price at which the Bonds are to be sold (which shall
be par plus accrued interest to the Demand Date) and the Demand Date. The Remarketing Agent shall
Instruct such purchasers to deliver to it. no later than 11:30 a,m.. New York City time. on the Demand
Date. In same day funds. the amount required to purchase such Bonds. Upon receipt by the Remarketing
Y/(}r,) ?
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Agent of such amount from such purchasers. the Remarketing Agent will given written instructions to the
Tender Agent, as coauthenticating agent, to transfer the registered ownership of the Bonds to the respective
purchasers, and to deliver such Bonds to such purchasers. The Tender Agent shall hold all Bonds delivered
to it in trust for the benefit of the respective Bondholders which shall have so delivered such Bonds until
moneys representing the purchase price of such Bonds shall have been delivered to or for the account of or
to the order of such Bondholders, The Remarketmg Agent shall renut the Purchase Price of such Bonds to
the Tender Agent. no later than 11:30 a,m" New York City time. on the Demand Date. and the Tender
Agent shall remIt the Purchase Price of such Bonds to the tendenng Bondholder or Bondholders entitled to
the same as provided in the Indenture, In the event that any purchaser which shall have been identified by
the Remarketing Agent to the Trustee and the Tender Agent shall fail to pay the Purchase Price for any
Bonds prior to 11 :30 a.m.. New York City time. on the Demand Date. the Remarketing Agent shall not be
obligated to accept delivery of such amount after such tIme, The Remarketing Agent will immediately
notify the Trustee. the Credit Bank and the Tender Agent of any such failure to receive the Purchase Price
for such Bonds, Two Busmess Days prior to the Demand Date and on the Demand Date (including any
Reset Date or the Conversion Date). the Tender Agent shall notify the Trustee. the Credit Bank and the
Remarketing Agent of the amount of funds held by the Tender Agent as of 11:30 a.m" New York City
time. on each such date constituting the Purchase Price of the Bonds remarketed by the Remarketing Agent,
The Tender Agent shall hold all moneys delivered to It for the purchase of Bonds in trust in a non-
commingled account for the benefit of the person or entity which shall have so delivered such moneys until
the Bonds purchased with such moneys shall have been delivered to or for the account of such person, The
City and the Borrower shall not have any right. title or interest in such morues,
The City and the Borrower may not purchase any Bonds from the Remarketing Agent or
otherwise,
Purchase of Bonds Not Remarketed
In the event that the proceeds of remarketing of any Bond in respect of which a Tender Notice has
been given have not been received by the Tender Agent on or prior to II :30 a,m.. New York City time. two
Business Days prior to the Demand Date. the Trustee shall. within the time required by the Indenture. draw
on the Letter of Credit in an amount sufficient to enable the Tender Agent to pay the Purchase Price of such
Bond, On each Demand Date. the Trustee shall pay to the Tender Agent. but only from amounts drawn
under the Letter of Credit. the Purchase Price of any Bonds for which it has received a Tender Notice and
which have not been remarketed as described above or arrange to have such amounts drawn under the
Letter of Credit to be paid directly to the Tender Agent. Upon receipt of such Purchase Price and upon
receipt of the Bonds tendered for purchase. the Tender Agent shall pay such Purchase Price to the
registered o'-'ners thereof; provided that if the Purchase Price was theretofore paid from the proceeds of a
draw on the Letter of Credit, the Tender Agent shall pay such amount to the Credit Bank. Any amounts
dra\\TI under the Letter of Credit to purchase Bonds shall be used solely for such purpose. Any Bonds so
purchased with amounts drawn under the Letter of Credit by the Trustee and for which the Credit Bank has
not been reimbursed with remarketing proceeds shall be purchased for the account of the Borrower,
Amounts dra'-'n under the Letter of Credit which are not used to purchase Bonds as described in this
paragraph shall be remitted by the Trustee or the Tender Agent to the Credit Bank promptly upon payment
of the Purchase Pnce of the Bonds,
The Trustee will derive funds for such purchase of Bonds from the following sources in the
following order of prionty: (i) the proceeds of sales of such Bonds to third parties by the Remarketing
Agent and (ii) payments made by the Credit Bank under the Letter of Credit.
fi J{) ~;L~
Limited Obligation
The Bonds and all payments by the City under the Indenture are limited obligations payable
solely arid only from the Revenues and the funds created pursuant to the Indenture. as authorized by the
Act and provided in the Indenture. See "SOURCES OF PAYMENT FOR THE BONDS'"
NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE CITY [S
PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR PREMIUM OR INTEREST ON THE
BONDS, THE BONDS ARE NOT GENERAL OBLIGA nONS OF THE CITY,
Additional Bonds
The Indenture does not provide for the issuance of any additional bonds on a parity with the Bonds
or otherwise,
REDEMPTION OF BONDS
Terms of Redemption
The Bonds are subject to redemption at any time prior to their stated maturity date as follows:
(a) The Bonds are subject to redemption in whole on the first date for which notice of
redemption can timely be given. at a price equal to the principal amount of Bonds redeemed plus
interest accrued thereon to the date fixed for redemption, without premium. if the Credit Bank
wrongfully dishonors a draw on the Letter of Credit, or. if within 60 days of notice to the Trustee
of an Act of Bankruptcy of the Bank. the Borrower fails to deliver to the Trustee a Letter of Credit
from another institution which meets the requirements of the Loan Agreement.
(b) The Bonds are subject to redemption in whole or in part on any Interest Payment Date.
at a price equal to the principal amount of Bonds redeemed plus interest accrued thereon to the date
fixed for redemption. without premium. upon prepayment of the Loan in whole or in part, in an
amount as nearly equal as possible to. but not exceeding, the amount of any net proceeds of
insurance or condemnation awards not used to repair or replace the Project.
(c) The Bonds are subject to redemption in whole or in part on any Interest Payment Date,
at a price equal to the principal amount of Bonds redeemed plus interest accrued thereon to the date
fixed for redemption. without premium. during any Variable Period or on any Reset Date or tbe
Conversion Date, in the amount of any voluntary prepayments of the Loan,
(d) The Bonds are subject to redemption in whole on any date at a price equal to the
principal amount of Bonds redeemed plus interest accrued thereon to the date fixed for redemption.
without premium. upon acceleration of the Loan in whole following an Acceleration Default or
followmg an Event of Default under the Loan Agreement which is described herein in
paragraphs (b) and (e) under the captIon "SUMMARY OF THE LOAN AGREEMENT--Events
of Default".
(e) The Bonds are subject to redemption in whole. at a price equal to the principal amount
thereof, plus interest accrued thereon to the date fixed for redemption, without premIUm. on the last
y /lJr29
--~~.__._------~._.,-_._"---"._--_.""._--_.,-_._. .- ---- - - ---------- -------_."---"-_..._.,~_.__.,..,._-,..- .-.... ,--,--_.._------
Business Day which is not less than five days before the date of expiration of any Letter of Credit
unless the Trustee receives a renewal or extension of or replacement for such Letter of Credit
meeting the requirements of the Loan Agreement or. m the case of replacement of the Letter of
Credit in connection with any Reset Date or the Conversion Date. an unconditional commitment of
an entity to issue the Letter of Credit to be in effect upon and after such Reset Date or Conversion
Date. m each case not less than thirty (30) days before the expiration of the then-existing Letter of
Credit.
(t) The Bonds are subject to optional redemption in whole or in part. on any Interest
Payment Date during any Reset Period or after Conversion. (i) in the amount specIfied for such
Interest Payment Date in connection with the establishment of a Reset Rate or a Conversion.
respectively. at a price equal to the principal amount of Bonds redeemed plus interest accrued
thereon to the date fixed for redemption. without prenuum. and (ii) othelWise during the periods set
forth below and at the respective redemption pnces set forth below expressed as percentages of the
pnncipal amounts of the Bonds called for redemption:
Term of Reset Period
or from Conversion Redemption
to Maturitv No-Call Period Price No Premium
7 or more years First 4 years after Reset 101.5% 8th year and
or Conversion Date (reducing 5% each year) thereafter
4 years or more First 3 years after Reset 101 6th year and
(but less than 7) or Conversion Date (reducing ,5% each year) thereafter
(g) The Bonds are subject to redemption on any date in whole at a price equal to the
pnncipal amount of Bonds redeemed plus interest accrued thereon to the date fixed for redemption.
without premium. at the written request or with the written consent of the Credit Bank following
any Event of Default under the Loan Agreement other than events of default under the Credit
Agreement.
The Trustee is authorized and directed by the Indenture to give notice of the call for redemption of
Bonds at the times set forth in the Indenture. to fix the date for any such redemption. and. if Available
Amounts are available. to redeem the Bonds so called on the date so fixed by the Trustee and set forth in
such notice, The Trustee is required to give such redemption notice (i) in the case of redemption pursuant
to (b) or (c) above. at the time required therefor pursuant to the Indenture after receipt of the amount of the
Loan prepayment to be applied to such redemption: (ii) in the case of redemption pursuant to (a) or (e)
above. at the time required therefor pursuant to the Indenture. WIthout any further authorization or
direction: (iii) in the case of redemption pursuant to (t) above. at the time required therefor pursuant to the
Indenture upon receipt of notice that the option is being exercised but only if the Trustee then holds
Available Amounts on deposit in the Bond Fund sufficient to pay. and set aside for the payment of. any
premium due upon such redemption and set aside for the payment of. any premium due upon such
redemption. or if the Letter of Credit then in effect may be drawn upon to pay such premium and is in an
amount equal to such premium plus the other amounts required by the Loan Agreement; (iv) in the case of
redemption pursuant to (d) above. as soon as practicable. but not more than five days after (A) receipt of
an opinion of Bond Counsel indicating that an Acceleration Default has occurred. (B) upon acceleration of
the Loan by the Trustee on behalf of the City or (C) after receIpt from the Credit Bank of notice of a
/ltP---Jt7
nonreunbursement of the interest portion of the Letter of Credit following a drawing thereon or an event of
default under the Letter of Credit Agreement or the Borrower Mortgage and request that It be treated as an
event of default under the Loan Agreement (such redemptIon to occur not later than ten (10) days after any
event stated in'this subparagraph (iv»; and (v) in the case of redemption pursuant to (g) above. as soon as
practicable after receipt fÌ'om the Credit Bank of a request for or consent to acceleration of the Loan
following any Event of Default under the Loan Agreement other than an Acceleration Default or an event
of default under the Credit Agreement or the Borrower Mortgage,
Notice of Redemption. Notice of redemption is required to be given by the Trustee for and on
behalf of the City. by first-class mail. not less than 30 days nor more than 60 days (or. in the case of a
redemption described in paragraphs (a). (d) or (e) under the caption "REDEMPTION OF BONDS-Tenns
of Redemption" above. not less than five (5) days) prior to the redemption date. to the holder of each Bond
called for redemption. at its address as it appears on the registration books or at such address as it may
have filed with the Trustee for that purpose. but neither failure to mail such notice to any Bondholder nor
any defect in any notice so mailed will affect the sufficiency of the proceedings for the redemption of any of
the Bonds with respect to which no such failure or defect occurred, Each notice of redemption must state
the redemption date. the place of redemption. the source of the funds to be used for such redemption. the
principal amount and. If less than all. the distinctive numbers of the Bonds to be redeemed. and must also
state that the interest on the Bonds in such notice designated for redemption will cease to accrue from and
after such redemption date and that on said date there will become due and payable on each of said Bonds
the principal amount thereof to be redeemed and interest accrued thereon to the redemption date and the
premium. if any thereon (such premium to be specified),
Manner of Redemption. Any Bond may be redeemed in whole or in part. but no part of any Bond
will be redeemed in an amount less than a minimum Authorized Denomination. and Bonds remaining after
any redemption will be in Authorized Denominations,
Upon surrender to the Trustee of any Bond which is to be redeemed only in part. the City will
execute and the Trustee is required to authenticate and deliver to the OMler thereof. at the expense of the
Borrower. a new Bond or Bonds of like series and maturity and of Authorized Denominations requested by
such O\\'l1er in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered,
SOURCES OF PAYMENT FOR THE BONDS
Generally
The Bonds are limited obligations payable only from (i) amounts payable under the Loan
Agreement. (ìi) amounts available under the Letter of Credit. and (ìii) other moneys and securities including
the Loan from time to time pledged under the Indenture including proceeds of any temporary investment of
moneys held under the Indenture, Under the Indenture. the City wIll pledge to the Trustee. as security for
the payment of the Bonds and the perfonnance by the City of its obligations under the Indenture. all of the
foregoing moneys and securities. as well as all of the right. title and interest of the City in and to the Loan
Agreement (except the City's rights thereunder to indemnity and payment of legal fees and costs of issuance
of the Bonds) and the Letter of Credit.
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The Letter of Credit
The Letter of Credit initially delivered will be the irrevocable obligation of the Credit Bank which
will expire on March I, 1998 (the "Scheduled Expiration Date"). unless earlier tenninated as described
below, The Letter of Credit will pennit the Trustee. In accordance with the tenns thereof. to draw up to (a)
an amount not exceeding the aggregate principal amount of Bonds Outstanding to pay (i) princIpal of such
Bonds (other than Pledged Bonds) when due (whether upon redemption. acceleration or matunty of the
Bonds) or (ii) the portion of the Purchase Price of such Bonds equal to the principal amount of Bonds
tendered for purchase and not remarketed by the Remarketing Agent. on the date on which such Bonds are
to be purchased. plus (b) an amount not exceeding 53 days' accrued interest on the Outstanding Bonds
(other than Pledged Bonds). (i) to pay interest on the Bonds or (ii) to enable the Trustee to pay the portIon
of the Purchase Price of the Bonds tendered for purchase and not remarketed equal to the accrued interest.
If any, on such Bonds,
The Letter of Credit will expIre on the date (the "Expiration Date") that is the earliest of the
following: (i) the Scheduled Expiration Date: (ii) the date of payment of a drawing for the principal Qf and
interest on the Bonds upon acceleration thereof: (iii) five days after the date on which the Credit Bank
receives written notice from the Trustee that the Bonds will bear interest at a rate other than a Variable
Rate: (iv) five days after the date on which the Credit Bank receives written notice from the Trustee that a
substitute Letter of Credit has been substituted for the Letter of Credit: or (v) the date on which the Credit
Bank receives written notice from the Trustee that there are no longer any Bonds outstanding under the
Indenture. other than Pledged Bonds,
The Indenture directs the Trustee to draw upon the Letter of Credit in accordance with its tenns to
the extent aJ)d at such times as may be necessary to make full and timely payments of (i) principal of and
interest on the Bonds (other than Pledged Bonds). (ii) the redemption price of Bonds redeemed as specified
under the caption "REDEMPTION OF BONDS" herein except that the Letter of Credit may not be dravm
upon to pay any redemption premium. (iii) the principal of the Bonds on the final maturity or upon
acceleration of the Bonds. and (iv) the Purchase Price of Bonds tendered but not remarketed. as described
under the caption "THE BONDS - Purchase of Bonds Not Remarketed" herein.
The Credit Bank's obligation under the Letter of Credit will be reduced to the extent of any
drawing thereunder, subject to reinbursement as hereinafter described, With respect to a drawing by the
Trustee solely to pay interest on the Bonds (other than Pledged Bonds) on an Interest Payment Date. the
Trustee's right to draw under the Letter of Credit with respect to the payment of interest on an Interest
Payment Date will be automatically reinstated on the earlier to occur of (i) the date of full reimbursement
of such interest draw and (ii) 10 banking days after such draw unless the Credit Bank otherwise gives
notice to the Trustee, With respect to a drawing by the Trustee solely to pay the Purchase Price of tendered
Bonds which are not remarketed. the amount available under the Letter of Credit for payment of the
Purchase Price shall be reinstated in an amount equal to any such drawing or portion thereof which is
reimbursed to the Credit Bank, upon the remarketing of Pledged Bonds, With respect to a drawing by the
Trustee upon a redemption in whole or acceleration of the maturity of the Bonds. the amount available
under the Letter of Credit for payment of principal of or Interest on such Bonds will not be reinstated,
Substitute Letter of Credit
The Borrower may from time to time provide the Trustee with a substitute Letter of Credit meeting
the requirements set forth below, Any such substitute Letter of Credit shall be an irrevocable direct pay
Letter of Credit meeting the requirements described In (a) below whIle the Bonds bear interest at a Variable
Y/O - J.:t
Rate or (b) below while the Bonds bear interest at a Reset Rate; and at all times after the Conversion Date
there must be provided and continuously available to the Trustee an irrevocable Letter of Credit meeung
the requirements described in (c) below, The Borrower has the right at any time whether or not in
connection with Conversion or any Reset Date or the pending expiration of any then-outstanding Letter of
Credit. to provide to the Trustee a substitute Letter of Credit which meets the requirements described below
and whIch is provided to the Trustee in substitution for the Letter of Credit then in effect.
(a) The following requirements will apply to any Letter of Credit provided. while the Bonds bear
interest at a Variable Rate:
(i) Any Letter of Credit provided in substitution for any then-outstanding Letter of Credit
must be for a tenn commencing not later than the expiration date of the tenn of the prior Letter of
Credit.
(ii) Any Letter of Credit provided in substitution for any then-outstanding Letter of Credit
must be for a tenn of not less than one year. provided that any Letter of Credit may provide that it
will tenninate prior to its stated expiration date upon a Reset Date or Conversion Date or upon
receIpt by the Credit Bank of notice from the Trustee that no Bonds remain outstanding or upon the
date of issuance and delivery of a substitute Letter of Credit.
(iii) Each Letter of Credit must be in an amount at any date not less than the sum of the
aggregate principal amount of the Bonds then outstanding, plus an amount equal to interest on the
Bonds for a period of 39 days calculated at an assumed rate of 12% per annum or such higher rate
as detennined in accordance with the Indenture,
(iv) Each Letter of Credit must contain provisions pennitting drawings thereunder to pay
amounts due on the Bonds on the scheduled dates for payment of such amounts or upon redemption
or acceleration and to pay the Purchase Price of Bonds tendered for purchase as provided in the
Indenture. and must be in a fonn acceptable to the Trustee,
(v) Each Letter of Credit must be issued by a national banking association organized under
the National Banking Act. or any successor law, or a banking corporation organized under the laws
of any state of the United States. or a savings and loan association or corporation or savings bank
organized under the laws of the Umted States or any state thereof. or a branch or City of a foreign
banking corporation or association licensed in one of the states of the United States, or any other
issuer acceptable to the City. the Trustee and the Borrower.
(vi) Each Letter of Credit delivered to the Trustee must be accompanied by (i) an opinion
of Bond Counsel addressed to the Trustee to the effect that delivery of the Letter of Credit complies
with the provisions of the Loan Agreement and the Indenture and will not cause interest on the
Bonds to become includable in gross income for federal income tax purposes and (ii) one or more
opinions of counsel to the provider of the substitute Letter of Credit addressed to the Trustee to the
effect. singly or together. that:
(A) The Letter of Credit is a legal. valid and binding obligation of the Credit Bank.
enforceable against the Credit Bank in accordance with its tenns. except as limited by
applicable reorganization. insolvency. liquidation. readjustment of debt, moratorium or
other similar laws affecting the enforcement of the rights of creditors generally as such
laws may be applied in the event of a reorganization. insolvency. liquidation. readjustment
~/ð/ ;JJ
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of debt or other similar proceeding of or moratorium applicable to the Credit Bank and by
general principles of equity (regardless of whether such enforceability is considered in a
proceeding in equity or at law); and
(B) Payments made by the Credit Bank under the Letter of Credit will not be
voidable under Section 547 of the Federal Bankruptcy Code in the context of a case or
proceeding by or against the Borrower or by the City under the Federal Bankruptcy Code,
(vii) Each Letter of Credit delivered to the Trustee in substItution for the then outstanding
Letter of Credit must be accompanIed by a wntten statement signed by an officer of the RatIng
Agency to the effect that the then current ratIng on the Bonds wIll not be lowered or withdrawn as
the result of the delivery of such Letter of Credit and that the rating on the Bonds following the
delivery of such Letter of Credit will be at least AA-/A-I+ (or its equivalent) unless the City
otherwIse consents in writing to a [ower mInimum rating,
(b) The following requirements will apply to any Letter of Credit provided in connection with a
Reset Date or during a Reset Period:
(i) The Letter of Credit initially provided shall be effective from no later than the CloSIng
Date. The Letter of Credit provided in connection with a Reset Date must be delivered on or
before the Reset Date and must be effective from no later than the Reset Date. and any Letter of
Credit provided in substitution for any then-outstanding Letter of Credit will be for a tenn
commencing not later than the expiration date of the prior Letter of Credit..
(ii) Each Letter of Credit must be for a tenn expiring not earlier than the final day of the
applicable Reset Period, provided that any Letter of Credit may provide that it will tenninate prior
to its stated expiration date upon receipt by the Credit Bank of notice from the Trustee that no
Bonds remain outstanding or upon the date of issuance and delivery of a substitute Letter of Credit,
(iii) Each Letter of Credit must be in an amount at anv date not less than the sum of the
aggregate principal amount of the Bonds then outstanding, plus an amount equal to interest on the
Bonds for a period of at least 210 days,
(iv) Each Letter of Credit must contain provisions pennitting drawings thereunder to pay
amounts due on the Bonds on the scheduled dates for payment of such amounts or upon redemption
or acceleration and to pay the Purchase Price of Bonds tendered for purchase under the Indenture
and must be in a fonn acceptable to the Trustee,
(v) Each Letter of Credit is required to be issued by an entity described in subsection (a)(v)
above,
(vi) The commitment to issue the Letter of Credit to be delivered to the Trustee in
connection with a Reset Date and each subsequent Letter of Credit delivered to the Trustee must be
accompanied by an opinion of Bond Counsel and one or more opinions of counsel. each addressed
to the Trustee. to the effect set forth in subsection (a)(vi) above,
(vii) The commitment to issue the Letter of Credit to be delivered to the Trustee in
connection with a Reset Date must be accompanIed by a written statement signed by an officer of
Rating Agency to the effect that any rating on the Bonds will not be lowered or withdrawn as a
~tJ" ;Ir
result of the delivery of such Letter of Credit and that the rating on the Bonds following the
delivery of such Letter of Credit ....ill be at least AA- (or its equivalent) unless the City otherwise
consents in writmg to a lower minimum rating pnor to the Reset Date: and each subsequent Letter
of Credit delivered to the Trustee shall be accompanied by a written statement of such Rating
Agency to the same effect.
(c) The following requirements will apply to any Letter of Credit provided in connection with or
after the Conversion. as applicable:
(i) The Letter of Credit provided in connection with the Conversion must be delivered on or
before the Conversion Date and must be effective from no later than the Conversion Date and any
Letter of Credit provIded in substitution for any then outstanding Letter of Credit will be for a tenn
commencing not later than the expiration date of the prior Letter of Credit.
(ii) Each Letter of Credit must be for a tenn expiring not earlier than the final matunty
date of the Bonds, provided that any Letter of Credit may provide that it will terminate prior to its
stated expiration date upon receipt by the Credit Bank of notice from the Trustee that no Bonds
remain outstanding or upon the date of issuance and delivery of a substitute Letter of Credit,
(iii) Each Letter of Credit must be m an amount at any date not less than the sum of the
aggregate princIpal amount of the Bonds then outstanding, plus an amount equal to interest on the
Bonds for a period ofat least 210 days,
(iv) Each Letter of Credit must contain provisions penrutting drawings thereunder to pay
amounts due on the Bonds on the scheduled dates for payment of such amounts or upon redemption
or acceleration and must be in a fonn acceptable to the Trustee,
(v) Each Letter of Credit must be issued by an entity described under subsection (a)(v)
above,
(vi) The commitment to issue the Letter of Credit to be delivered to the Trustee in
connection with the Conversion and each subsequent Letter of Credit delivered to the Trustee must
be accompanied by an opinion of Bond Counsel and one or more opinions of counsel. each
addressed to the Trustee. to the effect set forth under subsection (a)(vi) above,
(vii) The commitment to issue the Letter of Credit to be delivered to the Trustee in
connection with the Conversion. as provided in the Indenture, must be accompanied by a written
statement, signed by an officer of Rating Agency. to the effect that the long-tenn rating on the
Bonds will not be lowered or withdrawn as a result of the delivery of such Letter of Credit and that
the rating on the Bonds following the delivery of such Letter of Credit ....ill be at least AA- unless
the City otherwise consents in writing to a lower mmunum rating prior to the Conversion Date, and
each subsequent Letter of Credit delivered to the Trustee will be accompanied by a written
statement of such Rating Agency to the same effect.
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THE CITY
The City is a municipal corporation and charter city organized and existing under the laws of the State
of California, Under the Act, the City is empowered to incur indebtedness for the purpose of refunding
revenue bonds for the refinancing of the multifamily residential rental development.
THE CREDIT BANK
The Credit Bank IS a banking corporation organized under the laws of Japan, whose pnncipal
office IS located m Tokyo. Japan, The Credit Bank was established in 1902 as a semi-governmental
financial institution. Its legal status was subsequently changed to that of a pnvate corporatIOn under the
Long-Tenn Credit Bank Law enacted in 1954, The Credit Bank is publicly o\\l1ed and its shares are listed
on the Tokyo Stock Exchange and the Osaka Securities Exchange,
The Credit Bank conducts banking operations through 30 branches in Japan and 17 branches and
agencies. 13 representative offices and 17 major subsidiaries outside Japan. As of March 31,1994. on a
non-consolidated basis. the Credit Bank had total assets of approximately $411,9 billion. total deposits and
debentures of approximately $312,3 billion. and stockholders' equity of approximately $13,6 billion, For
the fiscal year ended March 31, 1994 the Credit Bank had net income of approximately $212.3 million,
As of September 30. 1994. on a non-audited. non-consolidated basis. the Credit Bank had total
assets of approximately $398,3 billion, total deposits and debentures of approximately $312.5 billion, and
stockholders' equity of approximately $13,6 billion, The Credit Bank had net income of approximately
$156,7 million for the six months ended September 30. 1994.
The foregoing financial infonnation for the Credit Bank has been taken from the Credit Bank's
audited financial statements for the fiscal year ended March 31. 1994, and unaudited interim financial
statements for the six months ended September 30. 1994. and assumes the Tokyo inter-bank market
exchange rates of Y103.15 to US $1.00. and Y98.45 to US $1.00 as of such respective dates, The
financial statements of the Credit Bank are prepared in accordance with generally accepted accounting
principles of Japan, which are different in a number of material respects from the accounting principles
generally accepted for the preparation of financials statements of banks in the United States,
The Credit Bank will provide without charge a copy of the Credit Bank's most recently available
audited annual or unaudited interim financial statements to any person receiving this Remarketing
Statement. Written requests should be directed to "The Industrial Bank of Japan. Limited. Los Angeles
Agency. 350 South Grand Avenue. Suite 1500. Los Angeles. California 90071."
THE BORROWER AND THE PROJECT
Introduction
The infonnation set forth below regarding the Borrower and the Project has been provided by the
Borrower. The City and the Remarketing Agent make no representations as to the accuracy or the
completeness of such infonnation,
7)tl'Ji-
The Borrower, a Delaware corporation. has operated since its July 1970 inception as a real estate
investment trust pursuant to Sections 856-860 of the Internal Revenue Code. as amended, Its long-range
investment policy emphasizes the purchase of fee ownership of both the land and the unprovements
primarily in garden apartment communities. and secondarily in shopping centers, located In the Western
United States, Among other things. this policy is designed to enable management to monitor developments
In local real estate markets and to take an active role in managing the Borrower's properties and improving
their perfonnance, The policy is subject to ongoing review by the Borrower's Board of Directors and may
be modified in the future to take into account changes in business or economic conditions. as circumstances
otherwise warrant. if the Board of Directors detennines that such changes are in the best interests of the
Borrower and its shareholders,
At July 31. 1994. the Borrower's portfolio of income-producing real estate (including wholly
o'-'l1ed properties, land owned and leased to others and limited partnership investments in two shopping
centers) consisted of 34 properties. including 17 apartment communities. 4 shopping centers and 13 other
income-producing properties, Of these properties. 26 are located in California, 4 In Washington. 3 In
Anzona and one in Oregon,
The Borrower will provide ,-,ithout charge. upon request. a copy of its most recent Annual Report,
Written requests should be directed to: BRE Properties. lnc.. One Montgomery Street, Suite 2500, Telesis
Tower. San Francisco. California 94104-5525.
The Project
The Project consists ofa garden apartment community situated on 12,8 acres in an excellent Chula
Vista. California location. Access to Freeway 805 is just east of the project with dO'-'l1tOwn San Diego.
several Naval Installations and major employment centers conveniently close. Terra Nova Plaza. a
315.000 square foot retail center anchored by Home Depot. Vons. Longs Drugs. Marshall's. and numerous
other tenants is adjacent to the Project.
The community features a large pool with expansive decking, two children's play areas. recreation
center ,-,ith billiards. television and large kitchen facilities. A new physical fitness area is planned adjacent
to the recreation center. Two ample, well-lighted laundry centers including 24 washers and 24 dryers
owned by the project are conveniently located, The Project contains lighted carports and extensive. mature
landscaping,
The Project consists of 232 rental units. 104 - one bedroom/one bath units of approximately 670
square feet and 128 - two bedroom/two bath units of approximately 906 square feet in 16 two-story "walk-
up" buildings (approximately 185.648 net rentable square feet), Each unit contains color coordinated
kitchen appliances (dishwasher. frost-free refrigerator. electric range and oven). disposal and individual air
conditioning/heating units, Each building contains central hot water heating.
The Project has a continuous occupancy history above 90% and has substantially increased net
operating income since it opened while sustaining an excellent appearance with little or no deferred
maintenance. The occupancy rate for calendar year 1994 averaged over 96%,
Set forth below is summary financial infonnation relating to the operation of the Project since the
Borrower's acquisition thereof through December 3 I. 1994, together with the Borrower's budget for the
Project for the period from August I. 1994 to July 31. 1995
/ /(J'" ;17
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Actual' Actual Budget
from 3-14-94 from 8-1-94 from 8-1-94
thru 7-31-94 thru 12-31-94 thru 7-31-95
Net Rental Income $539.073 $852.082 $1.896.014
Other Income 20.021 8.896 52.800
Total Revenue 559.094 860.978 1.948.814
Operatmg Expenses 172.426 290.763 $539.691
Taxes & Insurance 64,025 72. 104 190.812
Total Expenses 236.45 I 362.867 $730.503
Net Operating Income $322.643 $498.111 $1.218.311
Debt Service $255.012 $253.722 $402.076
· BRE PropertIes Inc, acquired the property as of March 14. 1994
SELECTED DEFINITIONS
"Acceleration Default" means an event of default under Section 7,I(b). (c) or (d) of the Loan
Agreement or a default under the Regulatory Agreement if, m the written opinion of Bond Counsel
delivered to the Trustee. such default would be likely to result in interest on the Bonds being includable in
gross income for federal income tax purposes,
"Act of Bankruptcy" means the filing of a petition in bankruptcy (or other commencement of a
bankruptcy or similar proceeding) by or against the Borrower or the City. under any applicable
bankruptcy. insolvency or similar law as now or hereafter in effect.
"Act of Bankruptcy of the Bank" means the closing, liquidation, insolvency or bankruptcy of the
Credit Bank. or its failure to pay its debts generally as such debts become due or its admission in writing of
Its inability to pay any of its indebtedness or its consent to appointment of a receiver. liquidator. trustee or
sm1Ílar official for itself or for all or any substantial part of its properties or assets or the appointment of
any such trustee. receiver. liquidator or similar official or the institution of insolvency. reorganization.
arrangement or liquidation proceedings (or similar proceedings) by or against the Credit Bank,
"Authorized Borrower Representative" means any person who at the time and from time to time
may be designated as such. by written certificate furnished to the City and the Trustee containing the
specimen signature of such person and signed on behalf of the Borrower by an authorized representative of
the Borrower. which certificate may designate an alternate or alternates,
"Authorized Denominations" means. during any Variable Period. $100,000 and any integral
multiple thereof (except that one Bond may be in the principal amount of $100,000 and any integral
multiple of $5.000 in excess thereof) and during any Reset Period or on or after the Conversion Date.
$5.000 and any integral multiple thereof.
"Available Amounts" means (i) moneys derived from drawings under the Letter of Credit,
(Ii) moneys held by the Trustee in funds and accounts established under the Indenture for a period of at
least 91 days and not commingled with any moneys so held for less than said period and during whIch
Y/Ó--;¡r
period no petition in-bankruptcy was filed by or agamst the Borrower or the City under the United States
Bankruptcy Code, unless such petition was dismissed and all applicable appeal periods have expired
without an appeal having been filed. (iii) moneys held by the Trustee in funds and accounts established
under the liIdenture and with respect to which the Trustee has received an opmion of counsel with expertise
in bankruptcy matters to the effect that such moneys would not be deemed preferential transfers in the event
of a bankruptcy proceeding with respect to the City or the Borrower. or (iv) mvestment income derived
from the investment of moneys described in clause (i), (ii) or (iii),
"Bankruptcy Certificate" means a certification by Authorized Borrower Representative which
states that no Act of Bankruptcy with respect to the Borrower or the City has occurred or is occurring
during the period from the date of the immediately preceding Bankruptcy Certificate of the Borrower to the
date of such Bankruptcy Certificate,
"Bond Counsel" means any attorney at law or firm of attorneys selected by the City. of nationally
recognized standing in matters pertaining to the federal tax status of interest on bonds issued by states and
political subdivisions, and duly admitted to practice law before the highest court of any state of the United
States of America, but does not include counsel for the Borrower or the Credit Bank,
"Bondholder" or "Holder of Bonds" or "Bondowner" or "Owner of Bonds" or "Registered
Owner" means the registered owner of any Bond at any time as ever shown on the registration books
mamtained by the Trustee pursuant to the lodenture.
"Business Day" means any day other than a Saturday, a Sunday, legal holiday. day on which
banking institutions in New York. New York, in the city in which the Credit Bank s office for the
presentation of drawings under the Letter of Credit is located or in the city in which Trustee's Principal
Office is located, or day on which the New York Stock Exchange is or are authorized or obligated by law
or executive order to close.
"Code" means the lotemal Revenue Code of 1986, as amended. the Regulations thereunder. or
any successor to the Internal Revenue Code of 1986. and as amended. except as the Tax Reform Act of
1986 may make the Internal Revenue Code of 1954. as amended prior to the Tax Reform Act of 1986,
applicable to the Bonds and the Project (sometimes referred to as the "1954 Code"), Reference to any
particular Code section shall. in the event of such successor Code, be deemed to be reference to the
successor to such Code section.
"Conversion" means the establishment of the interest rate on the Bonds at the Fixed Rate. as
provided in the lodenture.
"Conversion Date" means the date on which the Fixed Rate becomes effective,
"Demand Date" means any date on which any Bond is required to be purchase pursuant to the
terms of the Indenture,
"Fixed Rate" means the interest rate borne by the Bonds after the Conversion and until the
maturity date of the Bonds,
"Interest Payment Date" means (i) for mterest accrued during any Variable Period, the first
Business Day of each month, (ii) for interest accrued during any Reset Period. March I and September 1 of
2'
7/t9, J'C¡
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each year, commencing on the March 1 or September I next following the applicable Reset Date, and
(iii) for interest accrued on and after the ConversIOn Date. March I and September 1 of each year.
commencing on the March I or September I next following the Conversion Date,
"Interest Period" means each period commencing on an Interest Payment Date and ending on the
day before the next succeeding Interest Payment Date, except that the first Interest Period will begin on the
Closing Date and end on the day before the first Interest Payment Date,
"Investment Securities" means any of the following (including any funds comprised of the
following. which may be funds maintained or managed by the Trustee) Bank: (a) United States Treasury
notes. bonds, bills, or certificates of mdebtedness. or those for which the faith and credit of the United
States are pledged for the payment of principal and interest (including State and Local Government Series):
(b) obligations. particIpations or other instruments of or issued by a federal City or a United States
government-sponsored enterprise. the principal of and interest on which are unconditIonally guaranteed by
the United States (including such obligations held in book-entry fonn): (c) any obligations on which the
interest is exempt from federal income taxation and which are rated by the Rating Agency in its highest
long-tenn or short-tenn rating category (such obligations may include funds for which First Interstate
BanCorp. ItS subsIdiaries or affiliates provIde mvestment advisory or other services): (d) certificates of
deposit issued by. or time or demand deposits or other banking arrangements with. a nationally or state-
chartered bank (including the Credit Bank and the Trustee) or savings and loan association which. to the
extent they are not insured by federal deposit insurance. are collateralized by securities eligible to secure
public deposits in the State. or which are issued by or with such an institution having a minimum capital of
S500.000.000 and rated within the top two ratings of a nationally recognized rating service: (e) taxable
government money market portfolios restricted to obligations with maturities of one year or less issued or
guaranteed as to payment of principal and interest by the full faith and credit of the United States of
, America (such obligations may include funds for which First Interstate BanCorp, its subsidiaries or
affiliates provide investment advisory or other services): and (f) an investment agreement with a financial
mstitutlOn rated AA or better by Standard & Poor's Corporation upon receipt of the written consent of
Standard & Poor's Corporation.
"Letter of Credit" means that certain letter of credit issued by the Credit Bank on or before the
Remarketmg Date. or any reissuance or extension thereof or any substitute letter of credit or other credit
instrument provided during any Variable Period meeting the requirements of the Loan Agreement, or
provided on a Reset Date meeting the requirements of the Loan Agreement. or provided in connection with
conversion of the interest rate on the Bonds to a Fixed Rate meeting the requirements of the Loan
Agreement. it being understood that no more than one Letter of Credit may at anyone time secure payment
of the Bonds,
"Lower-Income Tenants" means individuals or famIlies. on the basis of the "Certification of
Tenant Eligibility" attached hereto as Exhibit "B" and incorporated by reference herein as certified by such
individual or family. who have an adjusted gross income (anticipated total annual income) which does not
exceed eighty percent (80%) of the median gross income for the San Diego. California Primary
Metropolitan StatistIcal Area adjusted for household size
"Lower-Income Units" means the dwelling UnIts m the Project designated for occupancy by
Lower-Income Tenants pursuant to the Regulatory Agreement
/' /¿;;ì-ýé1
"Market Risk Event" means (a)(i) legislation enacted by the Congress. or introduced m the
Congress. or reconunended to the Congress for passage by the President of the United States or the United
States Department of the Treasury or the Internal Revenue Service or any member of the United States
Congress, or favorably reported for passage to either House of Congress by any COnutllttee of such House
to which such legislation has been referred for consideration, (ii) a decision rendered by a court established
under Article III of the ConstitutIOn of the United States, or the United States Tax Court, (iii) an order.
ruling, regulation or conunumcatlon (including a press release) ISSUed by the United States Department of
the Treasury or the Internal Revenue Service or (iv) any action taken or statement made by or on behalf of
the President of the Umted States or the United States Department of the Treasury or the Intemal Revenue
Service or any member of the United States Congress which indicates or implies that legislation will be
introduced in the current or next scheduled session of the United States Congress. in each case referred to
in clauses (i). (ii), (iii) and (iv) above with the purpose or effect. directly or indirectly. of imposing federal
income taxation upon interest to be received by any owner of the Bonds: (b) legislation enacted or any
action taken by the Securities and Exchange Conunission which, in the opinion of counsel to the
Remarketmg Agent. has the effect of requiring the remarketing of the Bonds to be registered under the
Secuntles Act of 1933. as amended (the "Securities Act"). or any other "security." as defined in the
Securities Act. Issued in connection with or as part of the remarketing of the Bonds to be so registered or
the Indenture-to be qualified as an indenture under the Trust Indenture Act of 1939, as amended, or any
event shall have occurred or shall eXIst whIch. in the reasonable judgment of the Remarketing Agent. makes
or has made untrue or incorrect in any material respect any statement or infonnation contained in the
reoffering circular distributed in connection with the conversion of the interest rate on the Bonds to the
Fixed Rate or is not or was not reflected in such reoffering circular but should be or should have been
reflected therein in order to make the statements or infonnation contained therein not misleading in any
material respect: or (c) in the reasonable judgment of the Remarketing Agent. any event which makes its
impracticable or inadvisable for the Remarketing Agent to remarket or enforce agreements to remarket
Bonds because (i) trading in securities generally shall have been suspended on the New York Stock
Exchange. or a general banking moratorium shall have been established by federal. New York or State of
California authorities. (ii) the State of California shall have taken any action. whether administrative.
legislative. Judicial or otherwise. which materially and adversely affects the Remarketing Agent's ability to
remarket the Bonds or (iii) a war involving the United States or other national calamity shall have occurred,
"Outstanding" or "Bonds Outstanding" or "Bonds then outstanding" means, as of the time in
question, all Bonds authenticated and delivered by the Trustee under the Indenture, except:
(i) Bonds theretofore cancelled by the Trustee or surrendered to the Trustee for
cancellation:
(ii) Bonds for the payment or redemption of which moneys or securities in the necessary
amount have been deposited with the Trustee:
(iii) Bonds in lieu of or in substitution for which other Bonds have been authenticated and
delivered by the Trustee pursuant to the Indenture: and
(ìv) Bonds tendered or deemed tendered for purchase pursuant to the relevant provisions of
the indenture.
"Principal Office" with respect to the Trustee shall mean the principal corporate trust office of the
Trustee located at 707 Wilshire Boulevard. Los Angeles. California 90017. or at such other place as the
Trustee shall designate by notice given under the Indenture: and with respect to the Remarketing Agent
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·
shall mean its office located at 100 California Street, 12th Floor. San Francisco. California, or at such
other place as the Remarketing Agent shall designate to the Trustee as provided in the indenture: and WIth
respect to the Credit Bank shall mean its office located at 350 South Grand Avenue. Suite 1500. Los
Angeles. California 90071, or at such other place as the Credit Bank shall designate as provided in the
Indenture: and with respect to the Tender Agent shall mean Its office located at 707 Wilshire Boulevard.
Los Angeles, California 90017. or at such other place as the Tender Agent shall designate to the Trustee as
provided m the Indenture,
· "Prior Bonds" means the City's Multifamily Housing Revenue Bonds (Terra Nova AssocIates
Project) Series 1985
"Prior Regulatory Agreement" means the regulatory agreement and declaration of restnctlve
covenants among the City. First Interstate Bank of California. as trustee. and the Borrower. dated as of
March I. 1985. which is amended and restated by the Regulatory Agreement,
"Purchase Price" means. with respect to any Bond required to be purchased pursuant to the
Indenture. the principal amount of such Bonds plus interest accrued thereon to the date such Bond IS
reqUIred by the tenns of the Indenture to be purchased,
·
"Qualified Project Period" means the period beginning on the first day on which ten percent of
the dwelling units in the Project were occupied and ending on the later of (i) the date which is ten years
after the date on which 50% of the dwelling units in the Project were occupied: or (ii) the date which is a
qualified number of days after the date on which any of the dwelling units in the Project were occupied: or
(iii) the date on which any assistance provided with respect to the Project under Section 8 of the United
States Housing Act of 1937 tenninates. For purposes of clause (ii). the tenn "qualified number of days"
means. with respect to the Bonds. fifty percent (50%) of the total number of days comprising the period
from the date of issuance of the Prior Bonds to the maturity date of the Bonds,
"Rating Agency" means Standard & Poor's Ratings Group or its successors and assigns or. if
such entity is dissolved or liquidated or no longer perfonns the functions of a securities rating agency. any
other nationally recognized rating agency designated by the Trustee at the written direction of the City and
the Credit Bank,
"Record Date" means, with respect to each Interest Payment Date during a Variable Period. the
close of business on the Business Day before such Interest Payment Date. and, with respect to an Interest
Payment Date during a Reset Period, or after the ConversIOn Date. the close of business on the fifteenth
day of the month (whether or not a Business Day) next preceding such Interest Payment Date,
"Regulations" means the Income Tax Regulations promulgated or proposed by the Department of
the Treasury pursuant to the Code from time to tIme or pursuant to any predecessor statute to the Code,
"Reset Date" means the date on which Bonds begin to bear interest at a Reset Rate for the
succeeding Reset Period or at a Variable Rate following a Reset Period,
"Reset Period" means the period during which the Bonds bear interest at a Reset Rate,
"Reset Rate" means the rate of interest borne by the Bonds as detennined in accordance with the
Indenture
~-f;2
"Revenues" means all amounts pledged under the Indenture to the pa}ment of the principal of.
premium. if any. and interest on the Bonds. consisting of the following: (a) all moneys drawn by the
Trustee under the Letter of Credit. (b) proceeds ITom the sale of the Bonds deposited with the Trustee under
the Indenture. (c) income earned on investments pursuant to the Indenture. (d) any repa}ments of the Loan
required to be made by the Borrower pursuant to the Loan Agreement and (e) any amounts held ill the
funds and accounts established under the Indenture, Revenues do not include certain amounts held for
pa}ments to the United States. the City. the program adnunistrator or the Trustee pursuant to C'ertam
provisions of the Loan Agreement and the Regulatory Agreement.
"State" means the State of California,
"Tender Agent" means First Interstate Bank of California. as tender agent for the Bonds,
"Tender Notice" means a notice of demand for purchase of Bonds by any Bondholder pursuant to
the relevant provisions of the Indenture.
"Variable Interest Accrual Period" means. during any Variable Period. a period beginning on
an} Wednesday and ending on the following Tuesday. except that the first Variable Interest Accrual Period
for any Vanable Period will begin on the first day of such Variable Penod and end on the following
Tuesday
"Variable Interest Computation Date" means. with respect to any Variable Interest Accrual
Period. the Tuesday before the first day of such Variable Interest Accrual Period. or if Tuesday is not a
Business Day. the next sucC'eeding Business Day,
"Variable Period" means each period during which the Bonds bear interest at a Variable Rate,
"Variable Rate" means the variable rate of interest borne by the Bonds during a Variable Period
as determined in accordance with the Indenture.
"Variable Rate Adjustment Date" means any date on which Bonds begin to bear interest at a
Variable Rate for the succeeding Variable Period,
SUMMARY OF THE INDENTURE
The following is a summary of certain provisions of the Indenture Reference should be made to
the Indenture for a full and complete statement of its provisions.
Revenues
Pledge of Revenues. All of the Revenues are irrevocably pledged to the punctual payment of the
prIncipal of. premium. if any. and interest on the Bonds. subject to the provisions of this Indenture
penmtting the application of such Revenues for the purposes and on the tenns and conditions set forth in
the Indenture,
7"/¿/-' '13
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The City has also transferred in trust. granted a security interest in and assigned to the Trustee. for
the benefit of the holders from time to tIme of the Bonds and for the benefit of the Credit Bank. all of its
right. title and interest in the Revenues and the Loan Agreement (except for the right to receIve fees.
expenses and indemnification and its rights of enforcement with respect to such fees. expenses and
indemnification thereunder),
All Revenues shall be held in trust for the benefit of the holders from time to time of the Bonds and
for the benefit of the Credit Bank. but shall nevertheless be disbursed. allocated and applied solely for the
uses and purposes set forth in the Indenture,
Neither the City (or any Councilmember thereof) nor any person executing the Bonds is liable
personally on the Bonds or subject to any personal liability or accountability by reason of their issuance,
The Bonds are limited obligations of the City and are not a debt. nor a pledge of the faith and credit. of the
State of California or any of its political subdivisions. and neither are they liable on the Bonds. nor are the
Bonds payable out of any funds or properties other than those of the City pledged for the payment thereof
The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt
limitation, The issuance of the Bonds shall not directly or indirectly or contingently obligate the City. the
State of CalifornIa or any political subdivision thereof to levy or to pledge any fonn of ta.xation whatever
therefor or to make any appropriation for theIr payment.
