HomeMy WebLinkAboutAgenda Packet 1995/01/17
". declare ..nder penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at .
~y, January 17, 1995 the PUb}t:ï.~es Building and !!tj9 . CouncIl Cha,;"œrs
5.15 p.m. DATED, ::Z. ~ SIGNED S Pubhc ServIces Bwlding
Soecial MeetID2 of the City of Chula Vista City Council
CALL TO ORDER
1. ROLL CALL: Counci1memœrs Fox _, Moot _, Padilla _, Rindone _, and Mayor
Horton -
CLOSED SESSION
Unless the City Attorney, the City MaMger or the City CouncU stotes otherwise at this time, the CouncU wiU
discuss and deliberate on the foUowing items of business which are pennitted by law to be the subject of a clased
session discussion, and which the CouncU is advised should be discussed in closed session to best protect the
interests of the City. The CouncU is required by law to return to open session, issue any reports of Ji!YJl action
token in closed session, and the votes token. However, due to the typical length of time token up by clased
sessions, the videotaping wiU be termiMted at this point in order to save costs so that the Council's return from
closed session, reports of Ji!YJl action token, and adjournment wiU not be videotaped. Nevertheless, the report
of fiMI action taken will be recorded in the minutes which will be available in the City Clerk's Office.
2. CONFERENCE WITH LEGAL COUNSEL REGARDING - Anûcipated liûgation pursuant to
Govenunent Code Secûon 54956.9
. Metro Sewer Adjustment Billing (water reclamation and expansion costs).
3. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to the Regular City Council Meeting on January 17, 1995 at 6:00 p.m. in the City Council
Chamœrs.
Noûce is hereby given that the Mayor of the City of ChuIa Vista has called and will convene a special
meeûng of the City Council on Tuesday, January 17, 1995 at 5:15 p.m. in the Council Chambers, Public
Services Building, 276 Fourth Avenue, Chula Vista, CA. for the purpose of discussing the above referenced
agenda item.
~ÞJ~
'" Sh~ Horton, Mayor
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II declare under penalty 01 perjury that I em
employed by the City of Chula Vista in the
Office of the Citl' Clerk and that I posted
this Agenda/Notice on the Bulietin Board at
Tuesday, January 17, 1995 the Public ervi es )luilding ancl at City all on Council Chamoors
6:00 p.m. DATED, I / - SIGNED '. "......... .. Public Services Building
Re2Ular Meetin2 of the City of Chula Vista City Council
CALL TO ORDER
1. ROLL CALL: Councilmemoors Fox _, Moot _, Padilla _, Rindone _, and Mayor
Horton -
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: Decemoor 9, 1994 (Adjourned Special Meeting), January 6, 1995
(Adjourned Special Meeting), January 10, 1995 (Special Meeting), and
January 10, 1995
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: John M. Dorsa - Charter Review Committee.
*****
Effective AprU 1, 1994, there have been new amendments to the Brown Act. The City CouncU must now
reconvene into open session to report any ñlUll actions taken In clased session and to adjourn the meeting.
Because of the cost Involved, there will be no videotaping of the reconvened portion of the meeting. However,
filUll actions reported wiU be recorded in the minutes which wiU be available in the City Clerk's Office.
*****
CONSENT ÇALENDAR
(Items 5 through 9)
The stoff recommendations regarding the follawing items listed under the Consent Calendar wlU be elUlcted by
the CouncU by one motion without discuss/on unless a CouncUmember, a member of the public or City staff
requests that the item be pulled for discussion. 1/ you wish to speak on one of these items, please flU out a
"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.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public wiU be the first Items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney staûng that as a result of deliberations that occurred in Closed
Session on 1/10/95, Council retained Armando Buelna for the posiûon of Assistant to the
Mayor and Council. Except for the foregoing, there was no other observed reportable acûon
taken by Council in Closed Session. It is recommended that the letter 00 received and filed.
b. Letter of resignaûon from the Youth Commission - Steve J. Ceballos, 512 Tanoak Ct., Chula
Vista, CA 91911. It is recommended that the resiguation 00 accepted with regret and the City
\ Clerk 00 directed to post immediately according to the Maddy Act in the Clerk's Office and the
Public Library.
c. Letter requesûng consideraûon for a bid for City funds in exchange for a public service work
program. Rosemary A. Hilliker, The Chula Vista Connection, 73 N. Second Ave., Chula Vista,
CA 91910. It is recommended that this request 00 deferred to the 1995/96 budget deliooration
process.
Agenda -2- January 17, 1995
6. RESOLUTION 17785 ADOPTING A COUNCIL POLICY REGARDING POLICY
DEVELOPMENT BUSINESS COMMUNITY 1NPUT DURING POLICY
DEVELOPMENT - On 8/2/94, Council direc1ed staff to prepare a Council
Policy that would formalize their commilment to receive the business
community's input into those items affecting the business community oofore said
items are forwarded to Council for consideration. Staff recommends approval
of the resolution. (City Manager)
7. RESOLUTION 17786 ACCEYCING A 24-MONTH GRANT IN THE AMOUNT OF $120,000
FROM THE CALIFORNIA DEPARTMENT OF HEALTH SERVICES,
TOBACCO CONTROL SECTION; AND AMENDING THE FISCAL
YEAR 1994/95 BUDGET TO APPROPRIATE $30,000 TO THE
COMMUNITY TOBACCO EDUCATION GRANT BUDGET; AND
ADDING .75 PART-TIME POSITIONS TO SUPPORT THE GRANT -
Parks and Recrestion Department's proposal, "Community Tobacco Education
Interventions" has œen selec1ed for funding by the Califoruia Department of
Health Services, Tobacco Control Section ooginning 1/1/95 and ending
12/31/96. Memoors of the Youth Coalition will serve as program partners in
utilizing the grant funds for tobacco education programs. Staff recommends
approval of the resolution. (Director of Parl<s and Recrestion) 4/5th's vote
required.
8. RESOLUTION 17787 APPROVING SOUTH CHULA VISTA LffiRARY CHANGE ORDER
NUMBER 11 WITH DOUGLAS E. BARNHART, INC., FOR TIME AND
MATERIAL WORK AND FOR DELAY CLAIMS AND RETINTING OF
EXTERIOR COLOR - Change Order Numoor 11 is composed of various
components, including time and material work to make necessary functionality
rela1ed cbanges near the end of the construction project, and for delay claims
and retinting of exterior color after the wrong exterior color was selec1ed. Staff
recommends approval of the resolution. (Library Director and Director of
Public Works)
9. REPORT "NOTICE OF A V AlLABILITY OF DRAFT LOSS PERMIT" AND
"DRAFT LOSS PERMIT" (CS-95-04) FOR CONSTRUCTION OF A
KINGDOM HALL FOR THE CONGREGATION OF JEHOVAH'S
WITNESSES AT THE NORTHEASTERN CORNER OF EAST "H"
STREET AND TERRA NOVA DRIVE - Last year the Federal Department of
the Interior Iis1ed the Califoruia Gnalcatcher as threatened and adopted the
Special 4( d) rule which allows up to a 5 percent "Loss" of Coastal Sage Scrub
(CSS). The permit would allow for the "Loss" of 0.77 acres of CSS for the
construction of the Jehovah's Witnesses Kingdom Hall. Staff recommends
Council accept the report. (Director of Planning)
* * END OF CONSENT CALENDAR * *
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Agenda -3- January 17, 1995
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The follawing items have been advertised and/or posted as pubUc hearings as required by law. If you wish to
speak to any item, please flU 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 recommentlation; complete
the pink form to speak in opposition to the súif.f recommentlation.) Comments are limited to five minutes per
individual.