Bond Fund. There shall be deposited into the Bond Fund (i) accrued interest receIved on sale of
the Bonds: (ii) all amounts drawn by the Trustee under the Letter of Credit: (iii) income received from the
investment of moneys on deposit in the Bond Fund: (iv) amounts transferred to the Bond Fund from the
Reserve Fund pursuant to the tenns of the Indenture: and (v) any other Revenues. including insurance
proceeds. condemnation awards and other Loan prepayment amounts received from or for the account of
the Borrower, The Trustee shall establish a separate subaccount in the Bond Fund for amounts dram,
under the Letter of Credit. and such amounts shall not be commingled with other moneys in the Bond Fund,
The Trustee shall establish a separate subaccount in the Bond Fund for each payment of moneys into the
Bond Fund (except for amounts drawn under the Letter of Credit). and such moneys shall not be
commmgled with other moneys in the Bond Fund. except that any such moneys in the Bond Fund that have
been held by the Trustee for at least 91 days without a bankruptcy petition having been filed by or against
the City or the Borrower may be commingled with other Available Amounts in a single subaccount of the
Bond Fund,
Except as othetwise provided in the lndenture. moneys in the Bond Fund shall be used solely for
the payment of the principal of and premium, if any. and interest on the Bonds as the same shall become
due. whether at maturity or upon redemption or acceleration or othetwise: provided that. upon receipt by
the Trustee of the proceeds of a draw on the Letter of Credit and payment of the interest and/or principal
then due on the Bonds with such proceeds or other Available Amounts in the Bond Fund. the Trustee shall
remit to the Credit Bank amounts then on deposit in the Bond Fund to the extent of such draw, In making
payments of principal. premium. if any. and interest on the Bonds. the Trustee shall (i) use amounts dray",
by the Trustee under the Letter of Credit. (ii) then use other Available Amounts held in the Bond Fund. and
(iii) then use any other Revenues on deposit with the Trustee,
Investments
Except as othetwise provided in the Indenture. am moneys in any of the funds and accounts to be
established by the Trustee pursuant to the Indenture shall be mvested by the Trustee. if and to the extent
then pennitted by law. m Investment Secunties selected and directed m wnting by the Borrower. with the
. /ì~-~1
written approval of the Credit Bank with respect to which payments of principal thereof and interest
thereon are scheduled or otherwise payable not later than the date on which it is estimated that such moneys
will be required by the Trustee, In the absence of such directions, the Trustee shall invest such monies in
Investment Securities described in clause (c) or (e) of the definition thereof. Amounts drawn under the
Letter of Credit and proceeds received from the remarketing of the Bonds shall not be invested, except at
the written direction of the Credit Bank, and then only in Investment Securities of the type described in
clauses (a) or (b) of the definition thereof. Available Amounts held in the Bond Fund and the Reserve Fund
other than amounts drawn under the Letter of Credit shall be invested only in Investment Securities
described in clauses (a). (b). (c). (e) or (t) of the definition thereof maturing or subject to payment upon
demand of the holder thereof within 30 days after the acquIsition of any such investment and m any event
not later than the date on which it is estimated that such moneys will be required by the Trustee, The
Trustee shall have no liability or responsibility for any loss resulting from any investment made in
accordance with the tenns of the Indenture,
For the purpose of detennining the amount m any fund or account all Investment Securities
credited to such fund or account shall be valued at cost (which shall be measured exclusive of accrued
interest after the first payment of interest followmg purchase,)
Any interest. profit or loss on such investment of moneys in any fund or account shall be credited
or charged to the respective funds or accounts from which such investments are made. except as otherwise
provided in the Indenture, The Trustee may sell or present for redemption any obligations so purchased
whenever it shall be necessary in order to provide moneys to meet any payment, and the Trustee shall not
be liable or responsible for any loss resulting from such sale or redemption.
The Trustee may make any and all investments pennitted under the Indenture through its 0\\11 bond
department or any affiliate and may pay said bond department reasonable, customary fees for placing such
investments.
Discharge of Lien
Subsequent to Conversion. if the entire indebtedness on all Bonds outstanding shall be paid and
discharged in anyone or more of the following ways:
(a) by the payment of the principal of (including redemption premium. if any) and interest
on all Bonds outstanding; or
(b) by the deposit or credit to the account of the Trustee. in trust. at or before maturity. of
money or securities in the necessary amount (as provided in the Indenture to payor redeem Bonds
outstanding, whether by redemption or otherwise: or
(c) by the delivery to the Trustee. for cancellatIOn by it. of all Bonds outstanding:
and if all other sums payable thereunder by the City shall be paid and discharged. then and in that case the
Indenture shall cease. tenninate and become null and void. except only as otherwise provided in the
Indenture. and thereupon the Trustee shall. upon written request of the City. and upon receipt by the
Trustee of a certificate of the City and an opinion of counsel. each stating that in the opinion of the signers
all conditions precedent to the satisfaction and discharge of the Indenture have been complied with. and
with respect to the opinion of counsel that amounts applied or to be applied to the payment of Bonds are
Available Amounts. forth\\;th execute proper instruments acknowledging satisfaction of an discharging the
~
~/CJ ~Jjþ
~-_...,--_.._-,--_._- .--....- _.__.__.,,-,---_..._--_.._._._-~. _._ ... .......... ',__m -.---.'-.---------.-.-.----..-----,..-.--
Indenture, The fees, expenses and charges of the Trustee and the Tender Agent (including reasonable
counsel fees) must be paid in order to effect such discharge, The satIsfaction and discharge of the
Indenture shall be without prejudice to the rights of the Trustee to charge and be reunbursed by the
Borrower for any expenditures which it may thereafter incur III connection therewith,
The City or the Credit Bank or the Borrower may at any time surrender to the Trustee for
cancellation by it any Bonds previously authenticated and delivered which the City or the Credit Bank or
the Borrower lawfully may have acquired in any manner whatsoever, and such Bonds upon such surrender
and cancellatIOn shall be deemed to be paid and retIred.
Upon the deposit with the Trustee. in trust. at or before maturity. of money or secunties in the
necessary amount (as provided in the Indenture) to payor redeem outstanding Bonds (whether upon or
prior to their maturity or the redemption date of such Bonds) provided that. if such Bonds are to be
redeemed prior to the maturity thereof. notice of such redemption shall have been gIven as III the Indenture
or provision satIsfactory to the Trustee shall have been made for the giving of such notice. all liability of
the City in respect of such Bonds shall cease. tenninate and be completely discharged. except only that
thereafter the holders thereof shall be entitled to payment by the City, and the City shall remain liable for
such payment. but only out of the money or securities deposited with the Trustee as aforesaId for theIr
payment, subject. however. to the certain other provisions of the Indenture.
Events of Default and Remedies
Each of the following events shall constitute an "Event of Default" thereunder:
(a) failure to pay the principal of or premium (if any) on any Bond when and as the same
shall become due and payable. whether at maturity as therein expressed, by proceedings for
redemption. by declaration or otherwise:
(b) failure to pay any installment of interest on any Bond when such interest installment
shall become due and payable:
(c) failure to pay the Purchase Price of any Bond tendered in accordance with the
provisions of the Indenture when such Purchase Price shall become due and payable:
(d) failure by the City to perfonn or observe any other of the covenants, agreements or
condition on its part in the Indenture or III the Bonds contained. and the continuation of such failure
for a period of thirty (30) days after written notice thereof. specifYing such default and requiring
the same to be remedied, shall have been given to the City. the Borrower and the Credit Bank by
the Trustee, or to the City, the Credit Bank and the Trustee by the holders of not less than twenty-
five percent (25%) in aggregate principal amount of the Bonds at the time outstanding: and
(e) an Act of Bankruptcy,
No default specified in (d) above shall constitute an Event of Default unless the City. the Borrower
and the Credit Bank shall have failed to correct such default within the applicable period: provided.
however. that if the default shall be such that it cannot be corrected within such period. it shall not
constitute an Event of Default if corrective action is instituted by the City. the Borrower or the Credit Bank
wIthin the applicable period and diligently pursued until the default is corrected, With regard to an alleged
default concerning which notice is given to the Borrower or the Credit Bank under the provisions of (d)
. ~
/p, ýt
above. the City grants the Borrower and the Credit Bank full authority for the account of the City to
perform any covenant or obligation the non-performance of which is alleged in said notice to constitute a
default in the name and stead of the City with full power to do any and all things and acts to the same
extent that the City could do and perform any such things and acts and with power of substitution,
During the continuance of an Event of Default, unless the principal of all the Bonds shall have
already become due and payable. the Trustee may. and upon the occurrence of any Event of Default.
specified in (a) or (b) above or upon the written request of the Credit Bank or the holders of not less than
twenty-five percent (25%) in aggregate princIpal amount of the Bonds at the time outstanding. or in the
case of any other Event of Default. the Trustee shall. by notice in wnting to the City, the Credit Bank and
the Remarketing Agent, declare the principal of all the Bonds then outstanding, and the interest accrued
thereon, to be due and payable immediately. and upon any such declaration the same shall become and shall
be immediately due and payable, anythmg in the Indenture or the Bonds contained to the contrary
notwlthstandmg. Upon any such declaration of acceleration, the Trustee shall fix a date for payment of the
Bonds. which date shall be (i) the date of an occurrence of an Act of Bankruptcy and (ii) as soon as
practIcable after such declaration with respect to any other such declaration, and shall draw upon any then-
outstanding Letter of Credit in accordance with its terms on or before such date with respect to any other
Event of Default specified in (a), (b) or (c) above. and apply the amount so drawn, together with any other
Available Amounts. to pay on such date the pnncipal of and interest on the Bonds so due and payable,
The preceding paragraph. however. is subject to the condition that if. at any time after the principal
of the Bonds shall have been so declared due and payable. and before any drawing is made under the Letter
of Credit or any judgment or decree for the payment of the moneys due shall have been obtained or entered
as hereinafter provided, there shall have been deposited with the Trustee Available Amounts sufficient to
pay all the' principal of the Bonds matured or required to be redeemed prior to such declaration and all
matured installments of interest (if any) upon all the Bonds. with interest on such overdue installments of
principal. and the reasonable expenses of the Trustee. its agents and counsel. and any and all other defaults
knOWl1 to the Trustee (other than in the payment of principal of and interest on the Bonds due and payable
solely by reason of such declaration) shall have been made good or cured to the satisfaction of the Trustee
or provision deemed by the Trustee to be adequate shall have been made therefor, then. and in every such
case. the holders of at least a majority in aggregate principal amount of the Bonds then outstanding, by
written notice to the City and to the Trustee and with indemnification satisfactory to the Trustee and with
the written approval of the Credit Bank, may. on behalf of the holders of all the Bonds, rescind and annul
such declaration and its consequences and waive such default: but no such rescission, annulment or waiver
shall extend to or shall affect any subsequent default. or shall impair or exhaust any right or power
consequent thereon,
Institution of Legal Proceedings
If one or more of the Events of Default shall occur and be continuing. the Trustee in its discretion
may. and upon the written request of the holders of a majority in principal amount of the Bonds then
Outstanding and. in the case of an Event of Default described in (d) above, upon the written request of the
Credit Bank, and upon being indemnified to its satisfaction therefor the Trustee shall, proceed to protect or
enforce its rights or the rights of the holders of Bonds under the Act or under the Indenture. the Loan
Agreement and the Letter of Credit. by a suit in equity or action at law, either for the specific performance
of any covenant or agreement contained therein. or in aid of the execution of any power therein granted, or
by mandamus or other appropriate proceedings for the enforcement of any other legal or equitable remedy
as the Trustee shall deem most effectual in support of any of its rights or duties thereunder: provided that
any such request from the Bondholders or the Credit Bank shall not be in conflict with any rule of law or
0ð-tf?
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WIth the Indenture expose the Trustee to personal liability or be unduly prejudicial to Bondholders not
Joining therein, Notwithstanding the above. nothing therein shall cause the Trustee to delay in taking
actions expressly required by the Indenture for the protection of the Bondholders,
Rights and Remedies of Bond Owners
No holder of any Bond issued under the Indenture shall have the right to institute any suit. action or
proceeding at law or in equity. for any remedy under or upon the Indenture. unless (a) such holder shall
have previously given to the Trustee written notice of the occurrence of an Event of Default under the
Indenture: (b) the holders of at least a majority in aggregate principal amount of all the Bonds then
outstanding shall have made wntten request upon the Trustee to exercise the powers hereinbefore granted
or to institute such action. suit or proceeding m Its own name; (c) said holders shall have tendered to the
Trustee indemnity satisfactory to it against the costs. expenses and liabilities to be incurred in compliance
with such request; and (d) the Trustee shall have refused or omitted to comply with such request for a
period of thirty (30) days after such written request shall have been received by, and said tender of
indemnity shall have been made to. the Trustee,
Such notification. request. tender of indemnity and refusal or omission are declared, in every case.
to be conditions precedent to the exercise by any holder of Bonds of any remedy under the Indenture: it
being understood and mtended that no one or more holders of Bonds shall have any right in any manner
whatever by Its or theIr action to enforce any right under the Indenture, except in the manner therein
provided. and that all proceedings at law or in equity to enforce any provisIOn of the Indenture shall be
instituted. had a maintained in the manner provided under the Indenture and for the equal benefit of all
holders of the outstanding Bonds.
The right of any holder of any Bond to receive payment of the principal of (and premium, if anv)
and interest on such Bond out of Revenues. as therein provided. on and after the respective due dates
expressed in such Bond. or to institute suit for the enforcement of any such payment on or after such
respective dates. shall not be impaired or affected without the consent of such holder, notwithstanding any
other provision of the Indenture,
The Trustee
The Trustee has undertaken to perfonn only the duties specifically set forth in the Indenture, If an
event of default has occurred and has not been cured. the Trustee shall exercise the right and powers vested
in it by the Indenture. using the same degree of care and skill in their exercise as prudent trustees familiar
with such matters would exercise under similar circumstances in the conduct of their own affairs. The right
of the Trustee to perfonn discretionary acts shall not be construed as a duty. and the Trustee will be liable
only for its negligence or bad faith in the perfonnance of such acts. The Trustee will not be required to
give any bond or surety in respect of the execution of the trusts and powers conferred upon it by the
Indenture, The Trustee will not be required to take notice. and will not be deemed to have notice of any
event of default made under the Indenture except failure by the City to cause to be made any of the
pa}ments to the Trustee required to be made with respect to the Bonds, unless the Trustee shall be
specifically notified in writing of such default by the City, by the Credit Bank or by the owners of at least
25% in aggregate principal amount of outstanding Bonds. and in the absence of such notice the Trustee
may conclusively assume that there is no default. or any default under the Regulatory Agreement.
Before taking any action at the request of the owners of the Bonds in connection with the
enforcement of the rights and remedies granted pursuant to the Indenture. the Trustee may require that a
~-L/Ý
satisfactory indemnity bond be furnished for the reimbursement of all expenses to which it may be put and
to protect it against all liability, except liability which is adjudicated to have resulted fTom its negligence or
willful default in connection with any such action.
The Trustee may at any time resign by giving written notice delivered to the City and by giving
written notice to the Bondholders by first class mail. Upon receiving such notice of resignation. the City.
with the consent of the Credit Bank and the Borrower (which consents shall not be unreasonably withheld).
shall promptly appoint a successor trustee by an instrument in writing. If no successor trustee shall have
been so appointed and have accepted appointment within forty-five (45) days after the giving of such notice
of resignation. the resigning trustee may petition any court of competent jurisdiction for the appointment of
a successor trustee. or any Bondholder who has been a bona fide holder of a Bond for at least six months
may. on behalf of itself and others similarly situated, petition any such court for the appointment of a
successor trustee, Such court may thereupon. after such notice, if any. as it may deem proper and may
prescribe. appoint a successor trustee,
Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any
of the provisions of the Indenture shall become effective only upon acceptance of appointment and
assumption of duties by the successor trustee as provided in the Indenture, and upon transfer of the Letter
of Credit to the successor Trustee.
Every successor to the Trustee shall be a trust company or bank in good standing having a reported
capital stock and surplus of not less than $50.000.000 and subject to supervision or examination by federal
or state authority,
Supplemental Indentures
The City and the Trustee, fTom time to time and at any time. subject to the conditions and
restrictions in the Indenture contained. may enter into an indenture or indentures supplemental thereto.
which indenture or indentures thereafter shall form a part thereof. for anyone or more of the following
purposes:
(a) to add to the covenants and agreements of the City in the Indenture contained. other
covenants and agreements thereafter to be observed. or to assign or pledge additional security for
the Bonds. or to surrender any right or power under the Indenture reserved to or conferred upon the
City: provided that no such covenant. agreement, assignment. pledge or surrender shall materially
adversely affect the interests of the holders of the Bonds:
(b) to evidence the succession of a new Trustee under the Indenture. or to provide for the·
appointment of a co-trustee or for a paying agent in addition to the Trustee:
(c) to make such provisions for the purpose of curing any ambiguity. inconsistency or
omission. or of curing, correcting or supplementing any defective provision contained in the
Indenture. or in regard to matters or questions arising under the Indenture. as the City may deem
necessary or desirable and not inconsistent with the Indenture and which shall not materially
adversely affect the interests of the holders of the Bonds:
(d) to provide for the issuance of coupon bonds or to provide for the use of a book entry
system: provided. however. that the City and the Trustee shall have received an opinion of Bond
Counsel to the effect that issuance of the Bonds In coupon form or the use of a book-entry system.
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respectively. complies with all applicable laws and will not adversely affect the exclusion of
interest on the Bonds ITom gross income for federal income tax purposes;
(e) to modify. amend or supplement the Indenture or any indenture supplemental thereto m
such manner as to pennit the qualification thereof under the Trust Indenture Act of 1939. as
amended. or any similar federal statute hereafter in effect, and, if they so detennine, to add to the
Indenture or any indenture supplemental thereto such other tenns, conditions and provisions as
may be pennItted by saId Trust Indenture Act of [939. as amended. or similar federal statute. and
which shall not matenally adversely affect the mterests of the holders of the Bonds;
(I) to make such additions, deletions or modifications as may be necessary to assure
compliance with section 142(d), 148(d)(3) or 148(1) of the Code. or otherwise to assure the
exclusion ITom gross income under federal tax law of interest on the Bonds; or
(g) to modify. alter. amend or supplement the Indenture in any other respect. including
amendments which would otherwIse be described below. If notice of the proposed supplemental
indenture IS given to Bondholders (in the same manner as notices of redemption are given) at least
thirty (30) days before the effective date thereof and. on or before such effectIve date. the
Bondholders have the nght to demand purchase of their Bonds pursuant to the tenns of the
Indenture,
Any supplemental indenture authonzed by the provIsions described above may be executed by the
City and the Trustee without the consent of or. except in the case of clause (g) above, notice to the holders
of any of the Bonds at the time outstanding, notwithstanding any of the provisions set forth below. but
(i) the Trustee shall not be obligated to enter into any such supplemental indenture which affects the
Trustee's own rights. duties or immunities under the Indenture or otherwise; (ii) the Trustee shall not enter
into any such supplemental indenture which affects the rights or obligations of the Borrower thereunder or
under the Agreement without first obtaining the written consent of the Borrower; and (iii) the Trustee shall
not enter into any supplemental indenture without first obtaining the written consent of the Credit Bank.
except as required in the opinion of Bond Counsel to maintain the exclusion ITom gross income for federal
income tax purposes of interest on the Bonds. in which case the Trustee shall give notice thereof to the
Credit Bank,
With the prior written consent of the Credit Bank and the consent of the holders of not less than
sixty percent (60%) in aggregate principal amount of the Bonds at the time outstanding, evidenced as
provided in the Indenture. the City and the Trustee may ITom time to time and at any time enter into an
indenture or indentures supplemental thereto for the purpose of adding any provisions to or changing in any
manner or eliminating any of the provisions of the Indenture or of any supplemental indenture; provided.
however. that, except to the extent expressly pennitted by the relevant provisions of the Indenture. no such
supplemental indenture shall (I) extend the fixed maturity of any Bond or reduce the rate of interest thereon
or extend the time of payment of interest, or reduce the amount of the principal thereof. or reduce any
premium payable on the redemption thereof. without the consent of the holder of each Bond so affected. or
(2) reduce the aforesaid percentage of holders of Bonds whose consent is required for the execution of such
supplemental indentures. or pennit the creation of any lien on the Revenues prior to or on a parity with the
lien of the Indenture. except as pennitted therein. or pennit the creation of any preference of any
Bondholder over any other Bondholder or deprive the holders of the Bonds of the lien created bv the
Indenture upon the Revenues. or impair the right of the owners of Bonds to demand purchase thereof
pursuant to the Indenture, without in each case the consent of the holders of all the Bonds then outstanding,
Nothing m thIS paragraph shall be construed as makmg nCCèssary the approval of any Bondholder of any
Y;¿p-ø
supplemental indenture pennitted under the provisions described above. Upon receipt by the Trustee of a
Certified Resolution authorizing the execution of any such supplemental indenture. and upon the filing with
the Trustee of evidence of the consent of Bondholders. as aforesaid. the Trustee shall Join with the City in
the execution of such supplemental indenture. unless (i) such supplemental indenture affects the Trustee's
own rights. duties or immunities under the Indenture or otherwise. in which case the Trustee may in its
discretion. but shall not be obligated to. enter into such supplemental indenture only if the Trustee has
received the Borrower's written consent thereto; or (iii) such supplemental Indenture affects the rights or
obligations of the Tender Agent under the Indenture. in which case the Trustee shall enter into such
supplemental indenture only if the Trustee has received the Tender Agent's written consent thereto,
SUMMARY OF THE LOAN AGREEMENT
The Loan Agreement sets forth the agreement between the City and the Prior Borrower with
respect to the issuance of the Bonds and the loan to the Prior Borrower of the proceeds of the Bonds,
Under the Indenture. the City caused the Trustee to disburse certam Bond proceeds to the Prior Borrower
for the pU'l'0se of refinancing the loan made to the Prior Borrower from the proceeds of the Prior Bonds,
The following is a summary of certain provisIOns of the Loan Agreement, Reference should be made to the
Loan Agreement for a complete statement of its provisions. The Borrower has assumed the obligations of
the Prior Borrower under the Loan Agreement.
Payment of the Loan
The Borrower has agreed to repay the Loan in the amounts and at the times necessary to enable the
Trustee. on behalf of the City. to pay when due all amounts payable with respect to the Bonds when due.
whether at maturity or by redemption (with premium. if applicable) or acceleration or upon tender with a
faIlure to remarket. or otherwise. The City has agreed that the Borrower's repayment obligations under the
Loan Agreement shall be reduced from time to time by any amounts drawn under the Letter of Credit. if
any. and applied to the payment of debt service on the Bonds.
The Borrower has also agreed to pay to the Trustee from time to time reasonable compensation for
all servIces rendered by it under the Indenture and the other agreements relating to the Bonds to which the
Trustee is a party; except as otherwise expressly provided in the Indenture or such other agreements, to
reimburse each of the Trustee and the Tender Agent upon its request for all reasonable expenses.
disbursements and advances (including reasonable counsel fees) incurred or made by the Trustee or the
Tender Agent in accordance with any provision of the Indenture or other agreements to which the Trustee
or the Tender Agent is a party or pursuant to which it is required to act (including the reasonable
compensation and the expenses and disbursements of its agents and counsel). except any such expense.
disbursement or advance as may be attributable to its negligence or willful misconduct; to indemnify the
Trustee and the Tender Agent for, and hold each hannless against. any loss. liability or expense incurred
without negligence or bad faith on its part. arising out of or in connection with the acceptance or
administration of the trust under the Indenture or any other agreement relating to the Bonds to which the
Trustee or the Tender Agent is a party or pursuant to which it is required to act. including the costs and
expenses of defending itself against any claim or liability in connection with the exercise or ¡1erfonnance of
any of its powers or duties thereunder; and to pay any annual fee of any Rating Agency then rating the
Bonds, the fees of the Remarketing Agent. the Tender Agent and any paying agents. and certain other
amounts referred to in the Indenture,
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The Borrower has also agreed to pay certain other fees and expenses of the City. including fees
incurred in connection with the enforcement of the Regulatory Agreement.
Prepayment of the Loan
The Borrower shall be pennitted or required to prepay, or shall be deemed to have prepaid. the
Loan, in whole or in part. and the principal amount thereof shall be reduced accordingly, in an amount
equal to the principal amount of Bonds redeemed and on the date of such redemption. as follows:
(a) The Borrower shall be required to prepay the Loan from the amount of any Net
Proceeds of any insurance or condemnation award whIch are not used to repair or replace the
Project pursuant to the tenns of the Loan Agreement.
(b) The Borrower shall be pennltted to prepay the Loan at any time (i) while the Bonds
bear interest at a Variable Rate or on a Reset Date or the Conversion Date. (ii) at any time not
more than 180 days nor less than 120 days before any date on which the Bonds are subject to
optional redemption pursuant to the Indenture. and (iìì) such lesser period of time before any date
on which the Bonds are subject to redemption pursuant to the Indenture as may be approved in
writing by the Credit Bank, but only on at least 30 day's notice to the Trustee of such redemption
and only if the amounts to be applied to the payment of principal, premium, if any. and interest on
the Bonds are Available Amounts.
(c) The Borrower shall be required to prepay the full remaining balance of the Loan. upon
the occurrence of an Acceleration Default and the acceleration of the Loan pursuant to the tenns of
the Loan Agreement. or the Credit Bank's request for, or consent to. the acceleration of the Loan
following any other Event of Default under the Loan Agreement.
(d) The Borrower shall be required to prepay the Loan in whole on the date necessary ill
order for the Bonds to be redeemed as provided in the Indenture with respect to the expiration of
the Letter of Credit.
Events of Default
Each of the following events constitutes an event of default under the Loan Agreement:
(a) the occurrence of an Event of Default described in (b). (c) or (d) below. or a default
under the Regulatory Agreement, if. as set forth in a written opinion of Bond Counsel delivered to
the Trustee. such default would be likely to result in interest on the Bonds becoming includable in
gross income of a Bondholder for federal income tax purposes if the Bonds remain outstanding (an
"Acceleration Default");
(b) failure by the Borrower (i) to pay any amounts required to be paid under the Loan
Agreement at the times specified therein. and such failure shall continue for a period of five days
without payment having been made by the Borrower or (ìì) to deliver the Bankruptcy Certificate
required by the Loan Agreement at the times specIfied therein;
(c) failure by the Borrower to observe and perfonn any other covenant, condition or
agreement on its part required to be observed or perfonned by the Agreement (including
perfonnance of its obligations under the Regulatory Agreement and the Housing Cooperation
X¡JJ "'~,)...
Agreement), and which continues for a period of thirty (30) days after written notice. specifying
such failure and requesting that it be remedied. given to the Borrower by the City or the Trustee.
unless the City and the Trustee shall. with the consent of the Credit Bank. agree in writing to an
extension of such time prior to its expiration: provided. however. that if the failure stated in the
notice cannot be corrected within such period. the City and the Trustee will not unreasonablv
withhold their consent to an extension of such time if corrective action is instituted within such
period and diligently pursued until the default is corrected:
(d) the making of any representation or warranty by the Borrower in this Agreement or m
any document executed in connection "1th this Agreement which is false or misleading in any
material respect when made: or
(e) receipt by the Trustee ITom the Credit Bank of notice of (i) nonreimbursement of the
interest portion of the Letter of Credit following a drawing thereon to pay interest on the Bonds. or
(ii) an event of default under the Credit Agreement or the Borrower Mortgage and a request that it
be treated as an Event of Default under the Loan Agreement.
The provisions of subsection (c) above, except WIth respect to defaults under the Regulatory
Agreement or under certain tax covenants set forth in the Loan Agreement. are subject to the limitation that
the Borrower shall not be deemed in default if and so long as the Borrower is unable to carry out its
agreements under the Indenture by reason of strikes. lockouts or other industrial disturbances: acts of
public enemies: orders of any kind of the government of the United States or of the State of California or
any of their departments. agencies. or officials. or any civil or military authority: insurrections, riots.
epidemics. landslides: lightning: earthquake: fire: hurricanes: stonns: floods: washouts: droughts: arrests:
restraint of government and people: civil disturbances: explosions: breakage or accident to machinery.
transmission pipes or canals: partial or entire failure of utilities: or any other cause or event not reasonably
within the control of the Borrower: it being agreed that the settlement of strikes. lockouts and other
industrial disturbances shall be entirely within the discretion of the Borrower. and the Borrower shall not be
required to make settlement of strikes. lockouts and other industrial disturbances by acceding to the
demands of the opposing party or parties when such course is. in the judgment of the Borrower.
unfavorable to the Borrower. This limitation shall not apply to any default except under subsection (c)
above,
The Trustee shall not be deemed to have knowledge of any Event of Default under the Indenture
unless and until it shall have actual knowledge thereof or it shall have received written notice thereof.
Remedies on Default
Whenever any Event of Default shall have occurred and shall continue, after giving notice to the
Credit Bank and subject to any right of the Credit Bank to cure any such default, the City and the Trustee
may take anyone or more of the following remedial steps:
(I) The Trustee. upon the occurrence of an Acceleration Default or a default under
(b) above under the caption "Events of Default". or at the request or with the consent of the Credit
Bank upon the occurrence of any other Event of Default under the Loan Agreement. by written
notice to the Borrower. shall immediately declare to be due and payable immediately the unpaid
balance of the Loan,
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(2) The City, the Credit Bank and the Trustee may have access to and may inspect.
examine and make copies of the books and records and any and all accounts. data and federal
income tax and other tax. returns of the Borrower,
(3) The City or the Trustee may take whatever action at law or in equity as may be
necessary or desirable to collect the payments and other amounts then due and thereafter to become
due or to enforce performance and observance of any obligation. agreement or covenant of the
Borrower under the Loan Agreement.
(4) The Trustee may institute any actIOn or proceeding at law or in equity for the collection
of any sums due and unpaid. and may prosecute any such action or proceeding to judgment or final
decree. and may enforce any such judgment or final decree against the Borrower and collect In the
manner provided by law the moneys adjudged or decreed to be payable.
[n case the Trustee or the City shall have proceeded to enforce its rights under the Loan Agreement
and such proceedings shall have been discontinued or abandoned for any reason or shall have been
detenmned adversely to the Trustee or the City. then. and in every such case. the Borrower. the Trustee. the
Credit Bank and the City. then. and in every such case. the Borrower. the Trustee. the Credit Bank and the
City shall be restored respectively to their several positions and rights under the Indenture, and all rights.
remedies and powers of the Borrower. the Trustee. the Credit Bank and the City shall continue as though
no such action had been taken.
SUMMARY OF THE LETTER OF CREDIT AGREEMENT
Pursuant to the Letter of Credit Agreement. the Credit Bank will issue the Letter of Credit. See
"SOURCES OF PAYMENTS FOR THE BONDS -- The Letter of Credit" above, The Borrower has
agreed to reimburse the Credit Bank for any payments made to the Trustee on behalf of the owners of the
Bonds under the Letter of Credit. The Borrower's perfonnance or nonperfonnance under the Letter of
Credit Agreement will not affect the Credit Bank's obligations under the Letter of Credit.
The Borrower's obligation to reimburse the Credit Bank for drawings made under the Letter of
Credit will be secured by the Borrower Mortgage, Other obligations of the Borrower under the Letter of
Credit Agreement will be secured by the Bank Second Mortgage,
Repayments of advances under the Letter of Credit and interest thereon are payable on demand. in
immediately available funds, notwithstanding the lack of enforceability of the Bonds. any amendment or
waiver of any tenns of the Operative Documents (as defined in the Letter of Credit Agreement). the
existence of any claim against the Trustee by the Borrower or the City. the invalidity or insufficiency of
any document or instrument presented under the Letter of Credit except to the extent resulting from the
gross negligence or willful misconduct of the Credit Bank. or payment by the Credit Bank of a draft or
certificate not in compliance with the Letter of Credit. except to the extent resulting from the gross
negligence or willful misconduct of the Credit Bank,
The occurrence of any of the following events constitutes an event of default under the Letter of
Credit Agreement: (i) the failure of the Borrower to make when due any required payment under the Letter
of Credit Agreement (ii) any representation or warranty made by or on behalf of the Borrower having been
false or rrusleading in any material respect (iii) failure bv the Borrower to perfonn or observe any other
tenn. covenant or agreement in the Letter of Credit Agreement: (IV) failure by the Borrower to perfonn or
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observe any other tenn, covenant or agreement in any Operative Document, which failure could materially
adversely affect the Borrower's ability to perfonn its obligations under the Letter of Credit Agreement or
any Operative Document; (v) unenforceability of any Operative Document resulting in a material adverse
impairment of the Borrower's ability to perform its obligations under the Letter of Credit Agreement or any
Operative Document; (vi) any continuing event of default under any Operative Document; (vii) certain
events relating to compliance with the Employee Retirement Income Security Act of 1974, as amended: and
(vÙi) certam defaults in other obligations of the Borrower which materially adversely affect the Borrower's
ability to perform Its obligations under the Letter of Credit Agreement or any Operative Documents,
SUMMARY OF THE HOUSING COOPERA nON AGREEMENT
The City and the Prior Borrower entered into the Housing Cooperation Agreement for the purpose
of assuring, in a manner that differs from the Regulatory Agreement. that 20% of the dwelling units in the
Project will be made available to Lower-Income Tenants, The Borrower has assumed the obligations of the
Prior Borrower under the Housing CooperatIOn Agreement. With respect to 25 two-bedroom apartments.
the monthly rental may not exceed l/12th of 30% of the mcome limit applicable to four persons. and with
respect to 21 one-bedroom apartments. the monthly rental may not exceed 1/12th of 30% of the income
limit applicable to two persons, The Borrower will undertake to obtain information from prospective
tenants who seek to qualify as Lower-Income Tenants and may rely on such information, The Borrower is
reqUired to submit a semi-annual report to the Issuer disclosing WIth respect to each such apartment the
monthly rental rate. the number of occupants and the income of such occupants.
The term of the Housing Cooperation Agreement extends for ten years after the date on which one-
half of the dwelling units in the Project are first occupied or until the final maturity of the Bonds. whichever
is the later date, In the event that state or federal laws or regulations subsequently enacted prevent
compliance with the Housing Cooperation Agreement, the parties are to confer in good faith concerning
modification thereof: any necessary modification or suspension thereof will be determined by the City
Council at a hearing scheduled for that purpose,
[n the event of breach of the Housing Cooperation Agreement by the Borrower. the remedies
available to the Issuer include reducing the rents to those permitted under the Housing Cooperation
Agreement. refunding to tenants any excess rentals. together with the interest thereon at the rate of 10% per
annum. and terminating leases of tenants who occupy one of the reduced rental apartments but do not
qualify for reduced rentals,
SUMMARY OF THE REGULA TORY AGREEMENT
The City and the Prior Borrower entered into the Regulatory Agreement to. among other reasons.
ensure compliance with the requirements of the Code, The Borrower has assumed the obligations of the
Prior Borrower under the Regulatory Agreement.
Residential Rental Property
The Borrower has covenanted in the Regulatory Agreement that the Project will be owned.
managed and operated as a multifamily rental housing project for the Qualified Project Period, To that
end, the Borrower has represented. warranted. covenanted and agreed therein as follows:
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-~-_._.._._--- -----
( I) The Borrower will own. manage and operate the Project for the purpose of providing
multIfamily rental housing comprised of a building or structure or several interrelated bUIldings or
structures, each consisting of more than one dwelling unit and functionally related and subordinate
facilities, and no other facilities,
(2) All of the dwelling urnts m the Project were and are similarly constructed, and each
dwelling umt in the Project will contain complete. separate and distinct facilities for living,
sleeping. eatmg, cooking and sanitation for a single person or a family which are complete.
separate and distinct from other dwelling units in the Project and does and will include a sleeping
area. bathing and sanitation facilities and cookmg facilities equipped with a cooking range.
refrigerator and sink.
(3) The Borrower does not and will not knowingly pennit any of the dwelling units in the
Project at any time to be utilized on a transient basis and will not rent any of the urnts for a period
of less than thirty (30) consecutive days. and none of the dwelling units in the Project will be at any
time leased or rented as a hotel, moteL donnitory. fraternIty house. sorority house, rooming house.
nursing home. hospital. sanitarium. rest home. or trailer court or park,
(4) No part of the Project will at any tIme be owned or used by a cooperative housing
corporation,
(5) The Project site consists of a parcel or parcels that are contiguous (except for the
interposition of a road. street or stream) and all of the improvements will comprise a single
geographically and functionally integrated project for multifamily rental property. as evidenced by
the common ownership. management. accounting and operation of the Project.
(6) The Borrower will not sell dwelling units within the Project.
(7) The requirements described under the heading "Residential Rental Property" will apply
for a tenn equal to the Qualified Project Period.
Lower Income Tenants
The Borrower has represented, warranted and covenanted as follow with respect to the Qualified
Project Period:
(a) At least 20 percent of the completed dwelling units in the Project are and will be
occupied, or available for occupancy by Lower-Income Tenants on a continuous basis. Existing
Lower Income Tenants may be counted toward this requirement under the eligibility and rent
requirements of the Prior Regulatory Agreement if they have continually occupied their units since
the Dated Date,
The Borrower will not give preference to any particular class or group in renting the
dwelling units in the Project. except to the extent that dwelling units are required to be occupied by
or held available for occupancy by Lower Income Tenants, The Borrower will not discriminate on
the basis of race. creed. color. sex. source of income (e.g, Aid for Families \\ith Dependent
Children. Social Security Income. etc,). physical disability. age. national origin or martial status in
the lease. use or occupancy of the Project or in connection with the employment or application for
employment of persons for the operation and management of the Project, Tenants in the Lower-
At) /5//
Income Dwelling units will have equal access to and enjoyment of all common facilities of the
Project. All of the dwelling units in the Project shall be leased or rented. or available for lease or
rental, to the general public and the Borrower will designate the dwelling units in the Project
reserved for occupancy by Lower Income Tenants. and will adVIse the City. the Program
Administrator, the Bank, and the Trustee by delivery of certificate in writing of such designation
and. on a monthly basis. of any revisions thereof Such certificate shall be in substantially the
form of the "Designation of Lower-Income Units" attached as an exhibit to the Regulatory
Agreement. Dwelling units so designated shall be intermingled with all other dwelling units and
shall be of comparable quality and offer a range of sizes and number of bedrooms comparable to
dwelling units in the Project which are not Lower-Income Units,
(b) During the Qualified Project Period. the Borrower will rent or lease the Lower Income
Dwelling units to Lower-Income Tenants and. if at any tlffie the Borrower IS unable to rent or lease
the Lower-Income Units to Lower-Income Tenants, the Borrower will hold the unrented Lower-
Income Units vacant pending rental or lease to Lower Income Tenants,
(c) The Borrower will obtam and mamtain on file Certifications of Tenant Eligibility from
each Lower-Income Tenant substantially in the form attached as an exhibit to the Regulatory
Agreement. Such Certifications shall be filed wIth the Administrator and the Bank, by attachment
to the "Designation of Lower-Income Units", The Borrower shall make a good faith effort to verify
that the income provided by an applicant in an income certification is accurate by taking any of the
following steps as a part of the verification process: (1) obtain a pay stub for the most recent pay
period, (2) obtain an mcome ta.x return for the most recent tax year. (3) obtain an income
verification form from the applicant's current employer. (4) obtain an income verification form
from the Social Security Administration and/or the California Department of Social Services if the
applicant receives assistance from either of such agencies. or (5) if the applicant is unemployed and
has no such tax return. obtain another form of independent verification,
(d) The Borrower will maintain complete and accurate records pertaining to the Lower-
Income Units. and will permit any duly authorized representative of the City. the Administrator. the
Bank, or the Trustee to inspect the books and records of the Borrower pertaining to the incomes of
Lower-Income Tenants residing in the Project,
(e) The Borrower will prepare and submit to the City. the Program Administrator the
Trustee and the Bank within 30 days after each anniversary of the Completion Date, a "Certificate
of Continuing Program Compliance" substantially in the form attached as an exhibit to the
Regulatory Agreement executed by the Borrower stating (I) the percentage of the dwelling units in
the Project which were occupied by Lower-Income Tenants (or held vacant and available for
occupancy by Lower-Income Tenants as provided in paragraph B above) during such period.
(ii) that to the knowledge of the Borrower, no default has occurred under the Regulatory
Agreement and (iii) that all fees due to the City and the Administrator under the Loan Agreement
have been paid,
(f) The Borrower will accept as tenants. on the same basis as all other prospective tenants.
Lower-Income Tenants who are recipients of federal certificates for rent subsidies pursuant to the
existing program under Section 8 of the United States Housing Act of 1937 or its successor, and
shall not apply selection criteria to Section 8 certificate holders that are more burdensome than the
criteria applied to all other prospective tenants
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(g) The requirements described under the heading "Lower Income Tenants" shall apply for
. the Qualified Project Period,
Recordation
The Borrower will warrant. represent and agree in the Regulatory Agreement that it will cause the
Regulatory Agreement to be recorded in the real property records of the County of San Diego and in such
other places as the City or the Trustee may reasonably request,
Sale or Transfer ofthe Project
. The Borrower will covenant and agree not to sell. transfer or othelWise dispose of the Project or
any portion thereof (other than for individual tenant use as contemplated under the Regulatory Agreement).
wIthout obtaining the pnor written consent of the City. the Bank and the Trustee. which consent shall be
conditioned solely upon receipt by the City and the Trustee of (i) reasonable evidence satisfactory to the
City and the Trustee that the Borrower's purchaser or transferee has assumed in writing and in full. and is
reasonably capable of perfonning and complying with. the Borrower's duties and obligations under the
Regulatory Agreement. (ii) an opinion of counsel of the transferee that the transferee has duly assumed the
obligations of the Borrower under the Regulatory Agreement and that such obligations and the Regulatory
Agreement are legal, valid and binding obligations of the transferee. and (iii) an opinion of Bond Counsel to
the effect that such sale. transfer or other disposition of the Project will not adversely affect the exemption
crom federal and Califoniia income taxation of interest on the Bonds. and (iv) written evidence of consent
to the transfer on the part of the Bank, Any sale, transfer or other disposition of the Project in violation of
thIs section shall be null. void and without effect. shall cause a reversion of title to the Borrower. and shall
be ineffective to relieve the Borrower of its obligations under the Regulatory Agreement.
Enforcement
If the Borrower defaults in the perfonnance or observance of any covenant. agreement or
obligation of the Borrower set forth in the Regulatory Agreement and such default remains uncured for a
penod of 30 days after notice thereof is given by the City. the Bank. or the Trustee to the Borrower then the
Trustee. subject to the provisions of the Regulatory Agreement and acting on its own behalf or on behalf of
the City. or the City, subject to the provisions of the Intercreditor Agreement, may take anyone or more of
the following steps:
(I) By mandamus or other suit. action or proceeding at law or in equity. require the
Borrower to perfonn its obligations under the Regulatory Agreement, or enjoin any acts or tlungs
which may be unlawful or in violation of the rights of the City or the Trustee thereunder:
(2) Have access to. and inspect. examine and make copies of. all of the books and records
of the Borrower pertaining to the Project: or
(3) Take such action at law or in equity as may appear necessary or desirable to enforce
the obligations. covenants and agreements of the Borrower under the Regulatory Agreement.
Notwithstanding anything to the contrary set forth in the Loan Agreement or the Regulatory
Agreement. the City and the Trustee acknowledge that the Credit Bank is the beneficiary of the Borrower
Mortgage and have agreed. solely. for the benefit of the Credit Bank. to notify the Credit Bank of any event
of default under the Regulatory Agreement caused by the Borrower at the same time notice IS gIven to the
~/t? -ff"
Borrower pursuant to the Regulatory Agreement, and to forbear fÌ'om exercising the right to accelerate the
outstanding principal balance of the Bonds or the right to send notice of redemption to the holders of the
Bonds pursuant to the relevant provisions of the Indenture provided that (i) the Credit Bank has diligently
commenced and will prosecute to completion foreclosure of the Project Mortgage, (ii) the Credit Bank WIll
make diligent efforts to cure such event of default immediately upon acquiring title to or management
powers with respect to the Project. (iii) the Credit Bank remits to the City any fees owed to the City by the
Borrower under the Indenture or the Loan Agreement to the Administrator any fees owed to the
Administrator by the Borrower and to the Trustee any fees accrued to the Trustee under the Indenture or
the Loan Agreement, (iv) the Credit Bank provides as a condition of sale that any new owner of the Project
wIll assume the obligations of the Owner under the Regulatory Agreement. (v) the Credit Bank has not
wrongfully dishonored a draw under the Letter of Credit and (vi) the Credit Bank provides to the City and
the Trustee an opinion of Bond Counsel to the effect that such forbearance will not have a materially
adverse effect on the exclusion fÌ'om gross income for federal income tax purposes of interest on the Bonds,
For so long as the Bonds are outstanding, the rights of the City in the Regulatory Agreement will
be assigned as security to the Trustee and shall be enforceable by the Trustee in accordance with its tenns
and the tenns of the Indenture,
Term
The Regulatory Agreement will remain in effect for a tenn and period equal to the Qualified
Project Period. it bemg expressly agreed and understood that the provisions thereof are intended to survive
the retirement of the Bonds and expiration of the Indenture, the Loan Agreement and the Borrower Note,
The tenns of the Regulatory Agreement to the contrary notwithstanding. the Regulatory Agreement shall
tenninate and be of no further force and effect in the event of (I) involuntary noncompliance with the
provisions of the Regulatory Agreement caused by a foreclosure or delivery of a deed in lieu of foreclosure
whereby the Trustee or a third party takes possession of the Project or involuntary non-compliance with the
provisions of the Regulatory Agreement caused by fire. seizure, requisition, change in federal law or an
action of a federal City after the date of the Regulatory Agreement »,hich prevents the City and the Trustee
from enforcing the requirements of the Regulatory Agreement condemnation or a similar event; and (2) the
payment in full and retirement of the Bonds within a reasonable period thereafter; provided, however. that
the preceding provisions of this sentence shall cease to apply and the restrictions contained in the
Regulatory Agreement shall be reinstated if. at any time subsequent to the tennination of such provisions as
a result of a foreclosure or the delivery of a deed in lieu of foreclosure or similar event the Borrower or any
related person (within the meaning of Section I03(b) of the Code) obtains an ownership interest in the
Project for federal income tax purposes,
Indemnification
The Borrower has indemnified. and agreed to defend and hold harmless. the City, the Trustee and
the Administrator fÌ'om and against all liabilities. losses. damages. costs. expenses (including attorney's fees
and expenses). causes of action. suits. allegatIons. claims. demands and judgments of any nature arising
from the consequences of a legal or administrative proceeding or action brought against any of them on
account of any failure by the Borrower to comply with the tenns of the Regulatory Agreement. or on
account of any representation or warranty of the Borrower contained in the Regulatory Agreement being
untrue.
~/¿J /f¡
._.__._-_."'-._,.---_."_.---_.~~-~--~_._---_.._---_.. ^..-....-._-_.._._-,--,---_._._...__..----~._-_._.
Burden and Benefit
The City and the Borrower have declared their understanding and intent that the burden of the
covenants set forth in the Regulatory Agreement touch and concern the Project Site m that the Borrower's
legal interest in the Project is rendered less valuable thereby
The City and the Borrower have declared their understanding and intent that the covenants.
reservations and restrictions set forth in the Regulatory Agreement directly benefit the land (i) by enhancing
and mcreasmg the enjoyment and use of the Project by certain Lower-Income Tenants. (ii) by making
possible the obtaming of advantageous refinancing for the Project and (iii) by furthenng the publIc
purposes for which the Bonds were issued,
ENFORCEABILITY OF REMEDIES
The remedies available to the Trustee and the owners of the Bonds upon an event of default under
the Letter of Credit the Indenture. the Regulatory Agreement or the Loan Agreement are in many respects
dependent upon regulatory and judicial actions which are often subject to discretion and delay, Under
existing law and judicial decisions. the remedies provided for under such documents may not be readily
available or may be limIted. The various legal opinions to be delivered concurrently with the delivery of the
Bonds and such documents will be qualIfied as to enforceability of the various legal instruments by
linutations imposed by bankruptcy. reorganIzatIOn. insolvency or other similar laws affecting the rights of
creditors generally and by equitable remedies and proceedings generally,
ABSENCE OF LlTIGA nON
There is no action. suit or proceeding known to be pending or threatened. restraining or enjoining
the remarketing of the Bonds or the execution or delivery of the Letter of Credit or in any way contesting or
affecting the validity of the Bonds. the Letter of Credit. the Loan Agreement the Letter of Credit
Agreement or the Regulatory Agreement,
TAX MATTERS
In the opinion of Jones Hall Hill & White. A Professional Law Corporation. San Francisco.
California. Bond Counsel. under existing law. the interest on the Bonds is excluded from gross income for
federal income tax purposes until the first Reset Date or the Conversion Date. except during any period
while a Bond is held by a "substantial user" of the facilities financed by the Bonds or a "related person"
within the meaning of Section 103(b)(l3) of the Internal Revenue Code of 1954. as amended (the" 1954
Code"). It should be noted. however. that in the opinion of Bond Counsel. such interest is not an item of
tax preference for purposes of the federal alternative minimum tax imposed on individuals and
corporations, Bond Counsel has expressed no opinion with respect to the continuation of the exclusion of
mterest on the Bonds from gross income following the first Reset Date or Conversion Date,
The opimon set forth in the first sentence of the preceding paragraph is subject to the condition that
the Issuer and the Borrower comply with all requirements of the 1954 Code and the Code that must be
satisfied subsequent to the issuance of the Bonds in order that Interest thereon be. or continue to be.
excluded from gross income for federal income tax pu rposes The Issuer and the Borrower has covenanted
Y/ t' / ¡J" tJ
.
to comply with each such requirement. Failure to comply with certain of such requirements may cause the
inclusion of interest on the Bonds in gross income for federal income tax purposes to be retroactive to the
date of issuance of the Bonds.
Owners of the Bonds should also be aware that the ownership or disposition of. or the accrual or
receipt of interest on. the Bonds may have federal or state tax consequences other than as described above,
Bond Counsel expresses no opinion regarding any federal or state tax consequences arising with respect to
the Bonds other than as expressly described above,
In the further opinion of Bond Counsel. interest on the Bonds is exempt from California personal
income taxes.
Artached hereto as Appendix A is the fonn of final opinion of Bond Counsel delivered on the date
of original issuance and delivery of the Bonds. and attached hereto as Appendix B is the proposed fonn of
supplemental opinion of Bond Counsel to be delivered in connection with the remarketing of the Bonds,
REMARKETING
PaineWebber Incorporated. as Remarketing Agent. has agreed. subject to certain conditions. to
remarket the Bonds on the Remarketing Date set forth on the cover page hereof at a price equal to 100% of
the principal amount thereof. Upon the remarketing of the Bonds. the Borrower will pay the Remarketing
Agent a fee equal to ,5% of the principal amount of the Bonds, The Borrower has agreed to indemnifY the
Remarketing Agent and the Trustee and each of its directors. officers and employees and each person who
controls the Remarketing Agent or the Trustee within the meaning of the Securities Act of 1933. as
amended. against certain and all losses. claims. damages or liabilities. joint or several. to which any such
indemnified party may become subject under any statute or at law or in equity or otherwise. and shall
reimburse any such indemnified party for any legal or other expenses incurred by it in connection with
investigatmg any claims against it and defending any actions. insofar as such losses. claims. damages.
liabilities or actions arise out of or are based upon any untrue statement or alleged untrue statement of a
material fact contained in any disclosure documents furnished to the Remarketing Agent by the Borrower
or the omission to state therein a material fact necessary to make the statements therein not misleading:
provided. however. that the Borrower will not be liable under certain circumstances specified in the
Remarketing Agreement,
RATING
The Bonds have been rated "A+/A-l" by Standard & Poor's Ratings Group, The rating issued by
Standard & Poor's Ratings Group reflects only the view of such organization. and neither the Remarketing
Agent. the Credit Bank. the Trustee nor the Borrower make any representation as to the appropriateness of
such rating, An explanation of the significance of such rating may be obtained only from such
organIzation, Generally. a ratmg agency bases its ratmg on mfonnation provided to it by the issuer of the
obligations 10 question and on investigation. studies and assumptions made by the rating agency, There is
no assurance that the ratmg given the Bonds WIll contmue for any given period of time or that the rating
will not be revised dO"'l1ward or withdra"'l1 enmely If. in the judgment of Standard & Poor's Corporation.
cIrcumstances so warrant. A dO\\11ward revision or withdrawal of the rating may have an adverse effect on
the market price of the Bonds,
Ý /~,;'V /
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_______'_M'__.'.._M.··_·~___·_~__·__~·_____u.._.... .,. __._...__.._._,~.. _".__', __ _.____".___~____.____
CERTAIN LEGAL MATTERS
Legal matters incident to the remarketing of the Bonds are subject to the approving opinion of
Jones Hall Hill & White. A Professional Law Corporation. San Francisco, California, Bond Counsel.
Certain legal matters will be passed on for the Borrower by Farella. Braun & Martel. San Francisco.
California. and for the Credit Bank by Pillsbury Madison & Sutro, Los Angeles, California. Certain legal
matters will be passed upon for the Remarketing Agent by Nossaman. Outhner. Knox & Elliott. San
FrancIsco. California,
MISCELLANEOUS
Any statements in this Remarketing Statement involving matters of opinion, whether or not
expressly so stated. are intended as such and not as representations of fact. This Remarketing Statement is
not to be construed as a contract or agreement between the City. the Remarketing Agent or the Credit Bank
and the purchasers or owners of any of the Bonds,
;%Í ¿J /1-;;'"
APPENDIX A
Final Opinion of Bond Counsel Delivered on the Date oflssuance ofthe Bonds
February 19,1992
City of Chula Vista
276 Fourth Avenue
Chula Vista. California 91910
OPINION: City of Chula Vista Variable Rate Multifamily Housing Refunding Revenue Bonds
(Terra Nova Associates Proiect) 1992 Issue A
Members of the City Council:
We have acted as bond counsel in connection with the issuance by the City of Chula Vista (the
"City") of its City of Chula Vista Variable Rate Multifamily Housing Refunding Revenue Bonds (Terra
Nova Associates Project). 1992 Issue A (the "Bonds"). pursuant to Article II (commencing with Section
53580) of Chapter 3 of Part I of Division 2 of Title 5 of the Government Code of the State of California
(the "Act"). and an indenture of trust, dated as of Februarv I, 1992 (the "Indenture"), bv and between the
. .
City and First Interstate Bank of California. as trustee. approved by the City by a resolution adopted
February II. 1992. We have examined the law and such certified proceedings and other papers as we
deem necessary to render this opinion,
As to questions of fact material to our opinion, we have relied upon representations of the City
contained in the Indenture and in the certified proceedings and other certifications of public officials and of
Terra Nova Associates. a general partnership (the "Borrower"), furnished to us, without undertaking to
verify such facts by independent investigation.
Based upon the foregoing, we are of the opinion, under existing law, that:
I. The City is a duly created and validly existing municipal corporation and charter city. duly
organized and validly existing under the laws of the State of California with the power to enter into the
Indenture. perfonn the agreements on its part contained therein and issue the Bonds,
2, The Indenture has been duly approved by the City and constitutes a valid and binding obligation
of the City enforceable upon the City,
3 The Indenture creates a valid lien on the funds pledged by the Indenture for the security of the
Bonds. subject to no prior lien granted under the Act.
Ý/¿7-tJ
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4, The Bonds have been duly authorized, executed and delivered by the City and are valid and
binding lirnited obligations of the City. payable solely from the sources provided therefor in the Indenture.
5. The interest on the Bonds is excluded from gross mcome for federal income tax purposes until
any Reset Date or the Conversion Date (as said tenus are defined in the Indenture). except during any
period wherem a Bond is held by a "substantial user" of the facilities financed by the Bonds or a "related
person" within the meaning of Section I03(b)(13) of the Internal Revenue Code of 1954. as amended (the
"Code"). and is not an item of ta:x preference for purposes of the federal alternative minimum tax imposed
on individuals and corporations: it should be noted. however. that. for the purpose of computing the
alternative minimum tax imposed on corporations (as defined for federal income tax purposes). such
interest is taken into account in detenuining certain income and earnings, The opinions set forth m the
preceding sentence are subject to the condition that the City and the Borrower comply with all requirements
of the Code and the Internal Revenue Code of 1986 that must be satisfied subsequent to the Issuance of the
Bonds m order that interest thereon be, or continue to be. excluded from gross income for federal income
tax purposes, The City and the Borrower have covenanted to comply WIth each such requirement, Failure
to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross
income for federal income tax purposes to be retroactive to the date of issuance of the Bonds, We express
no opinion regarding other federal tax consequences ansmg with respect to the Bonds,
6, The interest on the Bonds is exempt from personal income taxation imposed by the State of
California,
The rights of the owners of the Bonds and the enforceability of the Bonds and the Indenture may be
subject to bankruptcy. insolvency. reorganization. moratorium and other similar laws affecting creditors'
rights heretofore or hereafter enacted and may also be subject to the exercise of judicial discretion in
appropriate cases.
Respectfully submitted.
A Professional Law Corporation
r;~ -¡;,1
APPENDIX B
SUPPLEMENTAL OPINION OF BOND COUNSEL
February ,1995
City of Chula Vista
276 4th Avenue
Chula Vista, California 91910
First Interstate Bank of California
707 Wilshire Boulevard, WH-1
Los Angeles, California 90017
The Industrial Bank of Japan, Ltd.
350 South Grand Avenue, Suite 1500
Los Angeles, California 90071
SUPPLEMENTAL OPINION: $9,490,000 City of Chula Vista Variable Rate
Multifamily Housing Refunding Revenue Bonds
(Terra Nova Associates Project), 1992 Series A
Ladies and Gentlemen:
We have acted as bond counsel to the City of Chula Vista, California (the "Issuer") in
connection with the original issuance and delivery of $9,490,000 City of Chula Vista Variable
Rate Multifamily Housing Refunding Revenue Bonds (Terra Nova Associates Project), 1992
Series A (the "Bonds"), pursuant to the provisions of an Indenture of Trust (the "Indenture"),
dated as of February 1, 1992, bl and between the Issuer and First Interstate Bank of California,
as trustee (the "Trustee"). T e proceeds of the Bonds were loaned by the Issuer to BRE
Properties, Inc. (the "Borrower"), as successor to Terra Nova Associates, to refinance the
acquisition and construction of a multifamily residential housing development located in the
City of Chula Vista, California (the "Project"), pursuant to the provisions of a Loan Agreement
(the "Loan Agreement"), dated as of February 1, 1992, by and between the Issuer, the Trustee
and the Owner. Pursuant to Section 2.02(b) of the Indenture, on March 1, 1995 (the "Reset
Date") The Industrial Bank of Japan, Limited, acting through its Los Angeles Agency, will
amend the letter of credit now securing the Bonds to extend the termination date thereof and in
such other regards as is required by the Indenture, the interest rate on Bonds will be established
at a Variable Rate (as defined in the Indenture) and the Bonds will be remarketed in the
aggregate principal amount of $9,240,000 by PaineWebber Incorporated, as remarketing agent.
~ /O~~~
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City of Chula Vista
First Interstate Bank of California
February ,1995
Page Two
In that connection we have examined and relied upon drafts, originals or copies,
certified or otherwise identified to our satisfaction, of such documents as we deem necessary to
render this opinion.
Based upon the foregoing, we are of the opinion, under existing law, that the
establishment of a Variable Rate on the Bonds on the Reset Date is permitted by the Indenture
and the Act (as defined in the Indenture) and will not adversely affect the exclusion from gross
income for federal income tax purposes of interest on the Bonds.
We express no opinion hereby as to any matter governed by laws other than the laws of
the State of California and the laws of the United States of America. This opinion is being
rendered to you solely for your benefit in connection with the establishment of a Variable Rate
on the Bonds and the remarketing of the Bonds on March 1, 1995 pursuant to the Indenture and
is not to be relied on, use, circulated, quoted or otherwise referred to by anyone else for any
other purpose.
Respectfully submitted,
A Professional Law Corporation
r Jo--tf
COUNCIL AGENDA STATEMENT
Item 1/
Meeting Date 2/28/95
ITEM TITLE: Resolution J 7 ð" .;.3 Approving the submittal of three applications
for the FY 1995-96 2% Non-Motorized Transportation Development Act
(TDA) and Transportation Sales Tax (TransNet) Funds
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager ~51, (4/5ths Vote: Yes_No..XJ
The City of Chu1a Vista annually submits an updated list of proj ects for inclusion in the 7 -year
implementation program of the non-motorized element of the Regional Transportation
Improvement Program, SANDAG regulations require that official applications be submitted
to SANDAG in order for projects to be considered by its Board of Directors for funding, In
order for the application to be official, Council must approve a resolution authorizing submittal
of the FY 1995-96 Bicycle Project applications for available Transportation Development Act
(TDA) and Transportation Sales Tax (TransNet) Funds.
RECOMMENDATION: That Council approve a resolution authorizing the submittal of three
applications for the FY 1995-96 2% Non-Motorized Transportation Development Act (TDA)
Fund and Transportation Sales Tax (TransNet) Funds.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Annually, the 2% Non-Motorized Transportation Development Act (TDA) Funds are made
available for the regional planning and construction of bicycle and pedestrian facilities. TDA
funds currently contribute about $1.5 million per year to the implementation of non-motorized
proj ects in the San Diego region. Also, with the passage of Proposition A in 1987, an
additional $1 million of TransNet revenues per year is available for the implementation of said
projects, The following is a listing of the project applications that we propose to submit to
SANDAG for FY 1995-96 funding. Items two and three are proposed to be included in the
five year Capital Improvement Program:
1. Development and printing of 10,000 Chu1a Vista bikeway maps.
This project, with an estimated cost of $8,000, will identify all bikeways and high
activity areas within Chu1a Vista and allow bicyclists to determine the best routes for
their convenient travel. Regional bike routes passing through the City, schools, civic
buildings, trolley stations and recreational areas will also be shown on this single map.
1/-1
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Page 2, Item 1/
Meeting Date 2/28/95
2. Installation of sidewalk improvements along the north side of Orange Avenue, between
Fifth and Fourth Avenues.
A substantial amount of pedestrian traffic will be attracted to the vicinity of the
proposed project by the new City library at the southeast corner of Orange and Fourth
Avenues. In combination with recently completed sidewalks along Fifth Avenue, this
project (with an estimated cost of $105,000) will provide a safe walking route for
students and other pedestrians between the multi-family areas in the vicinity and the
library,
3. Installation of sidewalk improvements along the north side of Oxford Street, between
Fifth and Fourth Avenues.
This $252,000 project will add 1/4 mile of sidewalk along Oxford Street between Third
Avenue and Broadway. Pedestrians must presently walk in the roadway through
portions of this 1/4 mile stretch of street, and in rainy circumstances must go through
or around ponded water. This sidewalk will provide a safe all-weather walkway for
those pedestrians.
Projects submitted to SANDAG must meet at least the following criteria:
1. Projects must be included in an adopted regional plan.
2. If bikeway projects, they must follow the Ca1Trans bikeway standards.
3, Each project submitted must contain appropriate cross sections.
Projects are also subject to prioritization criteria such as elimination of safety problem areas,
service to high use activity centers, connection to and continuity of longer routes,
The FY 1995-96 applications totaling an estimated $365,000 will be reviewed and prioritized
by the Bicycle Facilities Committee which is composed of representatives from each SANDAG
member agency. Based on the Committee's recommendations, the SANDAG Board of
Directors will authorize allocation of the available TDA and TransNet funds,
A copy of the applications is located in the City Clerk's Office for Council review.
FISCAL IMPACT: Potential total revenues to the City of $365,000 ($8,000 for the bikeway
maps, $105,000 for the Orange Avenue project and $252,000 for the Oxford Street project).
The actual amount is dependent on which projects are approved for funding by the SANDAG
Board of Directors.
SMN:KY-036
m:\horne\engineer\agenda\tdaclaim.96
//..;-
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RESOLUTION NO. 178",).3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SUBMITTAL OF THREE APPLICATIONS
FOR THE FY 1995-96 2% NON-MOTORIZED TRANSPORTATION
DEVELOPMENT ACT (TDA) AND TRANSPORTATION SALES TAX
(TRANSNET) FUNDS
WHEREAS, annually, the City of Chula Vista submits an
updated list of projects for inclusion in the 7-year implementation
program of the non-motorized element of the Regional Transportation
Improvement Program; and
WHEREAS,SANDAG regulations require that a set of claims
be submitted to SANDAG in order for projects to be considered by
its Board of Directors for funding; and
WHEREAS, in order that claims for the projects may be
considered for funding by the SANDAG Board of Directors, Council
must pass a resolution authorizing submittal of the FY 1995-96
Bicycle Project applications for available Transportation
Development Act and Transportation Sales Tax (TransNet) Funds; and
WHEREAS, the following is a listing of the project
applications to be submitted:
Development and printing of 10,000 Chula
Vista bikeway maps
Installation of sidewalk improvements along
the north side of Orange Avenue between
Fifth and Fourth Avenues
Installation of sidewalk improvements along
the north side of Oxford Street between
Fifth and Fourth Avenues
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula Vista does hereby approve the submittal of three
applications for the FY 1995-96 2% Non-motorized Transportation
Development Act (TDA) Fund and Transportation Sal Tax (TransNet)
funds.
Presented by
John P. Lippitt, Director of
Public Works
c: \l"s\2%NONMOT
/1'3 Iii ~ +
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Bikeway Ma9
February 1 95
KY-036
ANNUAL TDA CLAIM FORM
FY95-96
. A. CLAIMANT: City of Chula Vista
B. TYPE OF CLAIM: (check one)
(X) Article 3 - Bicycle and Pedestrian Facilities (99234)
( ) Article 4 . Support of Public Transportation Systems (99260)
( ) Article 4.5 . Community Ttansit Services (99275)
( ) Article 8 . Multimodal Transportaûon Tenninals (99400.5)
( ) Article 8 - Express Bus Services/Vanpool Services (99400.6)
( ) Article 8 - Loca1 Street and Road Projects (99400)
C. AMOUNT OF CLAIM:
Operations
Capital
Capital Reserve
P1anning
Other (specify) * $8,000 *Develop and print
TOTAL: $8,000
D. CONDmON OF APPROV AL:
It is understood by this Claimant that payment of the claim is subject to approval by
SANDAG and to such monies being on hand and available for distribution, and to
:b provision that such monies and the interest "Mlled on such monies subsequent to
ocation will be used only for those purposes for which the claim is approved and
in accordance with the tenns of the allocaûon instnJcûons.
E. AUIHORlZED'R¡:'P'RJ:tC:ENTATIVEI F. PAYMENT REcIPIENT
C0:;1r:.I . ,v\. Ñ~ Citv of Chula Vista
(Signature) (Claimant)
Mr. Samir M. Nuhailv 276 Fourth Avenue.
(Print or type name) (Mailing address)
Civil Endneer Chula Vista, CA 91910
(Title) (City and zip C!)de)
276 Fourth Avenue AnN: Röbert Powell
(Address) (Name)
Chula Vista, CA 91910 Director of Finance
Z,,;!,cÞ;4J (Title)
(619) 691-5173
(phone) (Date Signed)
___c_____________________________________
SANDAG USE ONLY:
1. Claim Dumber
2. Date approved
3. Resolution No.
4. Amount Approved for Payment
S. Amount Approved for Reserve
If Required:
7. Date Approved by M1DB
8. M1DB Resolution Number
) /...s
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IDA APPUCATION FORM
. BICYCLE AND PEDESTRIAN FAClLITlES
Claimant: City of Chula Vista
Amount of Claim: $8,000
Length and Type of Project:
Bike Path
Bike Lane
Shared Route
Related Facilities
Other Bike Map
Project description: To develop and print 10,000 maps showing all bikeways
within the Chula Vista Area.
Note: Please attach location man. proiect limits. and aoonwriate cross sections.
1. Project Eligibility (Check and fully explain in comments) Yes No
A. Is the project included in an adopted regional, county, - -
city or community plan? See comments
B. If the project abuts other jurisdictions, is it shown on - -
adopted plans of adjacent jurisdictions? N/A
C. Does the project follow Caltrans Bike Route N/A - -
Standards from the Caltrans Highway Design
Manual, Section 7-1000; Bikeway Planning and ,
Design Standards?
D. Identify other sources of funding for the cooperative N / A
projects:
D. Status of Project (check and fully explain in comments) See comments
A. Preliminary engineering completed x
-
B. Resolution passed by governing agency x
- -
C. On adopted Capital Improvement Program - ..L
D. Maintenance"' and liability See comments L -
E. Estimated date of completion December 1995
"'Comment on how proposed facility will be maintained.
II-Ie>
__._..___..___________..._....____...___._._______.__n____._,___._, __ ___________,._____.______..
, m. Evaluation Criteria (Check and fully explain in comments) Yes No
A. Does the project eliminate problem areas on routes See comments
which would provide relatively safe travel use?
1. Intersections, driveways N/A - -
2. Bridges N/A - -
3. Narrow road segments N/A - -
4. Removal of parking N/A - -
5. High traffic volume and speed N / A - -
6. Other Identifies existing bicycle facilities - -
B. Does the project provide service to high activity See comments
centers?
7. Employment lL -
8. Commercial x
- -
9. Educational JL -
10. Public transpOrtation intenace x
-
11. Government or social service centers x
-
12. Cultural or recreational x
- -
13. Other High activity centers to be shown on map. JL -
C. Does the project provide connection to and continuity See comments
of longer routes?
14. Interregional - -
15. Regional ..Ã.. -
16. Intetjurisdictional x
-
17. Local x
, -
18. Community x
- -
D. Special Circumstances:
E. Comments: Please see attachment
for comments.
11-1
----_._-------------_.._~----,.- . -,._-------_.._._._.,--_._---_._.._--------~--_._._--
· February 9, 1995
File No. KY-036
IDA APPLICATION FORM
BICYCLE AND PEDESTRIAN FACILITIES
I. Comments on Proiects Elil!ibilitv
This project will provide cyclists with a map showing all bikeways and activity centers in the
Chu1a Vista area.
II. All bikeways within the City of Chu1a Vista are regularly maintained by City staff.
III. The map will identify all bikeways and activity centers in the Chula Vista area allowing
cyclists to determine the best route for them to reach their desired destination. This has not
been available previously.
IV. All high activity centers within Chula Vista will be shown. This will include schools,
libraries, trolley stations, civic and public buildings and recreational areas.
The map will also show connections to all regional routes passing through Chula Vista.
Ml:dh
M:\... \ADVPLAN\mA93\MAP.195
\\..ß
---~_.._--"--".__._.~-----_._-_._. '-~-'-"'-"'--'---'--'._.._- - --_._-------~_._-
Date: January 1995
ESTIMATE OF BICYCLE ROUTE IMPROVEMENT COSTS
Project Name: Chula Vista Bikeway Map Length: Miles
1. Earthwork a. Roadway Excavation C.V.X' - .
b. Embankment C.V.X' - .
· N/A
2, Drainage - Major Work
Describe:
· N/A
3. Signing, Striping, Pavement Markings
Blgn. (8/m'le) - .',OOO/MUe J-.
Stripe - ., .5001Mi1e $3,000 /Mile X Miles - . N/A
MorkJng. 320 S.F./Mile - 1500/Milo
4. Paving a. Agg. Base C.V. X $ /C.V. - .
I calc: length" width" depth + 27 - C.V. I
b. Paving Tons X . ITon - .
calc: length" width" depth + 27 X 2 - Tons
PAVING TOTAL · N/A
5. Other items: Map Development $ 3,000
Printing a folding $ 3,500
6. Fencing or Sidewalk L.F. X $ IL.F. - $ N/A
7. Storage a. Racks ea. X $ -
b. Lockers ea. X' -
8. Subtotal
Contingencies Subtotal 6,500 ° X 25% - . 1,625
Engineering Subtotal 0 X 15% - .
9. RIGHT OF WAV ·
10. PROJECT TOTAL · 8.125
I 1. PREVIOUS TDA OR TRANSNET FUNDS RECEIVED ..
12 CLAIM AMOUNT · 8,000
2/t7/94
\ \..~
_______.__~__..._.~._.__________.______.___ ____.._ . _. ____" .._m_ _.~.__.._-----,~-
-
CITY OF CHULA VISTA
ENGINEERING DIVISION
COST ESTIMATE
PROJECT TITLE: Development and Printing of
Bikeway Map for the FILE NO. : KY -036
Chula Vista Area DATE: 2/6/94
PREPARED BY : MJI
CHECKED BY : SMN
NO. ITEM QUANTITY UNIT UNIT PRICE AMOUNT
ITEMS ELIGIBLE FOR TDA FUNDS
1 Development of Map LS LS $3,000.00 $3,000
2 Printing and Folding LS LS $3,500.00 $3,500
SUBTOTAL $6,500
CONTINGENCIES SUBTOTAL (25%) $1,625
ENGINEERING SUBTOTAL (0%) $0
TOTAL $8,125
TOTAL 95-96 TDA REQUEST 58,000
(F:I..AdvPlanITDA\MAP9S.wqw)
\\_10
^~~--"..._._---,_'_-----_'~'_'_._' ..------.- .~_._.----~..._--,~------- -- -------,.._----,_._._--~----~~~._---
Orange Avenue
Februarl' 1995
KY-03
ANNUAL IDA CLAIM FORM
FY95-96
, A. CLAIMANT: City of Chula Vista
B. TYPE OF CLAIM: (check one)
(X) Article 3 - Bicycle and Pedestrian Facilities (99234)
( ) Article 4 - Support of Public Transportation Systems (99260)
( ) Article 4.5 - Community Tlansit Services (99275)
( ) Article 8 - Multimodal Tlansportation Tenninals (99400.5)
( ) Article 8 . Express Bus SemcesNanpool Semces (99400.6)
( ) Article 8 - Local Street and Road Projects (99400)
C. AMOUNT OF CLAIM:
Operations
Capital $93,000
Capital Reserve
Planning
Other (specify) $12,000 Engineering
TOTAL: $105,000
D. CONDmON OF APPROVAL:
It is understood by this Claimant that payment of the claim is subject to approval by
SANDAG and to such monies being on hand and available for distribution, and to
~ provision that such monies and the interest earned on such monies subsequent to
ocation will be used only for those PUIpOses for which the claim is approved and
in accordance with the tenns of the allocation instnlctions.
E. AUTHORIZED REP'R'I::~ENTATIVEJ F. PAYMENT RECIPIENT
CONTACT N~
<). M City of Chula Vista
/(Signature) (Claimant)
Mr. Samir M. Nuhailv 276 Fourth Avenue.
(Print or type name) (Mailing address)
Civil En¡¡ineer Chula Vista, CA 91910
(Title) (City and zip C9(1e)
276 Fourth Avenue AnN: Robert Powe 11
(Address) (Name)
Chula Vista. CA 91910 Director of Finance
iœoÁ~ (Title)
(619) 691-5173
(phone) Signed)
----------------------------------------~
SANDAG USE ONLY:
1. Claim number
2. Date approved
3. Resolution No.
4. Amount Approved for Payment
5. Amount Approved for Reserve
If Req 1ired:
7. Date Approved by MTDB
8. MTDB Resolution Number
\ \- \\
- --...-..-----".---"".-".--.---,- -"-' -------~_..,---_.._-_._---------_._. . --_..-_..__._-._._-~-~._-~,---_.__.._-_. ,.-
IDA APPUCATION FORM
. BICYCLE AND PEDESTRIAN FAClllTIES
Claimant: City of Chula Vista
Amount of Claim: $105,000
Length and Type of Project:
Bike Path
Bike Lane
Shared Route
Related Facilities
Other 1,300' Pedestrian path
Project description:
Install 1,300' of sidewalk improvements pavement along the north side of
Orange Avenue between Fifth and Fourth Avenues. Improvements will include
installation of driveway aprons and pedestrian ramps.
Note: Please attach location maD. proiect limits. and awI'OJlriate cross sections.
1. Project Eligibility (Check and fully explain in comments) Yes No
A. Is the project included in an adopted regional, county, x -
city or community plan?
B. If the project abuts other jurisdictions, is it shown on N/A - -
adopted plans of adjacent jurisdictions?
C. Does the project follow Caltrans Bike Route N/A - -
Standards from the Caltrans Highway Design
Manual, Section 7-1000; Bikeway Planning and ,
Design Standards?
D. Identify other sources of funding for the cooperative N/A
projects:
n. Status of Project (check and fully explain in comments)
A. Preliminary engineering completed - 1L
B. Resolution passed by governing agency ...L -
C. On adopted Capital Improvement Program See comments - -
D. Maintenance" and liability See comments - -
E. Estimated date of completion Mav 1996
"Comment on how proposed facility will be maintained.
\ \~ \ do-
---....--.- ---_._---"--" --.---.. u_._ .ww_.______."'u.. ______~._~__.._
, m. Evaluaûon Criteria (Check and fully explain in comments)
Yes No
A. Does the project eliminate problem areas on routes
wIúch would provide relatively safe travel use?
1. Intersections, driveways ..JL
-
2. Bridges ..L..
-
3. NaITOW road segments .lL
-
4. Removal of parking .lL
-
5. High traffic volume and speed .L -
6. Other School children walking along Orange Ave. ..JL
-
B. Does the project provide service to Iúgh activity
centers?
7. Employment .lL
-
8. Commercial - ..!...
9. Educational x
-
10. Public transportation interface .lL -
II. Government or social service centers ..L..
-
12. Cultural or recreaûonal x
-
13. Other - -
C. Does the project provide coMection to and continuity
of longer routes?
14. Intenegional - .JL
15. Regional x
-
16. InteIjurisdicûonal x
- -
17. Local .lL -
18. Community .lL -
D. Special Circumstances:
With the construction of a major library at the southeast corner of
Fourth and Orange avenue, additional pedestrians and students will be
walking along Orange Avenue. This segment of sidewalk along with
the recently completed sidewalks along Fifth Avenue ,will provide
pedestrian access from the multi-family residential areas north of
E. Comments: Orange Avenue and west of Fourth Avenue to the library.
,
\ \... 1.3
..- ------ --"------ ---.- - - ._--_._..._-,....._--~._-_..- -.--....---. - - -- --- - -- --,---_..._._..,...,_.._-_._-_.._-------~--_.,.,,-_.. -~-_.._._--------
February 9, 1995
File No. KY- 036
TDA APPLICATION FORK
BICYCLB AND PEDBSTRIAN FACILITIES
I. Comments on Proiect's Eliqibility
This project will install 1300 feet of missing sidewalk along
Orange Avenue. It will assist in connecting the City's new
library with the recently completed improvements along Fifth
Avenue providing pedestrian access for the residents living
north of Orange Avenue and west of Fourth Avenue.
Funding for the curb and gutter and other ineligible items
will be obtained from local sources.
II. Comments on Status of the Proiect
This project will be included in Chula Vista's upcoming CIP
program.
Sidewalks are maintained by Chula Vista's Operations Staff.
III. Comments on Evaluation Criteria
This sidewalk will provide a safe pathway for school children
and other pedestrians living in the vicinity of the new
library as well as the rest of the community north and west of
the library.
MI\dh
(P: \hOlM\advplan\TDAJS. \ORANGB.JU>
\\..I~
----~_._,,_.._._---"._,._-,_._-_.__.._---~~.._----------.-----_.~.._._-~_._----_..,_.._- --.
Date: Janaury 1995
ESTIMATE OF BICYCLE ROUTE IMPROVEMENT COSTS
Project Name: Orange Avenue sidewalk Length: 0.25 Miles
t~th to 4th)
1. Earthwork a. Roadway Excavation 800 C.Y.X. 22 - . 16.400
b. Embankment 1,000 C.Y.X. 10 - . 10.000
· 26.400
2. Drainage - Major Work
Describe:
· N/A
3. Signing, Striping, Pavement Markings
Sign. (e/mlle) - .',OOOMiIo}-.
Stripe . '1,500/Mi1e .3,000 /Mile X Miles - . N/A
Marking. 320 S.F./Mile . ,600/Mi1e
4. Paving a. Agg. Base 100 C.Y.X. 37.00 /C.Y.-. 3,700
calc: length x width x depth + 27 - C.Y.
1..300 2 1 100
b. Paving 70 Tons X . 60 !Ton - . 4.200
calc: length x width x depth + 27 X 2 - Tons
1,300 2 .4 70
c. Overlay 3,000 sf @ $l,40/sf-$4,200PAVINGTOTAL · 12.100
5. Other items: Pedestrian ramps 7 @ $1,000 $ 7,000
Driveway aprons 1,200 sf @ $5.00 $ 6,000
Traffic Control $ 4,000
6. rf.f.cjna e,r Sidewalk 1. 300 L.F. X' 15 /I..F. - · 19,500
7. Storage a. Racks ea. X. - N/A
b. Lockers .a. X. - N/A
8. Subtotal
Contingencies Subtotal 75,0000 X 25'110 - . 18,750
Engineering Subtotal 75 ,0000 X 15'110 - . 11 ,250
9. RIGHT OF WAY · 18,000
10. PROJECT TOTAL · 123,000
11. PREVIOUS TDA OR TflANSNET FUNDS RECEIVED ..
12 CLAIM AMOUNT · 105,000
2/17/94
\\- Ie;
.-..--.-----..,-- -.-~-----'.--"..----..--.--_. --.- --,._-,----~-------,.._~_.
CITY OF CHULA VISTA
ENGINEERING DIVISION
COST ESTIMATE
PROJECT TITLE Installation of Sidewalk Improvements FILENO. : KY-036
Along the North Side of DAlE: 216195
Orange Avenue, from PREPARED BY , MJI
Fifth Avenue to Fourth Avenue CHECKED BY : SMN
NO, I1EM QUANTITY UNIT UNIT PRICE AMOUNT
ITEMS ELIGIBLE FOR TDA FUNDS
1 Removal of Existing AC Benn 1,300 LF $8.00 $10,400
2 Removal of Existing Pavement 3,000 SF 2.00 6,000
3 Grading 1,000 CY 10.00 10,000
4 4" A.C. Pavement (2,600 SF) 70 TON 60.00 4,200
5 8" Base (2,600 SF) 125 TON 30.00 3,750
6 AC Overlay with Fabric 3,000 SF 1.40 4,200
7 Installation of 5" PCC Sidewalk 1,300 LF 15.00 19,500
8 Installation of Pedestrian Ramps 7 EA 1,000.00 7,000
9 Installation of PCC Driveways 1,200 SF 5.00 6,000
10 Traffic Control LS LS 4,000.00 4,000
SUBTOTAL $75,050
SAY $75,000
CONTIGENCIES SUBTOTAL (25%) $18,750
ENGINEERING SUBTOTAL (15%) $11,250
TOTAL 95-96 TDA REQUEST $105,000
ITEMS INELIGIBLE FOR IDA FUNDS
11 Removal ot' EXisting Curb & Gutter 120 LF 10.00 1,200
12 Installation of Curb & Gutter 1,300 LF 12.00 15,600
13 PCC Crossgutter 1,600 SF 5.00 8,000
14 Relocation of Utilites LS LS 10,000.00 10,000
15 Acquisition of Right of Way (100' x 5') 500 SF 16.00 8,000
16 Acquisition of Right of Way - 2 Parcels 2 EA 5,000.00 10,000
SUBTOTAL 52,800
ENGINEERING AND CONTINGENCIES (40"10) 21,120
SURVEYING AND INSPECTION (10% ofTotal Construction) 12,780
TOTAL 95-96 CITY CONTRIBUTION 86,700
PROJECT TOTAL $191,700
PROJECT TOTAL (SAY)
(F:I..AdvPlanITDA9SIORANGE9S.wqw)
\ \...1 ¡"
_____~__..___,_..__ _..'.m_,_.'_ -.--.~.---.-..-~---.--~--..-.-._._--...-'- . . -,---_.~.._-----_.__. ,,--------,-_.._-------------
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50'/51'
40' 10'/11'
38'-40' I
-, ,5.5' ,;4.5'/5.5'
REMOVE EXISTING AC BERM ~ ....
I
t== 'C:I:: ==' -- ===. .
- ===-7
........... - NEW CURB
NEW PAVEMENT '
VARIES 1'-4' GUTTER AND
, SIDEWALK
PROJECT TITLE
DRAWN BY: M.J.I. CROSS-SECTION
NORTH SIDE ORANGE A VENUE
DATE: 2/7/94 FIFTH AVENUE TO FOURTH AVENUE
CllY OF CHULA VISTA
\ \ ...\K
------"..~.._,._.__..._,--_._._-------.,._--".. --.".,--...-----.---,--------------.--...- - - - - .--- -- -- ---.-.-..------.------.---.---..---
Oxford Street
Februarl' 1995
KY-03
ANNUAL IDA CLAIM FORM
FY95-96
. A. CLAIMANT: City of Chula Vista
B. TYPE OF CLAIM: (check one)
(X) Anicle 3 - Bicycle and Pedestrian Facilities (99234)
( ) Article 4 - Support of Public Transportation Systems (99260)
( ) Article 4.5 - Community TJansit Services (99275)
( ) Article 8 - Multimodal TJansportation Tenninals (99400.5)
( ) Article 8 - Bxpress Bus ServiceslVanpool Services (99400.6)
( ) Article 8 - Local Street and Road Projects (99400)
C. AMOUNT OF CLAIM:
Operations
Capital $225.000
Capital Reserve
Planning
Other (specify) .,. $ 27.000 .,. Engineering
TOTAL: $252.000
D. CONDmON OF APPROVAL:
It is understood by this Claimant that payment of the claim is subject to approval by
SANDAG and to such monies being on hand and available for distribution, and to
~ provision that such monies and the interest earned on such monies subsequent to
ocation will be used only for those PUIpOses for which the claim is approved and
in accordance with the tenDs of the allocation instn1ctions.
E. AUTHORIZED V'R'þV'P.Ii::ENTATIVEI F. PAYMENT REcU'IHrIT
. ~~T_ M. N~ Citv of Chula Vista
(Signature) (Claimant)
Mr. Samir M. Nuhailv 276 Fourth Avenue.
(Print or type name) (Mailing address)
Civil Endneer Chula Vista, CA 91910
(Title) (City and zip C9de)
276 Fourth Avenue A1TN: Röbert Powell
(Address) (Name)
Chula Vista, CA 91910 Director of Finance
-z.-A 0 AJ (Title)
(619) 691-5173
,
(phone) (Date Signed)
________________________________=_______c
SANDAG USE ONLY:
1. Claim number
2. Date approved
3. Resolution No.
4. Amount Approved f(lr Payment
5. Amount Approved for Reserve
If Req¡lired:
7. Date Approved by MTDB
8. MTDB Resolution Number
l \... \ l
--- ---... _._-----~-~_._-"_.- ......_.__.~_...._--~----_..._-------_..._.__._-~,---~--~ .---'-.
TDA APPUCATION FORM
. BICYCLE AND PEDESTRIAN FACILITIES
Claimant: City of Chula Vista
Amount of Claim: $252,000
','
Length and Type of Project:
Bike Path
Bike Lane
Shared Route
Related Facilities
Other 800' Pedestrian path
Project description:
Install 800' of sidewalk improvements and associated pavement along the north
side of Oxford Street between Fifth and Fourth Avenues. Improvements will
include installation of driveway aprons and pedestrian ramps.
Note: Please attach location m~. proiect limits. and apnro,priate cross sections.
I. Project Eligibility (Check and fully explain in comments) Yes No
A. Is the project included in an adopted regional, county, x
-
city or community plan'?
B. If the project abuts other jurisdictions, is it shown on N/A - -
adopted plans of adjacent jurisdictions'?
C. Does the project follow Caltrans Bike Route N/A - -
Standards from the Caltrans Highway Design
Manual, Section 7-1000; Bikeway Planning and ,
Design Standards'?
D. Identify other sources of funding for the cooperative None
projects:
n. Status of Project (check and fully explain in comments)
A. Preliminary engineering completed x
-
B. Resolution passed by governing agency .Jl. -
C. On adopted Capital Improvement Program See comments - -
D. Maintenance" and liability See comments - -
E. Estimated date of completion June 1996
"Comment on how proposed facility will be maintained.
\\...d-O
- - -~---~.._-,.._'--"-'----'-'---'-'--- ----.. - --'--- -_.._----_._-,-_...~--~..._-,_. ,. ,.... ------.,---..--.----
, Evaluation Criteria (Check and fully explain in comments)
m. Yes No
A. Does the project eliminate problem areas on routes
which would provide relatively safe travel use?
1. Intersections, driveways ..1L
-
2. Bridges - -X...
3. Narrow road segments ..1L -
4. Removal of parking x
- -
5. High traffic volume and speed x
-
6. Other eliminate ponding water on street X
and walkway. -
B. Does the project provide service to high activity
centers?
7. Employment ....!.. -
8. Commercial -L -
9. Educational x
-
10. Public transportation interface -X... -
11. Government or social service centers - -X...
12. Cultural or recreational -X.. -
13. Other missing link in sidewalk between ....!.. -
3rd Avenue and Broadway
C. Does the project provide connection to and continuity
of longer routes?
14. Interregional - ..lL
15. Regional - ..lL
16. InteIjurisdictionaI - ..JL
17. Local -L. -
18. Community JL -
D. Special Circumstances:
This segment of Oxford between Fifth and Fourth Avenues is a 1/4
mile gap in the sidewalk along the Oxford Street corridor between
Broadway and Third Avenue. Also, there is a ponding problem on
this street that makes it very difficult to walk during wet weather.
E. Comments:
Please see attachments.
\\...~\
______,._.'.__.,_,_________._________n.' _,___.___.~._____._____~_._,.__'_ . -------,-.-------.-.----.-.-
February 9, 1995
File No. KY- 036
TDA APPLICATION FORK
BICYCLB AND PEDESTRIAN FACILITIBS
I. Comments on Proiect's Eliqibilitv
This project will install 800 feet of missing sidewalk
improvements along the north side of Oxford Street between
Fifth and Fourth Avenues. It will assist in connecting the
residential area with the businesses along Broadway and Third
Avenue.
Funding for the curb and gutter and other ineligible items
will be obtained from local sources.
II. Comments on Status of the Proiect
This project will be included in Chula Vista's upcoming CIP
program.
Sidewalks are maintained by Chula Vista's Operations Staff.
III. Comments on Evaluation Criteria
This sidewalk will provide a safe pathway for school children
and others living in the vicinity as well as other pedestrians
walking through the area. This sidewalk will coanect the
neighborhood with the commercial businesses and bus routes
along Broadway and Third Avenue. It will also eliminate a
ponding problem that makes it very difficult to walk through
when it rains. The area also remains muddy for several days
afterward.
"I\db
(p:\no..\aãvplan\TDA9S.\Oxford.J95)
\ \... do),
,~_._._._--_._---_..__.-.-._.__.-- . ...... .____ _.~__,____.___.__.__.____ . _ __..___.._~_'_...._.'.m.·__ ____"__ _...__________.____._,_
Date: January 1995
ESTIMATE OF BICYCLE ROUTE IMPROVEMENT COSTS
Project Name: Oxford Street sidewalk Length: 0.25 Miles
1. Earthwork a. Roadway Excavation 1.900 C.Y. X $ 20 .. $ 38.000
b. Embankment 2.000 C.Y.X. 10 .. . 20.000
$ 58.000
2. Drainage - Major Work N/A
Describe:
$ N/A
-3. Signing, Striping, Pavement Markings - Restripe street
Blgn, (B/mllo) _ .1.000/Milo ~
Btripe - '1,600/Milo $3,000 /Mile X Miles.. . 2.000
M.rltlng. 320 B.F./MiIo - .500/MiIo
4, Paving a. Agg. Base 640 C.Y. X $ 45 /C.Y.- . 28.800
calc: length x width x depth + 27 .. C.Y.
800 18 1.2 640
b. Paving 520 Tons X $ 50 (Ton .. . 26.000
calc: length x width x depth + 27 X 2 - Tons
800 18 .5 520
c. Overlay 28.000 sf @ $1.30-$36.400 PAVING TOTAL · 91,200
5. Other items: pedestrian ramps 3 @ $1,100 $ 3,300
PCC driveways $ 7,500
traffic control $ 6.000
6. r i ii." a, Sidewalk 800 L.F. X. 15 /I..F. .. · 12.000
7. Storage a. RackS ea. X $ .. N/A
b. Lockers ea. X $ .. N/A
8. Subtotal
Contingencies Subtotal 180.000 X 25'110 - . 45.000
Engineering Subtotal 1 RO orO X 15'110 - . 27.000
,
9. RIGHT OF WAY · N/A
-
10. PROJECT TOTAL $ 252,000
, 1. PREVIOUS TDA OR TRANSNET FUNDS RECEIVED -$
12 CLAIM AMOUNT · 252.000
2/1 7/94
\\"'~3
.---,----..----.....-.-...-..,'.-..----- .--..------- _._.~_.__._._-"'_.._._----------_.__._---_..__._.._--_.- ,,~--- ._.---------------.._-~---_.~---_.-
CITY OF CHULA VISTA
ENGINEERING DIVISION
COST ESTIMATE
PROJECT TITLE Installation of Sidewalk Improvements FILENO. : KY -036
and Street Reconstruction Along the DATE: 2/6/95
North Side of Oxford Street ftom PREPARED BY: MJ
Fifth Avenue to Fourth Avenue CHECKED BY: SMN
NO. ITEM . QUANTITY UNIT UNIT PRICE AMOUNT
1 Removal of Existing AC Benn 600 LF $8.00 $4,800
2 Removal of Existing Pavement 16,000 SF 2.00 32,000
3 Removal of Existing Curb, Gutter & Sidewalk 200 LF 6.00 1,200
4 Grading 2,000 CY 10.00 20,000
5 4" A.C. Pavement 520 TON 50.00 26,000
6 8" Base 960 TON 30.00 28,800
7 AC Overlay with Fabric 28,000 SF 1.30 36,400
8 Installation of 5' Sidewalk 800 LF 15.00 12,000
9 Installation of Pedestrian Ramps 3 EA 1,100.00 3,300
10 Installation ofPCC Driveways 1,500 SF 5.00 7,500
II Traffic Control LS LS 6,000.00 6,000
12 Striping LS LS 2,000.00 2,000
SUBTOTAL 5180,000
CONTINGENCIES SUBTOTAL (25%) $45,000
ENGINEERING SUBTOTAL (15%) $27,000
TOTAL 95-96 TDA REQUEST $252,000
ITEMS INELIGIBLE FOR IDA FUNDS
13 Removal of EXlstmg Curb & Gutter 200 LF 8.00 1,600
14 Installation of Curb & Gutter 800 LF 12.00 9,600
15 A.C. Benn 400 LF 7.00 2,800
16 Installation of Street Lights 2 EA 4,000.00 8,000
SUBTOTAL $22,000
ENGINEERING AND CONTINGENCIES (40%) 8,800
TOTAL $30,800
PROJECT TOTAL $282,800
PROJECT TOTAL (SAY)
(F:I..AdvPlan\IDA95\Oxford95.wqw)
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PROJECT 'l'ZTLE
DUn BY. A. STEVENS SIDEWALK SAFETY PROGRAM - NORTH SIDE OF
OF OXFORD STREET, BETWEEN FIFTH AND
DA'1'8. DECEMBER 16, 1994 FOURTH AVENUES
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GUTTER AND
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PRo.rECT TITLE
DRAWN BY: M,J.I. CROSS-SECTION
NORTH SIDE OXFORD STREET
DATE: 2/7/94 FIFTH A VENUE TO FOUTH A VENUE
CITY OF CHULA VISTA
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__~___._~_..__ _"'_~_'~~.__'..~."_.______.____,__________m'.._ ..... ". .... ..~ ._.__.__.~--,_.