10. PUBLIC HEARING CONSIDERATION TO DETACH FROM OPEN SPACE DISTRICT
NUMBER 1 AND OPEN SPACE DISTRICT NUMBER 10 THOSE
TERRITORIES WITHIN OPEN SPACE NUMBER 20, TO BE
EFFECTIVE FISCAL YEAR 1995/96 - The open space maintenance district
that was created for the Rancho del Rey development overlapped two existing
open space districts. This action will eliminate the overlap and was requested
by Rancho del Rey Investors SO that the ultimate property owners will only have
one open space district on their disclosure statement and tax bill. Staff
recommends approval of the resolution. (Director of Public Works)
RES()LUT1()N 17788 ORDERING THE DETACHMENT FROM OPEN SPACE DISTRICT
NUMBER 1 AND OPEN SPACE DISTRICT NUMBER 10 THOSE
TERRITORIES WITHIN OPEN SPACE NUMBER 20; TO BE
EFFECTIVE FISCAL YEAR 1995/96
11. PUBLIC HEARING PCC-95-16; REQUEST TO CONSTRUCT AN UNMANNED CELLULAR
COMMUNICATIONS FACILITY ON THE SITE OF THE OTAYW ATER
DISTRICT WATER TANK, LOCATED AT THE EASTERLY TERMINUS
OF GOTHAM STREET - AlRTOUCH CELLULAR - AirTouch Cellular is
requesting permission to construct an unmanned cellular communications facility
at the southwest comer of the water tank parcel located at the easterly terminus
of Gotham Street. Staff recommends the Dublic hearilU! be continued to
1/24/95. (Director of Planning)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City CouncU on any subject matter within the
CouncU's jurisdiction that is not an item on this agentla for public discussion. (Stole law, however, generaUy
prohibits the City Coundl from toking action on any issues not included on the posted agentla.) If you wish to
address the CouncU on such a subject, please complete the yellaw "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 foUow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City CouncU wiU consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
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Agenda -4- January 17, 1995
ACTION ITEMS
The items Usted In this section of the agenda are expected to eUciI substontial discussions and deliberations by
the CouncU, sttiff, or members of the general pubUc. The items will be considered IndivlduaUy by the CouncU
and stoff recommendations may in cerioln cases be presented in the altemative. Those who wish to speak, please
flU out a "Request to Speak" form available in the lobby and submit it to the City Cleric prior to the meeting.
PubUc comments are Umited to five minutes.
12. ORDINANCE 2620 AMENDING CHAYfERS 18.16 OF THE MUNICIPAL CODE TO
ALLOW FOR THE POSTING BY DEVELOPERS OF ALTERNATIVE
FORMS OF SECURITY FOR PUBLIC OR PRlV ATE IMPROVEMENTS
REQUlRING COMPLETION GUARANTIES IN FAVOR OF THE CITY
AND MAKING MINOR TECHNICAL CORRECTIONS (first readi1U!) -
The developers of the Channelside Shopping Center (which includes a 120,000
square foot Wal-Mart) are requesting that a Wal-Mart "corporate guaranty" 00
accepted as securily for the public improvements that the Cily and the
Redevelopment Agency are requiring for the Project. Staff recommends that
this item be continued to 1/24/95. (Director of Commuuily Development,
Director of Public Works, and City Attorney)
13. RESOLUTION 17783 RE-APPROPRIATING FUNDS, ACCEPI'ING BID AND AWARDING
CONTRACT FOR "CIVIC CENTER FLOORING INSTALLATION (GG-
108)" - On 1217/94, bids were received for "Civic Center Flooring Installation
(GO-I08)." The work consists of replacing an exisling deteriorated carpet and
vinyl tiles in the Civic Center and other miscellaneous work specified in the
specifications. Staff recommends Council: (1) Reappropriate $600 from 600-
6001-GG123, Cily Hall recarpeling, $9,138.59 from600-ó001-SW204, sidewalk
replacement, and $2,659.53 from 600-óOO1-GGI22, Roof Repair, Loma Verde
Center; and (2) Accept bids and award contract to Allied Carpet in the amount
of $73,495 for "Civic Center Flooring Installaûon." (Director of Public Works)
4/5th's vote required. Conûnued from the meeûng of 1/10/95.
14. RESClLUTIClN 17778 RE-APPROPRIATING $165,000 FROM STL-221, THE 1994/95
PAVEMENT OVERLAY PROJECT, TO STL-206, THE 1993/94
PAVEMENT OVERLAY PROJECT - The 1993/94 overlay project was the
largest overlay prog1Ìl1l1 done in the City's history. The contract was awarded
to SilO J. Harris Company in the amount of $1,457,132. Due to two major
factors that combined to increase the contract, there was a cost over run and
additional funds have to 00 appropriated. Staff recommends this item be
continued. (Director of Public Works) 4/5th's vote required. Conûnued
from tbe meeûng of 1/10/95.
15. RESClLUTIClN 17789 AUTHORIZING PAYMENT OF $1,368,680.75 TO THE DEVELOPERS
OF THE AUTOPARK CONTINGENT UPON SATISFACTORY
COMPLETION OF ALL IMPROVEMENTS - The public improvements to
00 funded by the district have been completed and accepted by the Cily with the
exception of the water improvements. The developers have requested payment
of the acquisition cost of the improvements with the understanding that the cost
of the water improvements 00 withheld until approval by the Otay Water District
Board. Staff recommends approval of the resolution. (Director of Public
Works)
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Agenda -5- January 17, 1995
16. REPORT ALTERNATIVES FOR PROVIDING ETIDCS AND GOVERNMENT
TRAINING - Identifying alternatives to ethics in government training proposed
by the Board of Ethics. Staff recommends Council accept the report. (Director
of Personnel)
17. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will 00
given by staff.
18. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will 00 given
by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City CouncU wiU 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 Counclbnembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
19. CITY MANAGER'S REPORT IS)
a. Scheduling of meelings.
20. MAYOR'S REPORTlS)
a. Consideration of visitation to Odawara, Japan on 4/29/95 thru 516195.
21. COUNCIL COMMENTS
Councilmemoor Fox
a. Introduction of "Reclaiming Our Streets." Referral to appropriate commission programs relating
to street safety and speed watch and changes affecting exisling and future neighborboods as it
relates to providing friendly pedestrian and bicycle access. Conûnued from the meeûng of
1110/95.
CLOSED SESSION
Unless the City Attorney, the City MalUlger or the City CouncU stotes otherwise at this time, the CouncU wiU
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 CouncU is advised should be discussed in clased session to best s:::/ect the
interests of the City. The CouncU is required by law to return to open session, issue any reports of I action
token in closed session, and the votes token. However, due to the typical length of time token up by closed
sessions, the videotoping will be terminated at this point In order to save costs so that the CouncU's return from
closed session, reports of Ji!YJl action token, and adjournment wiU not be videotoped. Nevertheless, the report
01 final action taken wlU be recorded In the minutes which wiU be available In the City Clerk's Office.
22. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Exisûng liûgaûon pursuant to Govenunent Code Secûon 54956.9
. Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
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Agenda -6- January 17, 1995
· City of Chula Vista vs. the County of San Diego regarding approval of a major use
permit for Daley Rock Quarry.
2. Anûcipated litigaûon pursuant to Govenunent Code Secûon 54956.9
· Significant exposure to litigation pursuant to subdivision (h) of Section 54956.9: 1.
· Daley Construction and Golden Eagle (qualification of surety issues).
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Govenunent Code Secûon 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management,
Mid-Management, and Unrepresented.
Employee orgaui7Jltion: Chula Vista Employees Association (CVEA) and Western
Council of Engineers (WCE).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Secûon
54956.8
· Property: 855 Maxwell Road, Chula Vista, CA (Parcel Numoor 644-040-16) or
894 Energy Way, Chula Vista, CA (parcel Numoor 644-182-07 and
644-182-08). As and for transfer station.
Negotiating parties: Director of Commuuity Development.
Under negotiations: Price and terms of payment.
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 January 24, 1995
at 6:00 p.m. in the City Council Chamoors.
A Regular Meeting of the Redevelopment Agency will 00 held immediately following the City Council Meeling.
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January 11, 1995
TO: The Honorable Mayor and City counc~
FROM: John D. Goss, City Manager.Jf¡ ~
SUBJECT: City Council Meeting of January 17, 9:
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, January 17,1995. Comments regarding the Written Communications are as
follows:
Sa. This is a letter from the City Attorney stating that as a result of deliberations that
occurred in Closed Session on 1/10/95, Council retained Armando Buelna for the
position of Assistant to the Mayor and Council. Except for the foregoing, there
were no other observed reportable actions taken by the City Council in Closed
Session.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
Sb. IT IS RECOMMENDED THAT STEVE CEBALLOS' RESIGNATION FROM THE
YOUTH COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLEK
BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT
IN THE CLERK'S OFFICE AND THE PUBLIC LmRARY.
5c. This is a letter from the Chula Vista Connection requesting City funds in exchange
for public service work. The Chula Vista Connection received $12,000 in
Community Development Block Grant funds this fiscal year, to provide child care
services to low income families. Any further requests for funding of the Chula Vista
Connection should be considered as a part of the competitive budget process. The
1995-96 Block Grant funding process will begin next month, and IT IS
THEREFORE RECOMMENDED THAT THIS REQUEST BE DEFERRED TO
THE 1995-96 BUDGET DELffiERATION PROCESS.
JDG:mab
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date: January 11, 1995
To: The Honorable Mayor and City cou~
From: Bruce M. Boogaard, City Attorney
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 1/10/95
The purpose of this letter is to announce that as a result of
deliberations that occurred in Closed Session on January 10, 1995,
the Council retained Armando Buelna for the position of Assistant
to the Mayor and Council.
Except for the foregoing, there was no other observed reportable
action taken by the City Council in Closed Session.
BMB:lgk
C:\lt\clossess.rep
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276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5037
I[~t::: WI.!.;:::' Vt::a..L C11lU W.LC V¡lCi:) .......... ,¡..,............&......" 1..<.10.> ......~'-'........':1 ........ t"..........................
RECEIVED
...., P2 :04 512 Tanoak ct.
'9S Chula Vista, Ca 91911
January 3, 1995
~ OF CHUlA V1StÓt
CLERK'S OFF·' I
City of Chula Vista,
City Clerk
276 Fourth Avenue
Chula Vista, CA 91910
City Clerk:
I, Steve J. Ceballos, am resigning fran the City of Chula Vista Youth Ccmnis-
sion due to responsibilities imposed upon me by my current job position and
by my studies at Southwestern College. I do sincerely apologize for such a
late response to my plea, but my involvements in other activities have
caused me to put aside this letter. I am truely sorry.
As a Youth Ccmnissioner, I did gain experience at group decions for various
acivities that affected today's youth. I have beccme aware of the ever in-
creasing juvenile crime through the Youth Cœmission I s Police Liason. I be-
lieve that through this ccmnission you can change a youth's attitude fran de-
stroying a corrmunity to beautifying it. The work and effort that can be
utilized in each Ironthly project can create tJemendous improvements. Unfor-
tunately, I became a little discouraged at the outcane of my own Ironthly pro-
ject which was to clean up a local park. I know that IroSt of the blame should
be placed upon myself, still I knew very little about managing such an event.
On the other hand, I want to thank the Mayor for allowing to participate in
this board of concerned colleagues for the betterment of the carmunity we live
in. I also want to thank and congratulate Kathy Miller, our secretary, for
performing wonderfully by contacting us about important issues and delivering
the previous meeting I s minutes. She does an excellent job, and should be high-
ly cannended for it. My gratitude further extends to our former Chairman
Derric Prescot. He helped. me a lot with my problems concerning the ccmnission
and my Ironthly project. He also made each meeting livelier with his jokes and
good humor. My congratulations to the new Chairman Ty Meservy, I wish you a
successful term, I know that you will do a great job.
'Ib the other ccmnissioners, both old and new, I wish you a rewarding exper_
ience and I encourage you all to perform to the utmost of your ability to
wake this year and the ones to follow as excing as possible.
Thank you again for allowing me to participate and my aplogies for such a long
wait. I sincerely hope my replacement would be a great asset to the corrrnis-
sion.
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æt OF CHUlA Vl:W
January 10, 1995 CLERK'S OF (.
Chula Vista City Council
Public Services Building
276 Fourth Avenue
Chula Vista CA 91910
RE: NEIGHBOR HELPING NEIGHBOR/PUBLIC SERVICE PROGRAM.
Dear Mayor Shirley A. Horton and Chula Vista City Council Members:
I respectfully request both Elizabeth Stillwagon and 1, Rosemary A. Hilliker, be added
to the January 17 City Council Meeting Agenda.
We would like to propose for consideration a bid for city funds in exchange for a
unique public service work program. This program is designed to service the
community of Chula Vista with a team of 120 adults. Each adult would dedicate 8
hours of community service each month benefiting Chula Vista. These adults are
parents who receive child care services at the Chula Vista Connection, a low income
day care center.
The proposal we present will carry a detailed plan of the service work program and
clearly define the role the Chula Vista City Council will play in this example of "a hand
up, not a handout".
With this program Chula Vista will set an example to other communities and lead the
way towards illustrating the future of non-profit organizations...self sufficient
independence.
Thank you for your time and consideration.
Sincerely, - .
t=-~ !>'.\~'4 COMMÜNiCA"i1Q,í~S
Account ExecutIVe ä i
KPOP AM 1360 -- _. ... ., ~ ;1)7//-~
Arr¡þassador of the Chula Vista Chamber
cc,~~(¥) 5c. -I
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Neighbor Helping Neighbor
.1
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Sponsorship Proposal
TO: CHULA VISTA CITY COUNCIL
Mayor Shirley A. Horton
City Council
- Robert P. Fox
- John S. Moot
- Stephen C. Padilla
- Jerry R. Rindon
FR: THE CHULA VISTA CONNECTION
Founder & Coordinator
- Liz Stealwagon
Fund-raiser & Publicity Coordinator
- Rosemary Hilliker
- "
!;>C-.J
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Directory
CAIEGOBY PAGE
Concept...................................................................... . 3
Qualitative................................................................... . 4-5
Implementation...... II.............................····················.·· 6
Commitment.... .............. ... ,.. ........... ............... ...... ...... II 7
The Chula Vista Connection........................................ 8,9,10,11
Daycare income Verification ............................. ........... 12
Budget......................................................................... . 13
~~. - 'l
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Concept
Neighbor helping Neighbor Public Service Program
The Neighbor helping Neighbor Public Service program was designed to benefit both the day care
center "The Chula Vista Connection" and the community of Chula Vista.
This service program would feature a weekly work force of approximately 15 to 20 adults
committed to 8 hours of community service including but not exclusively park clean-up, charity
service, filling and basic office work plus minor indoor and outdoor building repair and yard work.
The adults in the work program are parents of children that attend the Chula Vista Connection and
receive the benefit of low income rates the Connection offers those in need.
The City of Chula Vista would provide the Chula Vista Connection with a specified sum in
exchange for services the parents render and the city would become official sponsors of the
Neighbor helping Neighbor program.
By sponsoring the Neighbor helping Neighbor service program Chula Vista and its council will be
setting an important example for other cities.
~. - S'" 3
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Qualitative
The Chula Vista Connection meets the needs of the community
FACT 1: 34.5% of single parent mothers in San Diego earn less than $15,000 annually, placing
them in a poverty or a low income bracket.
MEETING THE NEED: The Chula Vista Connection services 90 Chula Vista low income families.
The average day care facility charges $90.00 per child and does not include meals. The Chula
Vista Connection provides three meals each day and rates are adjusted according to income. The
Average rate is $45.00 per child.
FACT 2: The House Republicans "Contract with America" vows that by 2003 half the adults on
AFDC - 91% of whom are women - will be required to work 35 hours a week, usually in exchange
for their benefits.
MEETING THE NEED: The Chula Vista Connection has gone from 20 children in 1993 to 120
children by the end of 1994. There are currently 100 children on a waiting list to attend. Ten
families have completely become self-sufficient since their children have been enrolled in the
Chula Vista Connection. Many others have reduced their dependency by 50% or more, while
others have avoided ever applying for AFDC due to the low rates at the Connection.
/'" -l
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4..
-............-.-- - ---.,.---. - - _.~ -- -- - ".~.,..~- ..--.- ...--.--. ,,--._-----~--_._-_._- -..----
FACT: 'The average single parent has 2.5 children and 40% of long term recipients of AFDC have
three or more children.
MEETING THE NEED: The Chula Vista Connection is the only day care facility to offer child care
services to age groups from 18 mos. to 12 years. Because many low income parents rely on the
public transit system, delivering siblings of varying age groups to different day care centers and
then continue to their jobs would cause a huge hardship and added expense.
FACT: One third of AFDC mothers are disabled, have a disabled children or have a disabled adult
living at home.
MEETING THE NEED: The Chula Vista Connection provides care for disabled children including
transportation to their schools and easy access to rooms and play grounds. Special diets are also
provided.
,
-/Çé - / 5
_..__.~.._---- " . -.---.......-. . -~._- -~---- ----, . -.- -------,-_._.__._--_._._---~-------
Implementation
Parents who participate in the Neighbor helping Neighbor service program volunteer to sign
an agreement with the Chula Vista Connection to dedicate 8 hours of service a month.
A Chula Vista Connection Co-ordinator will contact a designated council member each
month to receive the community service assignments.
The Connection will then schedule the parents according to availability and skillleve!. It will
also supply all basic tools needed to complete the assigned tasks, provide child care for the
parents children and transportation.