COUNCIL AGENDA STATEMENT
Item /;1..
Meeting Date 02/28/95
ITEM TITLE: Report: City Application for Funds Made Available by the Violent Crime
Control and Law Enforcement Act of 1994 (the Crime Bill).
SUBMITI'ED BY: Chief of Police V
REVIEWED BY: City Manager Gr~~ (4/5th's Vote: Yes_ No...xJ
Staff is concerned with the time-lines established by the Department of Justice for receipt of
Crime Bill grant applications. Both the COPS AHEAD and COPS MORE applications are
requiring a maximum six-week turnaround. Due to the grant's complex requirements it will be
difficult to develop complete and effective applications and process the applications through the
customary City Council approval process within this time constraint. It is anticipated that the
competition for both programs will be intense. By accepting this recommendation, the City
Council will enable staff to focus on the development of effective Crime Bill grant applications.
RECOMMENDATIONS:
1. Authorize the City Manager to submit the appropriate COPS AHEAD and COPS MORE
applications.
2. Direct the City Manager to bring forward a detailed Crime Bill Funding Implementation
Plan for City Council review and approval prior to the acceptance of any grant award
resulting from these applications.
BOARD/COMMISSION RECOMMENDATION: N/A
As you are aware, Congress is considering amendments to the Crime Bill. Although many
provisions of the Crime Bill and its total funding may be altered, the most recent information
available from the League of California Cities, the Police Executive Research Forum, the
International Association of Chiefs of Police, the Department of Justice and Congressman
Filner's office is that the core law enforcement related components of the COPS AHEAD and
COPS MORE programs will remain in tact.
Based on information received from the sources listed above, Police Department staff will
continue to develop applications for both the COPS AHEAD and COPS MORE programs. You
may recall that Chula Vista has already received tentative approval to hire four (4) police
officers through the COPS AHEAD program (see attachments). The COPS MORE program is
designed to underwrite technology enhancements that will have the effect of providing more
officers for community policing. COPS MORE would provide funding for up to 75% of the
cost of equipment and other reimbursement-eligible costs. COPS MORE could potentially
provide a partial funding source for the Public Safety Communications Project (Capital
Improvement Program PS-115). PS-115 will implement integrated computer-aided dispatch,
records management and mobile computer communications systems for the Police and Fire
Departments. A Request for Proposals has been issued and staff anticipates bringing forward
Jr?- -I
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Page 2, Item I)"
-
Meeting Date 02/28/95
a detailed report on the project's scope, time-line and funding as part of the FY 1995-96 budget
process.
However, staff is concerned with the time-lines established by the Department of Justice for
receipt of Crime Bill grant applications. Both the COPS AHEAD and COPS MORE applications
are requiring a maximum six-week turnaround. Due to the grant's requirements that the City
develop a grant specific community policing plan and coordinate its response with a variety of
criminal justice agencies on the state and local level , it will be difficult to develop complete and
effective applications, and process the applications through the customary City Council approval
process, within this time constraint. Moreover, amendments currently under consideration may
dramatically reduce the restrictions on the use of Crime Bill funding and potentially render the
applications being developed by staff at this time obsolete.
Therefore, staff is recommending that the City Council:
a) authorize the City Manager to submit COPS AHEAD and COPS MORE applications;
b) direct the City Manager to bring forward a detailed Crime Bill Funding Implementation
Plan for City Council review and approval prior to the acceptance of any grant award
resulting from these applications.
It is anticipated that the competition for both programs will be intense. By accepting this
recommendation, the City Council will enable staff to focus on the development of effective
Crime Bill grant applications.
Police Department staff will continue to closely monitor all bills affecting the Crime Bill
funding. Specific questions regarding Crime Bill applications can be directed to Kevin Hardy,
Principal Management Assistant at 691-5144.
FISCAL IMPACT:
Keeping in mind the potential impact of pending legislation, a summary of the current potential
grant funding associated with these two programs and the associated City match requirement
estimates are summarized below. The COPS Program Application Guidelines authorize agencies
to fund their match requirement through the General Fund, the Community Development Block
Grant program or other funds including Development Impact Fees.
$231,033 has been previously appropriated from the Police Facilities DIP to PS-115, the Public
Safety Communications Project. These funds are available as a potential source for a portion
of the City match requirement associated with the COPS MORE Program.
Grant Title Grant Fundin!!: Match Reauirement
COPS AHEAD $ 300,000 $ 331,000
COPS MORE $ 1,006,500 $ 336,000
POTENTIAL IMPACT $ 1,336,500 $ 667,000
Attachments -- Previous Council Information Items Reference the Crime Bill (2)
/ ,,2 ~ ,)..
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. MEMORANDUM
c- .
, . ~
TO : Honorable Mayor and City Council ~ rvrr
ATTACH NT
VIA : John D. Goss, City Manager~ ~~
-
FROM : Richard P. Emerson, Chief of Police I
SUBJECT : Authorization to Hire Four (4) Police Officers Pursuant to the Crime Bill's COPS
Program via COPS AHEAD
As reported m early November, one of the objectives of the Crime Bill was to speed the deployment
of new sworn police officers authorized and funded by its Community Oriented Policing Services
(COPS) component. In response to this objective, the Department of Justice (DO!) developed the COPS
AHEAD Program for cities with a population of more than 50,000. COPS AHEAD required that
jurisdictions return to the DOJ, in a specified "Letter-of-Intent-to-Participate" m the COPS Program by
no 1áter than November 10, 1994 (a copy of that form was attached to previous correspondence with
Council) . Staff submitted a COPS AHEAD Letter-of-Intent to the DOJ on November 1, 1994
requesting fundmg for five (5) new sworn police officers.
Staff received DOJ authorization to hire four (4) sworn police officers pursuant to the COPS AHEAD
Program on December 19, 1994. This authorization enables the City to begin the recruitment, hiring
and training processes associated with these new positions in anticipation of final Crime Bill grant
approval. Staff will develop the appropriate application materials over the next six weeks and submit
same for Council approval on February 21, 1995. The deadline for Crime Bill Grant applications is
March 6, 1995.
Council may recall from previous correspondence (see attachment) that the Crime Bill limits funding
for new officers to $25,000 per position for a maximum of three (3) years. Given the current costs of
training and deploying new police officers, preparatory staff analysis indicates Crime Bill grants will
cover approximately 50% of the City's per position costs for the three-year funding period. Subsequent
Crime Bill appropriations may provide funding for additional officers or technology enhancements that
have the effect of mcreasing a jurisdiction's community oriented policing efforts.
Staff will continue to actively monitor the status and availability of various Crime Bill appropriations
to ensure the City applies for any appropriate funding. Specifically, staff will be paying close attention
to the Technical Automation Grant component of the Edward Byrne State and Local Law Enforcement
Block Grant Program. This program mcludes potential funding for Capital Improvement Program
Project PS-1l5, The Public Safety Communications Project. Application details for this program are
anticipated m the next sixty days. Additional information on this program will be forwarded to Council
as appropriate,
Chula VISta Police DepartmenJ
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.
MEMORANDUM
November 7, 1994
TO · Honorable Mayor and City Council
· ATTACHMENi
VIA : John D. Goss, City Manager .
FROM · Richard P. Emerson, Chief of Police el,.,~ Jj
·
SUBJECT : The Violent Crime Control and Law Enforcement Act of 1994 (the Crime Bill)
On October 25, 1994, Congressman Filner provided the City Council with a legislative update that
included a discussion of the Crime Bill. This memorandum will transmit additional infonnation
regarding staffs on-going effort to ensure the City of Chula Vista obtains all appropriate funding under
the Crime Bill.
The most visible component of the Crime Bill is the Community Oriented Policing Services (COPS)
Program. The COPS Program authorizes the United States Department of Justice (DOl), under the
direction of the United States Attorney General, to provide funding to local governments for additional
sworn law enforcement officers. In an effort to speed the deployment of these new officers, the DOl
developed the COPS AHEAD Program for cities with a population of more than 50,000. (A similar
program known as COPS Fast was developed for cities smaller than 50,000.)
COPS AHEAD required that jurisdictions return to the DOl, in a specified "Letter-of-Intent-to-
Participate" fonn, general infonnation about the city and its police department no later than November
10, 1994. A copy of that form is attached to this memorandum. Staff submitted the COPS AHEAD
Letter-of-Intent to the DOl on November 1, 1994. Keeping in mind that the Crime Bill is designed to
be incrementally implemented over the next six federal fiscal years and that only about 10% of the
Crime Bill's authorized funding has been appropriated, the COPS AHEAD Program could provide up
to five (5) additional officers for the City of Chula Vista. Additionally, the COPS Program limits
funding for new officers to $25,000 per position for a maximum of three (3) years. Given the current
costs of training and deploying new police offièers, preparatory staff analysis indicates the COPS
Program will cover approximately 50% of the City's per position costs for the three-year funding
period. Subsequent Crime Bill appropriations may provide funding for additional officers.
However, as you are aware, the Crime Bill includes a variety of components other than the COPS
Program. The attached analysis, which was prepared by DOl, provide~ an excellent summary of the
Crime Bill in its entirety. Unfortunately, the application process for Crime Bill programs other than
COPS have not yet been released. As specific infonnation becomes available on these other programs,
the Police Department will take the lead in distributing that information and, where appropriate,
coordinate the application activities {)f other City departments through the City Manager's Office.
Staff will continue to keep Council apprised as to developments in the COPS AHEAD Program and
other Crime Bill programs.
Chula VISta Police Department
I~;'I
~._-----------------~-
COUNCIL AGENDA STATEMENT
Item 1..1
Meeting Date 2/28/95
ITEM TITLE: Report on Request to SANDAG to include a Subregional Transportation
Financing Study for the Otay Mesa / South County Area in its FY 1995-
96 Wo<kProg"m ~y
SUBMITTED BY: Director of Planning /1/
Director of Public wori(f
REVIEWED BY: City Manager1~')¡., (4/5ths Vote: Yes_No X )
Last year, the Cities of San Diego and Chula Vista, and the County of San Diego, agreed to
pursue the preparation of a subregional transportation financing strategy for the Otay Mesa /
South County area. Since that time, the staffs of the three jurisdictions have worked with
SANDAG staff to prepare an overall scope of work for this study, and SANDAG staff has
agreed to support the inclusion of this study in its FY 1995-96 Overall Work Program. On
March 1, 1995, County staff are requesting the Board of Supervisors to formally endorse the
proposal to have SANDAG perform this study, and have requested support from the cities of
San Diego and Chula Vista on this matter (see attached).
RECOMMENDATION: That the City Council endorse the inclusion of a subregional
transportation financing study for the Otay Mesa / South County area in the SANDAG 1995-96
Overall Work Program, and authorize the Mayor to submit a letter in support of this request to
SANDAG.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Over the past several years, the City of Chu1a Vista has consistently taken the position that the
City and County of San Diego should develop financing mechanisms for the construction of
major roadway facilities serving Otay Mesa and East Otay Mesa industrial development. In May
1994, in conjunction with its approval of the East Otay Mesa Specific Plan, the County Board
of Supervisors agreed to coordinate with the Cities of San Diego and Chula Vista on this issue,
and a letter was sent from Board Chairwoman Pam Slater to the Mayors of San Diego and Chula
Vista requesting their support of this effort (see attached letter). Both cities responded in
support of this request, and since that time the staffs of the three jurisdictions, along with
SANDAG staff, have been meeting to define specific issues and develop an overall approach to
this study.
IJ~/
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Page 2, Item ß
Meeting Date 2/28/95
It has been agreed that the overall purpose of the study would be to develop a subregional
financing plan and implementation program which would provide for the funding and
construction of needed transportation facilities within the study area that cannot readily be
included in the facility financing programs of any single jurisdiction. These facilities would
include future overcrossings of the Otay River at Heritage Road, La Media Road, and Alta
Road. In addition, development thresholds to minimize traffic impacts on neighboring
jurisdictions would be addressed. It is recognized that other needed facilities may be identified
through the study.
In developing the overall scope of work for this effort, it became apparent to the participants that
SANDAG was well qualified to prepare such a study, given its transportation modelling and
analysis capabilities, and its specific experience in transportation planning for the Otay Ranch
project and other projects in the South County subregion. SANDAG staff has agreed that this
type of subregional transportation study is appropriate for inclusion in its Overall Work Program
(OWP), and has indicated that it would support inclusion of the study in the FY 1995-96 OWP.
If it is included in the SANDAG OWP, funding for the SANDAG work would come from the
SANDAG budget and would be considered a demonstration project. The only local
jurisdictional costs would be staff participation in providing input and review to the study. Staff
has estimated that the cost savings to the local jurisdictions of this approach would be
approximately $250,000.
Therefore, we are recommending that the City Council endorse this overall approach, and
authorize the Mayor to submit a letter to SANDAG in support of the request to include this
study in the FY 1995-96 SANDAG Overall Work Program. If this request is approved, our
staff will return to Council at a later date with further infonnation regarding the detailed scope
and timing of this study.
FISCAL IMPACT: Approval of this request by the SANDAG Board of Directors would result
in savings to the three participating jurisdictions of approximately $250,000. However, there
would be additional local staff costs associated with participating in the study. These costs for
Chula Vista staff would likely be in the range of $15,000 - 20,000, and would be charged as
administrative costs to the Transportation Development Impact Fee Fund.
Attachments:
Letter from Tom Garibay, County Director of Public Works, dated February 9. 1995.
Letter from Mayor Tim Nader, dated October 3, 1994.
(F:\HOME\PLANNING\SDGTRANS .AIl)
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_.___.__.____.__~_____.___ __ - - .______._. -----.---__.___0'·'.._---...--. ____._____""____"__._.._~___._._~_
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QInu~ o£ ~ètn ~i£go COUNTY ENGINEER
COUNTY AIRPORTS
TOM GARIBAY COUNTY ROAD COMMISSIONER
DIRECTOR TRANSIT SERVICES
(619) 894-2212 DEPARTMENT OF PUBLIC WORKS COUNTY SURVEYOR
FAX: (619) 268-0461 FLOOD CONTROL.
LOCATION CODE 850 WASTEWATER MANAGEMENT
5555 OVERLAND AVE. SAN DIEGO, CALIFORNIA 92123-1295 SOLID WASTE
February 9, 1995
City of Chula Vista
Planning Department
276 Fourth Avenue
Chula Vista
Attention: Robert Leiter
Dear Mr. Leiter:
INTERJURISDICTIONAL COMMITTEE, SUBREGIONAL TRANSPORTATION FINANCING
PLAN
Please find attached a Board letter asking that SANDAG include the Subregional
Transportation Financing Study and Plan in their 1995-96 work program. This action is
scheduled to go to the Board of Supervisors on March 1, 1995. We are requesting your
concurrence as members of the committee indicating the city's support of the actions.
.
Your timely response is requested. If you have any questions, please call Robert Hoglen at
(619) 694-3244.
TOM GARIBAY
Director
TG:GWC:jw
cc: Steve Denny, DPLU (0650); Mark Carroll, DPLU (0650); Mr. Joe Ellis, Solidus
Properties System, 2725 Congress Street, Suite 2K and 2L, San Diego, CA 92110;
SANDAG, Attn: Mike Hicks (M.S. 0980); Linda Marabran, City of San Diego (M.S.
653); Larry VanWey, City of San Diego (M.S. 653)
M:IWPICANElSANDAG.RH\JW
J'-J
o PrInted on recyc:Ied paper
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rr->ILAI~II~IIII~I<QJ rR1[fj»(Ö)IÑ\li'
COUNTY OF SAN DIEGO
DATE: March 1, 1995
TO: Board of supervisors
8UB\I'ECT: East otay Mesa Development (Districts 1 and 2)
SUMMARY:
REFERnCE
On July 27, 1994(1), the Board approved the Final Action on
General Plan Amendment 94-02 and approved the East Otay Mesa
,Specific Plan SP 93-04.,
RECOHMENDATZON(S)
CHIEF ADMINISTRATIVE OFFICER:
Authorize the Chairwoman to send a letter to SANDAG requesting
the inclusion of the subregional Transportation Financing
Study and development of a Financing Plan in their 1995-96
overall work program.
Fiscal DIIpact
If approved, the major funding source will be SANDAG and will
result in a net savings to the County of San Diego, city of
Chula vista and City of San Diego estimated to be around
$250,000.
BA'CltGROmm
On May 11, 1994(3), the Board recommended that an Inter-
jurisdictional Committee be established to prepare a regional
transportation financing strategy for the South Bay. The Board
also authorized the Chairwoman to send letters to the Mayors of the
cities of San Diego and Chula vista requesting their support and
cooperation on forming an Interjurisdictional committee for this
purpose. Letters from the City of San Diego dated August 23, 1994,
and from the city of Chula vista dated October 3, 1994, agreeing to
participate, have been received (Attachment A and B). Because of
the regional need for this effort, a referral was made to the
Department of Public Works (DPW) budget to carry out this program.
An Interjurisdictional committee of the city of San Diego, City of
Chula vista and San Diego County staff was formed to develop a
financing and phasing strategy to allow for a coordinated road
13-'/
______,__.__.._~_..,,_w.··_·__."_·__ -- --_.._-----~.__.,----_._--
SUBJECT: East otay Mesa Development (Districts 1 and 2)
system to meet the regional needs as this area develops. The
Interjurisdictional Committee is made up of representatives from
the Public Works or Engineering Departments and from the Planning
Department of each jurisdiction. The committee, following the
recommendations in the specific Plan 93-04, has developed goals and
a set of steps and agreements to be used in implementing the
creation of the financing plan. It has been generally agreed that
the study area boundaries will be SR 54 and 94 to the north and
east, 1-5 to the west and the international border to the south.
It'was also noted that the focus of the financing plan will be the
otay River crossings and their approach routes; however, detailed
evaluation of other road segments and intersections will be made at
the ~ime of the detailed study.
The Committee requested that representatives from SANDAG
participate in the committee since this is a regional
transportation financing effort. The SANDAG representative
indicated that they could participate in traffic studies and also
in preparation of the documents to provide the funding mechanism
noted; however, it would have to be included in their 1995/96 work
program. If it is included in the 1995/96 ordinary Work Program,
funding for the SANDAG work would come from the SANDAG budget and
would be considered a demonstration project. SANDAG staff
indicated a good possibility of its inclusion in the budget.
If SANDAG participates, the estimated savings to the three
jurisdictions could be significant. It was estimated that the
studies and development of a financing strategy could cost
$3bo,000, shared by the three jurisdictions involved. If SANDAG
prepares the documents and does the studies as a demonstration
project, the savings of all but staff input time would be born by
the SANDAG budget with approximate savings of $250,000.
The committee is requesting inclusion of this project in SANDAG's
Ordinary Work Program for next year. A letter is attached for
Board consideration.
The Committee will continue to work on the details and formats
prior to the start of the studies. This will allow the full
project to move forward as rapidly as possible when the studies are
done and the fair share allocation is determined.
Respectfully submitted,
DAVID E. JANSSEN
Chief Administrative Officer
Page 2 ):]..5
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BOARD OF SUPERVISORS
AGENDA ITEM
INFORMATION SHBBT
SUBJECT: East Otay Mesa Development
SUPV. DIST.: 1 and 2
COUNTY COUBSBL APPROVAL: Form and Legality ( ) Yes (X) N/A
( ) Standard Form ( ) Ordinance ( ) Resolution
CHIBt FINANCIAL OFFICER/AUDITOR REVIEW: (X) N/A ( ) Yes 4
VOTES: ( ) Yes (X) No
FINANCIAL MADGEMENT REVIEW: ( ) Yes (X) No
CONTRACT REVIEW PAlŒL: ( ) Approved· ( ) N/A
CONTRACT NUMBER(S):
PREVIOUS RELEVANT BOARD ACTION: July 27, 1994(1) Approved the
final action on GPA 94-02 and approved the East Otay Mesa Specific
Plan SP 93-04; May 11, 1994(3) Directed that an Interjurisdictional
Task Force be established to prepare a regional transportation
financing strategy; January 5, 1994(4) Authorized processing a
publicly initiated GPA; October 17, 1990(3) Approved the Final
Resolution for GPA 90-04 to designate East Otay Mesa as (21)
Specific Plan Area.
BOARD POLICIBS APPLICABLB: N/A
CITIZEN COMKITTEE STATEMENT: N/A
CONCURRENCB(S): Department of Planning and Land Use
ATTACBMENT(S) : Letters from cities of San Diego and Chula Vista
ORIGINATING DBPARTMENT: Public Works
CONTACT PERSON: Robert Hoglen (S.C.S50) 619-3244 (0336)
March 1. 1995
KBETING DATE
Page 3 /J ,¡,
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DIANNE JACOB
CHAIRWOMAN
SUPERVISOR, SECOND DISTRICT
SAN DIEGO COUNTY BOARD OF SUPERVISORS
Mr. Kenneth Sulzer, Executive Director
San ~iego Association of Governments
401 B street, suite 800
San Diego, CA 92101
Dear Mr. Sulzer:
On behalf of the cities of San Diego and Chula vista, and the
County of San Diego, I would like to request that SANDAG conduct
a subregional transportation financing study for the otay
Mesa/South county area.
The purpose of this study would be to develop a subregional
financing plan and implementation program which would provide for
the funding and construction of needed transportation facilities
within the study area that cannot readily be included in the
facility financing programs of any single jurisdiction, but will
be of benefit to two or more of the jurisdictions. These
facilities would include future overcrossings of the Otay River
at Heritage Road, La Media Road, and Alta Road. In addition,
development thresholds to minimize traffic impacts on neighboring
jurisdictions will be addressed. It is recognized that other
needed facilities may be identified through the study.
It is our intent that staff from the three jurisdictions would
work closely with SANDAG staff and consultants in directing
preparation of the study and providing necessary input. In
addition, elected officials from the three jurisdictions would be
available to provide policy input into the study as required. It
is our understanding from previous discussions with SANDAG staff
that in order for SANDAG to conduct this study, it would be
necessary for the project to be included within the FY 1995-96
SANDAG Overall Work Program. We therefore request that this
project be included in your proposed work program.
Please let me know if any additional information is necessary for
you to respond to this request. We sincerely appreciate the
COUNTr ADMINISTRATION CENn:R 1600 PACifiC HIGHW....v· ROOM 335 SAN DIEGO. CAlIFORNI.... 92101·2470
(619) 531,5522 FAX (619) 696-7253 TOll FREE 800-852,7322
El CÞ..ION OFFICE 250 E. MAIN STREET' SuITE 1--69 El CAJON, CAlIFORNIA 9202G-3941 (619) 441-4327
œ Prlnt~onrecycled PØI* Jj'7
------.---..--------. ~ ---.-- . - "---_.._..~.....__._- . ....-. _.-..-----_.__._---_._._.._--~_.-
Mr. Kenneth Sulzer -2-
cooperation which has been afforded to us by your staff to date,
and look forward to working with you on this important project in
the future.
Sincerely,
DIANNE JACOB
Chairwoman
DJ:jw
cc: Department of Public Works (0332)
.
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CllY OF
OFFICE OF THE MAYOR CHUlA VISTA
TIM NADER
October 3, 1994
Supervisor Parn Slater
County Administration Center
1600 Pacific Highway
San Diego, CA 92101
Dear Supervisor Slater,
We apologize for the late response to your request for the participation of Chula Vista
in an intergovernmental cornmittee to review transportation issues in the Otay Mesa area.
It is a great idea. You have my whole-hearted support. Please let us know if you would
like our Council to appoint a representative, or if you prefer a more informal appointment
contact Patricia Salvacion at 691-5044.
Thanks for your leadership in this area. ,
Sincerely,
JI::" /1..-4<-
Tim Nader
Mayor
TN:SS:ps
1:3,7
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 919101(619) 691-5044
- ..--.,,""--.---'----..--. ....__.._~"._-_..-
COUNCIL AGENDA STATEMENT J1
Item
Meeting Date 2/28/95
TITLE: PUBLIC HEARING Consideration of Rate Increase for
Collection and Disposal of Refuse
RESOLUTION /78'3-( Approving Rate Schedules for
Collection and Disposal of Refuse Effective 3/1/95
SUBMITTED BY: Deputy City Manager Krempl ~
Principal Man~ement Assistant Snyde
REVIEWED BY: City ManagerÚ /)~ (4/5ths Vote: Yes_ No-1L)
On 10/1/94, the county of San Diego and the Solid Waste Authority
approved an increase in landfill tip fees from $55/ton to $74/ton
for all cities refusing to join the Authority. Chula vista was one
of ten cities ultimately charged the differential fee which also
became the subject of litigation against the County and Authority.
As reported to Council, this differential fee was subsequently
eliminated on 2/1/95 when a tip fee of $55 for all system users
went into effect.
Although Laidlaw paid the higher disposal costs (based on the
$74/ton charge) for the four months, the increase has not yet been
passed on to ratepayers. In accordance with section 8.23.090 of
the Chula vista Municipal Code, Laidlaw has requested a rate
increase in the landfill component to be spread over the next four
months in order to recover the additional disposal costs paid out
from 10/1/94 through 1/31/95.
The proposed rate schedules do not include any changes in
operational costs due to a CPI increase, the franchise fee
component or the recycling programs.
RECOMMENDATION: Adopt resolution approving the rate schedules
to be effective 3/1/95.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
This public hearing was first noticed and opened on 1/10/95. It
was continued until 2/7/95 pending information on possible rate
changes in the tip fee which eventually did occur. On 2/7/95, the
hearing was continued again to this meeting date. The primary
reason was to be able to factor in results of a settlement
conference in Federal Court scheduled for 2/22/95, at which one of
the issues under consideration is the reimbursement of the four
months of differential fees. There has been no definitive action
on this issue at this time.
1'1"1
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Page 2, Item I "
Meeting Date 2/28/95
It is also noted that, at a joint meeting of the County and the
Authority on 2/15/95, the County publicly acknowledged that there
are no funds budgeted in the Solid Waste Enterprise Fund to
reimburse the differential tip fee to the residents and businesses
which paid it over the four months. Consequently, this report and
its recommendations outline the "worst case scenario" in which
Chu1a vista ratepayers must be assessed for the increased disposal
costs of that period. If, and when, legal action provides
reimbursement in the future, this adjustment will be rebated to
ratepayers.
Rate structure
For background, Council approved a methodology in August 1991 for
the calculation of refuse collection and disposal rates. with that
change, the rate is made up of several components:
o Landfill disposal fee
Paid to landfill operator for disposal; amount set by
operator.
o Franchise fee
Remitted to the City to offset public costs of
maintaining streets, etc.; amount set by City Council.
o other costs
Laidlaw's cost of service, capital investments, etc.
The Waste Management Franchise in the Municipal Code allows a pass
through of landfill disposal fees as long as the proportion of
change requested in that component does not exceed the proportion
of change in tip fees at the landfill. The proportion of change
charged by the County during those four months was an increase of
34.5 percent of the landfill component. The landfill component
accounts for almost half of the entire monthly residential bill.
The landfill component is the only part of the rate which is
addressed by this request and report. The franchise fee and "other
costs" components will remain unchanged at this time if the
recommended action is approved.
Attachment A presents the proposed residential and commercial rate
schedules based on the 34.5 percent increase in the landfill
component. The schedules show the increase to be effective 3/1/95
but covering the period from 10/1/94 through 1/31/95. It is
proposed to collect the four month retroactive cost only over the
four months of future billing from 3/1/95 through 6/30/95.
1'1-.;.
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Page 3, Item I~
Meeting Date 2/28/95
The additional cost will described on the trash bill as a temporary
charge. The monthly impact on rates for commonly used services is
illustrated below:
Current- as Proposed- from Mo.
Tvpe of Service of 2/28/95 3/1/95 - 6/30/95 Chq.
Residential (Single fam.) $17.27* $19.85* $2.58
Senior "Yellow Bag" Pgm. $10.87* $12.00* $1.13
(Avg. 1 month cost)
Commercial (Small business) $80.36 $91. 35 $10.99
(One container/once wkly)
* Includes charges for curbside recycling and yard waste which
are not recommended to change as a result of this action:
residential at $2.20 and senior program at $1.81 per month.
Future Rate Adiustments
The only rate increase being recommended at this time is the pass-
through cost of the landfill component. Other rate issues such as
a CPI increase on the "other costs" component are being discussed
with Laidlaw and reviewed at the staff level and will be the
subject of a future report when the appropriate justification is
available. (As background information, there has been no CPI
increase given on the "other costs" component since 1992.)
Independent of discussions on the CPI increase, new rates showing
the removal of this four month charge and an annual review and
adjustment of yard waste and curbside recycling rates can be
expected for the 7/1/95 billing cycle. Additionally, the County
and Authority have set a goal to reduce the tip fee from $55 to $50
effective 7/1/95 which would trigger another review of the landfill
component on the bill. It is also prudent to remember that the
relative instability of the County rate structure could result in
the need to change disposal sites in the near future. This action
would also necessitate revisiting rate adjustments.
FISCAL IMPACT:
For single family residential, the rate for refuse collection is
proposed to increase from $17.27 per month to $19.85 per month for
four months, representing a temporary overall 14.9 percent
increase. The impact on all rate payers is indicated in Attachment
A·
J'/';I
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Page 4, Item 1,1
Meeting Date 2/28/95
It is proposed that the City's franchise fee remain unchanged at
this time. In addition, consistent with Council's action last
July, this recommended action will be "revenue neutral" with regard
to the City's total franchise fee collection. Laidlaw's higher
gross receipts (needed to offset the higher tip fee expenses) will
not result in additional franchise fees to be paid to the city.
Total franchise fees for FY 1994-95 are currently estimated at
$820,090. The franchise fee issue will be revisited with Council
later on when the cpr request is addressed.
1l1..-'!
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RESOLUTION NO. 17Y.2.1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING RATE SCHEDULES FOR
COLLECTION AND DISPOSAL OF REFUSE EFFECTIVE
3/1/95
WHEREAS, the County of San Diego and the Solid Waste
Authority approved an increase in landfill tip fees from $55 per
ton to $74 per ton for all cities refusing to joint the Authority;
and
WHEREAS, in accordance with section 8.23.090 of the Chu1a
vista Municipal Code, Laidlaw has requested a rate increase in the
landfill component to be spread over the next four months in order
to recover the additional disposal costs paid out from 10/1/94
through 1/31/95; and
WHEREAS, the proposed rate schedules do not include any
changes in the operational costs due to the CPI increase, the
franchise fee component or the curbside recycling charge; and
WHEREAS, the City Council held a public hearing on
February 28, 1995 to consider the approval of the rate schedules.
NOW, THEREFORE, BE IT RESOLVED the City council of the
City of Chula vista does hereby approve the rate schedules for
collection and disposal of refuse effective 3/1/95 set forth in
Attachment A, incorporated herein by reference as if set forth in
full.
Presented by as o~;:Q
A
George Krempl, Deputy City rd, City
City Manager
C:\rs\trashrate.inc
11"'5
u, "-.---
Attachment A
ØØ8SØSØ
LAIDLAW WASTE SYSTEMS INC.
February 14, 1995
George Krempl ~ePhanie Snyder
Deputy City Manager Principal Management Assistant
City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 92010
Enclosed are the proposed Commercial and Residential Rate Schedules. The
Rate Components are adjusted as follows:
Landfill Component
Commercial and Residential Rate Schedules reflect the 34.5%
increase in tipping fees instituted by the County of San Diego at Otay
Landfill effective October 1, 1994 through January 31, 1995
($55/ton to $74/ton). Although the Landfill costs increased on
October 1, the rate adjustment has been delayed pending other
developments. The proposal is to now raise rates from March 1,
1995 through June 30, 1995 to recover the additional landfill fees.
Franchise Fee Component
Based on previous actions by the City Council, no adjustment to the
Franchise Fee Component is proposed.
After your review of the proposed rates, please let me know if additional
information is needed.
r \. -
niel P. HigginS~ -
Market Area Controller
Laidlaw Waste Systems, Inc.
cc: Jim Weaver
8364 CLAIREMONTMESA BLVD.. SAN DIEGO. CALIFORNIA 92111 (619) 278,6061 FAX (619) 278,7528
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FEB-23-1995 12'e2 LAIDLAW WASTE SD p.e2
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CITY COUNCIL AGENDA STATEMENT
Item 15
Meeting Date 2/28/95
ITEM TITLE: Resolution 7 8" .t~gnating Members of the Governing Board of the
Chula Vista-EI Dorado-Livermore-Menlo Park Housing Finance Agency
SUBMITTED BY: Community Development Director C 7 '
{;/¿ /
REVIEWED BY: City Manager f.-J \ G
(4/5ths Vote: Yes _ No XJ
BACKGROUND: In 1983 Chula Vista along with EI Dorado, Livermore, and Menlo Park
issued $20,600,000 in Home Mortgage Revenue Bonds for first-time homebuyers. The bonds
have been paid in full and three home mortgages funded from the bond proceeds remain
outstanding. The City has an opportunity to sell these mortgages and receive approximately
$98,000 in housing funds that can be used for other housing projects. In order to complete the
sale of the loans, distribute assets and dissolve the joint powers authority (JPA), the IPA needs
to meet. The attached resolution gives Council authority to appoint two members to the IPA
who would then meet for the purpose of closing out the remaining assets of the IP A and
dissolving the entity.
RECOMMENDATION: That the City Council adopt the resolution designating two
councilmembers to serve on the Governing Board of the Chula Vista-EI Dorado-Livermore-
Menlo Park Housing Finance Agency for the purpose of closing out the remaining assets of the
IPA and dissolving the entity.
BOARDS/COMMISSIONS RECOMMENDATION: The Housing Advisory Commission will
discuss this item at their February 22 meeting, and their recommendation will be presented
verbally to the Council by staff.
DISCUSSION: The 1983 Chula Vista-EI Dorado-Livermore-Menlo Park Housing Finance
Agency Home Mortgage Revenue Bond Issue has three outstanding mortgages totalling
approximately $194,904 plus approximately $30,000 in liquid assets. These loans were left over
after everything was paid off, and can be sold with all proceeds minus closing costs going back
to the issuing jurisdictions. Currently Bank of America, the trustee, is servicing the loans.
Once the loans are repaid in approximately 20 years the proceeds (plus interest and minus
ongoing servicing fees) and liquid assets would be returned to the jurisdictions.
Given the shortage of housing funds versus the need for affordable housing in our community,
selling these mortgages is viewed as an opportunity to go after badly needed housing dollars.
We will receive approximately $98,000 depending upon the amount the loans can be sold for
and the amount of return negotiated with the other participating jurisdictions. The City received
about half the allocation and was the lead agency. Thus, we hope to receive half the proceeds
from the sale plus a $10,000 administrative fee for an estimated total of $98,000.
As the primary representative for the Housing Finance Agency, the City received two unsolicited
1.5" /
'___'_"~__"~_.'. _...._____....-.._ ....,.... ."." '__",^'_'"O'__ '__",_"." . ." _ ,... -_._.~-----_.- - -- ----~-----_.--.__. ,--------.---
proposals to sell these mortgages, one from A.G. Edwards/Pacific Mortgage and one from C.M.
de Crinis and Company. Both would act as financial consultants and handle all aspects of the
sale. A.G. Edwards/Pacific Mortgage has much lower fees ($7,500 administrative fee plus
approximately $12,000 in legal costs) than C.M. de Crinis ($15,000 for administration and
$25,000 for legal costs). A.G. Edwards/Pacific Mortgage would be the firm staff would
recommend to the Housing Finance Agency as they are low bidder. They have extensive
experience selling small loans that remain after a bond issue is repaid and handling the
administrative tasks involved. They will seek investors and sell the loans to the entity providing
the greatest return. The Housing Finance Agency would make the selection and our two
Councilmembers would have an opportunity to vote in that process. The Housing Finance
Agency would also vote on whether or not to accept the sale amount proposed by any financial
advisor. All fees would be paid from the proceeds of the sale if the Housing Finance Agency
votes to go forward. Iones Hall Hill and White would act as bond counsel (they were bond
counsel for the original bond issue).
In order to complete the sale of the loans, distribute liquid assets, and dissolve the Ioint Powers
Authority (JPA), the IPA needs to meet. Each jurisdiction appoints two members to the IP A
and at least five members must be present to constitute a quorum. The meeting place has not
been set but will most likely be in San Francisco. It may be possible for Chula Vista members
to participate by telephone. The attached resolution gives Council authority to appoint two
members to the IP A who would then meet for the purpose of closing out the remaining assets
of the IP A and dissolving the entity.
FISCAL IMPACT: The City would receive approximately $98,000 in housing funds that can
be used for other affordable housing projects. If the City Council votes to not go forward with
the sale, the funds will be paid back in approximately 20 years with interest but minus trustee
fees.
15'~
- - ------.----.--. __.__..___m"'~ _ ._____._...__._ u___ -~--._---_._._.---,.~..".- -- - -.---..---..
· I ?3"eP-F
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE OTY OF CHULA VISTA DESIGNATING
MEMBERS OF THE GOVERNING BOARD OF THE CHULA VISTA-EL DORADO-
LIVERMORE-MENLO PARK HOUSING FINANCE AGENCY
RESOLVED, by the City Council of the City of Chula Vista (the "City") that:
WHEREAS, the City has entered into a joint exercise of powers agreement, dated as of
November 1, 1983 (the "Agreement") with the Cities of Menlo Park and Livermore, and the
County of El Dorado, creating the Chula Vista-El Dorado-Livermore-Menlo Park Housing
Finance Agency (the "Agency"); and
WHEREAS, under the Agreement, two members of the governing body of the Agency are
to be appointed by the City Council of the City from among the members of the City Council of
the City, and the City now desires to appoint such members so that the Agency can take action
to sell its remaining assets, distribute the proceeds of the sale of those assets in the manner
provided in the Agreement, and terminate its existence.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find,
determine and order that and , each being
members of the City Council of the City of Chula Vista, are hereby appointed as members of the
governing board of the Agency.
PASSED AND ADOPTED this _ day of .1995.
City Clerk, City of Chula Vista
13035-02:J1649
,
If'}
_________~____.m.
Item 16
Meeting Date Februarv 28. 1995
TITLE: EVALUATION OF THE COMMUNITY PRIDE FAIR SPECIAL
EVENT
SUBMITTED BY: Director of Parks and Recreation
This item will be delivered under separate cover on Friday,
February 24, 1995.
J¿-P
..__."..._____...·'_·.u _______..,,_,,___ ... .... -""-,,,'-"---"".'-- - -_.~'---'-'- ---~.~-.-."
COUNCIL AGENDA STATEMENT
Item l!ð
Meeting Date 02/28/95
ITEM TITLE: Report: Evaluation of the C~ Pride Fair Special Event
SUBMITTED BY: Director of Parks and Recrea
'¿'
REVIEWED BY: City Manager h }..-iIß (4/5ths Vote _ No .xJ
On February 14, 1995, during discussion of City-sponsored special events, Council directed staff to
prepare a report evaluating the Community Pride Fair held on July 4th. and propose options for
conducting the Community Pride Fair in the future. The intent of this report is to discuss the Community
Pride Fair held on July 4, 1994; present the existing plans for the Community Pride Fair to be held on
July 4, 1995, and offer options which the Council may wish to consider for sponsoring a Community
Pride Fair in future years.
BOARDS/COMMISSIONS RECOMMENDATION: At a special meeting of the Cultural Arts
Commission, held on February 22, 1995, the Commission moved (8-0-1 [Walker absent]) to:
1. Reject all listed staff options; and
2. Recommend that the City run one Festival to promote community pride through cultural arts, to
include business, community groups, and schools.
STAFF RECOMMENDATION: That the Council:
1. Support Option #1 to continue to combine the Community Pride Fair and the Fourth of July
Fireworks Display event on July 4, 1995; and
2. Direct staff to prepare a budget supplemental report during the FY 95/96 budget process to
discuss and evaluate all funding components of the Cultural Arts Festival and the Community
Pride Fair events to be held in 1996; and
3. Direct staff to re-evaluate the July 4, 1995 Community Pride Fair in terms of its participation and
cost/benefits and return to Council with a report in August, 1995; with the option for the Council
to make a possible budget adjustment in the FY 95/96 budget regarding funding for the
Community Pride Fair on July 4, 1996.
DISCUSSION: At their regular meeting of February 14, 1995, the City Council directed staff to
investigate options for conducting the Community Pride Fair. On April 26, 1994, Council may recall
a similar evaluation of the Fair and other community festivals conducted by the City (Attachment "B").
At that time, staff evaluated the feasibility of combining the Cultural Arts Festival (held in May of each
year) and the Community Pride Fair with the Fourth of July Fireworks event. In addition, staff
considered the possibility of combining the Community Pride Fair with the Fourth of July event, and
identified its associated impacts.
[A-H3 -compride.a13]
/ t ---1
. .-..-......-- .--...--....-.... _______u ---_._,--_._.__.__._--_._-~--
Item /1,
Meeting Date 02/28/95
After considering the staff report, Council directed staff to conduct the Cultural Arts Festival and the
Community Pride Fair as separate events in 1994; and expand the Fourth of July event by adding a
Community Pride theme; and Council appropriated funds to support the Community Pride Fair on July
4, 1994 (Council minutes attached as Attachment "C"). The Community Pride Fair was augmented by
funds from the San Diego Unified Port District ($8,000) to enhance the quality of the professional
entertainment at the event.
Background Infonnation on Past Events: In order to place the origin of the Cultural Arts Festival and
the Community Pride Fair into perspective, it is important to understand the history of both events. The
City conducted a Cultural Arts Festival on May 8, 1993, in and around Memorial Park. This was the
second year that the Arts Festival was conducted.
The only difference in the 1993 Cultural Arts Festival from the 1992 Cultural Arts Festival. was that the
focus of a Community Pride Fair was incorporated into the event's theme. The combined Festival and
Fair had an estimated 8,000 participants.
1994 Cultural Arts Festival - Festival of the Sun. The Cultural Arts Festival in May of 1994 was
conducted in and around Memorial Park and Bowl. The focus of the event was changed from the 1993
event, since the Community Pride Fair was to be conducted on July 4th. The Cultural Arts Festival was
developed to showcase the quality and diversity of the community's artistic and cultural assets. The
Festival of the Sun theme was designed to carry from one year to the next. The event focused on the
culture and folklore of the ancient Mayan, Aztec, and Inca civilizations, and featured thematically-based
musical entertainment, dance demonstrations, children's activities, foods, and art exhibitions. Arts and
crafts vendors participated, as did various community groups providing information to the public. The
Women's Club facility was also utilized, and featured various performing groups and individuals. City
funding for the event ($4,000) was supplemented by booth rental fees, and a grant from San Diego Gas
and Electric. Attendance was estimated at 7,000.
EVALUATION OF THE JULY 4.1994 COMMUNITY PRIDE FAIR: The event was conducted at
Marina View Park during the afternoon and early evening hours on July 4th. The event was publicized
through the Public Information Office and the Parks and Recreation Department. Publicity included
feature articles in the Chula Vista Quarterly and the Parks and Recreation Department's Summer Activity
brochure (combined distribution: 79,000). The City gained additional coverage through the sponsorship
of radio station KyXy, which provided full color posters, and an aggressive radio advertising campaign
several weeks prior to the event. The Fireworks attendance was approximately 18,500 and the
Community Pride Fair attendance was approximately 2,000. Although participation at the Community
Pride Fair was not as high as expected early in the afternoon, numbers increased throughout the day and
evening as more families arrived at the park. Attendance figures peaked during the final hour of musical
entertainment.
The amount of $16,200 in budgeted funds was spent on the Community Pride Fair. This amount does
not include the additional funds expended for staff overtime from various City Departments supporting
the event.
[A-1l3 -compride.a13] 2
Jb-2
-.---."'. - --..--------.-^--" ~-----,-----_.
Item II/
Meeting Date 02/28/95
Plans for the Iulv 4. 1995 Communitv Pride Fair: Since the planning of any major special event is a
lengthy process, planning for the 1995 Cultural Arts Festival, the 1995 Fourth of July Fireworks Display,
and the 1995 Community Pride Fair is currently underway, based on direction given in April of 1994.
Although no substantive financial commitments have been made, staff has made the following plans.
The Community Pride Fair is being modified to integrate events with the Fireworks Display. This would
be accomplished by shifting the entire event schedule approximately two hours later to better
accommodate activities for families, and to provide alternative activities for a greater number of
participants. The event would begin at 3:00 PM, rather than last year's start time of 1:00 PM. All
activities would continue until 7:00 PM. Musical entertainment will be held from 7:00 to 9:00 PM, and
the Fireworks Display would begin promptly at 9:00 PM, as it has in the past.
Based on the fact that participation increased during the last hour of activities (6-7 PM), an additional two
hours of programming is proposed to attract larger numbers of people. Food and beverage vendors
would be encouraged to stay on the site until 9:00 PM as well.
In addition, staff has been working with community volunteers to enhance and expand the Community
Pride Fair with additional activities and events at Marina View Park and "J" Street Marina. Staff plans
to have a number of military vessels docked at the public pier for public tours. A large air-supported
landing craft will also be on display at the "J" Street Marina.
Bayside Park is not being considered for this year's activities, since it is heavily impacted by crowds very
early in the day. Essentially, in order to provide a City-sponsored event in Bayside Park for the 4th of
July, staff would need to begin setting up booths, structures, arenas, etc. in advance. It has been the
habit of the public to come into the area before the 4th of July and "reserve" space for watching the
fireworks. Furthermore, staff security would need to be present to make sure the public does not impact
the area before noon on July 4th. Staff believes this impact on the public would not be desirable. If
Bayside Park is used for activities, it would be necessary to keep the general public from utilizing this
area far in advance.
OPTIONS FOR CONDUCTING THE COMMUNITY PRIDE FAIR: The most challenging issue in
determining whether any of the following options should be selected is the competing demands on the
City's limited cultural arts resources. Over the years, the City has added different arts activities to its
services. Due to resource constraints, a definitive framework for the cultural arts has not been developed
and has resulted in an accumulation of different special events designed to celebrate the City's cultural
richness and community pride. These events include (but are not limited to) Community Pride Fair and
the Cultural Arts Festival.
In order to achieve some efficiencies in special event programming, staff has reviewed options in
planning, organizing and implementing these events. Staff has identified five (5) options for the
implementation of a Community Pride Fair and has identified the estimated fiscal impact of each.
[A-1l3 -compride.a131 3
;j,/3
" ._----.~-..-- ----.-- ----.--.-. _...._.-.~_._- ..u'_
Item Jf¡
Meeting Date 02/28/95
Option #1 - Continue to Combine the Community Pride Fair and Iuly Fourth Fireworks Display
The benefit of continuing the Community Pride Fair on the 4th of July would be to build on last year's
event and strengthen the community pride focus so that the residents in Chula Vista will have an annual
event to celebrate the cultural diversity and array of arts associated with community pride.
However, many of the logistical concerns identified in the April 1994 staff report remain key issues if
the events are combined again this year. Specifically, crowd control, traffic and parking continues to be
problematic for the Police Department. This situation will be exacerbated with the expansion of the
activities, and the change in event schedule. In shortening the Community Pride Fair event times (to start
at 1:00 p.m.), there is a compaction of crowds into a shorter time span, intensified parking needs, and
the flow of people and traffic entering and leaving the event(s).
The appropriated budget for the 1995 Community Pride Fair is $16,200. The City will again be applying
for funding from the San Diego Unified Port District (in the amount of $8,000), which allowed the City
to enhance the quality of the professional entertainment provided.
Following the July 4, 1995 Community Pride Fair, if Council so desires, staff could evaluate the event
in terms of its participation and costlbenefits and return to Council with a report in August, 1995; with
the option for the Council to make a possible budget adjustment in the FY 95/96 budget regarding
funding for the Community Pride Fair on July 4, 1996.
Option #2 - Combine the Community Pride Fair with the Cultural Arts Festival in May
As indicated in the April 1994 staff report, the Community Pride Fair and the Cultural Arts Festival were
combined in the past. The 1993 Cultural Arts Festival was specifically planned and implemented to
encompass both concepts. The event attracted 8,000 people, and featured a mixture of professional and
amateur musicians, artisans, crafters, and a wide variety of community groups. Local schools took part
in the event, as did City-sponsored groups and individuals. The event was conducted utilizing a $4,000
City-funded budget, and donations and in-kind services were estimated at approximately $5,000.
These two events could be combined again, and depending on the level of entertainment and complexity
of the event, the Community Pride Fair funding allocation «$16,200), or a portion thereof, could be
transferred to the Cultural Arts Festival.
However, based on direction from the City Council in April, 1994, planning for the 1995 Cultural Arts
Festival as a separate event is well underway, with a date of May 20, 1995. Since the Festival's planning
started several months ago, combining the two events in 1995 would not be possible. Commitments for
the event have been made with performing groups, the schools, and theme entertainment (coming from
outside the City). A combined event in the Spring of 1996 is, however, feasible. As the Cultural Arts
Festival is not conducted on Port District property, additional Port District funding for the event would
not be pursued.
[A-l13 - compride.al31 4/;_(
---.----.-'^ .--_.~..._._......_- ___ _..'._m .-----".
Item J?
Meeting Date 02/28/95
If Council so desires, staff could prepare a budget supplemental report during the FY 95/96 budget
process to discuss and evaluate all funding components of the Cultural Arts Festival and the Community
Pride Fair events to be held in 1996.
Option #3 - Combine the Community Pride Fair, or the Cultural Arts Festival, with a Downtown
Business Association (DBA) Event
The Community Pride Fair, or the Cultural Arts Festival, could be combined with one of the DBA's large
scale special events that are normally conducted on Third Avenue. Due to time constraints, this option
has not been discussed with the Downtown Business Association for 1995, and their reaction to a proposal
is unknown. It should be pointed out that the first Cultural Arts Festival in 1992 was co-sponsored with
the DBA. The collaborative effort was successful, and the combination of administrative resources (City
staff and the Downtown Business Manager), and shared responsibilities would help reduce the in-kind
contribution of staff time for planning and implementation. Staff believes that a Community Pride Fair,
or the Cultural Arts Festival, combined with a DBA event, could be held for approximately $11,000.
Savings in the amount of $9,000 would be realized from combing events due to the use of community-
based groups at no cost (or a small stipend), rather than the professional, paid entertainment, utilized at
the Community Pride Fair at the bayfront. However, Port District funding would not be available
because Third Avenue is not within the Port District tideland boundaries.
Option #4 - Eliminate the Community Pride Fair
The Pride Fair could be eliminated entirely, resulting in a savings of the entire event budget of $16,200.
The Community Pride Fair is a new event and has not been well-established as an annual event in the
community. By eliminating the Community Pride Fair, staff time in planning and implementation of this
Fair could be invested in the Cultural Arts Festival. On the other hand, the elimination of the Fair would
affect last year's preliminary effort in building an audience to celebrate community pride.
The elimination of the Community Pride Fair could have two scenarios:
a. The budgeted funds of $16,200 would be returned to the General Fund to be used to help
achieve a balanced budget for FY 95/96; or
b. The budgeted funds of $16,200 could be used to partially fund a full-time Cultural Arts
Coordinator position.
The current annual cost of the .50 FTE Cultural Arts Coordinator = $16,314
A 0.75 FTE benefitted Cultural Arts Coordinator =
$32,709 (need additional $16,396 from .50 FTE)
A 1.00 FTE benefitted Cultural Arts Coordinator =
$43,580 (need additional $27,266 from .50 FTE)
[A~l13 - compdde.a13] 5
/6'~Š
"-- ..._~-- ... ...,--'-,.'- ~._-_.- ---.--....-.------ _____._._ .·.0··.·'_.---·-·---....--.--.....-.. . __."_,.".~___.___~.~___
Item /t
Meeting Date 02/28/95
Option #5 - Eliminate the Cultural Arts Festival in 1996
When the Cultural Arts Festival and the Community Pride Fair were combined in May, 1993, it was an
effective event because the two themes are very close in focus. As the City's resources in funds and
staffing are being impacted by budget constraints, a consolidation of the events again, on the 4th of July,
could be a viable solution, and would take advantage of the "built-in audience" of the 4th of July
Fireworks. Staff estimates that there may be approximately $4,000 in funding savings from this option;
as funds will be required to continue to build the Community Pride Fair into a premier annual event.
Some resource savings could occur by not expending staff time and effort on a Cultural Arts Festival in
May.
FISCAL IMPACT: The existing budget for the Community Pride Fair is $16,200. Savings resulting
from each Option presented in this report would be:
OPTION DESCRIPTION SAVINGS SAVINGS
FY 94/95 FY 95/96
#1 Continue to combine the
Community Pride Fair and $0 $0
July Fourth Fireworks Display
#2 Combine the Community Pride
Fair with the Cultural Arts $0 $11,200
Festival in May
#3 Combine the Community Pride
Fair, or the Cultural Arts Fair,
with a Downtown Business $0 $5,200
Association (DBA) Event
#4 Eliminate the Community
Pride Fair $16,200 $16,200
#5 Eliminate the Cultural Arts
Festival $0 $4,000
Attachments: "A" - Cultural Arts Commission Minutes of February 22, 1995
"BI' - Council Agenda Statement dated April 26, 1994
"C" - Minutes of the April 26, 1994 Council Meeting
[A-113 - compridc.a13] 6
)6-1-
------ _ _0" "..~__.__M .__._____..._"..________"____~_
Attachment A-I·
DRAFT
-DRAFT-
MINUTES OF THE
SPECIAL MEETING OF THE
CULTURAL ARTS COMMISSION
Wednesday, 4:30 p.m. PSB Conference Room #1
February 22, 1995 City Hall
*******************
CALL MEETING TO ORDER
ROLL CALL
MEMBERS PRESENT: Chair Scott (arrived late), Commissioners McAllister, Pelayo, Souval,
Virchis, Wheeland, Cernitz
MEMBERS ABSENT: Commissioner Walker
STAFF PRESENT: Staff Liaison Gates, Shaw
1. NEW BUSINESS
- Evaluation of the Community Pride Fair Special Event
On February 14, 1995, Council directed staff to prepare a report evaluating the Community Pride Fair
held on July 4th, and propose options for conducting the Community Pride Fair in the future. Council
requested that the Cultural Arts Commission review the report and make recommendations.
Staff distributed a report which discussed the 1994 Community Pride Fair, outlined the existing plans for
the 1995 Community Pride Fair, and offered options for the Commission to consider for conducting the
event in future years.
The Commission reviewed the report and rejected all the options offered:
MSC [Virchis/Cernitz] 6-0 (Scott not yet present, Walker absent) to reject the option to continue to
combine the Community Pride Fair and the July Fourth Fireworks Display.
MSC [Cernitz/Pelayo] 6-0 (Scott not yet present, Walker absent) to reject the option to combine the
Community Pride Fair with the Cultural Arts Festival in May.
MSC [Cernitz/Souval] 6-0 (Scott not yet present, Walker absent) to reject the option to combine the
Community Pride Fair, or the Cultural Arts Fair, with a Downtown Business Association (DBA) event
J~'.?
------....-.-----,. -.--..... __'_H_
Attachment A-2
DRAFT
MSC [Pelayo/Wheeland] 6-0 (Scott not yet present, Walker absent) to reject the option to eliminate the
Community Pride Fair.
MSC [Souval/Cernitz] 6-0 (Scott not yet present, Walker absent) to reject the option to eliminate the
Cultural Arts Festival.
The Commission formulated an additional option as their recommendation:
MSC [CernitzlWheeland] 7-0 (Walker absent) to recommend that one festival be conducted that promotes
community pride through the cultural arts, to be inclusive of businesses, community groups, and schools.
Meeting was adjourned to the next regularly scheduled meeting of March 14, 1995 at 5:00 p.m.
/t r~
----.---- "..---.. ----" _______....._..___n..___ .
Attachment B-1
COUNCIL AGENDA STATEMENT .
Item
Meeting Date 4/'M194
ITEM 1TILE: Resolution Appropriating $12,200 to support the expansion of the
Community Pride Fair, and evaluating the City's Community Festivals
SUBMll n:.u BY: Director of Parks and Recreatio.e:..
REVIEWED BY: City Manager (4/Stha Vote: YcaL No_>
On April 27, 1993, the City Council directed staff to complete an evaluation of the 1993 Cultural Arts
FestivaVCommunity Pride Fair and Fourth of July FlJ'cworks event, to determine the feasibility of
combining the two events in the future. On January 4, 1994, Council directed staff to develop a
recommendation for the necessary staffing and resources to conduct an International Friendship
Festival. This report evaluates the 1992 and 1993 Cultural Arts Festivals, and the 1993 Fourth of July
Fireworks event, discusses similar events that are conducted by other cities in San Diego County, and
analyzes the impacts of combining both.
RECOMMENDATION: That Council:
1. direct staff to conduct the Cultural Arts Festival entitled "Festival of the Sun" and Community
Pride Fair as separate events in 1994, and expand the Fourth of July Event by adding a
Community Pride theme;
2 appropriate $12,200, in FY 1994195 to support the expansion of the Fourth of
July/Community Pride Fair; and
3. support integrating both events (Cultural Arts Festival and Community Pride Fair) with the
Fourth of July Fireworks event for future years
BOARDSICOMMISSIONS RECOMMENDATION: On August 10, 1993, the Cultural Arts
Commission voted to recommend that the Cultural Arts Festival and the Community Pride Fair
continue to be conducted separately. Similarly, on August 19, 1993, the Parks and Recreation
Commission voted unanimously to recommend that the two events be conducted separately.
On January 17, 1994, the International Friendship Commission stated they were not interested in
planning and implementing a large special event However, they supported the concept of
incorporating some of the components of an International Friendship Festival into either the
. Community Pride Fair or thç Cultural Arts Festival.
DISCUSSION: On January 25, 1993, during their goal setting session, the City CounCIl requested
that staff explore the possibility of combining the Community Pride Fair with the Fourth of July
celebration (or another City-wide celebration). City staff returned with a report to Council on April
27, 1993, recommending that the 1993 Community Pride Fair be conducted separately from the 1993
FlJ'cworks event, since planning and date selection had already been completed for the 1993
Community Pride/Cultural Arts Fair. Council approved the recommendation, but requested staff to
evaluate both events, and return to Council with a report making a recommendation for combining
the events in future years. In somewhat related action, during their meeting on January 4, 1994,
.,.,-.,"1..... ". ~
/ t/ ~7
-~~.._._~------~_.~---~-----~-~ -.--
Attachment B-2 Item
Meeting Date 4/12194
Council directed staff to develop a recommendation for the necessary staffing and resources to
conduct an International Friendship Festival. The following information is some background on the
history of festivals conducted by this Department, an evaluation of the 1993 Fourth of July
celebration, and a summary of the City of El Cajon's International Friendship Festival.
Historv
1992 Cultural Arts Festival: In response to a growing community interest in the Arts, the Cultural
Arts Commission and City staff organized and implemented the first Cultural Arts Festival in May
of 1992 The central theme of the event was a celebration of the City's cultural diveRity. The focal
event of the Festival was a special event conducted along Third Avenue, between "E" and "G" streets.
The street event included three stages featuring musical entertainment, and dance demonstraûons
by a wide variety of ethnic groups, along with art displays, arts and crafu vendoR, and vendoR
featuring various ethnic foods. A children's activity area provided arts-related activities for
youngsteR. The overall attendance at Arts Festival was estimated between 5,000 and 6,000. Funding
for the Festival came from a number of sources, including $4,000 from the City. The Cultural Arts
Commission assisted the Department in securing a number of donations from organizations wishing
to support the Festival. Approximately $ 11,000 was received in donations and in-kind services beyond
the $4,000, which Council approved to fund the event. Based upon community and Commission input
and the level of public attendance, it appeared as though this was a successful event.
1993 Cultural Arts Festival - A Celebration of Community Pride: In light of the sua:ess of the 1992
Cultural Arts Festival, the Department, in cooperation with the Cultural Arts Commission decided
that another festival should be held in 1993. However, this particular festival incorporated a
Community Pride Fair concept. The Cultural Arts Commission voted not to become involved in the
day-to-day planning and implementation of the 1993 Festival. This acûon was attnDuted to the
immense amount of time the Cultural Arts CommissioneR devoted in making the 1992 Festival a
success.
The 1993 Festival was broadened and slightly modified from the previous year. For c:ømple, the
event site was concentrated in the immediate area of Memorial Park. In addition, there were events
at both indoor and outdoor venues, utilizing Parkway Gym, Parkway Community Center, and the
Women's Cub, as well as Memorial Bowl and the surrounding park. Three activity stages were
programmed throughout the day, featuring musical entertainment, dance demonstrations, and other
activities and performances. The number of art displays was increased by approximately 50%, and
several artisans demonstrated their respective trades on site.
The success of the 1993 event was demonstrated by the level of interest, involvement, and diveRity
of the participants. For example, the number of community groups, both non-profit and for profit,
greatly increased at the 1993 Festival. Several City departments also provided informaûonal booths
at the event. Attendance at the event was Cltimated between 7,000 - 8,000. Further, the Festival
attracted and involved a diverse ethnic mix of participants and SpectatOR. The 1993 event was
supported by funds from the Community Pride Fair ($4.000), donations from the private sector and
inkind services amounting to apprœimate" SS.OOO.
1993 Fourth of July F"øeworb: The 1993 Fourth of July Ftreworks event was a great success.
Participation rates were estimated between 15,000-20,000 people. SpectatoR began arriving at 5:30
AM and "claiming" picnic spaces. Parking lots in all bayfront parks were filled to capacity by 10:30
AM, as was available on-street parking tbroug~out the area. The Rohr Industries parking lots which
-
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)¿' '/ tJ
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Attachment B-3
Item
Meeting Date 4/12J94
served as overflow parking were half filled by mid-afternoon and to capacity by show time. A\1
available picnic and grass areas were being utilized by 2:00 PM. The heaviest impact of vehicles and
pedestrians started at approximately 6:00 PM, and continued until 9:00 PM. Traffic was extremely
congested immediately following the event, as some 4,000 vehicles exited the area. To ease the
congestion, the Transit Division shuttled approximately 4,000 spectators into and out of the area.
IøterDatiolllll Fric:adship Festival in PI Cajon: The City of El Cajon has conducted an International
Friendship Festival for the past three years. The event was financed by the City of El Cajon at a cost
of approximately $20,000. In addition, El Cajon provides a full-time staff administrator to coordinate
and oversee the project, which is two full days in length. This is an interdepartmental event involving
all City Departments taking an active role in the organization and implementation of the program.
The Festival's goals include the involvement of a vast diversity of ethnic groups. At last year's
Fe&tival, there were booths displaying arts, çrafts and food. Additional funding is provided each year
by private donors.
Although there are some similarities between Chula Vista's events and El Cajon's event, each event
is unique. Staff has also presented the Community Pride Fair concept to the International Friendship
Commission. The International Friendship Commission believes that an attempt to duplicate EI
Cajon's event in Chula Vista is somewhat redundant and would detract from both events, in that the
El Cajon event is regional in nature. Staff envisions that a Chula Vista event with an international
Oavor has potential to command county-wide attention, if it is designed with certain unique qualities
rather than being a duplicate of El Cajon's event. To this end, certain components of El Cajon's
International Friendship Festival should be integrated into the City's Fourth of July Fe&tivities and .
Community Pride Fair.
Pros of C'ðmhininl! the Community Pride Fair with the Fourth of Julv
The advantages of combining the Community Pride Fair and the July Fourth celebration include the
fact that a very large çrowd would be attracted to the event site to participate in one or both of the
activities. A Fourth of July/Community Pride Fair event would provide organized activities for
fireworks spectators who normally spend the day entertaining themselves. The addition of organized
and scheduled activities would also draw a larger crowd into the area earlier in the day, possibly
easing the impact of the influx of a large number of people shortly before the fireworks show begins.
Another distinct advantage of combining events would be the reduction in administrative and
logistical planning for the event. The planning and organizational effort involved in producing
successful large scale events is substantial, and the combination of events would decrease the time
involved with this process significantly. City supplies and services could also be combined (traffic
control equipment, no-parking signs, portable toilets, etc.) thus reducing the cost of utilizing these
items for two separate events. Publicity for the events would also be consolidated, and the City
would be able to take greater advantage of radio and print media sponsorship.
Com of Comm";,,. the lñmmumtv Pride Fair witb the Fourtb of JUN
A primary concern of combining the events on July Fourth is the availability and willingness of groups
and individuals to participate in the Community Pride Fair on the July fourth holiday. Groups from
the Elementary school district, high school district, and Southwestern College are typically not active
during the summer months. These groups have played key roles in the success of the Cultural Arts
Festival in the Spring. For example, the School of Creative and Performing Arts from Chula Vista
High School conducted a highly successful Children's Activities area for the past two years at the
.,.,......113(..... It, ~ - 3
)~.//
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Attachment B-4
Item
Meeting Date 4/1W4
Festival. Staff polled a number of the participants from last year's Cultural Arts Festival regarding
their willingness to participate in an event conducted on July Fourth. Of the groups polled (35),
approximately 60% indicated that they would not be willing or able to participate in an event
conducted on July Fourth.
The Police Department has also cxpressed concerns regarding a combined evenL The Police
Department is heavily impacted during the Fourth of July, due to a high law enforcement profile
necessary throughout the day and evening. The Police Department's resources are further strained
due to the Fourth of July holiday being a City Hard Holiday, which entails additional overtime
expenses for regular duty officeß (Thi¡ concern applies to Parks and Recreation and Public Works
staff as well). Fmally, the additional programmatic components of a Community Pride Fair would
require additional funding and staff resources.
Stall RNnmmendation
For this year, staff is proposing two separate events: a Cultural Arts Festival - "Festival of the Sun",
conducted on May 21, 1994, and a Community Pride Fair on July 4, 1994.
The Festival of the Sun would be a multi-faceted, one day, outdoor celebration featuring the art,
culture, and folklore of the ancient Mayan, Aztec, and Inca Mesoamerican civiJizations. Individual
events would feature arts and crafts vendoß, cooking demonstrations, performing arts presentations,
and visual arts exhibitions. The City, in collaboration with multiple agencies, including the performing
arts schools of Kellogg Elementary and Chula Vista High school, would provide diverse opportunities
to celebrate this culture. Children's activities would be centrally located into a special area that would
feature hands-on workshops, games, and a children's performing arts stage. Multicultural
entertainment would be provided throughout the evenL
The Community Pride Fair would be conducted in conjunction with the Fourth of July evenL It is
envisioned that family-oriented activities would be conducted between 12:00 noon and 6:00 PM in
the bayfront area. These activities would include two separate entertainment stages featuring dance
demonstrations and musical performances by a wide. variety of groups, food and beverage conce&Sions,
games, contests, and races, and other related outdoor activities. Loca1 service groups, clubs, and
busin~~$~ would be encouraged to participate in the event, along with professional conce&Sionaires
and entertaineß.
In light of the intense resources expended for the Cultural Arts Festival and the resource needs for
a Fourth of JulylCommunity Pride Fair concept, both programs should be combined. In other words,
the Cultural Arts Festival would no longer be held, effective FY 1994195, and all staff and support
resources would be devoted to enhancing the Fourth of July/Community Pride Fair. The Fourth of
July Fair would then serve as the event to celebrate Community Pride and the City's rich çultural
diveßity.
The $4,000 allocated by the City for FY 93-94 would be used to pårtia11y ofØet the costs of the
Festival of the Sun. Additional funding would be provided by private donations IOlicited by the
Cultural Arts Commission.
City funding for FY 94-95 would be used for the Fourth of July/Community Pride Fair, along with
the additional 512,200 requested in this reporL A breakdown of the additional funds requested is
attached (Attachment D).
",,-IUI_ It. '*J 4
/~ -/;L-
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Attachment B-5
.. Item
Meeting Date 4/12J94
Staff will be approaching the San Diego Unified Port District for partial funding of the event. The
proposal will include the cost of all musical entertainment for the event ($8,000). Port District
funding, however, is not guaranteed at this point, and the budget for tbe musical entertainment is
included in tbe request for allocation.
FISCAL IMPACT: $27,570 was allocated for the 1993 Fourtb of July Fireworks event. Actual
expenditures incurred for the 1993 event was $28,666, wbicb is broken down as follows: Fireworks
$16,500; Barge $1,925; Barricades $491; Portable Toilets $1,159; Shuttle Service $1,350; Police $6,180;
Park Maintenance $600; Recreation staff and supervision $150. It is anticipated that a similar amount
would be required to duplicate last year's event. Staff is requesting an allocation of $12,200 from tbe
unappropriated balance of the General Fund to supplement the activities for the 1994 Community
Pride Fair. This is in addition to tbe $4,000 already approved and budgeted for the Community Pride
Fair.
Attachments: A - Cultural Arts Commission Minutes - August 10, 1993
B - Parks and Recreation Commission Minutes - August 19, 1993
C _ International Friendship Commission Minutes - January 17, 1994
D - Projected Budget2
...v-'U April21. ''''J 5
/6 ~/:;
---- - --~- ----- - - - ---- - -- - -- - -- - - ---------,._._-----~._,,-----"---
.
Attachment 8.-6
CUltural Art. commies ion 3 AUqu5t 10, 1993 -
Keetin;5 Kinutes ..~
,
citizens,' not to exceed $2,000 and Ks. Ables actin; as the
commi.sion liaison.
\
c. IIALU. Conference swmary - 'lhls ite. vill be continueð.
s. ItEW aUSINESS
.
a. .eport on C01U\unlty Pride Fair
city council dlrected .taff to lnvesti;ate vays to Incorporate
the community Pride Fair vith the Fourth of ~uly activities.
Itaff .valuated both events and vill be preparing a ~eport
that vlll be forwarded to council~
'KSUC tOU.lao\Torres) '-0 (MS. ~na left the .eetin;,
KcAlllster absent) ~eco.-ended the Co.-unlty Pride Fair and
Fourth of ~uly festivities be conducted 's two .eparate
events, and not be comblned Into a .1n;le .vent.
t. SUS-COMMI'1"1'EE !lEPORTS
a. 'the aðminlstratlve VUide11nes for ~e Gayle Mccandli.s Art
. Awards vere reviewed by the C01l\Jllbdon. The Arts Awards will )
be presented annually at the Annual .eautification Awards ."
.anquet in the .prln; of aach year.
An invitation to participate vill be extended to .eabers of
school. or or;anlzations - as a vroup or individually - to
subm1t no.lnations for conslderation. A perpetual fund has
been established to reco;nhe and provld. _Çlnetary aupport who
_ake .ubstantial contributions to the arts In the city of
Chula vista. .
1 'the ori91nal Ad-Hoe commlttee vill be dlsband and there vl1l
be e panel to _ake the .electlons. 'lhe panel vill condst of
a commisslon .ember, one·Mccand11s. fa.ily .ember and three
o01U\unity .eabers.
lave our .culpture Project .. .
1».
Marlo Lara and David .i~ardson, urban Corps of .an oie;o,
introduCed .ave outdoor sculpture CSOS) Project. 'lhe Project
i. a national volunteer effort that 18 beln; sponsored through
the .atlonal MuseuII of ,..erican Art (l.ithsonianInstltute)
and the.ational Institute for the Conservation of cultural
Property.
. 105 i. a jolnt project desl;ned to .stabllsh a thorou;h bas.
of inforaation focudn; attention on. pr..ervln; outdoor
sculptures. arochureS and fact sheets vera distributed to the.
.
. )b ~/¡j
-1_ -
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. Attachment 8-7
:pARKS AND RECREA110N ex>MMISSION PAGE S
, AUGUST 19, 1993
-
. Commissioner Han .... e1eáed by c:oøsc:nsus.
Co OoP>munity pride FesliYa1l4th of July
.
- Deputy Director Sby out1iDed the situation &fYin& the pra5 and cons of boldin& the event5
.tDðel' aDd aeparately. .
. .
Motion to aupport staff's recommendation to operate the QmuDunIty Pride Fair aDd the 4th
of July Føeworb CYent5 IS two separate and unique event5. .
MSUC SANDOV AI,ÆRNANDEZJCA]U'EN'I'ER 7.0 .
4 Bond kt (CALPAW)
Chair Helton aplained the focus of CALP A W94. the CaUfonlia Parb and Wildlife Initiative
and uked aD)'One who is interested in .or1dn& for lipature to take action on it.
Commissioner Willett ltated that memben of the Otay VaDey Jleponal Park Citizens
Advisory Committee are currently .orkin& toWIJ'd obtaiDin& sipatura.
Director Valeaøela aplained to the Commission what CALP A W means in tenDS of positive
financial impatt to the City or QuIa Vista. potentially S2.8.
l
Motion to approve CALP A W in concept.
MSUC ALVEYIPAUdA 7.0
"1. COMMUNICA'I10NS
L ""tten ~ftMldence
NONE -
- b. nm.tni~~iðfter·1 Cbtnments
HALL. would lite to ptace "park nnP- 011 the a¡enda [or dr.1oII in September.
.
WD.1ErI' . lee1l that Deputy J)irector Shy and Db~ Va1~"-'·1aave a aood fedin& for
what 1& JOiftJ 011 in &be commlØlÍty· . .
SANOOV AL . MastioDed ..riD¡ about a JlllÜor Bi¡b with . part that 1& ,,--.II for the
future aDd WOII~ .04 dy &be Or"-ioD W _ tIreD r=. ~ u-tatioD 011 this project.
. Tbe I)iredor stated that this p'c.ject 1& in the distaDt future aDd wm be brou¡bt to the
CDmmiaaiOD when the time 1& cber· .
(
.
) ¿. .z.ç
.
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MINUTES OF aEGULAR MEETING Attachment B-8
INTERNATIONAL FRIENDSHIP COKKlSS1ON
CITY OF CHULA VISTA. CALIFORNIA .
3anuarT 24. 1994 . 4:10 P.M.
IlEMBERS pøSENT: .Chairperaon ~aboada, Vice-Chairperaon
...ire~. Me.ber. AlvareS. aaker, Caraan.
~ho.as. McDonald
.
IØMBERS ABSENT: 'leLaHata. .xcu.ed and lAodt, unexcu..d
MINUTES: Correction to tbe ainute. ôf Mo...ber 22. 1993 ar.
under aEPORTS. C. ~.re.a ~bo.a. - ~errJ and Dori. vro~e
. two ch.ck. to tbe IFC fro. tbe Cbula Vi.ta/Irapuato
. Si.ter Cltie. Account. one for 1200.00 fro. tbe
Southern Californl. Sl.ter CltT As.ociation and one for
1763..' fro. the ~S/Mexico Si.ter CitT A..ociation.
~he.e vere for conference. ve participat.d in.
Mse (Car.an/Baker) ~o accept the .inut.. a. corr.cted.
Vote: Ye.: Alvares. aaker, Car.an, McDonald.
aaaires. ~aboada. ~bo.as
Absent: DeLaMata. þodt
»ue to .ev.ral lue.t. pre.ent the order of the alenda va. . _J
chan,ed.
a07 potter ,ave a pr..entation about a citJ in Albania that be
bas been involved with and 1. int.re.t.d in .tartinl a link or
.ister citJ prolra. vlth the..
30hn Gate. . Felicia Shaw fro. the Park. and a.c Depart..nt vere
in attendance in reference to the CitJ Council a.f.rral,
International Fri.ndship Festival. ~be International Fri.ndshiP
Festival has be.n r.f.rr.d to the Park. and R.cr.ation Depart.ent
a. the lead d.part.ent. 30hn and F.licia pr...nt.d vhat theJ are
puttln, tOlether vith the Cultural Art. Co.-i.sion and .aid aaTbe
v. could all work to..th.r on the F..tival of the Sun.
. .
~h. IFC M..b.r. tb.n told 30bn . Felicia bow this all...· about.
It va. .ev.r the idea of the IFC to bav. an Int.rnational
Frl.nd.hlpF..tival, it va. at the r.,u..t of the CltJ Council
....b.r. that on. va. look.d into. ~b. IFC do.. not f..l th.J
bav. tb. aan pow.r, ti.e or 8On.J to put on .n Int.rnational
Friend.bip F..tival.· ~b. IFC ,.el. that the 120.000 vould b.
bett.r .p.nt if li..n to th. C\aU,ural Art. for a f..tival and l.t
th.. hire .o..on. to plO11 it and be in char,e. ~h. IFC alao
f.el. the CitJ of Chula Vl.ta n..d. it. own id.ntitJ rath.r then
duplicatin. what anoth.r cit7 i. doin..
'l'hfl r.u1t.ural Art. Co_i..ion ..... to bav. a lood plOll and I
tro,r.. in th. vork. and th. IFC vould lik. to ... th.. 10
orwarcS vi th their plan.. .
-
. /~ ~/ ~
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Attachment B-9
Attachment D
PROJECTED BUDGET
COMMUNITY PRIDE FAIR
SI'AFF SERVICES
Parks Division Staff
Delivery, set-up, tear down and removal of stages, tables, chairs $451
Trash control/restroom maintenance $253
Recreation Division Staff'
Recreational Leaders to conduct activities $915
Planning and event supervision $1,014
Police
Crowd and traffic control $1,200
Public Works
Electrician $232
SUPPLIES & OTlŒR SERVICES
Shuttle Bus Service in Bayfront area $175
Generator Rental $700
Sound System Rental/Sound Technicians $600
Recreational Supplies $250
Canopy Rental $200
- Miscellaneous $50
Portable Toilets $160
ENTERTAINMENT
Four (4) Musical Groups ($3,00012,500/1.500/1,000) $8.000
Professional Entertainers (musicians, mimes, jugglers) $2.000
TOTAL $16,200
-
/¿ -')7
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Attachment C Minules
April 26, 1994
Page 9
8. RESOLUTION 17466 APPROPRIATING $12,100 TO SUPPORT THE EXPANSION OF THE
COMMUNITY PRIDE FAIR, AND EV ALUA TING THE CITY'S COMMUNITY FESTIVALS - On 4/27/93,
Council directed scaff to complete an evaluation of the 1993 Cultural Arts Festival/Community Pride Fair and Fourth
of July Fireworks eveot to determine the feasibility of combinina the two eveots in the future. On 1/4/94, Council
directed scaff to develop a recommendation for the necessary staffina and resource¡; to CODduct an Intemational
Friendship Festival. The report briefly eValuatcli the 1992 aDd 1993 Cultural Arts Fellivall, aDd the 1993 Fourth
of July Fireworks event, discusses similar events that are conducted by other cities in Son Dieeo CoUDty, ODd
analyzes the impacts of combining events. Scaff recommends approval of the resolution. (Direclor of Parks aDd
Recreation) 4/Sth's vote required.
Mayor Nader questioned whether the staff recommendation and commission ftIC(Uft......clations were the aame.
. SUZaDlle Ramirez, representine the International Friendship Commission, clarified that the report indicated
that the IFC bad been presented with the idea of the community pride fair and that bad not been brouabt to them.
Therefore, any comments ÍDcluded reaardÍDa a position by the IFC were improper. A staff person did present
information on the Festival of the Sun and the IFC was in support of that. The IFC was ÍDterested ÍD cIoÍDg an
International Friendship Festival, but due to the budget and lack of scaffine they were Dot able to do so. Sbe asked
that Council assign the IFC part-time support as was done for the Parks &. Recreation Commission. Sbe agreed
with the concerns expressed by the commission and Police Department.
MS (NaderlRinclone) to appro.e stafT recommendaûons Nos. 1 &. 2 - 1) direct staff to conduct the Cultural
Arts Fesûval enûtled "Fesûval of the Sun" and Community Pride Fair.. separate events in 1994 and expand
the Fourth of July event by adding a Community Pride theme; and 2) appropriate $12,100, in FY '3194 to
support the expansion nf the Fourth of July/Community Pride Fair.
Councilmember Moore stated be bad a problem with appropriations beÍDa brouabt ÍD mid-year, all proarams should
compete within the budFt process. The idea was aoad, but advanced plannina aDd budaelÍDa was also aood,
therefore be could not support the motion.
VOTE ON MOTION: approved 4-1 with Moore opposed.
... Counålmember Rindone left the meeting at 7:25 p.m. ...
Ms. Ramirez scated the IFC did not bave a clear ÍDdication of what Council was tJyÍDa to acbieve. They felt their
responsibility was to dealt with anything that deal with intemational relations aDd did DOl believe that Community
Pride fell within their responsibility. They would Deed a years lead ûme ÍD order to do aDything similar to the
International Friendship Festival sponsored by the City of EI Cajon. They did Dol WaDt aDY responsibility for
anythina that would be done in July.
Mayor Nader scated Council was not asking the IFC to do anythina, but was seek.ioa their recommendation. It was
bis understandÍDa that without assianment of staff to the Commission it would Dot be adviaable to proceed with that
type of festival. In the cumot fiscal climate be did not know if that would bappen.
Councilmember Moore did Dol feel staff was designed to do sucb an event, the commissions wac DOl designed to
do a lot of major events, aDd if they did not bave key volunteers ÍD addition to commissioners that staff bad to do.
He questioned whether Council needed to take action on the resolution.
City Attorney Boo¡aarcI responded the resolution addressed all three recommeaclations. SÍDce Council took action
011 Recommendations 1&.2 by the oetrn"ry votes, Council did DOl need to take action 011 the resolution.
Mr. Valemuela questioned if action by Council meant that they aupported the ÍDtelf'BÛon of both festivals.
Mayor Nader stated that Council did Dot cake action to ÍDteple the festivals, they would remaÍD leparate with no
additional festival.
-
/"i~
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COUNCIL AGENDA STATEMENT
Item )7
Meeting Date 0212R/95
ITEM TITLE: Report: Zoning Administrator review of Conditional Use Permit PCC-93-
39 for Short-term, Transitional Housing Project for Homeless Families
(Casa Nueva Vida) Located at 31 Fourth Avenue
SUBMITTED BY: . . tJ/¿
Director of Planmng), .
REVŒWED BY: City Manager ~~l, (4/5ths Vote: Yes~oX)
The Conditional Use Permit for Casa Nueva Vida, located at 31 Fourth Avenue, was approved
by the City Council on Iuly 13, 1993 (see Exhibit B) and commenced operations on December
16, 1993. One of the conditions of approval calls for a noticed review by the Zoning
Administrator with a report to Council following the first and second years of operation. This
report presents the results of the first annual review.
RECOMMENDATION: That Council accept the report.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Rxi~tinE Site C.haracteri~ti("
The 18,000 sq. ft. site (see Exhibit A) currently contains an existing 9,412 sq. ft. multi-family
residential structure consisting of 14 apartments. The site also contains 18 parking spaces along
the eastern side of the parcel. A courtyard is at the center of the complex with dwellings on either
side on the north and south. Pedestrian access to the site is from Fourth Avenue, while vehicles
access the 18 parking spaces to the rear via an access easement from the north off of Fourth
Avenue.
Zoninr: and T ",nd TJ~e
Zoninr: T ",nd TJ~e General Plan
Site R-3 Apartments Med-Hi (11-18 du/ac)
North R-3/CCD Apartments Med-Hi (11-18 du/ac)/
Commercial
South R-3 Apartments Med-Hi (11-18 du/ac)
East R-3 Apartments Med-Hi (11-18 du/ac)
West R-3 Eucalyptus Park Public/Quasi Public
17'/
__ __ _~_,_.u_._ --.,,',.-,-----'-
Page 2, Item I')
Meeting Date 02/211/95
Compliance With the Condition~ of Approval
The Conditional Use Permit (Resolution No. 17165 - Exhibit B) lists eight conditions of approval.
These are listed below along with how SBCS has complied with each condition:
1. Comply with and implement all requirements of the Chula Vista Municipal Code and
applicable Fire Department and Building Department requirements, as appropriate.
Compliance' To date, no building permits have been required for any of the work done
at 31 Fourth Avenue. There was an inspection by the Fire Department performed on
5/12/94 and no violations were noted.
2. Prior to occupancy, submit the rules for residency to the Director of Planning for review
and approval, and maintain compliance throughout occupancy.
Compliance' SBCS submitted the rules for residency, required pursuant to this condition,
which were approved by the Director of Planning (see Exhibit C). To date, SBCS has, to
our knowledge, complied with the rules.
3. Perform a study of and implement a solution to the potential courtyard drainage problem,
to the satisfaction of the City Engineer.
Compliance· In a letter dated Ianuary 20, 1995 (Exhibit D), SBCS stated that water that
some of the water that previously drained from the roof has been diverted so that it drains
to the front and sides of the complex. The concrete walkways in the courtyard were also
grooved so that water will not pond but instead drain into the flower beds or to the outside
of the complex. The flower beds were also cleaned out and dug down three inches by
volunteers to allow better seepage into the soils. The recent rains have not caused flooding
in the courtyard area as a result of these improvements, as has happened in the past with
less severe storms.
4. Transport all school aged children to their current school of attendance. In the event a
child must attend a school within the Chula Vista Elementary School District, said child
shall attend the school determined by the District, based on space availability.
Compliance' SBCS reports that volunteers with vans and cars transport children to their
respective schools each day. According to SBCS, children moving into the Chula Vista
Elementary School District are placed in schools specified by CVESD.
17~..2
--...-......-. ---.--..-,-.--." -... --,-,._~"-- --- -- _.....,-_._._....-_..~---_._._,_.. -----~--
Page 3, Item~
Meeting Date 02/2R/95
5. Implement the suggestions of the Chula Vista Police Department security survey dated
May 14, 1993, in order to enhance the security of the facility.
C.ornplianc.,,· The memo dated 5/14/93 from the Crime Prevention Unit to the Planning
Department recommended the replacement of all deadbolt locks with an electronic locking
system. SBCS did this in response to the 5/14/93 memo.
6. This permit shall be subject to any and all new, modified or deleted conditions imposed
after approval of this permit to advance a legitimate governmental interest related to
health, safety or welfare which the City shall impose after advance written notice to the
Permittee and after the City has given to the Permittee the right to be heard with regard
thereto. However, the City, in exercising this reserved right/condition, may not impose
a substantial expense or deprive Permittee of a substantial revenue source which the
Permittee can not, in the normal operation of the use permitted, be expected to
economically recover.
C.ornplian",,· Compliance with this condition by SBCS comes into effect with "new,
modified or deleted" conditions of approval. Since none are proposed to be changed,
deleted or added at this time, Condition 6 does not apply for purposes of this review.
7. This conditional use permit shall become void and ineffective if not utilized within one
year from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code. Failure to comply with any condition of approval shall cause this permit
to be reviewed by the City for additional conditions or revocation.
C.ornpliance· SBCS occupied 31 Fourth Avenue on December 16, 1993. Therefore, this
condition does not apply since the conditional use permit was "utilized within one year
from the effective date thereof. "
8. This conditional use permit shall be reviewed by the Zoning Administrator at the end of
the ftrst and second years of operation following occupancy with written report to the City
Council. Notice of the review shall be given to all property owners within 1,000 feet plus
any residents who submitted letters or spoke at the public hearing. The Zoning
Administrator may refer the permit to the Planning Commission for public hearing if the
Zoning Administrator determines there are reasonable grounds to revoke, modify existing
conditions, or add additional conditions. Following the two year period, the permit will
no longer be subject to this special annual review requirement, but only normal City
monitoring.
C.ornplianœ Staff mailed the attached notice of this review (Exhibit E) to those specified
in the condition, and also published a notice in a local news paper.
17--3
-.-----...------...- --~..... - ---~-_.._,._---- --,------~---
Page 4, Item )7
Meeting Date 02/211/95
In response to the required notice, the Zoning Administrator received four letters of
opposition/concern and five letters and one phone call of support for Casa Nueva Vida.
The following is a discussion of these responses, as well as a review by the Police
Department.
R~spons~s to R~qll~sts for c.omments and Notices'
1. Police Department comments.
In response to a request for comments, the Chula Vista Police Department has provided
a list of Calls for Service and Crime/Incident Reports in a memo dated 12/6/94 (Exhibit
F). The memo concludes: "The above listed CFS and Crime Incident reports are not of
an unusual amount for any multi-family units within a 17 month period of time. The
[CVPD] patrol division watch commanders do not recognize this location as a problem
area. "
2. Comments in Opposition.
The letters opposing the project were received from two people (Exhibit G). The issues
from those letters, along with responses, are listed below:
Minimal landscaping in the courtyard
Response· According to SBCS, they were working with someone to landscape the interior
courtyard at no cost, but this person died before the plans were complete. At present, they
are working to obtain play equipment for the courtyard. Once this is lined up, a landscape
plan will be drawn up. It is expected that this will be completed by this summer.
It should also be noted that the courtyard is enclosed and not visible to the public.
Seatainer in parking lot
Pay telephone on the east end of the southern building adjacent to the parking lot
Respons~· The Planning Department contacted SBCS regarding the seatainer and
telephone. The seatainer has been removed altogether and the telephone has been relocated
to within the interior of the courtyard.
An increase in crime
An increase in graffiti
Respons~' Please see Police Department comments with respect to the crime issue. With
respect to graffiti, staff inspected the property on February 1, 1995, and found no graffiti.
Also, SBCS related to staff that graffiti is cause for dismissal from Casa Nueva Vida under
regulation 11 - 'Theft and vandalism are prohibited'. When graffiti is found on the
17~'I
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Page 5, Item ~
Meeting Date 02/2R/95
property or is found nearby, it is reported to the City's Graffiti Hotline and eliminated
promptly, according to SBCS.
Lack of job training/referral
Response' The Community Development Department states in their 2/14/95 memo
(Exhibit H) that any families that need job training are referred to such agencies as the
MAAC Project, Episcopal Community Services and Lutheran Social Services. lob
training is not forced on the residents, but for those who choose to enroll in a program,
these agencies assess the needs of the individual and the skills of the family members. If
training is needed, they are provided training by the agency or directed to appropriate
schools. If they already have a skill, a job search is undertaken to match them up with a
job.
It should also be noted that SBCS' staff assists with resume writing, interview preparation,
dress for success, and other employment preparation measures. Some teenage residents
have participated in SBCS' KIDBIZ youth entrepreneurship program. All this is done off
site to avoid changing and disrupting the residential nature of the complex.
Funding of the facility
Response' Funding for the facility was approved by the Redevelopment Agency and is a
separate issue from the Conditional Use Permit. The Community Development
Department, in another memo dated 2/14/95 (Exhibit I), states "The cost of acquisition
was reasonable given the size of the project, the condition of the buildings and the sales
comparisons. "
Lack of transportation for school children
Response' As. noted above under Condition #4, SBCS reports that transportation is
provided for children to schools.
Unsanitary conditions/lack of a trash bin
Response' A trash bin is located at the northeast corner of the parcel to serve the complex.
This trash bin has been in place since before SBCS occupied the complex.
Loud, unruly people
Shopping carts in the parking lot
Response' SBCS reports that house rules prohibit loud, unruly behavior. Any family not
observing this rule can be evicted. They further report that there have been no reports of
unruly behavior by residents within the complex or by neighbors, with the exception of
the people who wrote the letters attached as Exhibit G.
/7'5'
----,-~-_.~---_--._....._-- -- -'"---.. ~_._----- _ _ __ _,_.__u..,__~_·__,____________··____
Page 6, Item ~
Meeting Date 02/211/95
SBCS is aware of the problem with the shopping carts (which is apparently common to
many of the apartment complexes in the area) but reports that this was a problem prior to
their occupancy and is not related to the facility for homeless families. However, SBCS
has counseled their families regarding the problem and SBCS staff often returns the carts
to their respective stores.
Children from 31 Fourth Avenue playing in the parking lot
Response' Regarding the complaint about children playing in the access easement, since
the residents of surrounding apartment complexes have legal access to the easement and
the children from those complexes have traditionally used this area for play, there is no
way of determining which children mayor may not be from 31 Fourth A venue unless each
child were asked to identify where they lived. This would be difficult if not impossible
to enforce. Neither is this cost effective or practical because each time there were a
complaint about children playing in the easement, a Code Enforcement officer would have
to be dispatched to enforce the condition.
SBCS discourages the children from playing in the easement, but does not strictly prohibit
play because they, too, recognize that this would be extremely difficult to monitor and
enforce. The City could require SBCS to post signs forbidding children playing in the
access easement, which would put the burden of enforcement on the applicant and not on
the City. However, this would require a noticed public hearing and an amendment to the
Conditional Use permit.
By its very nature, the access easement is used only by residents of the surrounding
complexes which does not include the complainant. The residents of surrounding
complexes who use the easement do so on a daily basis and they are aware of the playing
children and the speed bump placed to slow traffic. There have been no complaints from
surrounding tenants regarding this issue.
Also, as noted above, SBCS is attempting to solicit play equipment for the interior
courtyard for their children.
High turn-over in neighboring apartment complexes because of homeless facility
Response' Staff has no independent information on any relationship between the existence
of this facility and a decline in rentership in the neighboring complexes, other than a log
provided by the complainant. The main issue is whether the facility is functioning as a
residential complex as approved, which in staff's opinion it is. The complex is not
distinguishable from surrounding apartment complexes if one walks or drives past it. This
is especially true knowing that SBCS has no offices or activities at 31 Fourth A venue that
would attract anyone from outside the complex.
/7'/'
--." .._n.. ------ ---.-- -'-~-----_.'. ~_._---_.__.~---,--,.-.__.,~.-
Page 7, Item 17
Meeting Date 02/211/95
inception and a USC representative was present at the luly 13, 1993 City Council public
hearing and spoke in favor of the project.
All those supporting the project believe it is providing a valuable service to the South Bay
because there is a lack of housing for homeless families in this area of the county and
because SBCS provides other services such as training, counseling and job referrals for
those residing at 31 Fourth Avenue.
Please also see the statement from SBCS regarding the annual review, attached as Exhibit K.
Those submitting comments in support or opposition to the project have been notified of the
Council meeting at which this report will be considered.
CONCLUSION: The Zoning Administrator has concluded that the facility is operating as
anticipated and in accordance with the conditions of approval, and that there are no "reasonable
grounds to revoke, modify existing conditions, or add additional conditions" (see Condition #8
above) . Therefore, this review was not scheduled for a public hearing before the Planning
Commission. This report is for Council's information only.
FISCAL IMPACT: The City has absorbed all costs associated with the first annual review of
PCC-93-39.
Attachments:
Exhibit A: Locator Map
Exhibit B: Resolution No. 17165 & Minutes from luly 13, 1993 CC Hearing
Exhibit C: Rules for Residency
Exhibit D: Letter dated lanuary 20, 1995 from SBCS re: Resolution of the Drainage Problem
Exhibit E: Notice Mailed to Area Residents
Exhibit F: Chula Vista Police Department Memo dated December 6, 1994
Exhibit G: Written Responses to the Notice Opposing Continuance of Facility for Homeless
Families at 31 Fourth Avenue
Exhibit H: Memo dated 2/14/95 from Community Development addressing job training
Exhibit I: Memo dated 2/14/95 from Community Development addressing funding
Exhibit 1: Written Responses to the Notice Supporting Continuance of Facility for Homeless
Families at 31 Fourth Avenue
Exhibit K: Statement by SBCS Regarding the Annual Review
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RESOLUTION NO. 17165,"1.1. 'coo .
. . "tI"¡~G
. . A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF CHULA
.