The city will provide the Chula Vista Connection a quarterly fund for the services the
Neighbor helping Neighbor program renders.
Target date for implementation of this innovative and timely program is Saturday, February
4th.
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^- ~._--_.,.,- -.... ....-- .~._~u..._ -~_._"....- __d.'_ .. "'-.--.-.--_.~--..... -_..._..__._._,._..,-~--.-.--
Commitment:
NEIGHBOR HELPING NEIGHBOR SERVICE PROGRAM:
1. A task force of approx. 120 volunteers dedicated to 8 hours of community service per
month
2. Basic supplies and tools to complete assigned tasks.
3. Co-ordinator and job sight supervisor.
4. Child care and transportation for volunteers and their children.
CHULA VISTA CITY COUNCIL
$30,000 annual commitment paid in quarterly installments of $7,500.
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...-.--.---....-.----.......- . --...-.-.--- -' --..---- . ---..--- ...... ---- -' ..------.--..--..-.---'...-'-.
""
THE CHULA VISTA CONNECTION
NEIGHBORS HELPING NEIGHBORS
7; NO. SECOND AVE. CHULA VISTA. CA.91910
PEONE (619) 427-9857
Facility License # 370-806520 Fed./St. Exempt # 1853686
STATEMENT OF PURPOSE
A. PURPOSE
The Chula Vista Connection is a non-profit orga~izati~n pro-
vidinc service to the total community, target populat~on be~ng the
low i~oorne and needy families. Our program is a new and ~nncva~~ve
concept in affordable child care, nationwide.
Iú today's economy, child care is a.high priority issue, ~:d
very costly to most of those in urgent need. The.ser:~ces we ~~~er
to the recipients are a wide range of programs,wh~ch ~nclude, _u~
are not limited to:
1. Low cost child care 2. Parenting classes and referrals
3. Family relief 4. Health and Nutrition'
5. Youth and Gang Awareness 6. Family & Neighborhood U~ity
Intervention & Prevention and Neighborhood Watc~
7. Senior Citizen Housing 8. Referral services to Social
Services & other agencies that
fill needs we cannot.
B. NEED
The/~hula Vista Connection Day Care Center is needed in our
community to fill the void in services of child care needed, wh~ch
other day care centers do not provide, such as:
1: Low cost quality licensed day care
2. Child enrollment from 18 months to 12 years of age
3. Open from 6:00 a.m. to 7:00 p.m. Monday through Friday
4. Highly trained, qualified, credentialed teachers and staff
5. Three nutritional meals and two snacks served caily, according
to Federal government Food Program guidelines
6. Children who are enrolled in school are fed breakfast; delivered
to their respective schools, picked up at the end of their school
day and returned to Day Care until their parents pick up.
7. All of the "extra" services which we provide are included at no
"extra" cost in the affordable tuition.
'.'
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8"
^ _ ..______,. __...._u__,..__._,____~_~_______·_'~_·~
THE CHULA VISTA CONNECTION STATEMENT OF PURPOSE (ccntinued Page 2 )
C. GOALS
Our primary goal is to meet the needs of our children enrolled
here. At the same time, we provide services to the total family unit.
We have several child care poograrns, each unique in it's own right.
l. Toddler Program (18 months to 36 months)
2. Pre-School (2~ - 4 years)
3. Pre - K (4 - 5 years ) Prepare children for Kindergarten
4. School Age (s - 12 years) Children enrolled in school
5. Drop-In (any age above) Any hours, any days with approval
.. ,
NOTE: .. We are licensed for, and accept mildly handicapped children.
We are totally equipped for them. However, they are a part of
the mainstream, and are not segregated in any manner from our
other children.
Our children have a regular curriculum and teachers are credentialed
to teach in the areas designated, according to age. Indoor anà out-
àoor play activities are well planned for the seasons, accordingly,
and parents are advised on all of the stages of their child's develop-
ment On an on-gcing basis and to be kept aware of any new program
changes or impleme~tations.
Our program staff consists of 28 personnel, all highly trained and,
qualified professional persons.
1 Program site director
6 Fully accredited teachers, 4 of whom are àirector qualified
4 Teacher aides
S School age supervisors
2 Transportation supervisors
2 Cooks
1 Maintenance person
3 Administrative staff (Secretary, Treasurer, Public Relations)
To ensure full protection of our children, we have installed a very
unique Camera Surveillance System throughout the facility. The cameras
include monitoring of classrooms, play yards, corridors, and other.
Monitoring screen is in the office, and parents are welcomed to come
and observe their child in the classroom" without the child seeing
them. Tapes are kept on. file for future reference. This system has
been well received by both staff and parents. No other child care
in our area has such a system installed, that we are aware of.
D. OTHER PROGRAM COMPONENTS
Other components of the Non Profit Corporation, of which the chula
Vista Day Care Center is the major program are:
1. Family oriented services such as Family Relief. When an emer-
gency situation arises, we try to meet the immediate need, be it
food, clothing, emergency cash, medical referral, and if we are
unable to provide relief needeà, we make every effort to locate
a local agency that can help.
tÇ;¿ -j / 1 ~
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____.._____..______.,..___.u.m_____~_.._ .___...._.___._._. . ·m·~·_.__·__·____ ___~___~....._____ .
THE CHULA VISTA CONNECTION STÞ.TE11ENT OF PURPOSE (continued - Page 3
D. OTHER PROGRAM COMPONENTS (continued)
2. Parenting classes are held to assist parents that need some guid-
ance and/or assistance in the area of child care, child raising
problems in every day living, etc. We also make referrals to
other agencies offering these services.
3. We offer youth programs, educational as well as recreational.
Tutoring is provided for those who need it, gang awareness, pre-
vention and intervention, drug and alcohol abuse counselling
:and have a variety of sports programs with the Parks and Recrea-
.' :tion Department and the Otay Family & Youth Center. We work
very closely with other youth oriented agencies in our community.
4. We are very involved with family and neighborhood unity. Our
Center has initiated and been veri active in Neighborhooà Watch.
We bring families and neighborhoods into focus with each other
by p~ornctins activities t~at streng~~en their ties with one an-
other. Family type c~tinss and rec=eation is e:c.ccurageè. by
planning t~ese activities with t~e community at large.
5. Senior Citizen housing in the form of a hotel/apartmen~ ccmplex
is in ou= plan for the near future. There are 160 rooms which
we expect will be occupied at all times. Residents will re-
ceive the benefits of low rent, a food program, and rec=eition-
al activities planned for their inte:::-ests.
6. Our Center associates and works closely with our local Social
Services age~cies anå Health agencies as well as la~,.; er:::crce-
ment de9artments. We are helå in high regard by our 9ublic as
well as electeè officials, and most proviàe us with the~=
support by actively participating in our activities.
E. EVALUATION
We have an active roster of officers of the non-profit corporation
and board members that meet on a regular basis, and they evaluate
our program continually. If they see areas of concern, these are
discussed in a meeting and any problems are dealt with in a very
positive and timely fashion, through the Program Director and the
Staff Supervisors.
Monitors from the State of California,Day Care Licensing make
both announced and unscheduled visits to the Day Care Center, to
evaluate program activities and see that they are within the
scope of the laws and regulations for the operation of a licensed
day care facility.
Staff is monitored and evaluated on a regular schedule. Staff
meetings are held to dissiminate pertinent information to everyone.
Guest speakers are sometimes invited to discuss issues that are
relevant to staff development and/or child issues.
,/'/ -/;2-
3¿ 10
_ _ ___ _ ____..______~__M_.'_'__"·_·__·_______·_··_··________ ._~___
THE CHULA VISTA CONNECTION STA~EMEN~-GF-FgRFG5E (continued- Page 4'
.1
F. SUPPLEMENTAL INFORMATION
THE CHULA VISTA CONNECTION maintains an "OPEN DOOR" policy at
all tunes, Visitors are always welcome, and we offer guided tours
by appointment, in the interest of time and child activity hours.
The President/Coordinator, is a dynamo when it comes to leadership.
She motivates everyone around her and is an inspiratioo to children,
parents, staff and community. January, 1994, she received the
San Diego Channel 10 T.V. Leadership Award, and has numerous other
co~unity service awards to her credit. Her wealth of experience
and'expertise is what has made us so unique as a child care center.
She had a dream about The Chula Vista Connection, the dream be-
came a reality, and she plans to see it flourish. Good luck from
all of us to MRS. ELIZABETH STILL~AGON. We are proud to know you,
and especially to be a part of your dream.
~'?
.--- ~)-...." ,
~ '7C- -) II
_._-_._--~-
DAY CARE INCOME VERIFICATION
WEEKLY MONTHLY
.
:/ TODDLER PROGRAM~
,
.' A) . 2 x 25
.' 3 x 35
1 x 45 1265 5060
.
2 x SO
15 x 60
1 x 65
P~ESC~CCL ?ROGRAM-
A) . 25 :( 50 = 1250 5000
B) . 2 x 20
6 x 25
2 :< 30
1 x 35
1 < 40 = 430 '720
1 x 45
1 < 60
.
PRE-X/K¡NDERGARTEN
A) . 20 x SO = 1000 4000
B) . 1 x 10
1 X 30 170 680
=
1 X 40
2 x 45
SCHOOL AGE PROGRAM
A). 75 x 20 . 1500 6000
B) . 1 < 5
4 x sa = 205 820
The Chula vista Connection has also . a drop-in prot;ram t.b.at in-
cludes an additional 15 preschool and 29 school ~ge at' (income
verification) tuition fee ranging from $5.00-$15.00 per day.
COMBINATION PROGFUU~
25- TOOOLERS
39-PRESC3COLERS
25- PRE-á/KINDERGARTEN
.!l. SCHOOL aGE
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---- -"-_._~------'.._~_._"'-". ---,,_._~~,,-"- ,,,."-"--- .-.-..-"-----..
INCOME $23,280.00
CARE AND SERVICES
food costs-------------------------________________ 2,000.00
cleaning/housekeeping supplies-------______________ $120.00
daycare, supplies/activities-------_________________ $10g~00
first aide supplies-----------------_______________ $25.00
GE~ERAL ADMINISTRATION
salaries-----------------------_____________________ 14 400 00
.,..,1 .
transportation------------------____________________ $240.00
utilities-------------------------__________________ $2,300.00
( includes telephone- $200, ,S.D.G.& E.- $ 1200.00, AND 900 for) \
water bill.
insurance-----------------------------_______________ $1300.00
rent/lease-----------------------------_____________ $2500.00
:/ / ./
~C' ..,7 13
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January 17, 1995
Members of the City Council,
This letter is in regards to the Chula Vista Connection Day Care Center and the
needed service it provides to the people of our community. Although the number of
people their able to provide service for is small, the number of people who are in need of
this service is great. Seeing a need for an affordable and safe place for low income families
and single parents to take their children while they work and job search Chula Vista
Connection came through
Personally, I am a single parent and although I am fortunale to have ajob, Chula
Vista Connection allowed me to put my child in a preschool atmosphere for the cost I
would pay to have someone just 10 watch him. Every ones situation and need is different,
and that's whal is taken into consideration first. In my situalion Ihey provided a school and
learning environmenl for my son that I can afford.
Please allow for this center to remain running and help Ihem achieve goals for their
existing facility and the possibility of expansion by providing fund~ to our children's day
care facility also.
Thank you,
l&td'tLr ~~
Deidre' Lenoir
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~r. and Mrs. Radomski
. .
Spring Valley, CA 91977
January 17, 1995
Chula Vista City Coun:il
276 Fourth Avenue
Chula Vista, CA 91910
Dear ::::hula Vista City Council:
Our so~ P~illip's first caregiver was my mother-in-law. Grandll8 Radomski
wat:;hed Phillip f:om six weeks old until he was two years old. !;t that
time, Gnndma iNas tired from 'Jl/at:hing an active two year ol,d ald Phillip
nesded other children to play with. Also, we had inadvertently helped
finish Phillip's sentences and tried tJ do too much for i'hillip because
he is our youngest child by ten years. Phillip was lagging in social
and especially speaking s~ills.
We found an excellent day:an~ and for three months \~atched Phill ip' s
adjustmelt to daý:are. Just 'Jl/hen it seemed P:lillip was benefitting from
day:are, our day care informed u's their owners had deoided tle daycare
WaS!l't making enoJ,~h profit and would be :losing. . :rJe 'Nere stunned.
i~y husband and I started our search of daycares in Spring Valley and Chula
Vista. The daý:ares which appealed tJ us didn't compliment our bud~ets
or early work hou:s. .~l so, many 0 f ~Ile daycar'~s didn't seem as interested
i'l O'Jr child as in O'Jr ability to pay their high fees on a regular basis.
When we first heard about the Chula Vista Conne:tion, my husband and I
kept ~lJo:lde~ing what was the IIcatch. H Well, the "catch" is tha': the Chula
Vista Conne:tion i. a non-profit daycare truly interested in benefitting
their commJrli ty by providi!lg excellent daýcaœ to ALL incoHles on a slidi.lg
scale. Other excellent "loll·-profit age1lcies provide childcare, but !lOt at
as an affordable price. While it's true they allow all incomes the possi-
bility to e~roll; with a ~rohibitive cost to the majority of people out of
wor~ or in a lower income ~racket, they are excludiflg that portion or the
PO~uV¡tion who most need f,leir services.
Our family is flat only benefitting f:om the Chula Vista Connection's reason-
able rates. Because of the warm and caring staff's effor~s, our three year
old son, ?hillip, is now speaking in com~lete se~tences and loves ~is daycare.
He as~s to go to his daýcare over vacations or even towards the end of the
weeke~ds. Phillip's confidence and ,social skills hav~ grown tremendodsly.
I can tell he is truly ha~py at the Chula Vista Connection.
. '. ~pII t wor~
The r~lJl'3 Vista Îonn~ction "leed'3 your help to contlnue theH ex,__ e~ '
-,' - - " - d" 'oy f'OlloIN,l'lg
within t'lis coml1unity. Pleas'3 hear ou:: '/011_e" a~ Jon us '
their motto of "NeighiJor Helping Neighbor."
Sincerely yours,
/ ~ 'J{W~:rI-;f!(,(tÍrrí'dél ~,~
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cc: Chula Vista C'oll!lectioJL' ~.hammy and Phillip RadDmski!
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DAYCARE PARENTS SIGNITURES
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6 0-482 483-686 0-2,088 2.089-2,971 0·25,051 25,052-35,650
7 0-544 545·774 0-2.355 2,356·3.351 0-28,249 28,250-40,201
8 0-605 606-861 0-2,621 2,622-3,730 0-31,447 31,448-44,752
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CITY COUNCIL AGENDA STATEMENT ¿
Hem
Meeting Date 1/17/95
ITEM TITLE: RESOLUTION l'l 'It'S' ADOPTING A COUNCIL POLICY
REGARDING BUSINESS COMMUNITY INPUT DURING POLICY
DEVELOPMENT ~
SUBMITTED BY: City Manage~ ~ ,./Ø (4/5th Vote: Yes No..x)
Council Referral No. 2916
BACKGROUND: In recognition of the vital role that the Cily's business community plays
in the economic health and vitality of this City, Ihe Council has made several motions over the
years directing staff to solicit input from the business community on those issues affecting the
way they do business. On Augusl2, 1994, the City Council directed staff to prepare a Council
Policy thai would formalize the Council's commitmenl to receive the business community's input
on Ihose ilems affecting them, before said items are forwarded to the Council for consideration.
This policy is presented in response to thai directive.
RECOMMENDATION: Thai Council adopl the policy.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: In 1982, the City Council directed staff to consult with the Chamber of
Commerce and any board, commission or committee prior to submitting for Council
consideration any issue having potential impact on their interesls or areas of responsibilily. In
response to that directive staff has made a concerted effort to hold workshops to obtain inpul
from affected parties during Ihe policy development stage, especially when required by law,
Council Policy, or when an issue is of community-wide concern. On August 2, 1994, Council
directed staff to develop a policy that would formalize their commitment to obtain the business
community's input during the development of policies affecting their interests. The proposed
Council Policy has been prepared in response to that directive.
In formulating this policy, staff met with the Executive Director of the Chamber of Commerce
to obtain his input to insure that the policy being developed would address the business
community's concerns related to their involvemenl in policy development. During this meeting,
clarification was soughl as to the types of issues that the business community wants to be
involved in and at what point in the policy developmenl process they want to be involved. Staff
has addressed the issues expressed by the Chamber and Ihe City Council in the proposed policy.
The Chamber's Executive Director has reviewed the proposed policy and supports its adoption.
In summary, the proposed policy enhances the business community's participation by defining
the types of issues for which their input is to be obtained. The opportunity to provide input is
to be made prior to the issue being placed on the Council Agenda. The policy also stipulates
that all business related agenda reports include a statement of the concerns or support expressed
by the business community. This statement would also describe the steps taken by staff to
address, mitigate, or allay the concerns.