, YISTA APPROVING CONDITIONAL USE PERMIT PCC-5I3-39, A
REQUEST TO ESTABLISH A SHORT-TERM, TRANSITIONAL HOUSING
PROJECT FOR HOMELESS FAMILIES AT 31 FOURTH AYENUE IN THE
R-3 ZONING DISTRICT
WHEREAS, . duly verified .pplication for. condition.l use pe",it was f11ed
with the P1.nnin? Dep.rtient of the Cit! of Chul. Yfst. on Aprfl 28, 1993 by
South Bay Commun ty Servfces (-Applfcant ); .nd,
WHEREAS, said .pplfc.tfon requests approval of a conditfonal use per.it
(PCC-93-39) to establish. short-tenD, transitional bousing project for hOleless
families for a ..xilllU11l of 43 residents and one resident ..nager in the R-3 Zoning'
District (-Project-) .t 31 Fourth Avenue (-Project Site-); and,
WHEREAS, the Pl.nning COImission beld a Publfc....ri~ on June 23, 1993
and voted 7-0-0 recOllllending that the City Councf1 approve I ject Project; and,
WHEREAS, the City Clerk set the tf.. and pl.ce for I he.ring on laid
application and notice of said hearfng, t~ether ~th its purpose, was given by
( its publication in a newspaper of general c reulation fn the city and its ..11ing
to ~roperty owners within 1,000 feet of the exterior IMKIndaries of the property
at east ten days prior to the hearing; and, ,
WHEREAS, the hearing was held at the tf.. and glace as advertfsed, ....ly
6:00 ~.m. July 13, 1993 fn the Council Chalbers, 27 Fourth Avenue, before the
City ouncil and said hearfng was thereafter closed; and,
WHERÈAS, the Commission found that the project ~uld bave no sfgnificant
environmental f~acts and adopted the Negatfve Declaratfon and Addendum fssued
on IS-93-36.
NOW, THEREFORE BE IT RESOLYED THAT the Cfty Councf1 of the Cfty of Chula
Vista.does bereby find:
1. That the project wf11 bave no sfl.nfffcant env.froœental t.,acts and adopt
the Negative DeclaraUon and Ad end. issued on IS-1I3-36.
The Cfty CouncU herebr finds that the 'roject ~ll bave no
lignfffcant envfroMenta fllpacts fn that the Prþject does not bave:
A. tile potentfal to .grade the fluaUt¡ .f the envfrollllent,
lubstanUally reduce the laabftat 0 a fish or ~ldlife
lpecfes, cause a ffsh or ~ldlffe populatfon to dro~ below
. self sustafnfng levels. threaten to 8Uafnate a p ant or
Ini..l cCIIaUnity. reduce the nUllber or restrict the range of
. rare or endangered pllnt or Ini..l or 81f.fnate fllportant
examples of the ..jor periods of CIUfomfa history or
preM story.
. y J?~)3
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.. .
Resolution No. 17165 \ ! ,
Page 2 '.- .,
,
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B. The potential to Ichieve short-term, to the disadvantage of \
long term, environmental goals.
,c:. Impacts which Ire individual1y li.ited, but cUlllulatively
. considerlble.
,
D. Effects which trill Cluse substantill adverse effects on human
beings, either directly or indirectly.
The following findings are required pursuant to Section 19.14.080 of the
Municipal Code: .
2.· That the proposed use It the particular 10cltion is necessary or desirable .
to provide a service or faCf1it~ which wf11 contribute to the veneral we11
being of the neighborhood or t e community.
.
The conditional approval of PCC-93-39 at the proposed location is
necessary and desirable in order to provide a service which will
contribute to the general well bein, of the c..unity in that there
is In existing, apartment complex n place, and the service to be
provided by South Bay Community Services wi11 contribute to the
community by providing short-term, transitional housing for hOlleless
l families in the South Bay area. .
3. ,That such use wil'.not, under the circ~tances of the particular case, be
detrilental to thè health, safe~ or general welfare of persons residing .... .'
or workin, in. the vicinity, or njurious to property or illprovnents in
the vicin ty. .
The conditiónal approval of PCC-93-39 trill not, .nder the
i circUlllstances of the particular case, be detrilental to the health,
safety or general welfare of persons residing or working in the
project vicinity or injurious to property or illprovnents in the
project vicinity in that the project is residential in nature and
will not negatively impact parking, circulation, services or
residences in the project's vicinity. . . .
4. That the propose¿ use will cGlply with the regulations and conditions
specified in this code for such USe. .
~ The conditional ap¡ronl of PCC-93-39 cOII Ilies trith the regulations
and conditions 0 the Municipal Code in that the ftroject is
conditioned to co.ply with the requirelents of all appl cable City
departllents, tril1 not generate excessive traffic, and trovideS
adequate off-street plrking in accordlnce with the .1annin,
. Coanission detenlinltion, pursulnt to the Chull Vistl MuniciC
. . Code, Section 19.54.050. The Planning C.-ission further finds t It
this is a qUlsi-public use and not en...rated in Section 111.&2, and,
therefore, blsed on staff anllysis, 18 plrking spices is an
. appropriate aIOunt of plrking for this USe.
.-Y /7/)(
.
. . Resolution No. 17165
Page 3
-
.
5. That the granting of this conditional use pe,.it wi11 not adversely affect
the general plan of the City or the adopted plan of any goveMlllent agency.
-
. The conditional approval of PCC·93-39 will not adversely affect the
6eneral Plan of the City of Chula Vista fn that quasi-public uses
. are unclassified, which are anowed fn any zoning district upon
approval of a conditional use penlit.·
BE IT FURTHER RESOlVm THAT THE CITY COUNCIL hereby grants conditional use
pe,.it PCC-93-39 subject to the fo11owing conditions whereby the appHcant shall:
1. Comply with and f.,le.ent all requirelents of .the Chula Vista Municipal
Code and applicable Fire Departlent and 8uilding Departlent requirelents, .
as appropri ate.
. . '.
2. Prior to occupancy, submit the rules for residency to the Director of
Planning for review and approval, and ..intain cOllpHance throughout
_ occupancy.
3. Perform a study of and f.,lement a solution to the potential courtyard
} drainage problem, to the satisfaction of the City Engineer. . .
( 4. " Transport all school aged children to their current school of attendance.
In the event a child ...stlttend a school within the Chul1 Vista
E1ementary School District, said child shall attend the school dete,.ined
"'- by"the District, based on space availlbility.
-
'1; 5. Implement the suggestions of the Chula Vistl Police Departlent security
survey dated May 14, 1993, fn order to enhance the security of the
faciHty.
6. This permit sha11 be subject to any and a11 new, IIOdified or deleted
conditions fmposed after approval of this pe,.it to advance a legiti..te
governmental interest related to health, safety or welflre which the City
shall fmpose after advance written notfce to the Pe,.ittee and after the
City has given to the Pe,.ittee the right to be heard with regard thereto.
However, the City, fn exercisi~ this reserved rt,ht/condition, ..y not
f.,ose a substantial expense or prive Pe,.ittee 0 a substantial revenue
source which the Pe,.ittee can not, in the no,..l operation of the use
pe,.itted, be expected to econOlliea ly recover.
7. This conditional use pe,.it shan beCOlle vofd and' fneffective if not
utf1lzed within one2ilear fOnl the effective date thereof, fn accordanct'
with Section 19.14. 0 of the Municipal Code. Faf1u'" to COIIply with any
condition of approval shall cause this penlit to be revfewed by the City
for additional conditions or revocatfon. .
8. This conditional use pe,.it shan be reviewed by the'Zoning Adlainfstrator
at the end of the first and second years of operation fo11owing occufancy
with written report to the City Council. Notice of the review sha 1 be
given to all property owners within 1,~OO feet plus any residents who
submitted l~tters or .spoke at the~blfc bearing. The Zoning
-~ /7----/~
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.
.
Resolution No. 17165 .
Page 4
,
·
Admin1strator .ay refer the permit to the Planning Commission for public
'hearing, if the Zoning Administrator determines there are reasonable
. ground, to revoke, ~dify existing conditions, or add additional
conditions. Following the two year period, the permit will no lonfer be
. subject to this special annual review requirement, but only nonaa City
~nitorfng. .
That a copy of this resolution be transmitted to the applicant.
Presented by ~rJr'
f¿ ,'~ /Þ
/í' '0;. -
Robert A. Leiter Bruce M. Boogaard .
Director of Planning City Attorney
"' ,
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Minutes
July 13, 1993
\gel0
EXCERPT FROM CITY COUNCIL MEETING OF JULY 13. 1993
21. RJBUC ÆARING cømmONALUSI!PlRMlTf'CX:.93 39; Rl!.QUEST1OISrAlUSHSHORT-
1IIRM 11tANSI11ONAL HOUSING POll ¡anuM ...... 'þ.UltJll.!ll UP 10 POIlTY-I'OUIlJlllallaAT l111OU1lTH
_AVINUI! - SOU'IH lAY œMMUNI1Y SERVlŒS - South Bay Community &.4w.fI JII'OPOIInIID establish
tbort-tmlllnllliliona1 hoUlIn¡ project for homeleu fuúlles for alllUÙllum of forty-I'our tenaDU ill fuúly .
( .'OUJII aDd _ nsident IIIaIIapI' at 111 aiJtin. aparIIDeDt -ria located at 11 'ounb A_ue. The :)
"IIIpIa CIIIIIfItI oftwelw _bedroom IIIÚU and two ~ unllJ. StIff ~ I .-.10 ......v..1 of
dIe.-Jution. (DIrector of P1amIin¡)
ft!IInItrt'lON 17165 APPROVING CXJNDI110NAL USE JIRMIT f'CX:.93 S9. A UQl1l!ST 10
ISTAIIUSH A SHOIlT-'I'I!RM. 11WC11ONAL HOUSING PRO.JI!CT AT 11 POtIlTH AVINUB IN 1Ht 1.-3
JiDIING IIS11UCI'
CouIIcIIIIIember RiDcIone lUted be would abstain frvm panidpation clue 10 poopat)' __4Ip ~ to
Ibe In' aled pnIject.
0IriI SaI_, DheclOf oteommunltyo.veIopment,Rated Counci1 baclleetI the project ill _~.w form
aDd bad eoacept\IIUy approved Ibe fundln¡ for the project which lriuered Ibe applkaticm fwthe CUP. SÞff
ww1d be r ~ back ill die future, poaibly Dat week, 1rith fundln¡ for the ¡nject.
JuID Ñ:rf1JO, HousIn¡ Coordinator, IIatecI the lite _ JIIOI*ed due to jþ -..w" ..~ ID
1à~1.IoIiøa, Iboppln¡, and ncrution. The size of the lite _ manapable II1d the .. of the ¡nject
_ ........,.w lor the Deed and area. The Ielection _ a1so lIMed 011 .-omic lIufbIlity and the
Ialbllity of the le!Ier. The property bad been apprùsed twice at S750,OOO II1d Was beIn¡ otrered below
appniMd YIlue by $30,000. eoncems railed by raidenb opposiD¡ the ¡nject related to «WOØIic Impact.
Imd ... ~"biIity, tnftic. etc. wwe aclcIreued by the CUP and the requiremenb and ~.
,....-ber .. Rated Counci1 bad ncefved a letter ltatinl an I!IR Ihould be œaducted clue " the
iDcnue ill number ofnaidenb from tbiny-I'our 10 forty-four and ~ bow it was ad& 111d by œQA.
~RelcI. Aøociate Planner, lUted the letter frvm Paul Robinlon and a letter of respoIIJe _ iIIduded
CoIInciI'I packet. The one new impact he had not cIiIcIIIsecIat the PIannin¡ Commiøion_ _ and
( .e ftI'ÍOUI depanmenb dlat reviewed Ibe proposal did not feel there _uld be acceu probl......
CoJ...,.¡ "'ember Horton lUted Mr. Robinson'l letter ftfemcllO a problem with drainqe on the property.
. -~ ! 7-- ) I
^ _ "_'__._'n~.___ _.~.."-
Minute.
July 13, 1993
Page 11
\
Ms. Reid stated originally the Mitigated Negative Declaration identified a potential impact from inadequate
drainage in the courtyard area. Staff went on site and the Engineering Department felt there could be a
problem with ponding in the event of heavy rains but was something that could be dealt with easily by
lowering the soil in the landscaping containen. It was not an environmental impact because it was an
existing situation. It was the intention that it be corrected if the CUP was approved.
Councilinember Honon stated it appeared that the puting ratios for the City were better than comparable
projects in Nonh County and questioned whether staff had contacted other cities to lee if there were
problems with the ratios.
Steve Griffin, Senior Planner, responded that staff did contact other jurisdictions and they bad indicated
pneral satisfaction with the puting at the facilities.
Mayor Nader questioned whether the proposed use invo!Yed any increase in density over the aisting use.
It was his undentanding that a CUP was required because Southbay Community Services would be limiting
how long a tenant could remain a resident. ,
Roben Leiter, Director of Planning, responded that it did not involve increued density. A CUP was required
due to the time limitation for ruidents and also because of services that _uld be provided to the clients.
Mayor Nader stated the R.esource Conservation ColIIDIÎIaion had recommended approval on a 6-0 vote with
a condition that there be an annual mriew of the project by the City to amare that ir was complying with
all other conditions. Presumably, that could mean that the CUP could be lftOked if the annual review
showed they were not complying with the conditions.
- f ~ , " . J
( Mr. Griffin .tated that was correct. 'The ruolution contained a condition that bad the roning admini.tratOt·, .
reviewing the pennit on an annual basis. If problems 0CCIIIftCI it could be fœwanled to the ("............ion and .
on to the Council.
" This being the time and. place as advertised, the public bearina was declared open.
Those speaking in opposition of the project and sranting of the CUP due to locadon of project, Afery,
iDcruse number of homeless in the area, and cost of propeny were:
· Barbara Ona, 21 Fourth Avenue, Chula Vista, CA, stated the ponclin¡ was an existing condition on
the roof and not on the property; business and apanment owners should be contacted in trying to help with
the homeless .ituation.
. Ilegina Hickey, 21 Fourth Avenue, Chula Vista, CA, felt the Planning R IOJtwas 6Iled with incon..cr
information. ,
. Paul E. Robinson, 100 Front Street, San Diego, CA, repI uenting Hart. Barbara Klein; Klein PlIDi1y
Trust; Alan and LavoMe Brant; Brant PlIDi1y TNSt, property owners adjacent to the proposed project, stated
they bad many concerns regarding the process. The ~ty of their concerns were with the environmental
process, i.e. a negative declaration. He did DOt feel the concerns raised at the Planning Commission had
been adequately addressed. There would be an iDcruse in intensity of use, a iegular and continuous
turnover of residents, there would be vms and shuttles at the .ite on a resuIar basis, there _uld be many
civic IfOIIPS offerin¡ services at the .ite, and there _uld also be a number of social outreach pro¡rams
visiting the program on a regular basis. 1bose were DOt typical characteristics of an apanment complex and
were not characteristic. of the complex that was CUtmldy there. When added with the fact that, .ince the
apartment complex was COnstnlcted, cin:wnstances and conditions had cbanpcI dnmatically, both of those
dictated that a more thorough environmental process be conducted. There were two luues that should be
focused on: 1) access, the acce.s to the project was by way of a private easement that _d five other
properties and would be a liability for the City; and 2) it was not a good deal for the City.
( Councilineinber Fox stated it was his undentanding that Mr. Robinson was stating the environmental
document was inadequate for two reasons: 1) the increase in the intensity of the use and the uses associated
. - ¿.o-=- J ?-- / r
Minutes
July 13, 1993
Page 12
'. '-')
with the nature of the business; and 2) because the use was changing from aparanenu to the proposed use
and the comequences associated with that use.
Mr. Robinson felt the most imponant item was the characteristics of the present use venus the propelled
use. Staff made many of their decisions on the two uses and that they were 10 similar that there was no
change.
Councilmember Fox questioned whether Mr. Robinson could site in CEQA his reasons why the ezisting
document was inadequate and why the City should go to the ElR process,
Mr. Robinson responded that the argumenu bad been liven in lay terms and be did not have CEQA in front
of him. When there was a change in use and a change in ciraunstances since the original project was built,
CEQA "aiecl" for public input of very detaüed anaiyzation and public input to am the Counc:ü all the facti
necessuy to make an informed choice. If Councü would trail the item he would prepare a brief dtiII¡ the
CEQA sections.
· Truman Brooks, 3404 Bonita Road, Chula Vista, CA, representing Man Klein owner of property
immediately lOuth of the proposal and had access through the easement of the property, stated he had two
areas he wanted to address: 1) value of the subjectpropeny; and 2) the impact of the easement on the value
of the subject property. His analysis suggested that the City was paying a premium for the property in a
nnge from $225,000 to $250,000 over current market values. In a time of fewer doUan to meet pwmment
demands and the distressed market condition it did not appear in the best interel1J of the rItI9..,. to be
CODIidering paying a premium for the propenies. The sn /92 appraisal repon faüed to take into
CODIideration Ibe easement and indicated that the price bad already been negotiated and was a pending
tcroW at the time of appraisal;' It appeared that the intent was to support the price the aty bad negotiated .:)
.ather dIan appraise Ibe property as to in current value. The 2124/93 Letter of Update iDdicated that there
had been no chaDge in the pI'¥J'tÌes value which appeared to be Inconsistent with what bad happened in
the marketplace. It was his opinion that the aty was unnecessarily paying a ¡nmiwn and he felt there
were a number of sellen in Ibe community that would be happy to enter into a CCIIItract with the City at
a men affordable price. He also believed the City could find a JII'óPeI1Y that was DOt fmpKted by an
easement.
Co>I1'..n-hv Foz questioned whether there was anything else wnIftI with the apprùal daœd 2124/93.
Mr. Brooks responded that he did not find any other inconsistencies, it was a complete report. He was not
aware of any aparanent complu that had a simüar easement.
CounciJmember Honon questioned whether Mr. Brooks had taken into __ideration the _1tWO and
cIwacteriatica of Ibe property that were different dIan the sales used for the comparables.
Mr. Brooks responded that he had not, as it would not typically be something that would be CODIiderecI in
an appraisal and would be buyers motivation.
MaJvr Nader questioned whether the City was paying a commission on the property.
Mr. Amtyo responded that the City would not be paying a .......mi..iOD, the seller would pay the _iuion.
· Sylvia Armenta, 330 "D" Street, Chula Vista, CA, felt the north section of the aty had provided their
fair share of community service projects. The community should be weD balanced and all service provicIen
should not be located in just one area of the community.
· Manina Mays, 31 Fourth AWllue #8, OIula Vista, CA, stated she had not been notified of the public
í -'earin¡. She had been informed that the petitions distributed stated the buüclings were Dot occupitcl. She
At the project should utilize an empty buDding. ,I
" ~ J 7~)1
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Minut~s
July 13, 1993
Page 13
I
Mayor Nader questioned the notification area.
Mr. Leiter responded that notices had been mailed to .rl property owners within a 1,000 foot radius of the
property. Speakers at the Planning Commission hearing were also notified.
Mayor Nader stated the petitions received did not make the claim that the buDding wu vacant. It wu his
understanding there was a Council policy that property owners and tenants would be notified of public
hearings.
Mr. Leiter stated it wu staff's understanding that the policy applied to property owners only. Notice was
maned to those that Ipoke at the Planning Commission meeting whic:h included Iewrai tenants.
Mayor Nader requested that staff go back and c:hec:k the policy whic:h he felt bad been instiNted durin¡ the
Ranc:ho del Rey hearings. If after c:becking, it wu stil1 staffs understanding that only the ploperty owners
were to be notified, he wanted the policy agenclized for Council review. It had been his intent that the City .
would go beyond the requirements of the State law.
Coundlmember Honon questioned whether Chula Vista or Southbay Community 5erYiœI would _ist In
reioc:ation.
Mr.. Arroyo ftlponded that the budget proposed by Southbay Community 5erYiœI fnducJed reioc:ation
UlÎltance to address all needs.
· . Joseph Garcia, 484 Fifth Avenue, Chula Vilta, CA, felt the property abou1d be nappraiIed. He
( questioned whether it would be more advisable to establish a fund with the JII'OIIORd funds to belp
indMcIual homeless people. '. J
· Tmy Keith, 67 Fourth Avenue #H, Chula Vista, CA, ltated be bad not been nadfiec of the -œ,. '-
, He felt the \lie of the Navel Training Center should be Inftltipted .. a J*Iible ......tIðn Cor a bœne1_
project.
· Dub Hiw, 161 Fourth Avenue, Clula VIIt&, CA, &It the -m area of CluIa Vista _ ~
with lOc:ial HrYice projects. He also øpressed conmn repnlin¡ lnaused traffic.
· MarœIla Gomez, 135 Guava Avenue, Clula Vista, CA, ltated she did not receive notice of the public:
bearing. She felt the human factors should be con..w-nd. She questioned where the funds were -~
from for the project and the future of the project due to funding constraints. She felt further INdy should
be done.
· Rkardo Aeona, 47 Fourth Avenue #1., Chula Vista, CA, Mmager of Park VIsta Apartments, IIated
In the put two months, after being honest with all his tenants, he had twelve vacancies for AupIt wbic:h
- the bi¡hest he bad In four years. He quationed why the funds could not be used to rent apartments
and lUted they were willing to work with the families regarding deposits. The Mmager at 31 Fourth
Avenue _ .rso opposed to the project but bad been told not to speak.
· Joe D. euill.., 1060 Calma Drive, Clula Vista, CA, Chairman of the Housing AdvIsory Cnmrnirtee,
ltated the HOUling Advisory Committee voted against the project Cor the foUowIn¡ reuons: 1) conWD
repnlin¡ the development of a balanced community; 2) protection of ftliclences of quality of life; and 3)
encouragement of private sector to partidpate In the solution of loc:a1 andresiona1 bousIng ÍIIues and the
cIevelopment of innovative concepts for provision of affordable hoUling.
ColII'rilmember Honan questioned why the CommIttee felt the loc:ation or fac:j ity _ inadequate. She
noted there wu a courtyard on the facDity.
Mr. eum.. responded that there was not an area for c:hDdren and they felt there _ a safety buanI in
croIIing the road to the park. 8IIecI on the Housing Element of the General Plan, they felt north Chula VISta
would be saturated with those types of activities. In doing a fiscal Impact they felt the price for the property
, _ out of range when there were other properties In the community. They.rso felt the amount of research· ,
. ~/?~O
...inutes
July 13, 1993
Page 14
)
done to locate the facility had been inadequate and that the proposal was not creative. The Committee
recommended that a Task Force be fonned to find other property.
Mayor Nader noted it was a seven member committee and a 3-2 vote would indicate no position. Two other
City commissions reviewed the project and voted unanimously for it. He agreed that the long term answer
was to balance such pr:ojectJ throughout the City. Such a facility had been identified as one of the most
prusing needs in the community at the Housing Summit and other properties were mentioned. It was his
understanding that Mr. CasWas was going to check those properties out and repon back to staff.
Mr. Casillas did not feel the taearch went far enough and that one of the better placa to have worked on
it would have been the Resolution Trust Corporation and banks in the area. It was his understanding that
I other properties were now on the market. He felt there was a lot of unfinished business in the Housing
Element of the General Plan.
· Sandrina Taruuck. 149 Fourth Avenue #16, OIula VISta, CA, repretenting OIula VISta Townhouse
Association
· Frances R. Finnerty, 139 Fourth Avenue #7, Chula Vista, CA, repretenting Chula Vista Townhouse
Aøociation
· Ruth Piazzoni, 139 Fourth Avenue #5, Chula Vista, CA, representing Chula VISta Townhouse
Association
· Donald E. Stell, 210 Sea Vale Street, Chula Vista, CA, felt the attendant restrictions on the homeless
families were impossible to implement.
· Marian Nonon, 321 Kimball Terrace, Chula Vista, CA.
· Nancy Bizzani, 4161bird Avenue #10, OIula Vista, CA, felt the ruoIution bad been drafted with
~ 'Vith numerous errors. 0
Thole spealån¡ in IUppon of the project aild CUP were:
· . Maggie Helton, 162 Mankato Street, OIula Vista, CA, Member of the Housing Adviscny Committee,
ltated the project was not duplicated in the community and was Deeded. The JX'OIr&ID was -n pI"'''ed.
dai¡ned for families, and bad definite regulations.
..*.
"~p III at 8:30 '.IlL ad I --4 at 1:44 p.m.
.*.*
Those IpeÙiII¡ in support of the project and CUP were:
· Kathryn Lembo, 315 Fourth Avenue #E, Chula Vista, CA, Eucutive Director ofSouthbay Community
SeMces, save a briefbacqround of Southbay Community SeMces and the project. The project would have
· fuII·time naldent manager and Iel'VÏces would be provided to the residentJ d·.ite. The COlt to the City
in the first year was S2,395/per person, over the first five ,un it would be reduced to S479/per person.
Doaations from private donors exceed $56,000.
, · Dan Mamas, 315 Fourth Avenue #E, Chula Vista, CA, repretenting Southbay Community SeMees,
.ltated four experienced property man&JeDlent companies had been Interviewed and a local JnlUP, Monfrick
Inc., had been chosen. An on-site property manager would be hired md would worlt with a full-time case
mana¡er and ba1f·time proaram director employed by Southbay Community SeMces. He bad meet with Ms.
Maya three times reprclin¡ the project and relocation md bad m~ with tveI)' other family IivIDa there at
\east once and some u many as five times. Southbay Community SeMces was Insuring that all families
would be treated fairly by utilizing the Unifonn Relocation Ad. . Representatives from HUD were usisting
Southbay Community Services with the relocations. Southbay Community Services wu working with
Community Deve10pment staff and County of San Diego, Housing and Community Development staff, to
obtain Section 8 certificates for elilible families. The current facility bad . number of children \iving there
. -"lid there would not be any change when. the project was established. He then reviewed the prosrams that
ould be available for the youth. I
~ ) 7~.2 /
..
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Minuteš
July 13, 1993
Page 15
(
. Councilinember Fox stated the Resource Conservation had approved the project with four recOJIIDIeDdations
and questioned whether Southbay Community Services accepted the conditions.
Mr. Mamls responded that all the issues had been discussed in depth and had been addressed.
· Rich Juarez, 140 West Sixteenth Street. National City. CA, representin¡ the MMC Project, stated
they were committed to providing support services to the project.
· Carolyn F. J. Butler, 97 Bishop Street. Chula Vista. CA, felt a solution could be reached by working
with Bob Casey regarding the project for homeless families.
· Glenn Allison. 3776 Fourth Avenue. Chula Vista. CA, Executive Director of Epilcopal Community
Services. stated they were committed to providing support services to the project.
· Nan~ Servatius. 315 Fourth Avenue IIIE. Chula Vista, CA, spoke in support of the project. She read
a letter from Anita Landrum who had si¡ned a petition apinst the project met wished to let the Councll
know that she had been misinfonned of what the project would be and _ DO Ioopr in opposition.
· Miguel Gonzales. 163 Guava, Chula VISta. CA, stated he had not r«.elww notification of the public .'
hearing.
· Carolyn WDliams. 4446 Vista Nacion Drive. Chula VISta. CA.
· Violetta Ochoa, Sandstone, Chula Vista, CA.
· Wayne Zachery, 275 "C" Street, Chula Vista. CA, stated there _ a Deed for such a service but
questioned whether it _ the best use of the funds available.
Those in support of the project and CUP but not wishing to speak were:
· Maria Martinez, 12254 Broadway 11I412. Chula Vista. CA
· ~ Estela Lemos, 76 OaJdawn, Chula Vista, CA
( · _: Guadalupe Auken, 546 Flower. Chula Vista, CA .
· . Susie Da~. 398 "H" Street, Chula Vista. CA, ftpleMlltin¡ Household Bank ~.
· Emerald Randolph, P. O. Box 17. Jamul, CA, npresentin¡ awIa Vista Human &...i..- Councll
· Brad Burke, 711 Eighth Avenue. San Diego. CA
· Honey Burke, 2048 W. California Street. San Diego. CA
· Lillie Barnes, 1917 Morena Boulevard. Chula Vllta. CA
· Ilobert Lally. 299 17th Street. San Diego. CA, npru-ri'lg Alpha Project
· Zeriesus Ries, no address given.
· Glen Googins. 2360-C Greenbriar. Chula VISta. CA
· Paul Reeves, 1935 Gotham, Chula Vista. CA
· Fred C. Zajicek, S40 Flower Street, Chula Vista. CA
· Jennifer Bruno, 430 Montgomery Street. Chula VISta. CA
· Carlos Amaya, 1515 Hilltop Drive. Chula Vista. CA
· Cesar Canizaks. S68 Jeffenon Avenue. Chula Vista. CA
· Bella Hurbace, 1515 Hßltop Drive. Chula VISta. CA
· Victor Manuel Moreno. 1515 Hilltop Drive, Chula VISta, CA
· Tunra Heaps, 152 Sierra Way, Chula Vista, CA
· Ilobert Etherington. 876 Hazy Glen Court. O1u1a Vista, CA, npresentin¡ IDS Rehabilitation Services
· Michelle Mizeaelin, 1515 Hßltop Drive, Chula Vista, CA
· Desiree Valdez, 1515 Hilltop Drive. O1u1a Vista. CA
· Tamera Myen, 1515 Hßltop Drive, Chula Vllta. CA
· Wayne A. Bruno, 430 Montgomery Street, Chula Vista. CA
· Walt Rhodes, "H" and Fourth Streets, Chula VISta. CA, npresentin¡ Household Bank
· Danah S. Bransford. 966 Paseo Del Paso. O1u1a Vista, CA
· Jack Bransford Jr., 966 Paseo Del Paso, Chula Vista. CA
· Diane E. Nissen. 1405 Nacion Avenue. O1u1a Vista. CA, npresentin¡ Lutheran Social Services
· BoMie Jerome-Edmonds, 580 Hilltop Drive. O1u1a Vista, CA,representin¡ Lutheran Social
ServicelProject Hand
( · Shirley A. Ferrill, 2712 E. 14th Street, National City, CA
· Tom Saxton, 1193 Third Avenue, Chula Vista, CA
~ /7~.:2;)"
.
Mi!lutes
July 13, 1993
Page 16
\ )
· John Iciak, 1193 Third Avenue, Chula Vista, CA
· Alana Wong, 2360-C Greenbriar, Chula Vista, CA
· Martha Pruclhome, 129 Elder Avenue, Chula VÏ$ta, CA
· Rocio Quiroz, 315 Founh Avenue, Cbula Vista, CA
· Linnie Archangel, 4167 Debbyann Place, San Diego, CA
· Theresa Siega, 315 Fourth Avenue #E, Chula Vista, CA
· Raul Garcia, 315 Fourth Avenue, Chula Vista, CA
· Roth B. Whalen, 2615 Congress Street, San Diego, CA
· ~ancie Weiss, 2615 Congress Street, San Diego, CA
· Jerry Neeclle, no address given.
· Fay NeecIle, no address given.
· Rhoncla Taylor, no address given.
· Rick Newmyer, 350 Third Avenue, Chula Vista, CA
· Gene Mercino, 1470 Seacoast Drive #B,lmperial Beach, CA, 1q.1~tin¡ ECS South Bay Head Start
· Irene Vosekalns, 3939 Eagle, San Diego, CA
· Mimi Duncan, 1021 Coronado Avenue, Coronado, CA
· Raul Martinez, 3656 Louisiana Street, San Diego, CA
· David Sheldon, 13712 Jamul Drive, Jamul, CA
· Judith Johnson, 3656 Louisiana Street, San Diego, CA, representin¡ 1buncIay's Meal
· Steve Wood, 6783 Alvarado Road, San Diego, CA
· Jeff Newman, 852 Chalcedony #4, San Diego, CA
· Lena Wallace, 5758 Shaw Street, San Diego, CA
There being no further public testimony, the public hearing _ declared dosed.
( olDlcllø>ember Moore Stated he had previously voted qainst che project but nor fgr che _ Stated ~.
',)
- during the public hearing. He worked very dosely with che homeless tbrou¡h the prosram with biI church.
He felt the progmn would probably be succasful clue to che people iDvoIwd and it _ with aWred
_otions that he would be votin¡ qainst the project.
CouncIImember Fox Stated Council had heard the HIlle fean exprn.ed with other ~ ancImany of
the IUpponen of the proposed progmn were those that had previously been In opposidon. 11M - -
not che location but who _ NDDing the program. He had been prllented with t.ca that che prvject
would not affect the property values and had not been preMlUed with evidence to che coarruy. The Ïllue
of financing and the appraisal would be dealt with next week. He _ gtiJfied that the euement questions
had been solved. He asked staff to Indude a copy of che appraisal and·recenit;...rion In the packet for
subsequent meetings regarcllng the item. Crime was an issue that _ raised but an apert from che Crime
Prevention Unit had recommended that the security be enhanced but also ..œcI there would not be a
noticeable tncrease in the area. The project would be run with stricter rules than the n_ In that
neighborhood. If there were drugs or alcohol at the facility the people would be evicted. Because of
National City's participation In the project, proximity to National City _ important. He felt che Ïllue that
still needed to be resolved _ the review process. He would suppon the CUP and undentood the fears and
concerns of the neighborhood but asked for the neighborhood's understanding In biI decision. He_
confident that Southbay Community Services would address the fan of the neighborhood.
Councilmember Horton Stated she supponed the project In concept. She _ comfortable In gylng that the
project would be maintained and managed In a way that che residents would not haw to worry about who
their neighbon were. The location _ ideal as it had the proper amenities to make che proposal successful.
Property values had not been decreased In areas with well supervised projects. The proposal _ creative
as it offered not just shelter for the families but an opportunity to get back on their feet. She had confidence
in Southbay Community Services. There was an appraisal and as far as she could tell it _ properly done.
"he _ concerned regarding the Information presented on the condition of the roof. Although she _
I ling to vote for the CUP she wanted Southbay Community Services to know that she had a hard time In J
. -7 /7/.2 }
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.
Minute~s
July 13, 1993
Page 17
(
supporting the price at 5720,000. She recommended that the price be renegotiated at $675,000 given the
fact that the condition of the property was in dire need of repair, i.e. the roof and drainage.
Mayor Nader felt everyone on both sides of the issue had valid concerns and should be commended for
coming forth with those concerns. There was a smal1 number in opposition to the project and some of those
signing the petitions had contacted the Council requesting that their names be removed due to
misinformation regarding the project. Southbay Community Semces had a long history in the community
and he saw a pattern that he had seen in other cases. Those that were in opposition to previous projects
ended up being some of the strongest supporten of the projects. He had confidence in Southbay Community
Services because they had a record with various projects in the City. A CUP -rd not haw been needed
if servicu were not being provided and terms of residence set. There wu a serious Melt for IUCh a project
due to the hundreds of people on the streets. He felt there Melted to be a somewhat tipter condition, such
as the condition recommended by the R.esoun:e Conservation Committee,and felt Southbay Community
Services could live with the condition. they bad done it before.
MS (NacIerlPox) acid a condition to RøoIution ln6S, NqUirinc !hat when die -w nftew 0CCIIII'ed a
nport be pruvided to the Council and that an appammity, with --.v.a, be ta...idwI to die public
r-ÜlÌ'I\g in die nei¡hborboocI to -_ to die C-......,. die CUP ~d be up far -.I at !hat time.
Councilmember Moore stated Mayor Nader had ori¡inaIly ltated a "public bearina" and now _ Jtating 'a
hearing the public would be invited to'.
Mayor Nader ltated that was cornct and the publiè _uld haw the right to Ipe8k if they chose.
( Mr. Griffin stated the review for Casa Nuestra ltated the fim annual review _ doae by eouncD andlfter
that it went to the Zoning Administrator.
...,... Had« ...-- that die _ .'- . 4:- 1D r.. ..........1Ie ....IM with die
~oI:..,di"g !hat at die lime of die &nt -w nftew. ,....-11 -.lei .....dIe IIpIiaa to IIIImd a_
minpnt apect of !hat CGIIc1itioa to ....... JIIIU'I dl' ".,.... ~ " .."", . die Iåae of die
bearing,
c---- Moen ......4 to C4IadidaII .8, dlinllIne, and IeIt die period œuId be .LJ-...I with die
...w.w. of "with ...ittcu nport to die City c-- . a teWuled .,.-tlwod Ibm",
MaJor Had« ItaI:ed !hat -rd be M '....c..ble with die -<IcIitioa of public -ø.
AMI!NDMENr AGREEABLE TO MAICEIlAND SEaIND or M011ON: __ .I~'" . ...- d I II. ~v...d
44-0-1 with RindœIe .'-'In.... .
RESOUmON ln6S, ASAMBNDED OPPERJ!D BY MAYOR NADER. radina oflat_waiIecI, passed and
~v...4 3-1.0.1 with Moen ~!IIed and Rindoae .'-'In.....
City Attorney Boogaard requested clarification regarding the lint annual review, Le.1fter rehabDitation and
occupancy.
Mayor Nader ltated that w. correct.
ORAL lY1UUIlNlCATIONS
None
(
. -FJ/r~Ý//Î~~<j
fll~
~~0--
"!'~- -
~~~
¡ 0lY OF
CHUlA VISTA
PLANNING DEPARTMENT
October 22, 1993
Ms. Kathryn Lembo
Execuûve Director
South Bay Community Services, Inc.
315 Fourth Avenue, Suite E
Cbula Vista, California 91910
RE: PCC-93-39 - Approval of Rules of Residency
Dear Ms. Lembo:
As follow-up to the submission of the rules of n:sidency for approval by the Director of
Plamúng, IS required per Condiûon No.2 of Resoluûon No. 17165, Raben Leiter, Director
of planning, reviewed the informaûon submitted by your office aDd approved lime IS the
_0per8ûonal standard for the transiûonal housing project for homeless families to be located at
31 Fourth Avenue. This fulfills the provisions of Condiûon No.2 of Resoluûon No. 17165.
( , .
If ever any changes are coDSidered to these JUles, please obtain the approval of the
·pirector of planning prior to adopûon.
Please contact me at your earliest convenience if you have any quesûODS at 476-5335.
Sincerely,
~ J ~
Associate Planner
c:c:: Bruce Boogaard, City Attorney
Robert Leiter, Director of planning
Ken Lee, Assistant Director of Planning
David Gustafson, Assistant Director of Community Development
Steve Griffm, AICP, Principal Planner
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__...__~ --.--.-.......-.._....,. ...,_t"'.'.~L'_'. '.'._Jl._'Ll~.~.._...._~._JU,,~""""._~-Ø-ur.:.~_lh_.c.tl.:1....c;..~__ ----~-- "'-'--"'-'-' ------.-----.--.--...-',-
MEMORANDUM
October 6, 1993
TO: Bob Leiter, Director of Plannil1g
VIA: Steve Griffm, Principal Plannet
FROM:
SUBJECT: PCC-93-39: Condition No.2 of Resolution 17165 Requiring Rules of Residency
Condition No.2 of Reso. 17165 requires that South Bay Community Services provide the
Director of Plannil1g with a the roles for residency for review and approval. To that end, SBCS
has submitted the attached Draft ProIlI'alll Description: Short - Term HousÌD.l! ProIlI'alll and the
Draft Mana~ement Plan: Short- Term Housinl! PrOIlI'alll. Among other documentation and roles
of conduct required of a potential client family, Addendum D lists the ·Short-Term Housing
Program Guidelines.· These are actually the roles required pursuant to Condition 2 of Reso.
17165 and appear to cover the issues staff was concerned with while reviewing this project,
specifically number 18 regarding crossing Fourth Avenue in front of the apartments, rather than
at the stoplight.
After reviewing the material, it is apparent SBCS is will take extreme care in carrying out the
provision of the conditional use permit as related to the roles. It is our recommendation that
these roles be approved.
Attachments: Draft Program Description: Short-Term Housing Program
Draft Management Plan: Short-Term Housing Program
Resolution 17165
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DRAFT
PROGRAM DESCRIPrIOR
8hort-~era Bou.iDg Program
~able of CoDteDt.
I. Int~oduction
II. Philo.ophy and Goal.
III. aeferral. and Screening
IV. Agreement and Guideline.
V. Ca.e Management and Ca.e Plan.
VI. ~e~nation or Completion
VII. Addenda
A. Client Application/Interview
B. Cli.nt a.l...e of Information
¡ C. proqram.and Cli.nt Agreement
D. Client Guidelin..
,. B. Cli.nt Workability Aa......nt
".
)< F. Linkag. Agreament (for oth.r ag.ncie./organization.)
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DRAFT
I. IBt:roduct.ioD
Short-Term Bousing Program is located in the City of Chula Vista in
South San Diego County. Short Term Bousing Program i. a program of
South Bay Community Services (SBCS), a private non-profit
organization founded in 1971. This program i. designed to _et the
need. of families in urgent need of hou.ing who.e adult members
expres. t~e desire to e.tabli.h .table long-term housing. Thirteen
one and ~wo bedroom units arovide .hel~er for .ø many as
forty-three aeaDle for UD to 60 days for each f·m;lv. At Short
Term Bou.ing Program, families live in an environment with a
.continuum of .ervices designed to relieve the .tre.s of
'hOlll8le..ne.. and to facilitate the development of more .table
life.tyles. The program goal. are that families will become
self-.ufficient and tran.ition to permanent housing.
II. Philo.cah. aJul aoal. .
In recognition of the very difficult cirewutances that some
families must struggle with and out of concern for the.e families,
and for the larger South Bay cOllllllunity, the Short Term Bou.ing
Program was developed. The touchstone of the program is r.spect
both for homele.s families as people a. well a. for th.ir need.,
goal. and dre....
,( 100000le.. families .hare two basic problems I a disproportionately
exp.n.iv. housing market (particularly true in San Di.go County
which i. among·th. l.a.t affordable in the'United Stat..) and the
lack of social and economic re.ource. to obtain perman.nt housing
¡in this market. In large part th.se realities dictate the need for
,the Short-T.rm lousing Program and guide the service. the program
>provid.s .
The families we work with have the ability to su.tain permanent
'hou.ing but ar. ov.rwhelmed by this v.ry expen.ive hou.ing II&rket,
their own circwutance. and a lack of per.onal, .ocial and economic
re.ource.. Th. Short-Term Bou.ing Program is de.igned to empower
families facing the.. r.alities by facilitating the development of
new .kill. and by connecting and reconnecting them with cOllllllunity
and per.onal re.ourc.s.
Fundamental to this philo.ophy of empowerment i. the proce.s of
working with families; Family MJIIbers are encourag.d to articulate
their own need. and goal. I immediate, short-term and long-term. We
believe that family .ucce.. is enhanced when long-term y::;. are
communicat.d, r..pected, support.d and th.n connect.d to diat.
ta.ks which are designed to develop permanent housing.
, This work with families is done while they are living in Short Term
lou.ing Program, which provide. an adequate, clean, .afe,
.upporting, and pr.dictable .nvironment. lere families have the
opportunity to re.olv. the -.ost pressing problem. th.y face,
including lack of permanent housing, while having r.li.f from th..
crisis of hom.le..n....
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DRAFT
!
III. "ferra!. aDd Scr..nina collaborating
Referral. - Staff from agencies and other
organizations in the South Bay pre.cra.n pro.p.ctive client..
Agencie. that work rel:larly with homele.. families providemo.t of
our referral. and nclude the MAAe Project, Lutheran Social
Service., Salvation Army and METRO. SBCS facilitat.. periodic
training.. for collaborating agencie. providing an opportunity for
face-to-face cODZUnication a. well a. di.pen.ing updated
information r.garding cen.u./demand, appropriate referral.,
guideline./regulation., and any problem ar.a.. (Plea.e ... R.l.a..
of Information, Addendum B, and Linkage Agr.ement, Add.ndum G.)
Additionally, Short Term Rou.ing Program accept. referral. from
oth.r organization. .uch a. .chools, Department of Social S.rvic..,
oth.r gov.rnment ag.nci.., police departaant. and religious group..
Their key people are included in the training. and a.ked to .har.
information with oth.r .taff.
Referring ageniI .taff are a.ked to phone for the current r..id.nt
cen.u. informat on and to provide pre-.cre.ning information before
..nding potenti.l famili.. to SBes for .cr.ening. Both r.f.rring
.taff and pot.ntial familie. are aware that . r.f.rral, ev.n wh.n
.f:~. i. available, doe. not guarant.e a .tay nor it. l.ngth. To
1 t inaPl:ropriate ref.rral., SBCS provide. the above training.,
( .pecific nformation on .cre.ning criteria and det.rmine. the
r.ferring .taff'. evaluation of pro.pective client..
The Short Term Rou.ing Program ea.e Manag.r will' work with the
ref.rring .taff to pre.cr..n pro.pectiv. famili... Upon referral
to tbe Ca.. Manager, adult family ..-bar. complete an .pplic.tion
and the entire family is interviewed and .cr_ned by tbe ea..
Manager'for entry into the program. Tbe purpo.e of tbe .cr.ening
is to ...... the family'. likelibood of completing tbe program
.ucc...fully¡ i.e., famili.. mu.t be willing and able to comply
witb the Agreement and the Guidelin.. (.... Addenda e and D) a. _11
a. achi.ve the goal. ..t out in th.ir ca.eplan.
applic.tion - Pl.a.. .e. Add.ndum A. 'tb. application includ..
per.onal information, family information, education, work bi.tory,
bri.f bealth bi.tory, curr.nt _dication., curr.nt finance., oth.r
po..ible re.ource. and que.tion. r.garding the circumatance.
l.ading to tb. family becoming bomel....
InterYi.. - Plea.e .ee Addendum B for intervi.. que.tion.. Th.
c... Manager ...t. witb all family aember. for the initial
.cr_ning interview. Tbb initial intervi_ i. approximat.ly one
bour in duration. Tb. intervi_ expand. on i..u.. rai..d by tbe
written application and al.o cover. _nt.l b.altb, drug and/or
alcohol u.., criminal bi.tory, family violence and any plan. for
! óbtaining p.rmanent hou.ing. The Ca.e Manager _y require a ..cond
interview with the Program Dir.ctor.
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DRAFT
The interview is used to clarify application information and to
re.olve que.tion. related to the following:
- prior hemele..ne..,
- prior participation in a re.idential program,
- hi.tory of drug/alcohol abu.e,
- participation in a recovery program,
- hi.tory of mental illne..,
- criminal .ctivity or record and
- .xperience with Child Protective Service. (CPS).
8cre.DiDg - Familie. .truggling with .ny of the following will not
be con.ider.d .ppropriate for Short Term sou.ing Program:
. .eriou., untreated m.nt.l he.lth condition .uch .. .ctive
p.ycho.i. or major d.pre..ion,
- .ctive .uicidal id..tion,
- current .ddiction to drug. or .lcohol,
- hi.tory .. . ..xu.l perpetr.tor,
- hi.tory of violent ....ult and/or homicidal t.ndencie.,
- hi.tory of .r.on,
_ .ny circum.t.nc. that would be .xce..ively di.ruptive to
the program or the well being of other families or individu.ls,
and
. _ any condition th.t preclude. .ucce..ful program completion.
1 - "J
When n.c....ry to v.rify .ny of the abov., th. C... Man.g.r will
cont.ct the family reference., group. or organiz.tion.. Thi.
occur. in c.... where client information .ppe.r. incon.i.tent;
addition.l information is ne.ded and/or edvoc.cy would .dv.nce the
cli.nt.~ ca.eplan. Thi. i. .lway. be done with the client.' full
knowledge and with writt.n con..nt (JI.'.....ndum B).
Th. application, interview information and background check. are
u.ed to .valuate the following:
- n.ed for .hort-t.rm .helter,
- ability and willingne.. to give accurate and compl.t.
information,
_ ability and willingn... to live coop.ratively in a .hort-term
hou.ing .ituation,
_ ability and willingn... to adh.r. to th. guidelin.. and
regulation., .
_ ability to care for .elf and to r.frain frem cau.ing harm to
..If or other..
_ ability and motivation to .nd homel... .ituation,
_ willingn.../motivation to work with C... Manag.r on ca..plan,
probl.. .olving and community r.ferral. and
_ ability and willingne.. to meet at lea.t _ekly with Ca..
Manager.
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DRAFT
i In part, the family' . application and interview are u.ed to
establish the above criteria. The attached evaluation guidelines
are al.o used to further this process. (See Addendum E) Por any
family that is determined to be inappropriate for Short Term
Bousing Program, the Case Manager will work with referring agencies
to attempt to find appropriate placement.
:IV. aar....at. and Guid.lia..