¿-I
-.- ---.._._._~._.- - "--,-_._-_._-~- -..- ~_._.__._._.__._------_.~_.._--
Page 2, Item h
Meeting Date 1/17/95
FISCAL IMPACT: Adoption of this policy may minimally increase !he amount of staff time
involved in policy development.
Attachment: Proposed Council Policy
¿. ,,).,
~...__._-_...- - ----....- ~_...._~~..___._,_._..·....'_"'__n.___·'____"_·_·,__~_
Page 3, Item ¿,
Meeting Date 1/17/95
PROPOSED
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Policy Development- POLICY EFFECTIVE
Business Community Input NUMBER DATE PAGE
1/18/95 10F2
ADOPTED BY: Resolution DATED: January 17, 1995
BACKGROUND
The City's business community has expressed a desire to have an opportunity to provide input
into policies affecting them prior to those policies being forwarded to Council for consideration.
In recognition of the vital role thallhe City's business communily plays in Ihe economic health
and vitality of this City, the Council desired a policy that would formalize Council's commitment
to receive the business community's input into those items affecting them, before said items are
forwarded to the Council for consideration.
PURPOSE
To establish a policy which ensures that the City's business community is given the opportunity
to provide input into Ihose issues affecting them prior to those issues being placed on the City
Council Agenda.
POLICY
1. When developing policy recommendations lhat may affect lhe City's business community
or the way in which Iheir business is conducted, staff is to present lhe proposed policy
to the affected business organization, board or commission, and provide said party with
the opportunity to express their concerns or support of the proposed change from the
status quo. The types of issues to be presented include, but are not limited to: new fees
or changes to existing fees, taxes or assessments; changes in what is required of
businesses (e.g. how much, how often, and how accomplished); or items affecting access
to businesses,
2. Business community input is 10 be solicited before the policy recommendation is placed
on the Council Agenda.
t .;¡
-------.-- -'-- . --.-. . --,.--,.--.---------.,-.,-- -- -- -~----_._.~---~-
Page 4, Hem ¿,
Meeting Date 1/17/95
PROPOSED
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Policy Development- POLICY EFFECTIVE
Business Community Input NUMBER DATE PAGE
1/ 18/95 20F2
ADOPTED BY: Resolution DATED: January 17, 1995
3. Slaff shall make every effort to address, mitigate or allay Ihe concerns expressed during
this inpul period.
4. All business related Council Agenda Slatemenls are to include a slaIemenl of the
concerns or support expressed by the business community during the input phase. The
slatement should further detail the steps taken by slaff to address, mitigate, or allay the
concerns.
~-¥
~~_.,.._..- ---..-------- . ,_.._...__ .'" .. ~ ..__._u_...._.___._ __._.._..____,_..____~._.___~_
17?Yþ
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A COUNCIL POLICY
REGARDING POLICY DEVELOPMENT BUSINESS
COMMUNITY INPUT DURING POLICY DEVELOPMENT
WHEREAS, in recognition of the vital role that the City's
business community plays in the economic health and vitality of
this City, the Council has made several motions over the years
directing staff to solicit input from the business community on
those issues affecting the way they do business; and
WHEREAS, on August 2, 1994, Council directed staff to
prepare a Council Policy that would formalize the Council's
commitment to receive the business community's input into those
items affecting them, before said items are forwarded to Council
for consideration; and
WHEREAS, the attached policy is presented in response to
that directive.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby adopt Council Policy No.
regarding Business Community Input during Policy Development,
attached hereto and incorporated herein by reference as if set
forth in full.
Proeonted by APP~ ~.~Z¡;:.lI
John D. Goss, City Manager Bruce M. Boogaard, City
Attorney
C:\rs\bus1nes8.pol
~-f
^' _......._.-,-,...- --"---.----"'-.---,-~-.-.- ..--.--, ---~-_._--,._.~--------
COUNCIL AGENDA STATEMENT
Item: 7
Meeting Date: 01117/95
ITEM TITLE: Resolution 1')')E'¿'Accepting a 24-month grant in the amount of $120,000
from the California Department of Health Services, Tobacco Control Section;
and amending the FY 1994/95 budget to appropriate $30,000 to the Community
Tobacco Education Grant budget, and adding .75 FTE part-time positions to
support the grant
SUBMITTED BY: Direct" of ""'" "" RW
REVIEWED BY: City Manager j~ 'ïJ (4/5ths Vote: Yes..x. No _)
.'/'
On November 23, 1994, the Parks and Recreation Department was informed that its "Community
Tobacco Education Interventions" proposal had been selected for funding by the California Department
of Health Services, Tobacco Control Section, in the amount of $120,000 for 24 months beginning January
I, 1995 and ending December 31, 1996. The City of Chula Vista had applied for the grant in
collaboration with the Chula Vista Youth Coalition. Members of the Youth Coalition will serve as
program partners in utilizing the grant funds for tobacco education programs. The City will enter into
sub-contracts with various youth-serving agencies to implement the programs.
The City will receive $30,000 in grant funds for the remaining six months in FY 1994/95. Additional
State grant funds to the City beyond June 30, 1995 are contingent upon the availability of appropriated
funds by the Legislature.
1
The Tobacco Grant funding will be used to augment the youth newspaper project sponsored by the City
and South Bay Community Services' KidzBiz Program, components of the Youth ACTION Program, and
other programs serving Chula Vista youth. This grant funding will also be used to hire part-time staff
to implement the tobacco education interventions program.
RECOMMENDATION: That the City Council adopt the resolution:
1. Accepting a two year $120,000 grant award (contingent upon the availability of second year State
funding) from the California Department of Health Services, Tobacco Control Section;
2. Amending the FY 1994/95 budget and appropriating $30,000 to the Community Tobacco
Education Grant budget;
3. Authorizing the Parks and Recreation Department to hire a part-time (.50 FTE) Recreation
Specialist to serve as Project Coordinator, and a part-time (.25 FTE) Recreation Aide for the
High School Happenings component of the Youth ACTION Program, to implement tobacco
education activities; and
[SM - A1l3 - TOBGRANT.A13] I
7'1
- ~_..- -...-- .."_.__._--.----~~--~_.-
Item: 7
Meeting Date: 01/17/95
4. Authorizing the Director of Parks and Recreation to execute Service Provider Sub-Contracts
between the City of Chula Vista and South Bay Community Services, South Bay Family YMCA,
Boys & Girls Club of Chula Vista, and Metropolitan Area Advisory Committee (MAAC) Project
for the six-month period beginning January 1. 1995 and ending June 30. 1995. In addition,
based on satisfactory performance by the sub-contractors, and funding availability of the grant,
sub-contract extensions may be granted to the program agencies through the life of the grant,
December 3 I, 1996.
DISCUSSION: In November 1988, California voters approved the Tobacco Tax and Health Protection
Act of 1988 (Proposition 99), which added a 25 cent tax to each pack of cigarettes sold in the state.
These additional tobacco taxes are earmarked for tobacco-related research, health education and
promotion, and health care. Enabling legislation for Proposition 99 during the past five years has
provided legislative authority for programs administered by the Tobacco Control Section (TCS) of the
California Department of Health Services to:
1. Conduct health education interventions and behavior change programs at the state level, in the
community, and other non-school settings;
2. Apply the most current research and findings; and
3. Give priority to programs that demonstrate an understanding of the role community norm change
has in influencing behavioral change regarding tobacco use.
In early September 1994, the Parks and Recreation Department received a Request for Proposal (RFP)
entitled "Community Tobacco Education Interventions" from TCS. It was anticipated that approximately
$6 million in grants ($3 million from each fiscal year [1994/95 and 1995/96]) would be awarded to 30-40
agencies and organizations that specifically addressed one or more of TCS's three priority program areas:
environmental tobacco smoke, youth access to tobacco, and/or countering pro-tobacco influences in the
community.
In its efforts to continue strengthening and expanding services to youth in Chula Vista, the Parks and
Recreation Department and the Chula Vista Youth Coalition developed a grant proposal in response to
this RFP. During the September 22, 1994 Youth Coalition meeting, seven agencies expressed an interest
in being included in the grant proposal as project partners. All interested agencies were asked to submit
one-page summaries highlighting how a tobacco education component would be implemented based on
the TCS criteria, and the amount of funding needed to operate the program.