Agn"'D~ - Plea.e see Addendum C. The Agree..nt include. what
Short Term Bousing Program will provide for families in term. of a
respectful environment, ...terial benefits and casework support.
Reciprocal expectations for families are al.o included.
Gaideli.es - Please see Addendum D. These regulations do not
represent the exhau.tive li.t but do cover either very significant
issue. or problems that are c~only encOunt.red. Pamili.s are
a.k.d to use good judgement or to ch.ck with their Ca.e Manager if
th.y have question. about a behavior that is not explicitly
discuss.d.
Short Term Bousing Program's policy is to work with families to try
r.solve problem areas. Bowev.r, violation of the Guidelines ..y
result in dismissing a family from the program. This is
particularly true if the behavior represents a physical threat to
. self or to others or if the behavior is sufficiently disruptive
( that a general breakdown in program cohesiven.ss and cooperation
results. The Guid.lines direct decisions aade by SBCS and Short
T.rm,Bousing Program staff in these aatters.
v. ea.. "'waa---at
Cas. Management is the process which guides and supports families
as they move from homel.ssn.ss to obtaining stable longterm
housing. In this program, caseplanning is always focused on the
short t.rm nature of the progr.. and on the need to find peJ:1lll1nent
housing. The proc.ss begins with the initial scr.ening interview
and continues in ..etings with the Case Manager ~hat are held at
least once a _ek throughout a family's stay at Short Term Bousing
progr... Together with the Case Manager, the family .ets out a
plan that identifies:
. 'the uraent. arob!...'.' 't.h. f.1II~lv must. r..olve. Por all
families, finding peJ:1lll1nent housing is a ..jor area of
emphasis. Other areas might includ. issues such as ..dical
care, auto repair or school enrollment.
* Jmawn and DD..\bl. r..onrc.. t.hat. can M a..d t.o
resolve the.e issues. Such resources include financial
re.ources they ..y alr.ady po....., income th.y anticipate
during their stay at Short Term Bousing Program, potential
sources of employment, entitlements for which they ..y be
eligible, and ..ans of accessing ..dical and other .ervices.
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DRAFT
* the tasks that must be accomDlished to ace... these
resources. Examples might. be purchasing a monthly bus pass,
obtaining a bus schedule, and job search plans.
* a budaet. includina anticiDated income and exoenses.coverina
the full Derted the f.m;lv would stay at Short Term Bousina
Proaram and their first fo~r month. in Dermanent housina.
* an aareed nDon .v.tam for verifvina each familv's savinas.
This could include a savings passbook or money orders (cash
savings is not an acceptable system,. The goal is sufficient
savings to secure permanent housing and to provide for the
family's needs until their next payday.
* a tim.1ine for accamcli.hina task.. for .avina. and for a
housina ..arch.
While, for some fairly high functioning families, weekly meetings
with the Case Manager are sufficient to monitor and support them
through their tasks and goals, other families and individuals
benefit from more frequent contact. The accountability and
structure of more frequent meetings is the main benefit for some,
for others, the complexity of their situation will ~ictate more
frequent ..etings with family ..-bers.
Significant to caseplan success is a high level of family
involvement and buy-in as the plan is developed, a fair Ulount of
trust between key family ..-bers and the Case Manager, the
development of good advocacy skills on the part of family members
and the Case Manager, and sufficient material and eIIOtional support
for families.
VI. ~.raiD.t:loD
8accessful te~DatioD - Successful termination is defined as the
family finding lonqterm housing by the end of their stay at Short
Term Sousing Program. The timeline included in the caseplan is the
tool used to monitor and advise families of their progress toward
this goal.
Fall sbtJ'-daJ' s::, - At the discretion of Short Term Sousing
Program staff, f lies reaching this limit will be required to
leave the progrUl. Exceptions..y be ..de for those who have a
verifiable means of achieving the 90al of lonqterm housing with
only a f_ additional days. Rote I Bvery family's individual
timetable is discussed during weekly _etings with the Case Manager
to help avoid having families leave without a successful
termination because of factors such as the family Dot sticking to
a determined budget and savings plan.
D1s~ssal - The conditions that would result in being dismissed
from the program are set out at the initial screening by Short Term
Sousing Program staff and again in the fint meeting with the
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DRAFT
family on acceptance to the program. These conditions are stated
in the Agreement and the Guidelines (See Addenda C and D). One of
the Case Manager's responsibilities is to keep key family members
up to date on their status if dismissal is a concern.
The well-recognized losses involved with termination for the
family, other families, and staff mean that this can be a difficult
time. All parties are encouraged to deal with and express their
feelings around this issue in scheduled meetings. Importantly,
leaving the program should not mean the end of the relationship.
Families are encouraged to maintain contact and to continue to use
the SBCS staff as a resource, and to become a resource to other
families. Bopefully, this will ease the family's transition.
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Addendum A - Page 1 ~Q.1
South Bay Community Service.
SHORT - TERM HOUSING PROGRAM
RESIDENT APPLICATION
TODAY'S DATE:
HEAD OF HOUSEHOLD:
NAME: DATE OF BIRTH:
uo.lT 'f"IT MIDDLa
SOC. SEC.#: SEX: ETHNICITY:
MESSAGE #:
FAMILY STATUS:
SINGLE PARENT: MARRIED: UVlNG TOGETHER:
DIVORCED: WIDOWED:
OTHER ADULTS IN HOUSEHOLD:
NAME: DATE OF BIRTH:
uo.aT PI...T MIDDLI
SOC. SEC.I: SEX: ETHNICITY:
NAME: DATE OF BIRTH:
uo.aT ""'T MIODLI
SOC. SEC.#: SEX: ETHNICITY:
CHILDREN IN HOUSEHOLD:
';
~ME: DATE OF BIRTH:
uo.aT 11I11III11 IllI00LI
SOC. SEC.#: SEX: ETHNICITY:
NAME: DATE OF BIRTH:
uo.aT 1I1",T M.oOLI
SOC. SEC.': SEX: ETHNICITY:
NAME: DATE OF BIRTH:
uo.aT ''''T ...oDS-_
SOC. SEC.#: SEX: ETHNICITY:
NAME: DATE OF BIRTH:
uo.aT "",aT MIODLI
SOC. SEC.#: SEX: ETHNICITY:
CURRENT OR LAST ADDRESS:
ADO..... .'...IT CITY 'TAT. za" COOl
PHONE #: HOW LONG THERE: DATE OUT:
REASON FOR LEAVING?: (PIHH Explain)
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Addendum A - Page 2 "CI.a
HOW DID YOU BECOME HOMELESS?: . (Please Explain)
,
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MONTHLY HOUSEHOLD INCOME: (Include ALL Members of the Household)
WAGES 1 SALARY $ VETERAN'S BENEFITS $
AFDC S UNEMPLOYMENT BENEFITS S
SSI $ WORKER'S COMPENSATION $
BSA $ OTHER $
CHILD I SPOUSAL SUPPORT S TOTAL MONTHLY INCOME: $
CASH ON HAND: S
eDUCATION I EMPLOYMENT SKILLS:
WHAT IS YOUR LEVEL OF EDUCATION?:
WHAT ARE YOUR JOB RELATED SKILLS?
( LIST JOBS YOU'VE HAD & HOW LONG YOU HELD THEM: (Example: Plumber 2 yeII1, Clrpenllr 5 yeII1, etc.)
MEDICAL: .
NAME OF MEDICAL INSURANCE COVERAGE: (If Arty)
NAME OF FAUll Y DOCTOR: (If Any) PHONE#:
DR. 'S ADDRESS OR NAME OF HOSPITAL I CUNIC:
.. CASE OF EMERGENCY CONTACT:
NAME: RELATIONSHIP: PHONE#:
.
IlØIder1IInd that this II not a .... nor a rent ageement. ThIs II an application for lhoI1-tIrm hcIUIIng only.
I my çpUc:atIon II approved. my e.mporaIy _ will be no 1ongIr1han 8.... I wtllMve III1Ier II am able
10 IICIft IImWIIIIt hcIUIIng, or II do not mNt .. wriIIIn guldIIIneI that I have agød 10.
e PIeIIe ,..d and IIgn 1hI ~ guidelines _ WIll. )
(Signature) (Dall)
i
( Signature) . (Date)
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Addendum A - Page 3 PG.1
South Bay Community Services
SHORT TERM HOUSING PROGRAM
'SEMI - STRUCTURED CLIENT INTERVIEW
TO BE ADMINISTERED BY THE CASE MANAGER WITH THE FAMILY. THE FOLLOWING QUESTIONS SERVE
ONLY AS GUIDEUNES FOR THE INTERVIEWER IN WHICH ISSUES ARE IMPORTANT TO DISCUSS IN
ASSESSING THE FAMILY,
CASE MANAGER: DATE:
HEAD OF HOUSEHOLD: CUENT #:
FAMILY MEMBERS PARTICIPATING:
HOW DID YOU BECOME HOMELESS?
HAVE YOU BEEN HOMELESS BEFORE? IF SO, WHEN? HOW LONG? WHAT HAPPENED?
!
HAVE YOU BEEN IN ANY OTHER RESDENTIAL PROGRAMS? IF SO, DESCRIBE.
HAVE ANY FAMILY MEMBERS HAD ANY PREVIOUS COUNSEUNG OR TREATMENT? IS ANYONE IN THE FAMILY
CURRENTLY IN COUNSEUNG OR TREATMENT? IF SO, DESCRIBE.
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Addendum A - Page 4 PG.2
HAS ANYONE IN THE HOUSEHOLD EVER BEEN DIAGNOSED I HOSPITALIZED WITH A MENTAL ILLNESS OR
( 'SSTANCE ABUSE? IF SO, DESCRIBE.
IS ANYONE IN THE FAMIL Y ~RENTl Y TAKING NN MEDICATION? IF SO, EXPLAIN.
DESCRIBE FAMILY MEMBERS' USE OF DRUGS AND ALCOHOL.
HAS ANYONE IN TI-E FAMILY RECEIVED TREATMENT FOR DRUGS OR ALCHOL? F SO, DESCRI£
(
.
ARE vou:¡ CHILDREN IN SCHOOL? IF SO, UST SCHOOL, GRADE, ATTENDANCE RECORD. F NOT, DESCRIæ WHY.
DO YOU HAVE LEGAL CUSTODY OF ALL THE CHILDREN WITH YOU?
HOW ARE THE CHILDREN TVPICAL1. Y DISCIPLINED? (FOLLOW UP ON ANYTHING THAT SOUNDS LIKE ABUSE)
HAS TI-E FAMILY HAD NN INVOLVEMENT WITH CHILD PRO'TëCTM: SERVICES? F SO, EXPLAIN.
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PG.S
Addendum A - Page 5
DESCRIBE FAMILY MEMBERS' PRIOR INVOLVEMENT WITH POUCE AND/OR THE COURTS.
DO FAMILY MEMBERS HAVE ANY CURRENT INVOLVEMENT WITH POUCE ANDIOR THE COURTS? IF SO, DESCRIBE.
DO YOU HAVE A RESTRAINING ORDER AGAINST ANYONE? IF SO, GIVE DETAILS.
ARE THERE ANY FAMILY MEMBERS NOT CURRENTLY WITH YOU THAT YOU ANTICIPATE REUNmNG WITH?
I
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WHAT ARE YOUR SHORT -TERM PLANS?
LONG-TERM PLANS?
CASEWORKER'S INITIAL IMPRESSIONS I ASSESSMENT:
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Addendum B
South eay Còm munity Services
AUTHORIZATION FOR RELEASE OF CLIENT INFORMATION
CLIENT'S NAME: BIRTH CATE: I /
I, or
HAMI 0" CLIENT NAM. Ofl PAIIIINT , GUA"DIAH
hereby authorize
NAMI 0' ~."'ON I ..ENC., ADD"." (CITY, 'TAT.. ZI" CODa)
to release and I or exchange professional and I or medical Information regarding my child and I or myself to:
South Bay Community Services
315 Fourth Avenue, Suite E
Chula Vista, CA 91910
Information to disclosed pertains to the assessment and I or treatment of the following conditions:
".DICAL DIIUCI ALCOHOL ",.,CHIAT'UC ICHOOL
and shall be limited to the following types of Information:
OIAGNOI'1 D'ICHA"..IU"M""Y "IVCHIAntIC þALUATtON tt..o."... NOT.'
\ IItI'YCHOLOClICAL T.IT "IIULT' .DUCA~ONALA"."".NT '.HA~OIllAL".P'O"T'
OTMI"
This disclosure Is required for:
eVALUATION T"IAT"INT OTMI"
-
This authorization Is eflective from I I and may be revoked at any time by the undersigned.
This authorization Is good until I I I understand I have the right to receive a copy of
this authorization.
WITN." OAT. l.caNATU". 0' CUI NT DATI
I.ClNATU". 011 "A"INT ,.UAIIIDIAN DATa
lna..T ADD"."
CITY, 'TAT., ZI" COOl
TaLI'HON. .
.
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DRAFT
Addendum C SRORT TERM ROUSIRO PROGRAM AGREEMERT
Short Term Housing Program agrees to provide the following:
- Staff who are respectful and supportive.
- A safe, secure and clean place to stay for up to 8 weeks.
- Basic needs, including food, hygiene supplies, dishes, and
linens.
- Prompt meetings for scheduled appointments.
- Casework services to assist with obtaining permanent housing.
- Access to necessary services such as phone and transportation.
- When possible, needed resources such as child care, job training,
job placement, and literacy training.
Case Manager Signature Date
As a client staying at Short Term Rousing Program you agree to:
- ~eep all guidelines.
- Respect staff and other families at Short Term Housing Program.
- Respect the property of Short Term Housing Program and of other
familie., .
- Work on the caseplan you develop with your Case Manager.
- Arrive promptly for all program meetings and for. medical,
work, school and other appointments.
- Notify staff of any medications brought on campus.
- Bring no more than one suitcase per person to Short Term Rousing
Program.
- Understand that any property left after vacating will be
donated to charity.
- Leave all linens, dishes, etc. provided by Short Term Housing
Program for the family that follows you.
- Vacate Short Term Housing Program promptly after obtaini:ï
permanent housing, after an eight week stay, or when dis ssed
for violation of guidelines.
Client Signature Date
Client Signature Date
, ~y 17/1/1
DRAFT
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Addendum D SBORT-DRM BOOS IRa PROGRAM GUIDBLIIIBS
The following quideline. are in place to a..ure that Short Term
Hou.ing Program i. a .afe, clean and predictable place for you and
your family to .tay.
x..ediate di.mi..al may re.ult for any of the following:
1. Physical violence. Thi. include. but i. not limited to
hitting, .hoving, or .lapping a child or a spou.e.
2. Weapon. on and off ground.. No exception..
3. Sexual hara.sment or abu.e of any kind.
... Verbal abu.e. This include. yelling, vulgarity, name
calling, etc. at children and/or adult..
5. Alcohol u.e during your .tay - even off the ground..
6. Po.....ion, .ale or u.e of illegal drug. - on or off the
grounds.
7. Vandalism.
8. Theft.
9. Having unauthorized que.t. on the ground..
10. Being off grounds after.10:00 p.m. or before 5:00 a.m., unle..
cleared ahead of time with Ca.e Manager.
Warning. will be given for the following. Warning. _y
re.ult in di.mi.sal:
( 11. Leaving young children without adequate .upervi.ion.
12. Not u.ing good .afety practice. ~ . .
13. Mi..ing chore..
14. Mi..ing mandatory meeting. with ea.e Manager. and other..
15. Damaging or defacing property.
16. Smoking in unde.ignated area..
17. Hot working on caseplan.
18. Cro..ing Pourth Avenue in front of apartment, rather than at
.toplight.
I have read the 18 quideline.. I agree to follow th_. I under.tand
that I may be dismi..ed from Short Term Hou.ing Program if I do not
follow the.e quideline..
Signature Date
Signature Date
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DRAFT
Addendum E CLIEft WORKABILITY ASSESSNERT
Client workability is a combination of motivation and capacity that
enables a person to enqaqe him/herself, as fully as possible, with
other people and orqanizations, in a problem solvinq process.
Workability is both the "ability, to work" on one's problems as well
as responsiveness to "casework influence."
In order to help in the task of assessinq workability, here are a
few questions to consider in workinq with potential clients:
1. Does the person seem to focus well on the subject at hand,
follow the conversation, and respond appropriately?
2. Does the person invest themselves in explorinq (thinkinq
throuqh) the situation and makinq themselves clear?
3. Does the person seem to have adequate social intelliqence
(perceptivity) to carry out necessary tasks of problem
solvinq?
4. Does the person seem very uncomfortable with the present
situation?
5. Does the person seem realistically hopeful about his/her
future? .I
6. Does the person see themselves as a potential force in solvinq
his/her own problems?
7. Does the person seem willinq to bear some inevitable
frustration that qoes alonq with problem solvinq?
8. Bas the person clearly defined their qoals and are they
realistic and reachable?
9. Does the person seem to have the emotional capaity to enqaqe
in a problem solvinq relationship with another person?
Aqain, this is only a partial list that can assist in determïninq
the appropriateness of a potential client.
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3154th Avenue. Suite E . Chula Vista . CA 91910 . (619) 420-3620/9790/5051
Addendum F
LETTER OF 1DIDERS'.rJUmI.O
This letter represents a mutual agreement to cooperatively provide
services for the benefit of youth and families of the South Bay
area.
We agree to act as mutual referral sources and exchange working
information as appropriate.
Either agency _y cancel this letter of understanding by
notification in writing~ this letter is in noway legally binding.
Signatures:
(
Signature Signature
Title Title
Agency and/or Project Agency and/or Project
Date Date
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DRAFT 12
IlAØAGBJŒH'l PLAN.
8hort-Tera Rousing Program
Table of Contents
I. I~troduction
a. Project SUJIIIII&ry
b. Property Description
c. Definitions
d. Target Population
II. Role , Responsibility of Sponsor
III. Personnel
a. Employee. and Personnel Policies
b. Training and Monitoring
IV. Accounting
a. Accounting Basis
b. Disbursements
c. Contracting, Purchasing, and Cost Controls
V. Compliance and Reporting
VI. Security Deposits and Savings Plan
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VII. Occupancy Plan
a. Referral and Screening
, b. Geographic Priority
c. waiting List
VIII. Other . ,
Appendix A - Differentiation of Staff Duties
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I. IRTRODUCTIOH
la. praiect. 8ttlMlll-rv
The following plan .nmm"t'izes South Bay Community
Services' (SBCS) policies, .y.tems, and procedures, for
the .hort-term hou.ing project at 31 Fourth Avenue,
Chula Vi.ta, CA. Detailed procedure. and forms are
contained in our Program Description Manual. This
reference .ource i. revised and updated a. required,
and at least two copies will be maintained at the
property.
Thi. plan i. de.iqned to define the duties and
re.ponsibilitie. of South Bay Community Service. and
it. .taff, and to outline a manaîement program that
will assure the physical, financ al, and .ocial well-
being of the project.
.
lb. prooert." De.cr~pt.ioD
The 31 Fourth Avenue propertxL.:0n.i.t. of 11 one-
bedroom apartment. of appro tely 650 square feet
each, 1 500 .quare foot .fficiency unit, and two, 900
.quare foot two-bedroom unit.. The buildinî .its on a
lot of 18,000 .quare f.et on Fourth Avenue n Chula
Vi.ta (parcel no. 566-010-10).
{ %c:. . hfiBi~laB.
The t.rm -Aqency- r.fer. to both the City of Chula
Vista Redevelopment Agency and the City. of Rational
City Community Dev.lopment Commi..ion. 'rhe t.rm
-Project- refers to the .hort-term hou.ing program at
31 Fourth Avenue. The term -Spon.or- and -Owner- ref.r
to South Bay Community Servic.., Inc., the owner and
operator of 31 Fourth Avenue. Th. term -Agent- ref.r.
to both IIONl'RIC, Inc. and Mr. Patrick Kruer of Patrick !
Development, who have each agreed to provide con.ulting
and advi.ory .ervice. to SBCS· regardinî management of
the property. The Agent will help tra n the On-.ite
Property Manag.r, -Manager-, and Program Coordinator
both of whom are employ.e. of SBCS. The Manager and
Coordinator will report to SBCS' Director of
Re.idential serVice., -Director-, who in turn report.
to SBCS' Executive Director.
Jd. ~.ra.~ PoDul.~ioD
The apartment. will .erve families who are currently
homel.... The term -homele.. familie.- i. defined a.,
two or IIOre per.on. relat.d by blood or lI&rriage, at
lea.t on. of which .hall be a minor (~r.on und.r 18
year. of age). Becau.e of their econ c
circwutances, the family is regularly .leeping in a
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plaqe not designed or constructed for habitation by
members of a family. Such places include, but are not
limited to, a park, street, sidewalk, vehicle, open
space or shelter. Eligible families could also be in
the process of being evicted from a dwelling with no
reasonable prospect of sleeping in a habitable
location. Other eligible families are disabled persons
being discharged from institutions with no reasonable
prospect of sleeping in a habitable location.
The Case Manager and Program Coordinator will ensure
that residents meet eligibility requirements for Agency
purposes. Resident eligibility will be verified by the
, Program Director.
II. ROLE AR1) USPORSIBILITY or ftB SPORSOR
It is the Sponsor's responsibility to establish the
broad, general policies under which the project will
operate. The Agent will provide advice and assistance
in the development of policy, based on its prior
extensive experience in managing affordable housing for
low income families.
, The Property Manager consults with the Director of
Residential Services in cases of expenditures of above
. $250, when bids are being considered, in situations
where policy decisions are required, and in emergency ;
situations.
By _ans of periodic budgets and financial reports,
SBCS' Fiscal Director advises the Bxecutive Director on
the financial status of the Project. Through
manaïement reports, the Director of Residential
Serv ces advises the Executive Director on the . ,
operations of the project and recommends operating
policies, major expenditures, and major repairs. The
Agent will assist with this function as needed.
The Manager is responsible for the day-to-day
management of the property. The Manaïer is accountable
to SBCS' Director of Residential Serv ces. This staff
member reports to the Bxecutive Director, who, in turn,
is responsible to the Board of Directors.
In cases of emergency, the Manager will act promptly to
safeguard the health and welfare of the residents and
to safeguard the .ssets of the complex and prevent
additional damage to the .ssets. The Manager will
immediately inform the Director of Residential Services
and Executive Director of the emergency situation.
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III. PERSORlfEL POLICY UD STAFFING
! IlIa. BmÐlov... and PersoDDel polici..
All .taff will be employees of South Bay Community
Services, Inc. and will follow the organization's
Personnel Policies. .
SBCS employees participating in the program include:
On-site Manager, Case Manager, Director of Residential
Servic.., Ex.cutive Director, D.velopment Dir.ctor,
Fi.cal D~ector, and Community Development Director.
IIIb. ~r.iDiDa aDd MaDi~oriDa
The Dir.ctor of R..idential S.rvice. and Ag.nt will
provide a..i.tance to the On-.it. Manag.r through
dev.lopment of .ound and well-writt.n -.nuals, training
.essions, car.ful monitoring of r.port., and frequent
site vi.it.. SBCS will train the Manager in social
s.rvice i.su.s plus ..n.itivity to homel.s. famili..
and the i..u.. th.y are d.aling with.
The On-site Manager will r.c.iv. .pecial training in
mediation and conflict r.solution, drug abu.e
pr.v.ntion, AIDS pr.v.ntion education, and cri.is
int.rv.ntion.
R.gular and documented performance .valuations for all
.taff (central offic. and proj.ct) are pr.par.d by th.
( immediate supervi.or with th. a..i.tanc., wh.n
indicated, of hi. or her superior. Int.nded to .xpo.e
str.ngths and w.akn....., th. .valuation is then
r.view.d with th. employ.e with the goal ~oward open
communication and ~tual ben.fit.
%V. PROJl:CT &CCOUIITIRG
%Va. Account-iaa ...i.
South Bay COIIIIIIUnity S.rvic..· account. are llaintained ~
on a cash basi.. Within the organization'. financial
records, th. project'. record., are audit.d annually by
an ind.p.ndent c.rtified public accounting firm.
IVb. Di.bur.-..at:.
sses' Fi.cal Manag.r will llak. the following
di.bur.ement. promptly when du., payroll, b.n.fit.,
utilities, tax.. and a.....ment., in.urance, and all
oth.r expen... incurr.d ~o cov.r operating cost..
lYe:. CDDt.r.~iDa,. Parah-.laa,. eo.t. CaD~l.
For routine or ...rgency r.pair. beIond the capability
of th. Manag.r, the Director of Res d.ntial S.rvic..
will .stablish account. with d.signated contractors
(i..., plumber., electrician.). Th. proj.ct will u.e a
Purcha.e Requ.st Sy.tem for all .upplie. and servic...
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Invoices will be sent to the Director of Residential
Services and will be paid by the Fiscal Director
subject to the approval of the Executive Director. If
outside contract services are required, bids will be
solicited from at least three contractors for any
amount over $1,000 and a minimum of three bids must be
received for work costing $5,000 or more.
When possible, major repairs or other items will be
budgeted. In emergencies, where items are not budgeted
but are essential to the physical and 10nI-term
financial viability of the project, the D rector will
present proposals for purchase of those items to the
Executive Director and options such as loans, grants,
and in-kind work (from the Agency and others) plus use
of Agency reserves will be considered. If such sources
are not available, consideration will be given to
deferring some items which were to be accomplished
within the budget to a future point in time. In the
event of dire emergencies, the Executive Director will
make a reasonable decision to effect repairs or provide
the services necessary.
The Director of Residential Services will be
responsible for ensuring the coordination of all
programmatic reporting for the project. The Fiscal
Director will be responsible for all accounting
requirements.
v. COMPLIARCI: ARD U:PORTIBG
The Sponsor will comply with all operating and
reporting requirements of the Agency including:
a. 'Maintaining and repairing the Property in a .
decent, safe, and sanitary condition. ~
b. Conformance with the BOME Investment Partnerships
Program regulations (24 CPR 82) and the City of
Chula Vista's BOME Program description.
c. Conformance with the Conditional Use Permit, No.
17165, as long as the Permit is determined to be
valid.
d. On a semi-annual basis, provide a written report
to the Cities of Chula Vista and National City for
the previous six months which includes demographic
information on all the tenants which have occupied
the units. In addition, the Report shall include
a financial statement of the income, operating
expenses, and Residual Receipts, if any.
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The Director of Residential Services will be
responsible for ensuring the coordination of all
programmatic reporting for the project. The Fiscal
Director will be responsible for all accounting
requirement..
VX. SECURITY DEPOSI'rS AIfD SAn.os PLAH
Becau.e of the .ituation. of families being .erved,
. .ecurity depo.it. will not be required. Familie. will
be required to rlace .eventy-five .(75) percent of
.arning. in.n nt.r..t be.rint ..ving. .ccount for u.e
tran.itioning to independent 1 ving. The.e doll.r.
will p.y for .ecurity d.po.it., fir.t and l..t month.
r.nt, moving co.t., and other tran.ition.l .xpen.es.
VII. OCCUPARCY PLAR
VIla. Referral aDd Scr..aiBG
Staff from collabor.ting .gencie. and oth.r
organiz.tion. in the South Bay pr..cr..n rro.pective
familie.. Agenci.. th.t work r.gularly w th homele.s
famili.. provide mo.t of our r.f.rr.l. and include the
IIAAC proj.ct, Luth.ran Social Servic.., Salv.tion Army
.nd METRO. SBCS f.cilitat.. periodic tr.ining. for
collabor.ting .g.ncie. rroviding an opportunity for
f.ce-to-f.c. communicat on .. well.. di.pen.ing
updat.d information r.garding c.n.u./demand,
appropri.te r.ferr.l., guid.lin../r.gul.tion., .nd .ny
problem ar.... (Pl.a.e s.. ..1.... of Information,
Proaram n..criDtion - Addendum R" and Linkage
Agr....nt, Proaram ne.criDtion - &~A.ndum G)
Additionally, the Short T.rm Housing Program .cc.pt.
referral. from oth.r organiz.tion. such .. school.~ ~
Department of Soci.l Service., other government
agencie., police department. and religious groups.
Their key people are included in the tr.ining. and
a.ked to share information with other st.ff.
Referring agency staff are a.ked to phone for the
current r..ident census information and to provide pre-
scr.ening information before sending potential families
to SBCS for .econdary screening. Both referring .t.ff
and potenti.l famili.. are aware that a referral, .ven
when .pace i. availabl., doe. not guarant.e a stay nor
it. length. TO limit inappropriate r.ferrals, SBCS
provide. the above trainings, specific information on
screening criteria and determine. the referring staff's
.valuation of pro.pective clients.
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The Short Term Housing Program Case Manager will work
with the referring staff to prescreen prospective
families. Upon referral to the Case Manager, adult
family members complete an application and the .ntire
family is intervi.w.d and .cr..ned by the Ca.. Manager
for entry into the program. Th. purpo.. of the
.creening i. to a..e.. the family'. likelihood of
completing the program .ucc...fully; i..., families
must b. willing and able to comply with the Agreement
and the Guidelin.s (..e Proaram Descriction Addenda C
and DI .. well as .chi.v. the goal. .et out in their
c...plan.
Bach r.f.rred family will compl.t. an .pplication for
.ntry into the Program (Pl.a.e .ee proaram
Descriction - Addendum AI. The application includ.s
personal information, family information, education,
work hi.tory, brief h..lth hi.tory, curr.nt
..dication., curr.nt financ.., other po..ibl. r..ourc.s
.nd qu.stion. ~arding the circumstanc.. l.ading to
the family bee ng homel....
Bach ref.rr.d family will .lso compl.te .n initial
int.rview for entry into the program. Pl.... ..e
Proaram ne.criation - Addendum B for interview
"qu.stion.. Th. C... Man.g.r ..et. with all family
member. for the initial .cre.ning int.rvi.w. This
initi.l int.rview i. approximately one hour in
duration. The int.rview expands on is.u.. rai..d by
the writt.n applic.tion and al.o COVer. ..nt.l h..lth,
drug and/or alcohol u.., criminal hi.tory, family
violence and any plans for obtaining perman.nt hou.ing.
The Ca.. Manag.r ..y require a second interview with
the Program Director.
The int.rview i. u..d to clarify application . .
information and to r..olv. que.tion. r.lat.d to the
following:
- .v.nt. leading to hamele..n...,
- prior participation in a r..id.ntial program,
- history of dru~.lcOhOl abu.e,
- participation a recovery program,
- hi.tory of ..ntal illne..,
- cr~m~n.l .ctivity or record and
- experienc. with Child Protective S.rvic.s.
Screening - Familie. struggling with any of the
following will not be con.id.r.d appropriate for the
Short T.rm Hou.ing Program. How.v.r, tho.. who ar.
participating in, or have r.c.ntly compl.t.d, an
accredited program d.aling with the i..ue will be
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considered.
- serious, untreated mental health condition such
as active psychosis or major depression,
- active suicidal ideation,
- current addiction to drugs or alcohol,
- history as a sexual perpetrator,
- history of violent assault and/or homicidal
tendencies,
- history of arson,
- any circumatance that would be excessively
disruptive to the rrogram or the well being of
other families or ndividuals, and
- any condition that precludes successful program
completion.
When necessary to verify any of the above, the Case
Manager will contact the family references, groups or
organizations. This occurs in cases where client
information appears inconsistent, additional
information is needed and/or advocacy would advance the
clients' caseplan. This is always be done with the
clients' full knowledge and with written consent
(proaram DescriDtion - Addendum B). The Case Manager
can also require a drug test before admission.
The application, interview information and background
( checks are used to evaluate the following: .
- need for short-term shelter,
- ability and willingness to give accurate and
complete information,
- ability and willingness to live cooperatively
in a short-term housing situation,
- abilitI and willinqness to adhere to the '. ,
quidel nes and requlations,
- ability to care for self and to refrain from
causing harm to self or others.
- ability and motivation to end homeless
situation,
- willingness/motivation to work with Case
Manager on caseplan, probl_ solving and
community referrals and
- ability and willinqness to ..et at l..st _ekly
with Case Manage~.
In part, the family's application and interview are
used to establish the above criteria. The evaluation
'quidelines are also used to further this process (See
Proaram nescriDtion - Addendum H). Por any family that
is determined to be inappropriate for Short Term
Rousing Program, the Case Manager will work with
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referring agencies to attempt to find appropriate
placement. .
Bach family that passes through the referral and
screening process will be required to sign the Program
Agreement and Guidelines. Please see Proaram
DescriDtion - Addenda C and D. The Agreement includes
what the Short Term Housing Program will provide for
families in terms of a respectful environment, material
benefits and casework support. Reciprocal expectations
for families are also included. The Guidelines cover
either very significant issues or problems that are
commonly encountered in similar proqrama. They do not
represent the exhaustive list. Families are asked to
use good judgement or to check with their Case Manager
if they have questions about a behavior that is not
explicitly discussed.
VI lb. GeoaraDhic Prlorl~v
During the -rent-up- period, provided they qualify for
the vacant unit as described above, priority for
occupancy shall be given to Chula Vista residents for
'nine of the thirteen apartments, including one of the
two bedroom units and eight of the one bedroom units.
National City residents will have priority for four of
the thirteen apartments, including one of the two
bedroom units and three of the one bedroom units.
As families move out of the program and units become
available this same priority system will be in effect.
For example, if nine Chula Vista families and three
National City families are living in the building, a
National City family would have priority for the one
vacant unit. .
.
Specific units will not be assigned to Chula Vista or
National City jurisdictions, but will be -floating-, in
nature. In this way, the -next- available unit will be
assigned based on this priority system.
VIle. Wait.iDG Ll.~
, The Case Manager will maintain a waiting list of
families referred by partner organizations to enter the
program. The list will be used to fill any opening
using the priority system defined above.
. Occupancy priority shall be based on the residents'
prior location, not by length of time on the waiting
list, likelihood of success, or other prioritization.
Residency shall be determined by substantiated
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evidence, auch aa utility or rent receipta, achool
I recorda, social agency records, or other documentation
which indicates that the applicant has lived in Chula
Vista or National City for a minimum of twelve months
immediately preceding their homeless condition.
VIII. MIIBR
VIlla. ...ideat Manaa...nt
In addition to offering employment opportunities to
homeless adults during the property rehabilitation
process and giving priority to job ..pplicants who ..re
homeless or formerly homeless, SBCS will provide
opportunities for residents to p..rticipate in
maintaining and oper..ting the f..cility, r":ïing from
g..rdening and building rep..irs to program des ..nd
building mainten..nce.
Re.idents will ..1.0 be ....i.ted in cre..ting and
maint..ining .. Council. '1'he Resident. Council will meet
..t lea.t monthly to di.cu.. current issue., provide
feedback to program ..nd management staff on procedure.,
operations, and service., and elect ..t lea.t one
repre.ent..tive to SBCS' Community Development Advisory
Committee.
( ,VIIXb. Pair Bau.IDG
In ..ddition to the F..ir Sousing Act compliance, Don-
discrimination policie., ..nd ..ffirmative action
rolicies in place ..t South Bay Community Service. and
n use at SBCS' housing project., ..ffirmative ..ction
will be supported in the proposed project through its
referral, marketing, and outreach systems.
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APPENDIX A
DRAFT
DIFFEREHTIATIOR OF STAFF RESPORSIBILITIES
OPERATIONS RESPONSIBILITY
1. Maintenance of building and grounds On-Site Manager
2. Landscaping On-Site Manager
3. Screening and selection of residents prog Dir/Case Mgr
3a. Maintaining waiting list prog Director
4. Processing of evictions prog Director/Agent
5. Legal representation , services prog Director/Agent
6. Making' enforcing of agreements Case Mgr/Prog Dir
7. Handling of emergencies On-Site Mgr/Prog Dir
Case Mgr
8. Inspection of units On-Site.Mgr
9. Social service referral Case Mgr
10. Security On-Site Mgr
11. Train On-Site Manager Program Director
12. supervision of On-Site Manager Program Director
13. Family involvement , supervision Case Manager
14. Verification of eligibility Case Manaïer
15. Resident Issues Program D rector
16. Submission of required reports prog Dir/Fiscal Dir I
Executive Dir
17. Preparation of annual budgets Fiscal Dir/Exec Dir
18. Payment of authorized expenditures Fiscal Dir/Exec Dir
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EXHIBIT D
LETTER DATED JANUARY 20, 1995
FROM SBCS RE: RESOLUTION OF
THE DRAINAGE PROBLEM
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315 4th Avenue, Suite E . Chula Vista· CA 91910 . (619) 420-3620/9790/5051
)
January 20, 1995
/3
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Mr. Martin Miller
Mrs. Barbara Reid
City of Chula Vista, Planning Department
276 Fourth Avenue
Chula Vista, CA 91910
RE: PCC-93-93\IS-93-36: Compliance with Condition\Mitigation Measure
Requiring Resolution to Drainage Issue
Dear Martin:
South Bay Community Services corrected the drainage issue,
identified as part of 15-93-36, by retaining MAAC Project
Construction who cut grooves in the concrete sidewalks in the areas
of the courtyard that previously ponded. The work allows storm
water to drain into the flowerbeds and to the outside of the
courtyard.
In addition, SBCS had the flowerbeds cleaned out and dug down three
inches by volunteers. You may recall that these were overgrown and
the level of soil was higher than the surrounding sidewalks, thus
not allowing adequate drainage and contributing to the pooling
problem.
We also diverted some of the water that previously drained from the
roof into the courtyard. Now that water'drains to the front and
sides of the complex.
With these changes, we have had no ponding or flooding during the
recent storms. If you have any questions, please contact me at
420-3620, ext. 11.
Sincerely,
Dan Marcus
Community Development Director
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COUNTY 0' .AN DlløO
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EXHIBIT E
NOTICE MAILED TO
AREA RESIDENTS
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CIlY OF
CHULA VISTA
PLANNING DEPARTMENT
December 9, 1994
RE: Review of Conditional Use Permit PCC-93-39R
To whom it may concern:
The Chula Vista Planning Department is reviewing the conditional use permit PCC-93-
39R which was approved by the City Council on July 13, 1994. The approval was for short-
term transitional housing for homeless families. The facility is located at 31 Fourth Avenue and
consists of 14 apartments (see locator map on reverse). Homeless families stay in 13 of the
units for a maximum of 60 days. One unit is reserved for the property manager. The project
serves only homeless families and not the habitually homeless or homeless singles. South Bay
Community Services is the operator of this facility.
If you have any comments regarding the facility which you would like to be considered
in the review, please call Martin Miller at 475-5332, or direct your correspondence to the
following address:
Planning Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Ann: Martin Miller, Associate Planner
A report on this review will be forwarded to the City Council during January, 1995.
Any comments you have pertaining to this matter must be received by this office no later than
noon on December 28, 1994. Any person wishing to receive a copy of the Zoning
Administrator's report to Council may contact the Planning Department and request same.
Sincerely,
~- ............~~
-
Martin Miller, Associate Planner
cc: Ken Lee, Assistant Director of Planning
Steve Griffm, AICP, Principal Planner
Juan Arroyo, Housing Coordinator
Dan Marcus, South Bay Community Services
¡;¡ - /~ - 91 ftl7ai.hd M ;-w if~ -y J~5J
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 919101(619) 691-5101
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EXHIBIT F
CHULA VISTA POLICE DEPARTMENT
MEMO DATED DECEMBER 6,1994
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Dëe J ., '~34
DATE: December 6, 1994 I .~
TO: Martin Miller, Associate Planner PLk" IJ,,~G
VIA: Captain Zoll, Inve~ati ve Division ðÞ11þ
FROM: Mary Jane Diosdado, PS
SUBJECT: Conditional Use permit¡ 31 Fourth Avenue
I have reviewed the information that you provided to the Police
Department reiarding the permit review for the Transitional
Housing Facil ty for the Homeless. I have spoken with Gre!
Pickett, Crime Analyst, regarding the past 'calls for serv ce'
and reported crime cases and he has supplied me with the ,
information on the crime/incident reports for that area. Since
June 1993 through November 1994 there are a reported five
crime/incident reports. In addItion, there were approximately
thirty calls for service ranging from a water leak to an assault
with a deadly weapon. The following is a breakdown of the
documented activity at 31 Fourth Avenue.
Calls for Service Total Crime/Incident ReDort Total
Disturbance of the 415/DV and 245a PC ADW 2
Public Peace 17 11377a HS Drug Possession 1
Search Warrant, Drug 1 11379 HS Transportation 1
Related and sales of Narcotics
Check for Runaway Juv 1 Runaway Juvenile 1
The above listed CFS and Crime Incident reports is not of an
unusual amount for any mUlti-family units within a 17 month
period of time. The patrol division watch commanders do not
recognize this location as a problem area.
I appreciate theopportunitr to have input in the planning
process. If you have quest ons, please feel free to contact me
anytime.
..
~y ,
)7/~ I
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EXHIBIT G
WRITTEN RESPONSES TO THE
NOTICE
OPPOSING CONTINUANCE OF
FACILITY FOR HOMELESS
FAMILIES AT
31 FOURTH AVENUE
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December 28, 1994 PLANf\:;NG
Martin.Miller
Planning Department
Re: Hearing on Homeless Shelter at 31 4th Avenue
Enclosed is a copy of a rental application for an apt.
at 21 4th Avenue, C. V.
As you can see, the applicant and her aon live at .the
homeléss shelter.
Mrs. Sanchez spoke openly to me. She said she received
NO JOB TRAINING and no one else at the shelter received
any. Sh~ ~as given a small amount of food. Her child
received no child care. She received no help in locating
affordable housing although her 60 days at the shelter are
up.
Martin, your report on the homeless center to the Council
SHOULD COMMENCE WITH THE FACT THAT THE PROGRAM BEING
( OFFEREU IS NOT THE PROGRAM APPROVED BY THE COUNCIL.
Once Cathy Lembo received her funds to buy 31 4th Ave.
she altered her program. She never did rehabilitate the
, homeless to be self-sufficient as she promised the
Council she would.
Martin,. you corrected th~ physical violations AFTER they
were point out in our response to your notice of a closed
hearing by,the Council early in,January.
However, there has been NO RESPONSE to our inquiries over
the past 9 months about the job training, the child care,
the busing of children to school, the transitional housing
and job placement after the 60 day stay.
These services are the ease nee of the promised program.
The promised program vas changed by SBCS to provide free
housing to poor people vho receive their income elaewhere.
In other vords, it is a FREE RENT program.
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'hick aDCl IImDc traabIe aMIDe
,'. ...,.._ te tIMIr 1aDClIanI..,.....t
t te -w.r 1ooidD¡ late the ...m.l_
...... "..,....... . &oath
., c-ml1llit, &.r-'- ~ .....
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! ~ent ocbed11Ie I>..lh_ the Iud- 17-vJ
' . aDCl WIWIt. To qaaIiI't I'or the
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o · die madian hwfThold tDaome Ia San
· DioF CoImt,. Par .... mr-.t:Ioa
..n C7Dtbia CanIIalos at G).362O.
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The guidelines under which the City Council approved
the program DO NOT EXIST.
Current residents at the homeless shelter,:like Ada Luz
Sanchez, would qualify for SBCS rental assitance program.
The homeless shel!er should be closed because SBCS is
just giving free rent instead of rehabilitating the
homeless, as they promised the Council they would.
The American public is angry that non-profits likè
SBCS take their operating percentage (this includes the
salary of Dan Marcus and Cathy Lembo) off the top and
give the taxpayers nothing in return for their mon~y..
Sincerely yours, . L
~ 6'-. cr
" cc: City Attorney Bruce Boogµard
Mayor Horton and Members of the City Council
Ed~tor, Chula Vista Star News
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"V .~ . - . ........ -.-.. i
. ,RENTAL APPLICATION 't '(OD piLi A-C(. h:¡.
t ' -I'i.J7
Property Address: ' Ren\. "tarts: . ,I) _P'~( C\,,~ 'f . .
. Wame of pf!uons to occupy apt.,:. .A(~" " JAvv'J.f:)i)f
I A.-f1;(ft J u2 <:¿It/;,.::.... Age .;)'f Relationship - .
4 _' {' , I ., 1/ r . /
B. -rt't.A.t.(A 5 -=>c."'d.... 2 Age ¿ ''Z R.lationship .J"/V
.
C. Age Relationship
D. Age Relationahip
Any persona occupying apartment, other than those liated above, are unauthorizf
and immediate eviction proceedings will result.
. 1þn )loyment Information: (J.' /' Il -....~
ç ,.", . ~C·' ~/1YI Ijv . (1,/4' ::>70 '~k.
A. Ðnployer ~ I..:t-h ,.t>J ')'5~.¡(..hddress -:r ''''tH''' ¡;,./,:¡." {\..(J- Phone //; ,
Position ..... ..\'>t·, .wl'Ctv.{ IL~ How long? 11111L'~/'~ Soc. Sec. .. ~t.?-~~" 7Ç1
'"" ' . 1/, S(\::;' _Up .z:".......
Job Supervisor j)!...t, '> {)\,~ Month4.Y tak-: home aalary:~ "..., h-"( rl>-",,··,
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B. Ðnployer Addr.ss Phone
Post tion How Long? Soc. Sec. ..
Job Suoervisor Monthly take home aalary:
Former 'Residences: ^ / r-
( ~l'·kJ¡... rt..J..' i ~ ""f,,,...:::,-n) \'). ,. ..t(.~
Preaent Landlord (o,>,. 1.":- ,', ,'L.ßI Addre.. Phone
pr~aent addreas 31 . /..f·llt '¡¡'Vi.. ";-'1 How long? ¿.f.5B,\'fI¡c¡y Phone rJ:- fJ (I!t)
Wh~ are you moving? ~ ,,,.: ~ r./t;, '111/ tJ·, (;:5 dl"l~ J:'.t~7··t. ¥~t-5'1fJ
~1; ""J't " ';J¡..lf,,- ..I.,'. ( '11.( ðr ~.fjj,.
. Information on Parent a or otheor k1 . ::;¡. C' r ..... 1..4 ,. .,t'~JI.c'. II JItI=~ :..¡..
Nama~U.l'{'IL IA'b~ Addr...·,·~/¡(If .j,itf:f Ak,,: J/fJ-/tÇ1.phone '-I,',}.~·Xl./r(1
f ,,':..t;,\, 'f$./ti ,: l: ~ q;¿ /7:1. :)::> /
e erenees:
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Credit:No. 1 "'-'Ie. f~I'I¡1.l....J- Phone: I-~ts' -5::J.7-771! ~'¡'~(P7S.-,t"1CJ.f'r,
No. 2 /J.r~ T Y:Sfl Phone: 1- frtC 'Jf;;¿3-lf3¥~ CJ-~
Personal: l).~ ('ur.,-h r' . Phon. :-;~? ~~ ¡, .
211M' '/)ilJ~ Phone: ::,Ir-::J",
utomobile Jll!li(" ,,1M.: v:(. '~-1 Licenee" 1t'... Yi '7Ü,....
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......lie.nt (s) Sign: f,. i )" \,;{".,/,¡lfI.).L Date:
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'lIS APPLICATION IS NOT A RØ1'AL AGREEMENT, CONTRACT OR>LEASE
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, Letters to the Editor
I Church's1R5th fet. market with JOur money? Why think 01'. but probably the molt
aided by publicity are there no wlunteer fireficht. plluine politician who truly
en UMd in the citiel? _ about llil alatituenta. I
In behalf 01' the D*IIhera 01' the remember workin¡ _ for an
Pint Oonpeptional Church, we Precl CrewUn, D I IOIIent of ~I in an allm-
wish to ~ our thanks and (Retirecl fire chief) bly nee for pure y penonal pin
appreciation for the cooperation National Cit)' and I admit tIda, and all the time
~n by Sandy Vaque. in her thinkin¡ to III)'Iaif, thia ia ludi·
Ip and ~rti.. in ~zin¡ Electo18re should fill eroua IUpporiin¡ thil jerk when I
· our Church I 12IIth AJmjverury. council vacancies !mew in my hean th.t Ore, wa
Her article appeared in the Star. the beat candidate. I _r let
N_ on Nov. 19-20,19940. I wa very pI_d by the ..n- thia ha~ agai~. . .