The grant proposal submitted requested funds for the following components:
1. Augmentation of funding for the youth newspaper project sponsored by the City and South Bay
Community Services' KidzBiz Program (the City's first-year California Healthy Cities Project
activity approved by the City Council on September 20, 1994).
2. Augmentation of funding for South Bay Community Services' gang prevention program. The
program targets at-risk ethnic youth between the ages of 10 and 18 who are involved, associated,
[SM - A1l3 - TOBGRANT.AI3] 2
7~~
__...__ __._...__,~ n"__n.__..__._.._..- .. u'__'. _...._._~ _ .__"._.n'_"..m_.'...._.·..,···,~,_". -_.....,.._-_.,,_._..-.,._.,,_._.._------_..~-- .----- ...-
Item: 7
Meeting Date: 01/17/95
or at-risk of being involved in gang activities. Tobacco education will be incorporated into the
current program to increase participants' knowledge and awareness of the dangers of tobacco use,
and reduce youth access to tobacco products, by changing attitudes and behaviors of this high risk
group. Funding will be used to add a part-time counselor to make presentations and coordinate
follow-up activities at 20 local school sites. These presentations and activities are not part of the
Chula Vista Elementary School and Sweetwater Union High School Districts' current curriculum.
3. Adaptation of tobacco education curriculum developed by the San Diego County Office of
Education to train older youth to be mentors and positive role models for younger children in a
variety of recreational settings (e.g., afterschool playground sites; WizKidz Program offered at
Lorna Verde and Lauderbach Community Centers; and programs offered by other youth-serving
agencies such as the South Bay Family YMCA, Boys & Girls Club, etc.).
4. Incorporation of tobacco education into components of the City's Youth ACTION Program,
particularly Junior High Outreach, High School Happenings, and Late Night Teen Programs.
ACTION stands for "Activities Coordinated Through Interagency Organizational Networks." The
program is intended to improve access and availability of services and programs to youth 13-18
years of age.
5. Provision of start-up funding for the Boys & Girls Club of Chula Vista's "Smart Moves"
program. This program was developed by the Boys & Girls Club of America and targets teens,
adults, and the community at-large in efforts to prevent smoking. The local Boys & Girls Club
currently does not offer this program to its participants because of the lack of funding to
implement the curriculum. Based on similar concepts as the "Teens as Teachers" program,
"Smart Moves" will bring to participants in the Club's two educational programs (serving more
than 100 children and youth each year) opportunities for older youth to teach and mentor younger
children on the dangers of tobacco use.
6. Augmentation of funding for the MAAC Project's Otay Youth Services Program.
7. Sponsorship of a variety of special events and activities promoting tobacco-free living for Chula
Vista youth, including but not limited to dances, talent shows, annual art competitions, and an
annual Youth Health Fair.
8. The hiring of a part-time Project Coordinator (.50 FTE Recreation Specialist) and a part-time
Recreation Aide (.25 FTE) in the Parks and Recreation Department to support the tobacco
education program.
A total of 150 proposals were submitted to TCS. Of this total, 42 programs were funded, including the
City of Chula Vista. Of the 42 programs selected for funding, 38 had a primary focus on youth.
Selection for funding offers the Parks and Recreation Department and the Youth Coalition several
opportunities to increase Chula Vista's visibility as a model program offering creative responses to Ihe
changing needs of youth. As a funded program, the Parks and Recreation Department and the Youth
Coalition will also be active participants in the County's Tobacco Control Coalition. The other agency
[SM - A1I3 - TOBGRANT,A13] 3
7<1
._-_..._._~---- ''''-'''-'"-'-- -.... - _.._----_.__.~._.~- -.-----.-..-..-'-.--.----..-------
Item: 7
Meeting Date: 01117/95
partners with the Cily of Chula Visla are South Bay Community Services, South Bay Family YMCA,
Boys & Girls Club of Chula Vista. and MAAC Project.
The Youth Coalition is a group comprised of representatives of youth-serving organizations including the
Parks and Recreation Department, South Bay Family YMCA, Boys & Girls Club of Chula Vista, South
Bay Community Services, 4-H of San Diego County, MAAC Project, Chula Vista Elementary School
District, Sweetwater Union High School District, Police Activities League (PAL)/Chula Vista Police
Department, Chula Vista Public Library, Girl Scouts, Boy Scouts, Union of Pan Asian Communities, and
Campus Life. The Youth Coalition's goal is to strengthen services and activities for Chula Vista youth,
as well as promote healthy lifestyles among the city's youth. During the past year. Youth Coalition
members have served hundreds of area youth through the various components of the Youth ACTION
Program. The Parks and Recreation Department has been the driving force in the creation and
maintenance of the Youth Coalition.
During the past year, the Parks and Recreation Department and the Youth Coalition have been successful
in securing approximately $320,000 in grant funding for the Youth ACTION Program and other youth
services. These additional funds have been used to add an archery program to the Junior High Outreach
component of the Youth ACTION Program, start the youth newspaper project, support a Science Mentor
Program, and add "Teen Night" activities at the Otay Community Center.
FISCAL IMPACT: The City will receive $30,000 for use through June 30, 1995. These funds are
appropriated to the Community Tobacco Education Grant budget (290-2900) for use by the City and the
sub-contractors. These funds are part of the award of a 24-month grant in the amount of $120,000 by
the California Department of Health Services, Tobacco Control Section, for a tobacco education
program. All General Funds appropriated for expenditure in this program will be fully reimbursed by
the grant.
Attaclunents: A. A ward Letter
B. Budget for Grant Funds
C. Sample Service Provider Sub-Contract
[SM - A1l3 - TOBGRANT.A13] 4
?-i
. --.-..-.-.--....--.....--.---....---.-- -, , .-..--------,,-
RESOLUTION NO. /778""
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A 24-MONTH GRANT IN THE
AMOUNT OF $120,000 FROM THE CALIFORNIA
DEPARTMENT OF HEALTH SERVICES, TOBACCO CONTROL
SECTION; AND AMENDING THE FY 1994/95 BUDGET TO
APPROPRIATE $30,000 TO THE COMMUNITY TOBACCO
EDUCATION GRANT BUDGET; AND ADDING.. 75 PART-
TIME POSITIONS TO SUPPORT THE GRANT
WHEREAS, on November 23, 1994, the Parks and Recreation
Department was informed that its "Community Tobacco Education
Interventions" proposal had been selected for funding by the
California Department of Health Services, tobacco Control Section,
in the amount of $120,000 for 24 months beginning January 1, 1995
and ending December 31, 1996; and
WHEREAS, the city of Chula vista had applied for the
grant in collaboration with the Chula vista Youth Coalition who
will serve as program partners in utilizing the grant funds for
tobacco education programs; and
WHEREAS, the city will receive $30,000 in grant funds for
the remaining six months in FY 1994/95 with additional State grant
funds to the City beyond June 30, 1995 being contingent upon the
availability of appropriated funds by the Legislative; and
WHEREAS, the Tobacco Grant funding will be used to
augment the youth newspaper project sponsored by the city and South
Bay Community Services' KidzBiz Program, components of the Youth
ACTION Program, and other programs serving Chula vista youth; and
WHEREAS, this grant funding will also be used to hire
part-time staff to implement the tobacco education interventions
program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept a 24-month grant in the
amount of $120,000 from the California Department of Health
Services, Tobacco Control Section, all but $30,000 is accepted
subject to State funding in the 1995/96 Fiscal Year.
BE IT FURTHER RESOLVED that the FY 1994/95 is hereby
amended to appropriate $30,000 to the Community Tobacco Education
Grant budget (290-2900) for use by the City and the subcontractors
and adding .75 part-time positions to support the grant.
1
'?~5'
---~._._---_.- - -- - --.~-.-..~-..-------.---.-~.~-- --,._-----~._~----
BE IT FURTHER RESOLVED that the Director of Parks and
Recreation is hereby authorized to execute service Provider Sub-
Contracts between the City of Chula vista and South Bay Community
Services, South Bay Family YMCA, Boys & Girls Club of Chula Vista,
and Metropolitan Area Advisory Committee (MAAC) Project for the
six-month period beginning January 1, 1995 and ending June 30,
1995. In addition, based on satisfactory performance by the sub-
contractors, and funding availability of the grant, su -contract
extensions may be granted to the program age ies throug the life
of the grant, December 31, 1996.
Presented by t°
Jess Valenzuela, Director of Bruce M.
Parks and Recreation Attorney
c: \ I"'s\ tobgrant
.