A w')' _aful event took timenta. ...ed by lIewl' Bvan wh.le thll political hack
pl_ ~ Bunda>:, Nov. 20. wit!' alected eo.:;.1man Stew Padilr~ wa .llin¡ outriJht 1iaa about
beat _~.. reœJved ~m Prel'- . on the appointment of John Moot ~,he, ata,ed a cut above aU of
dent ClmlDo, 1'ICOI'ntion from to the City Council PadiU. poln- .t by bain, a true I"nt1eman to
the Mayor 01' ~a~nal City, all t.ed out that appoi~tinC IOßIeOlle the and an~ thil ~ the kind of
. due to pel pubbClty. without their promiae not to run ~tative I think we should
Thanks again to Sandy, wbo for e1ecäon ÍI tantamount to ~l atriw ID h.w protec:tin¡ our
WII a,reat help. handin¡ them an ei¡ht- to ten- mtereat.
, BoImle aam- JW'tmD. . DarrrI Gorham
. Church Clerk I would ~ike to add that t;be National City
PInt CO........tional Church . City Council œeda to take notice
_ that, ,bould CoW1Cl1man \
, Pœ'1 .at become _t clue to
"'18medlc "rvlce Ida pendin,1epl criail, i~ will be =~ questions
. 8bto1utely un~e. ... 1\11 It n. symp,ilhy
· ahould be "... :':JI01!!tiiiëñi: intin¡ - Shirley Hørton .
. Der to euc:h a 1ftIa11 quorum Mayor anDOW1-
.If paraI!1Idic ambulance ....- it an 1IDIPpeaHn, practice, but lICIaheÍl_i~diendly. .
WIt were free, there would be no &Din, a _nd poIt in like man. 0. 01' her lilt .. a MaJOr
arrm-t with Aøwrican. about _~ ct... _t.DB.1 01 np- - to.-1 the ~ on the
pnce. In molt 01' the Midw..t, _ntative COWmment. - II.AI..... _tar pnIIII1aed by
ambulance aerviœ (p,ramedlc . Mayor Nader when it wa apo
with adlile intanai". care unite ChrItt.opher W Holiman pruved - ,.. ... against vol-
~ at no _t) ÍI by the cbula Vista UIinouI CID1I\1II1IIÚty oppotitåoD.
1ft tlapartment _ be they Mayor Horton announced the
I fu11 tI_ or volunteer qenclel. N¥IIW wiD be dacIded behind
Pira ttatioDI are nøt often 10- Greg COX best man eIoeId tIoort. No mention wu
· _.. 10 a to provide .mce to to replace Bllb18Y ..... a iii wbowi11attend.
, their diatrict in lOur minutel or The thl'll ~t ~rty
leu. Alk an~r bow lon,JOu Not bein¡ in the CIOunt)' loop. I a:'~ Ave., üI.
ean III wi t Dll)'pII, _rioua don't really know what proœdure ìata, wboca buaineI- b.".
linin cIamace may reault. the Board of 8upervilOft ÍI pin¡ been dettro,ed by Can La Vida
Take a look at the œat 01' on, to _ in replacin¡ Con¡I'IIIman- NUIYI haw ..... adudeð. Writ.
en¡ine ODJIIPIIIJ.lDcludinc man· elect Brian Bilbrey. If their ten reportl are accepted.
C' to protIICt the bo_hold CIhoioa ÍI to appoint 10_ a Howver, - than· - ciDzen
loa (which can be replaced _Halla to boldin,a epacia1 e1Ic> ItttarI elllOlll l1aint ID the City
" by ÍDlumø) and the _t oCone tIon I øu1d like to put my plUCin CoancI1 8IId the Planilin¡ De-
l pÍlranWdic 1IIIit to protect the f.- lor the a-mayor of Chula Viata, partment" h,'" not been an·
I mill from irrtpl_ble Iou of a Orec CoIL I ciDn't believe the Þered.
laníily _mber. Now ak youreelf South Bay oould ever I"t a - ·vn.o..Ide ill Mayor Horton
I whJ the aovemment providea one qua1ified penon to rep_t on?
aarvica flee and ....... for the them 11II ~al illllel.
. othtr1 ~d (ll'ftl.'Dment tax. JOU. Orec in my C!PÍnÍOD ill not "'ly Helin HickeJ
~ .~.~~,,~t the~,P~~)',,~ the moI~JI,!,1j~,J*.!IO"J.~n·_~;. .::" ChulaVilta
..........,... ..,.... ".0' '. "~ .
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December 20, 1.It.~ r. 7 19Q,;
1994 -
Pi....Ai\ì,; \~
Martin Miller
Planning Department
Chula Vista CA 91910
RE: Renewal of homeless center at 31 4th Avenue, CV
Judge Peterson's ruling designating the City Manager
as the appropriate one to oversee housing all of the
homeless should have an impact upon the decision of the
Chula Vista City Council to continue the above homeless
center.
The Planning Department should recommend to the Council
in your report that funding La. Case Nueva Vida is a waste
of taxpayers' money. Last year, SBCS, Inc. DID NOT OFFER
job training AS PROMISED. They did provide housing, in
some cases, to recipients of AFCD who had already received
~ a housing allowance in their monthly stipend. Good manage-
ment of this allowance would not have made homelessness
necessary and SBCS, Inc, is just encouraging the jobless
to double dip into the public coffers. Housing of AFDC
recipients was verified to me in my office on Monday by
¡ a case worker from the Fraud Unit of the County Welfare
~ Department.
In view of this recent court decison that State law requires
cities to provide emergency housing for all homeless, it
should be recommended to tbe Council that the City Manager
should provide for the homeless and the homeless shelter
at 31 4th Avenue be closed as being inadequate and illegal.
Proceeds from the sale of 31 4th Avenue would provide a
corps source of funds to bring the City of Chula Vista in
compliance with State law.
It is hoped a legal suit will not be necessary. However,
if the Mayor and the Members of the City Council continue
to act in an arrogant fashion and ignore State law and the
best interest of Chula Vista, it may become necessary.
Sincerely yours,
~ Þ':~ð'
Regina Hickey
Villa Vista Apts.
Chula Vista CA
l cc: Bruce Booguard, City Attorney
~~. Bob Leiter,.Planning Director /7 -( 'J
Mayor and the City Council -~
Editor, C. V. Star News
~. - . .,
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.=
Make room at the inn
Court ruling could require shelter If»" all
, s San Diego doing aU it should to pro.. Mtentioa Dearly nine IIIOIItba ap¡ When
vide for its hollleless the fear around. the d~ recei~ .letterSan~ ~
not just on cold and rainy nights? to IIelViøa DOtice tIJa! ..'" .......
Superior CoIl1'tJUdge Wayne L. ~~overd~ ID UJld:atiDgltsCWII-
Peterson thinks the answer ia no. And un· II6aucé With the law s I'IIQWI'e:meDta 011
Jess the judge is persuaded othenviae be- Itousing. .
lore this week's end. he couJd ÌIIIpoae pen· We can only IUesa bow m~ ~r the
IIties of unprecedented~. Some ~te aJelley IlliCht have COIltiDued Its lIS-
01 local government's most critical and lIVe elfort at enforcement by ~n-
dence rather than by cnc:lân¡ clown; But
= the SacrameDto olfidaJs got an assist last
L · n 1 IIIonth from a iI"OIIP 01 Youna 1a1V}'ers in
10 e the San Diego Bar Aasóciation _ uelf- .
&enerated _t team" who dedcIed to
't r D ,1': ...... take up the cauae oIlIon,.........ess 011 a Þro
. V an e e r ..I..·.u œ.,o basis. A c:laas-action IaWlUit 011 be-
half of 3.000 cIocwneDted &treet peopJe
... filed by attorney Tim CobeJañ 011 Nov.
most lucntive functions could be shut J 7. And in aJmo.t record time. it reauIted
down on Christmas Eve and ~ond... in last wéet.s COUI1room bomb.
Like what] Like the isauanchf ~cIin¡. Iø an order JDore .,........ than has
llermits.lODing law enforcement and Im- muted any COIDparabJe earlier cIiapute,
JlJementation 01 the dty·. other IancI-uae Judge Peterson Iozmauy eave the city 120
POwers. days to adopt Ol'dinanc:ei. ~ the
What lies behind Judge Petenon·. atate'.~~OI1
threat] Under a ltat~te wlûcJJ has been 011 ....00:.". ÌIri~ t!IDeI~ shelter. But
the bóbJca in CllitOl'Dla for 30 rears. ~ lie set a heuing for next FQciay at W/Jic:iJ
dty pre~ aome~ caIIed.a "&e!JeraI lie threatens to ~ p""·'tJea for the
plan." This 18 a prOSpectua ~ WIth city'. JlUt """'-Ipnanc:e.
the availability of water, with Ú'IIIapc¡rta. ColIeJaD; who settled bere after Viet-
tion Deeds. With provisions for JlerlDanent JJam.era aenice.. a Navy lieutenant, has
open space and other Iand-uae matter¡ - a law practice devoted mainly to c:Jau..c..
inclUding hOusing. . tioa litiptioa. But the actioø befare~ . . " .
The law's aection on housing c:aUs. on Petenon has been IIDIiIce any other. For ~
cities to identify the present and Pl'Djected CobeIaD and the handtUí who had.iained
Deeds 01 aU... odmic selllllents 01 ita pop.. IJim in ~ tbia """'PJicated mat-
Illation - the welI-t~o. reaiden~.oI ter _ Carl Pairot. who IJeada the San Die-
moderate means.low·lDcolIIe lam,'oes and c..~. ¥Ulunteer Ia"}era' ~ pIua
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,
De~embe.. 15, 1994
Dea.. M... Mille..,
I .m responding to you.. letter conce..ning the homeless
shelter at 31 4th Ave. Chula Vista.
At all of the City Council meetings Kathy Lembo kept telling
eve..yone that this shelter would not be and eye so..e 01" have any
effects upon the neighbo..hood.
F..om day one there have been ~any problem.. She guarant_d
the City Cc'un~il that programs would be est.blished to train the
{ people who live the... to do a service'or get a Job.
Over the past 12 months I h.ve spoken ..ith nu_..ous tenants
of the shelter. In f.ct, one of you.. city inspector. ...s with me
oyw day and we both spoke to the ten.nt. She .... pregnant and
..as unable to be trained. Her boyfriend Mho lived with her was
al.o not in . training prog..am. To her su..prise she didn't even
know that . p..og...m existed. She h.d b_n th.... It!!; day. .nd he..
till. .... .bout up. No one had discussed with he.. ..hat wa. goin~
to happen to her. She .... .lso given 1'10 food. A NO.en in he..
condition should be monitored. She liv~d in . studio·.pt. There
.... only . mattress on the floor, no other furniture was noticllCl.
The pl.ce Me. a.... in. ide, not clean or tidy. Her ehild also
h.d no transportation to and froll .ohool as pro.i .ed by Kathy
Letnbc.. The inspector wrote up the violationsr illegal telephone
placement, dumpster u.ed .s .. .torage shed whic:l"l opened up to I
happen to be passing by, .nd unk.pt grounds trash
anyone ..ho ,
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garage, and Just overall general ~ilth.
On another occasion, the Chula Vista Police was called. A
lady inside and upstairs apt overlooking the road easement had a
terrible habit of sitting ir, her window playing her music ao lClud
you could hear it on Fourth Ave. She would sit in the wir,dclw
amoke cigarettes, do her nails and listen to this music all day
long. If you could yell loud enough she fIIi ght lower the volume
1/2 decibel. This particular day the usual noise was gOir,g on
when her boy~riend wanted to see her. He was very ~
e)(p~oit on
IIIhat he wanted. The foul language t hat followed rf.f' unbelievab Ie.
i:: The boyfriend proceeQedto throw rocks at the window and she
started screaming back louder. The officer came and took the san
,-.I
away, while the .olllen continue to do her nails. Was this lady in
.' training to learn to do sOlllething'? Shortly afterwards the lady
must have left the shelter because the susie stopped. Maybe .he
IIIasn't the perfect homelesa person!
On another occasion, the Chula Vista Po 11 ceo were at the
center. That evening ~.øone had removed the lic.nse plate. from
, the car of one of the tenants living .t 21 4th Ave car. He had
to lIake a report for 1'1_ plat.s. I ....lk.d down and asked the
offic.r to come up when he had fi l'Ii shed, which he·did. I _s
discussing the hosel..s sh.lter with hi/ll. I ..ked if it was
against the law to remove all of the countl.ss shopping carts on
the property at 31 from the nearby shopping centers. He said it
is . crime punishable by law. Kathy I..embo is en.abli ng these
people to viol.t. the la..,. She said .h. was to provide
transportation to añd from any areas that the sh.lter n_ded to
-~ /7~ ?tJ
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gel. If transportation is available why does the parking lot le.ol<.
like it does? I have persona 11 y ca 11 ed and wri t ten te. ~r.
Miller, X Mayor Nader and the entire City Council complaining
that the parking lot looks like a shc.pping cart ~nter. I lIave
also complained to South Bay Community Services however, no one
does anything.
My next example involves a ..an and his family from Los
Angeles. His wife had to have an operation. He had a daughter
in Ti/Juana and a son school age. The son was attendir.g a near--
by school. He said that he had to transport his son to and from
school. There was no transportation available at the center.
His wife was to be in the hospital for a certain amount of days.
( He 1Ipel'"It everyday with his wife after the operation. He was
given no Job training because he was with his wife. He also was
. on general relief and barely had enough money to buy food. I
t
would see this man quite frequently and kept asking him where he
was going to go because his time was Just about up. He did not
know. At the end .of the 60 days I _w him and he said he was
staying a little longer and looking to get an unfurnished apt for
S375. His car wa. there at the least 10 days More and then he
left. He _s pleased that his wife was going to b. fine but his
plans for the future _re very uncertain. .
If this is not enough cases let me know I have nore!!
Kathy Lembo's bill idea has f'ai.led. The people that are
there at the shelter are Just using the system to Qet what they
can out of it at the expense of the taMpeyer.
South Bay Community Servi~snl!ed5 to have their conditional
~~ 17---71
d~.~ . .. ._,-,.._-~,-~--
. :
use permit revoked. The have DONE NOTHING to helc anyone stayir',g
at 'the shelter. All they have done is had the taxpayers buy an
old building at an overinflated price tag. They are rIot iI'" the
business of helping they are ir, the business of buying real
estate. This makes them look good on paper.
:Ifter all the phone calls, letters, correspondence to the
city and secs no one has ever shown any proof of evidence, wh ic:h
Kathy so glowingly reported on the training program. to be dc, ne
at the shel ter. There is no training, there is no transportation
to o~' from anywhere, there is no supervision of the children t~at
run wi Id, especially during the week-ends. There is nothing!!!"
The whole thing is a big expensive farse. This gives the
appearance that the city of Chula Vista and South Bay Comllur.j,ty I
Services are doing something about the homeless. :Ill they are
doing is patting themselves on the back and giving congratulation~
to each other at the expense of the taxpayer.
I have enclosed photos of ar. Orchid Award given to the City
of Oceanside Homeless Shelter. If you look the City assumes some
responsibility for their homele.s and their shelter. They MAKE
the ~sidences cl.an up the place, be responsible for their
actions and be neat and clean.
I have also enclosed ~.e photos of tne City Of Chule
Vista'. Homel.ss Center. This is the ENTRRNCE to YOUR city.
As you can see by the photos not much, if anything, is clone at
the shelte~·. There is no Nainter..r.ce program. Etroken windows,
falli ng down fences, missing screens, or screens which have been
Just this side of being de.troyed. Thet~ is Minimal landscapi, n¡;,
.
~ 17 -7;2....
.
~. which is almost dead. The parking lot is dirty and filthy.
There is always broken down furnitijre either in the trash bins or
lay ir,g on the ground. If the furniture fills up the bins the
trash is thrown on the ground.
The City and South Bay Community Service. deserve an ONION
Award for allowing a c:ity funded proJect to turn into a public:
eyesore.
Si~ ycou~,--
Ba. bara ~
21 Fourth Ave.
Chula Vista
(
c:c:: Ken Lee
Steve Briffith
Juan Arroyo
Dan Marc:us
Mayor Horton RindOM!,~
FOK, Pad ilIa,
Editor Chule Vista Star
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December IS, 1994 )
Martin Miller
Planning Department
RE: Annual Review of Homeless Shelter at 31 4th Ave.
In view of the widespread opposition to the homeless
center being operated in a previously quiet, safe section
of Chula Vista, Mayor Nader stated on public television
that he would conduct a review in one year~
Now, you are going to review the homeless center behind
closed doors.
Martin; if you are honest, you will commence your report
to the Council by pointing out to them that the program
being offered at the shelter is not the one which the
Council approved when they voted $1,000,000 to purchase
31 4th Avenue and put title into the name of South Bay
Community Services, Inc.
The program ~hich is being offered at the homeless shelter
has had d~astic negative impact upon the immediate neighbors ,}
and upon the neighborhood in aeneral. '-....
As an immediate neighbor to La Case Buena Vida, I can say
; my worst fears have come to fruition.
Martin, I hope you don't water down Jour report to .ake it
seem like the homeless program is an asset to the community.
The Villa Vista Apts. has had enormous turn-over aince
December of last year which can be contributed directly to
the homeless center nezt door, not 10 feet.away from our
management office.
To recap our police reports by category:
1. Homeless park in our tenant's partiag spaces.
2. Gasolina is stolen from cars parked on our parking lot.
3. There has been an increase in burglary in our apartments
and in our offices around the corner on Third Avenue.
(These have been documented at the C. V. Pol;l.ce Dept. )
As a result of the eztreme turn-over, we have' .had to reduce
our rents. Our apartments now are difficult to rent because 1-..., I
the working poor, who are our tenants, do not wish to live '-..
nezt door to the homeless. One look at the rear of 31 4th
Avenue, just outside our management office, and prospective
~ -~ /7--??
! - 2 -
"
tenants change their minds about renting from us.
,'We ,now have five vacant 1 BR, brand new apartments and
we cannot not rent them at any price because the homeless
shelter has made our location an undesirable rental
location.
The severe economic impact upon our apartments is proven
by tkë enclosed income figures for 1994 and the previous
year 1993.
The real reason FOR CLOSING THE HOMELESS SHELTER lies in
the fact that [athy Lembo has not kept her promise to the
Council and to the community who provided the funds to
purchase her a 13 units apartment bUilding.
On public television, before the Council, [athy Lembo
promised:
1. Residents would stay for 60 days and receive job training.
a. no job training is given.
{ b. residents are taken off the atreet and atay
(aometimes) for a ahort atay.
2. Children were to be bused to school. A achool bus has
never been aeen anywhere in the vicinity of the hoaeless
shelter.
3. The premises were to be kept ao they would blend with
the community. Just a' ahort atroll around the ahelter
and a short atroll around our complex is primae facie
evidence the homeless shelter sticks out as being
inappropriate for being next doOr to well maintained
rental units.
4.. Planning Departaent atandards enforced upon everyone
else are not enforced at the homeless shelter.
In other words, [athy Lembo feels ahe has the protection
of the Chula Vista City Council and ahe doas not naad to
be accountable. .
5. The children roam the neighborhood with nothing to do.
There is no afternoon program as promiaed. We have
repaired our fence put up to protect our pr~perty
numerous times after it was torn down by the homeless.
I 6. The incidence of graffiti in our neighborhood has
- increased a thousand fold. There was little Dr none
prior to the homeless moving into the neighborhood.
Now, it is a daily occurrence.
. ) 7-77
-c~
- 3 -
7. Landscaping as required by the Planning Department
was promised but never planted. We had to have the
planning department sign off our Sàndscsping plans
before the building department would authorize the
apartments to be occupied.
This is just one more example of the double standard
on the part of the planning department.
Enclosed are copies of correspondence to lathy Lembo
and to the City Council. 50 correspondence has been
answered. lathy Lembo has not followed through on the
program she had promised. Therefore, the accomplishment
of the homless center for the first year is zero. There
were homeless then, there are homeless now.
lathy Lembo has not responded to neighbors' complaints.
The next door neighbors are the hardest hit, and we are
livid.
.,.é
Martin, I cannot send a copy of all of the enclosures to
the City Council because it is too voluminous. However,
I hope you do not whitewash in your report the attached
documentation of the above complaints.
lathy Lembo's original program was to recycle the homeless
on to 17-19 4th Avenue, as transitional housing. When the
Mclinney funds denied her application, she reniged on her
promise to rehabilitate ~he homeless to become self-
supporting.
The homeless were just people down on their luck who received
free housing for a period of time.
In other words, what has lathy Lembo accomplished in one
year which would justify spending more tsxpayers' money on
the down and out?
I repeat the questions I asked you last April. These
questions have not been answered. If lathy Lembo is able
to answer them to you at the review behind closéd doors,
I would appreciate receiving a copy of her anawer.í When
I receive her answers, I will at least know that some
public good has come from lathy Lembo single-handedly
destroying a long time Chula Vista business--a'business
whick provides Chula Vista's II need: low rent ho.using
built free of any public subsidy.
What I need to know are answers to the following:
1. Number of families (and their composittD~ who stayed
.
~ 17- 7Y
_._-._-,.-..,._-_.,---.,---~.~
.
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.
, at the shelter for 60 days while receiving job
training.
2. The training th~e families received during the 60
day stay. Documentaiton is need.
3. What gainful employment was derived as a result of the
training programs received while staying at the shelter
for 60 days. Payrodl stubs are needed.
4. Where did these families recycled through the shelter
move after the 60 days? Rent stubs are required.
5. How many children were enrolled in school? How were
they transported? School attendance records are needed.
6. Nature of after school programs promised for the school
children. Verification is needed.
Martin, youhave not answered my previous letters to you but
now I ezpect one.
< Both national political parties who have the power to vote
funds for a project like Cas. Nueva Vida have been forced
by an irate public to weed out worthless projects like the
homeless shelter and spend the limited funds available on
programs which are productive and which will reault in
PERMANENT SOLUTIONS to social problems.
It is up to every American to do everythinl within our
power to reduce the national debt so that our children will
have the same opportunity that you and I had prior to our
lovernment spending more than they take in.
I ezpect an answer to the above siz questions,
Sincerely yours,
~
~~t.~
Reg na Hickey .
Villa Vista Apartments
21 4th Avenue
Chula Vista CA 91910
.
cc: Mayor Shirley Horton
Members of the City Council
(f Bob Leiter, Planning Director
Editor, Chula Vista Star News
Editor, San Dielo Union
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EXHIBIT H
MEMO DATED 2/14/95 FROM
COMMUNITY DEVELOPMENT
ADDRESSING TRAINING FOR
RESIDENTS
~ I'}--~/
- ..,.,.-...--...-------... ...----...- --.-~.._--_. ._---~~-- -
MEMORANDUM
February 14, 1995
TO: Martin Miller, Associate Planner
FROM: Juan p, Arroyo, Housing coordinato~
SUBJECT: Cas a Nueva Vida - Short Term Housing for Homeless Families - Job
Training
As part of the management plan of the Casa Nueva Vida - short term housing for
homeless families, South Bay Community Services is providing job training and
referral opportunities to the tenants of the facility. South Bay Community Services
is coordinating a network of human services including the MAAC Project, Episcopal
Community Services and Lutheran Social Services to provide the residents of the
facility with job training opportunities with the objective of promoting self
sufficiency.
JA:ag
IAGIC:IWPWlNIJUANIMEMOSIMILLER.MEMI
y / 7-g-';;-
_.m... . ---."--"-...-----
EXHIBIT I
MEMO DATED 2/14/95 FROM
COMMUNITY DEVELOPMENT
ADDRESSING FUNDING
~ /Î-%'}
__ __. .___ _,..__..~,._."____.__,u.,___ -
MEMORANDUM
February 14, 1995
TO: Martin Miller, Associate Planner
Juan P. Arroyo, Housing coordinato~
FROM:
SUBJECT: Cas a Nueva Vida - Short Term Housing for Homeless Families -
Property Value
Cas a Nueva Vida - Short Term Housing for Homeless families located at 31 4th
Street in Chula Vista consists of twelve 1-bedroom and two 2-bedroom units. The
site was selected because of its location, manageable size and financial feasibility.
The property was appraised by an MAl certified appraiser at $750,000 in 1992 and
reappraised in February 1993 for the same value.
Eventually the sales price of the property was negotiated down to $712,500 by
South Bay Community Services with assistance from the City. The cost of
acquisition was reasonable given the size of the project. the condition of the
buildings and sales comparisons.
JA:ag
IAGIC :\WPW1NIJUANIMEMOS\MlllER21
-~ J?-J--,/
_u - ----_._--_._------_._-_.._-_._._~-_._-~--- --
EXHIBIT J
WRITTEN RESPONSES TO THE
'j. NOTICE
SUPPORTING CONTINUANCE OF
FACILITY FOR HOMELESS
~ FAMILIES AT
31 FOURTH AVENUE
-YI')-gr~
"..~."- - - _..~"..,.._......._..-._--.--..__._._--_.-------
Dec;ember 2, 1994
To Whom It May Concern,
My name is Anne Lopez and I am a resident of Casa Nueva Vida.
The reason we came to Casa Nueva Vida is because my boyfriend's
mother no longer wanted us at her house and we had nowherè else to
go.
Casa Nueva Vida has told us about many different resources and
where to go to get help for certain things. The program is helping
my boyfriend find a job.
The reason I think there should be a Casa Nueva Vida is that it
helps families who have no place to go get an apartment or a place
to live. I also think that it helps parents learn how to better
control themselves and get along better as a family.
I strongly support Casa Nueva Vida.
Sincerely,
( ~\~
Anne Lopez
Editor'. .ote: '!'be Bove letter ... writteD while JUme ruided et
ca.a llUeva Vida. ADDe tr-.itioned out of our pz-ogr_ iDto her
fir.t own apartment for her.elf, her .on, end her boyfrieDd. She
ba. kept in contact with her ca.e ·-""'ger end i. .till working on
the i..ue. .be bad wbile at the .belter. JUme called the office
thi. week to iDfona _ .he dali"NZ'ed aD 8 lb. baby girl end
everyone i. doing well.
.
.
I -~ J7-Yf,
_"_.~. __ ..~..._. _ _..__..__.__u_._
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i
December 5, 1994
To 'Whom It May Concern,
Participating in Casa Nueva Vida opened many doors for me and my
family. The possibility of getting income in my name made it a
reality for me to rent an apartment in order to provide a stable
place for my children to attend school.
Casa Nueva Vida provided shelter where my family was able to be
safe and secure with food during our stay. In Casa Nueva Vida
there was an ~tmosphere of unconditional support. OUr stay allowed
the healing time to needed to reestablish emotional tranquility
during a critical time of recuperation from domestic violence.
During that same time the gratitude on behalf of my children was
noticed in the expression on their faces.
Being in Casa Nueva Vida provided the opportunity for me to rent an
apartment for 30t of my income. Now I am able to save money and go
, to school to improve my English communication skills. With
, improved language skills I can attend the trainings to build up my
.. employable skills.
I would like :Co take this opportunity to thank all the sources that I
provide support for such a program like Casa Nueva Vida. Without "-'~'
the support from this program I would not have been able to
accomplish what I have so far. I hope that Casa Nueva Vida
Continues to receive funds and permits to help other families such
as mine.
Sincerely, '3~ jJ. ~
Bertha Amezcua
.
-y } 7 - ~7 .
¡
.
.-
¡
December 5, J.994
To .Whom It May Concern,
I found out about Casa Nueva Vida after I had gone to the Salvation
Ax1ny to tell them that I need food and shelter. Several things had
happened to me prior to this situation. During September, I was
having domestic problems with my husband. I told him he had to
move out. Meanwhile my landlord decided to sell my apartment and
. I had to be out by November. At the same time I was laid-off from
work.
After staying with my sister for a few days I decided to go to the
Salvation Ax1ny for help. I got an appointment with South Bay
Community Services within 2 days and within 2 days I was living at
Casa Nueva Vida. I am very thankful that this place exists. My
daughter did not have to miss any time from school because the
'shelter is here in Chula Vista where my daughters go to school.
Casa Nueva Vida has provided me with a shelter, groceries, and
security. I feel more relaxed and very comfortable at Casa Nueva
Vida. Every person involved is very helpful and very pleasant,
from my case worker to the therapist to the apartment manager and
to all. They really provide a sense of security and a feeling that
- we are all somebody special with .pecial needs and they are here
( for us.
Thank you for everything,
Virginia Martinez
'(~~ ~
.
~ / 7 ~yr .
-
.
.
December 6, 1994
,
To Whom It May Concern,
We are Roy and Teresa Cancel. We have two children, an eight
year old daughter and an eight month old son. For the last couple
of months we have had financial problems. We tried to find help in
different departments of social services using conventional
methods, but for one reason or another help was never obtained. We
lost our apartment and became homeless. At this time while
searching for help we were referred to Casa Nueva Vida by the
Salvation Army.
We found a lot of help through the program here at Casa Nueva
Vida. This program is giving us the support we need to return to
an independent status within society. We have been provided with
food, clothing, and shelter. The most important thing we found is
people who can be trusted by giving us the help and working with us
every step we take to get back on our feet. We can not forget that
behind this team are all the organizations that support the
. program. Without this support the program at Casa Nueva Vida is
not possible.
.. Wewish to thank the case managers, Rachel, Margaret, and Maria
including all the supporters of Casa Nueva Vida for helping
families like us.
,'O~lY'
~ ~ lÐ2£SA CJwceL
Jo Û Torooo """",,1
.
Y/?-,¥/ .
.
__e_···_··_·_ _.___.._.__,_w_···_·_m.~_
.
I LOCAL INITIATIVES SUPPORT CORPORATION
r - ~ ~'" .
ao B 8TAEET. SUITE 1010 .. .
. .
IAN DIEGO. CA 12101 . .~.
(811)_1 DEC 2 8 1994
. FAX (811)-.a207
December 21, 1994
PLANI\J./Vi.:.
Mr. Martin Miller
Associate Planner
Planning Department
City ofChula VISta
276 Fourth Avenue
Cbula Vista, CA 91910
RE: Review of Conditional Use Permit PCC-93-39R
Dear Mr. Miller:
In response to your inquiry requesting conunents regarding South Bay Cmmmnñty Services'
(SBCS) transitional housing project at 31 Fourth Avenue, San Diego USC is in full support of
SBCS' efforts to provide short term transitional housing to bome1ess &milies living in Chula
Vista. .
(
As the Director of the San Diego Office ofLoca1IDitiatives Support CorporU;on (LISC). whose
mission is to usist community development corporations like South Bay ('.nrmm~ Services in
their efforts to transform distressed neighborhoods into healthy co.......mities, I am greatly
impressed by the initiative and creativeness taken on the part of SBCS to IUCCeSsfully develop and
manage this project.
To date, USC has committed over $300,000 toward various SBCS con.n~ development
programs including the acquisition of the property Idjacent to the lUbject site for long term
transitional housing. USC applauds SBCS'efforts to provide 13 units of transitional """";1\8 and
looks forward to working with them on fùture aldeavors.
.5' 0
~oW~\,--. ,
. Wilson
Program Director
I
cc: Dan Marcus, South Bay Community Services
~ ) 7-9t7
0
.____.___",_,_...___n'__'. '..________,_ ,_.._,_~__,_."...._
EXHIBIT K
STATEMENT BY SOUTH
BAY COMMUNITY SERVICE
REGARDING THE ANNUAL REVIEW
-Y )7~91
~---_._..._---_.-.._-----_._..
. ,
. I
, South Bay Conununity Services
Conditional Use Permit PCC-93-39 Report for 31 Fourth Avenue
,. December 16, 1994 will mark the year one anniversary of the
opening of South Bay Conununity Services short-term housing program
for homeless families, Casa Nueva Vida. SBCS' 14-unit apartment
complex provides 43 beds to its residents each day. A coalition of
local non-profits provide a wide variety of supportive services to
help residents -get back on their feet- and transition to
permanent, affordable housing. During its year of operation Casa
Nueva Vida rarely had a vacancy, has always had a waiting list, and
has provided 14,239 person shelter days of housing.
77 families have stayed at Casa Nueva Vida since its opening
last December in an effort to stabilize themselves. CUrrently we
are assisting another 14 families totaling 91 homeless families who
have accessed the services and shelter provided through Casa Nueva
Vida. Of those families that have transitioned out of Casa Nueva
Vida 56 moved into their own permanent apartment or house.
The 91 families have come to us because of many different
reasons, ranging from eviction to domestic violence to illness to
job loss. Stabilizing an income is one of the most important
issues that needs to be addressed while the families are in the
shelter. OUt of 77 families 31 came to Casa Nueva Vida without any
income at all. During their stay they all were able to stabilize
an income either through jobs or public assistance allowing them to
( transition from Casa Nueva Vida to a more permanent situation.
Each family's struggle from homelessness to stability is both
difficult and unique, but always conmendable. For e;.r""'P1e, after
being laid off from the border patrol -Marta- could no longer pay
her rent and resorted to living on the streets for a couple months.
After 3 months she learned she had been approved to go back to work
and had found an apartment to rent. She needed to save money from
her paycheck to pay the rent. . Marta and her three kids stayed at
Casa Nueva Vida for three weeks while she worked and saved her
money. Marta is still working for the border patrol and lives in
an apartment close to the border. ".
Mr. L., his diabetic wife, and their 11 year old adopted son
came to San Diego to visit a relative. Mrs. L. became very sick
and had to stay in the hospital for over a month. Referred to
South Bay Community Services by the Department of Social Services
Mr. L. needed to establish himself and provide a stable home for
his wife and son. During their stay at Casa Nueva Vida, Mrs. L.
was in and out of the hospital. SBCS staff helped Mr. L. get
approved to secure an income as the home health care·provider for
his wife. He and his family are now living in an apartment and
Mrs. L.'s condition has improved now that she has a safe, clean,
and permanent place to live.
-Maria- decided she could no longer stay with her abusive
husband. When she came to South Bay Conununity Services to apply
for Casa Nueva Vida the bruises around her neck from her husband's
hands were still visible, as well as the sadness displayed in the
expression on her face. She and her two little boys were scared
y ) 7~7;2.
.___, __._____'_n__
. .
. .
. I
but wanted to escape the terror of their home. During the two I
month stay at Casa Nueva Vida, Maria enrolled her eldest son in
school and was able to secure day care for her youngest son. She
enrolled herself into school to improve her English so she could
sequre a good paying job. Soon the bruises on her neck healed and
smiles and laughter overwhelmed apartment 5 at Casa Nueva Vida.
Maria and her sons moved into a SBCS's longer term transitional
housing program where she continues in school, pays only 30\ of her
income as rent, has begun divorce proceedings, and has begun a new
life free from fear working toward independent living.
SBCS keeps contact with all families "graduating" from Casa
Nueva Vida to track their progress. About 25\ of the former Casa
Nueva Vida residents participate in "aftercare" in order to prevent
returning to the situation they were in when they first applied to
the program.
With Casa Nueva Vida South Bay Community Services has impacted
the lives of many South Bay families and continues in its effort to
end the cycle of homelessness for the adults and children in the
community.
Comnliance with City Reauirements
During the past year, SBCS has completed all requests from the
City of Chula Vista regarding the Conditional Use Permit, PCC-93-
39, including: cutting the courtyard cement to insure full
drainage, landscaping, removing a storage unit donated by Laidlaw
Waste Company to store canned food and clothing, and installing
special "coding" locks on each apartment door.
.
.
-ß r7~7J
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,
COUNCIL INFORMATION MEMO
February 28, 1995
TO: TIre Ho""",b" ""yo< ... C1" ~
VIA: John Gœ,. Ci<y M_«-JG¡ \u~ ~
Bob Leiter, Director of Planning "~ .
FROM:
SUBJECT: Missing Text From Page 17-7 of Staff Report on Item No. 17 - Conditional
Use Permit PCC-93-39 (Casa Nueva Vida)
Please see attached for highlighted language which was inadvertently excluded from the top of
Page 17-7 of the staff report forwarded to Council.
attachment
/7 --- 91
-.-- ..--..- ~----~
-_._-,---~- -.-.-.--.- ---~-_.- -------------,------ - -..------
Page 7, Item
Meeting Date 02/211/9;;
3. Support for th" P1'l1i""t:
Five letters and one phone call in support of the project were received (Exhibit 1). Four
. of the letters are from former or current residents of Case Nueva Vida and one is from the
. ,
Local Initiatives Support Corporation (USC), an organization which provides funding and
technical support for non-profit organizations. USC has supported this project since its
inception and a USC representative was present at the July 13, 1993 City Council public
hearing and spoke in favor of the project.
'All those supporting the project believe it is providing a valuable service to the South Bay
because there is a lack of housing for homeless families in this area of the county and
because SBCS provides other services such as training, counseling and job referrals for
those residing at 31 Fourth Avenue.
Please also see the statement from SBCS regarding the annual review, attached as Exhibit K.
Those submitting comments in support or opposition to the project have been notified of the
Council meeting at which this report will be considered.
CONCLUSION: The Zoning Admini~trator has concluded that the facility is operating as
anticipated and in accordance with the conditions of approval, and that there are no "reasonable
grounds to revoke, modify existing conditions, or add additional conditions" (see Condition #8
abo've). Therefore, this review was not scheduled for a public hearing before the Planning
Commission. This report is for Council's information only.
FISCAL IMPACT: The City has absorbed all costs associated with the first annual review of
PCC-93-39.
Attachments:
Exhibit A: Locator Map
Exhibit B: Resolution No. 17165
Exhibit C: Rules for Residency
Exhibit D: Letter dated January 20, 1995 from SBCS re: Resolution of the Drainage Problem
Exhibit E: Notice Mailed to Area Residents
Exhibit F: Chula Vista Police Department Memo dated December 6, 1994
Exhibit G: Written Responses to the Notice Opposing Continuance of Facility for Homeless
Families at 31 Fourth Avenue
Exhibit H: Memo dated 2/14/95 from Community Development addressing job training
Exhibit I: Memo dated 2/14/95 from Community Development addressing funding
Exhibit 1: Written Responses to the Notice Supporting Conrimlanr.e of Facility for Homeless
Families at 31 Fourth Avenue
Exhibit K: Statement by SBCS Regarding the Annual Review
/7,9Ç
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tll :::'III~ DR. L. PETERS, INC.
& DR. S. E. FRY
OPTOMETRISTS
, 1-3RD AVE. SUITE B CHULA VISTA. CA 91910
420-5681
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. ~.. Frito·Lay,lnc.
February 28, 1995
We at the Frito-Lay facility, located at 575 C street in
Chula Vista, have a great concern with the homeless
situation located in the back area of our business.
During the past vear we have had the following crimes
occur:
13 Truck break-ins at a cost of approximately $10,000.
9 Fence repairs needed after break-ins from the
homeless complex located in our "back yard".
1 Murder and arson fire.
We have had numerous confrontations between the homeless
and our employees when on Frito-Lay property going through
stale product bins, even though "No Trespassing" signs are
clearly visible.
We have a definite safety concern when our employees return
from their routes at night to possibly confront 3 or 4
homeless people on our gated lot as well as daytime during
business hours. We are often verbally accosted and are
concerned that if this situation is allowed to continue it
may lead to physical confrontation.
This is a problem that affects our employees, our business
and our customers! We are asking for some form of support
or help from the city to alleviate a potentially dangerous
situation.
Hans Odijk
Frito-Lay, Inc.
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FL-2300·13
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AMERICAN NATIONAL INSURANCE COMPANY
FRANK AND IRMA DICKINSON, AGENCY REPRESENTATIVES
44 THIRD AVENUE. SUITE E CHULA VISTA, CALIFORNIA 91910 BUS.: (619) 420-8604
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February 28, 1995
To Whom It May Concern:
I have my office at 44 Third Avenue. I have been here since 1991 and
had not had any problems with crime or the homeless until the opening
of the shelter last year. I work many late hours and no longer feel safe.
Something must be done to remove the homeless shelter and return this
area to the way it used to be -- safe and quiet.
Sincerely,
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Michelle Mercado
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. 8822 Ca/mada Ave. . P.O. Box 5039 . Whittier CA 906075039
(310) 945-7791 . In CA (800) 826-5705 . Nation';"ide (BOO) 826-5514 ~\lL,NNr"c
The Insurance Printers "·s_~
TO
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CALIFORNIA SPECIAL SERVICES
INSURANCE AGENCY
40 THIRD AVENUE
CHULA VISTA, CALIFORNIA 91910
r DATE 427-2662
?.·1~' '1ç I SUBJECT ~~
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ROBERTS & KRAUSE
44-B THIRD AVE
CHULA VISTA 91910
OFFICE # 422-7900
FAX # 422-7996
MAYOR SHERLEY HORTON
CHULA VISTA CIVIC CENTER
276 4th AVE.
CHULA VISTA CA. 91910
DEAR MAYOR HORTON :
IT HAS COME TO MY ATTENTION THAT THE CHULA VISTA COUNCIL IS
MEETING TONIGHT FEB. 28,1995 AND THE SUBJECT OF THIS MEETING
IS TO VOTE, TO CONTINUE THE HOMELESS SHELTER, LOCATED AT # 31
4th AVENUE IN CHULA VISTA .
WE OBJECT TO THE SHELTER, THE PROBLEM IS AN ON GOING PROBLEM
AND THE SOLUTION IS NOT EASY COMING , MY SUGGESTION TO YOU AND
YOUR COUNCIL IS MOVE THE HOMELESS PEOPLE TO YOUR AREA OF WORK
OR TO SHOW COMPLETE SUPPORT FROM YOU AND YOUR STAFF, MAKE THEM
( THE HOMELESS ) YOUR NEIGHBOR. MOVE THEM ( THE HOMELESS )
INTO YOUR NEIGHBORHOOD.
WE ARE EXPERIENCING PROBLEMS OF BEGGING , SHOPPING CARTS STREWN
ABOUT, THE HOMELESS GOING TO THE BATHROOM IN ALLY WAYS SLEEPING
IN PARKING AREAS AND SO ON.
IT IS TIME FOR THE COUNCIL TO REMOVE THEIR BLINDERS AND DO
SOMETHING !!! IF YOU ARE GOING TO TRAIN PEOPLE THEN TRAIN THEM.
PUT TOGETHER A TASK FORCE THAT WILL WORK WITH THE BUSINESS
COMMUNITY , THERE ARE A LOT OF GOOD IDEAS OUT THERE ASK FOR
HELP READ THE SUGGESTIONS , IF THERE WORKABLE START THE BALL
ROLLING.
SINCERELY
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REALTY
FER. ZITH, 1995
MAYOR IIHlRLEY HORTON.
CHULA VISTA CMC CENTER
27fí4TI1AVE~
mULA VISTA, CA 91910
DEAR MAYOR HORTON:
IT HAS COME TO OUR ATTENTION THAT TIlE CHULA VISTA CITY COUNCIL IS MEETING
nus DATE TO VOTE ON CONTINUING AND/OR EXPANDING TIlE HOMELESS SHELTER
ON 4TIi A \'ENUE. SPECIFICALLY 314TI1 A'IE.
WI!: STRONGLY OBJECT TO THE SHELTER AND TIlE IMPACT ON OUR DOING BUSINESS
!i'i THE AREA IlNLESS MEASURES ARE TAKEN TO INSURE THAI' IT IS A STEP TO HELP
TIlE PEOPLE IT SERVES. ALSO SOME MEASURES TAKEN TO INSURE TIllS PROJECT IS
NOT ATTR.o\CTING PEOPLE TO TIlE AREA, roSSŒL Y HELPING FOR A SHORT TIME
TJD."N TURNING THEM OUT ONTO THE STREETS.
WE HA~ HAD YOR TIlE FIRST TIME PROBI.EMS WITII PEOPLE WANDERING TIlE AREA.
CCl'.t~G INTO OUR OFFICE AND ON 1WO OCCASSIONS A PERSON OBS'fRUCTING
CUR ACCESS TO DRIVE OUT OF OUR DRIVEWAV. IT IS IIECOMING A VERY REAL
NUISANCE FOR TIlE AJU;A.
WE WOULD HOPE THE CITY COUNCIL ¡g WILLING TO TAKE INTO CONSIDERATION TIlE
SiTUATION AND TIlE ONGOING PROBLEM nus pROJECT HAS HAD ON TIlE BUSINESSES
fN mE AREA.
, SINCERELY. .) ....
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=tf 21 t:L
February 28, 1995
TO: The Honorable Mayor and City Council
FROM: John D. Goss, city Managerz?
SUBJECT: Continuation of Item 21a on 2/28/95 Council Agenda
As you know, I was at the League of California cities City Managers ...
Department Conference in Monterey the latter part of last week, and
Finance Director Bob Powell has been at the California State
Municipal Finance Officers Association conference in San Luis
Obispo on Monday and Tuesday of this week. In fact, I do not
expect Bob Powell to return in time to attend tonight's Council
meeting.
Although the Finance Director and I have communicated by phone and
fax since the February 21 Council meeting, we have been unable to
coordinate adequately during these conferences to complete the
report I would like to provide you on the budget process issues
listed on Item 21a. In additìon, I would like the Finance Director
to be present for that council discussion.
I would therefore request that Item 21a be continued for either one
or two weeks. Taking into consideration other items scheduled for
the March 7 agenda, it is my
RECOMMENDATION: That Council continue Item 21a to the
March 14 council meeting.
JDG:mab
.) / i:.- -j
~---_.- ---------
MEMORANDUM
TO: Honorable Mayor Horton and City Council
VIA: City Manager lohn Goss &f;'00
FR: Barbara Bamberger, Environmental Resource Mana~ ~ ~
RE: Ballard Fuel Cell Bus Demonstration
DA: February 22, 1995
--------------------------------------------------------------------------------------------------------------------
Ballard Powers Systems and Science Application International Corporation (SAle),
headquartered in Vancouver and San Diego, respectively, have jointly developed a state-of-
the-art hydrogen fuel cell powered transit bus, they are looking for three geographically
different demonstration sites to test these buses with at least five demonstration buses per site,
The purpose of the demonstration program is to utilize fuel cell power generated buses in a
typical fleet application, aimed at commercializing a new environmental technology for Zero
Emission Vehicle (ZEV) electric buses powered by a hydrogen fuel cell engine by 1998,
Chula Vista could be one of those demonstration sites by developing a public/private
partnership with local, state and federal agencies,
A fuel cell is an "electric engine" that, in this case, utilizes hydrogen to power the fuel cell,
Fuel cells offer the potential to replace internal combustion engines in transportation
applications and have already been used as power sources in spacecraft and stationary power
units, Battery development is generally regarded as the single most important factor in the
success of electric vehicles, In response to this challenge, SAIC and Ballard Power Systems
combined to develop a state-of-the-art electric battery system that runs completely on fuel
cells, enabling an electric vehicle to have a range equal to that of a diesel power bus (250
miles or more), versus the typical electric vehicle of which the range is limited to 75 miles
per charge or less, Additionally, fuel cells do not need to be "plugged in", A prototype was
developed and the first hydrogen fuel cell bus was unveiled for public use last year in Los
Angeles,
Advantages of fuel cells include:
· Extended range compared to battery powered vehicles
· zero tailpipe emissions (only bi-products are "air" and "water")
· multi-fuel capacity
· reduced dependence on one fuel source and foreign oil
· high energy efficiency versus an internal combustion engine
The video presentation will provide an opportunity for the Council to become one of the three
demonstration sites throughout the country for hvdrogen fuel cell transit buses, and consistent
with the goals of the BECA, will assist in the commercialization of a new environmental
technology, If Council so desires, staff could explore both the positive and negative impacts
of hydrogen powered buses, and will present that information back to the Council at a later
date.
,)./iJ-'¡
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