?~V
2
_~"__,.__~__,."__. """___'H -.--.-~--...----.~.-----~--......_...-..-.--.- -~-_..__.__.__._---_.._.._.._._-------
ATTACHMENT A
STATE OF CALIFORNIA-HEALTH AND WELFARE AGENCY PETE WILSON, Governor
DEPARTMENT OF HEALTH SERVICES ~
. .
'.
714/744 P STREET . ð .
P.O. BOX 942732 ,
SACRAMENTO, CA 94234·7320
(916) 327-5429 November 23, 1994
Ms. Sharon E. Morioka
Chula Vista Parks and Recreation Department
276 Fourth Avenue
Chula Vista, CA 91910
Dear Ms. Morioka:
COMMUNITY TOBACCO EDUCATION INTERVENTIONS REQUEST FOR PROPOSAL #94-20558
Congratulations! Your community tobacco education intervention project has been
approved for funding. This is a notice of the intent of the Department of Health
Services to award a grant to your organization pending successful negotiation of
a revised budget and scope of work. The Tobacco Control Section (TCS) reduced
the budget requests due to the 1 imi ted funds avail abl e in both fi sca 1 years
(FY) 1994-95 and FY 1995-96. The anticipated funding amount for your
organization is $120,000.
You will receive a telephone call from a TCS health education consultant and
contract analyst in the next two weeks with specific information regarding the
time and location of the grant negotiation meeting.
The enclosed materials are being provided to help you prepare for this meeting
to be held in Sacramento in December 1994. Pl ease read the materials
thoroughly, follow the instructions, and be prepared to discuss it in more detail
at the meeting.
Thank you for your application and your interest in tobacco control. We look
forward to working with you on our mutual goal of reducing the adult tobacco use
prevalence rate in California to 6.5 percent by the year 1999. A 11 the best.
Sincerely,
~.rg
--
Dileep G. Bal, M.D., Chief
Cancer Control Branch
?~?
_____~_.____. _a ____. __ . ._..._~_.__ _ .____00._. . ____n_ _.__..._._....... ------.-...-. .. ---_._,_.._.._.._._~~.
ATTACHMENT B
CHULA VISTA TOBACCO EDUCATION PROJECT
PARKS AND RECREATION DEPARTMENT
FISCAL YEAR 1994-95
290-2900 -- Community Tobacco Education Grant
LINE ITEM .
LINE ITEM LINE ITEM DESCRIPTION
TOTALS
5105 - Wages $6,510 .50 FTE Recreation Specialist, $8.66 -
$9. 52/hour, up to 499.5 hours for FY 1994-
95; .25 FTE Recreation Aide, $6.61 -
$7.01/hour, up to 250 hours for FY 1994-95.
5142 - Employee Benefit 300 For .10 FTE Recreation Supervisor II
Plan
5143 - Medicare 120
5145 - PARS 320
5202 - Contractual 17,250 South Bay Community Services - Youth
Services Newspaper, $2,500, Gang Prevention, $2,500;
Boys & Girls Club of Chula Vista - Late
Night Teen Program, $3,000, "Smart
Moves/Friendly Persuasion" Program, $4,500;
South Bay Family YMCA - PRYDE/Junior
High Outreach Program, $3,000; MAAC
Project - Otay Youth Services, $1,750.
5212 - Printing and 300
Binding
5218 - Postage 25
5225 - Transportation 600
Allowances
5224 - Training 125 .
5252 - Telephone 535
5298 - Contingency 3,815 Provided in grant; includes $2,000 toward
Recreation Supervisor II oversight
5301 - Office Supplies 25
5371 - Recreation 75
Supplies
TOTAL $30,000
?~ý
--'-'~'- ,-_.... ~._. -"-'--'-'-'-~- ----,--
ATTACHMENT C
STATE TOBACCO EDUCATION PROJECT
SERVICE PROVIDER SUB-CONTRACT
THIS SUB-CONTRACT is made and entered into as of the latest date appearing opposite the
signatures of the respective parties hereto, by and between the , a nonprofit
corporation (hereinafter referred to as "Agency") and the CITY OF CHULA VISTA, a municipal
corporation (hereinafter referred to as "City"), concerning the provision of tobacco education
programming for youth in Chula Vista.
NOW, THEREFORE, it is agreed by and between Agency and City as follows:
1. Agency will provide ("Agency's Program") at . The scope of work is hereby
referenced and attached (Exhibit "A").
2. It is agreed that the City will provide $ ("Funds") to offset the cost for staffing and
supplies for the period provided for in this Sub-Contract. Funds shall be disbursed
monthly through a City purchase order upon receipt from Agency of such submittals
("Submittals") as may be reasonably required by City, including, but not limited to,
timesheets, expenditure receipts, and such forms as may be required by the Director of
Parks and Recreation and the California Department of Health Services, Tobacco Control
Section. Travel reimbursement shall be reimbursed at the rate established by the
California Department of Personnel Administration (24 cents/mile). It is the expectation
of the parties that the Funds are intended only to cover the personnel and non-personnel
expenses in the budget hereby referenced and attached (Exhibit "B").
3. CONSIDERATION - It is agreed that the Agency will absorb other necessary expenses
for required services in connection with the Agency Program as their portion of the Sub-
Contract.
4. TERM - The term of this Sub-Contract shall be for a period of six (6) months commencing
on January 1, 1995, and terminating June 30, 1995. This Sub-Contract may be terminated
by either party upon thirty (30) days written notice.
This Sub-Contract may be renewed for a period of twelve (12) months commencing on
July 1, 1995 and terminating June 30, 1996, pending satisfactory performance and the
availability of State funds.
State funds are presently not available for performance under City's Grant (#94-20954)
and its accompanying Sub-Contracts beyond June 30, 1995. The State's obligation for
performance under City's Grant beyond that date is contingent upon the availability of
appropriated funds by the Legislature from which payment for grant purposes can be
made. No legal liability on the part of the State for any payment may arise for
performance under this Grant beyond June 30, 1995 until funds are made available to the
State for performance and until the City receives notice of availability, to be confirmed in
writing by the State.
(SS - YOUTH SERVICES - SUBCONT.SHL - 01105195] - 1 - '--7
Nothing in this Sub-Contract shall require City to be financially obligated to distribute the
agreed upon funds to Agency if funding for any fiscal year is reduced or deleted by the
State Legislature or the State Department of Finance for purposes of this program. If
funding is reduced or deleted, City shall have the option to either:
A. Offer a Sub-Contract amendment to Agency to reflect the reduced funding for
City's Grant.
B. Cancel this Sub-Contract.
Agency agrees to maintain and preserve, until three (3) years after termination of City's
agreement or contract with the State of California, and to permit the State or any of its
duly authorized representatives, to have access to and to examine and audit any
pertinent books, documents, papers, and records of the Agency related to this Sub-
Contract.
5. NOTICE - Any notice required or permitted pursuant to this Sub-Contract, shall be given
by personal service or by deposit of the same in the U.S. Mail, postage prepaid and
addressed to the parties as follows:
Agency:
City: Director of Parks and Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
6. COMMUNICATION - It is agreed that Agency will report monthly, before each
disbursement is to be made, on financial expenditures, programs and activities offered,
program attendance, and a brief evaluation of activities on form provided by City, as
Exhibit "C", as may from time to time be amended by the City.
It is agreed that Agency will participate in monthly Youth Coalition meetings.
It is agreed that Agency will submit a six-month report in a form and format prescribed
by the City. This report will cover the period from January 1, 1995 through June 30,
1995, and will be submitted to the Parks and Recreation Department on or before July
15, 1995.
Agency agrees to comply with all terms and conditions of the Chula Vista Parks and
Recreation Department award with the State of California, Tobacco Control Section, Grant
#94-20954, specifically including, but not limited to Paragraph 15, Copyright and
Ownership of Materials, Exhibit A, Terms and Conditions; Exhibit A(S), "Additional
Provisions"; and all other exhibits and addend as to this Grant and all other applicable
state laws.
[SS - YOUTH SERVICES - SUBCONT.SHL - 011051951 - 2 - ?-/I}
- ---_._--_--.._--_..~_..__.- _______n__._ _._______ _"..___. ...... .---..------ --.---.- ---~-------_._-_._-~ --
Agency shall acknowledge the financial support of State funds whenever any findings,
data, and materials developed pursuant to this City Grant award are published or
whenever the Agency creates a product (e.g" conference brochure, a film, videotape,
manual, book, pamphlet, etc.) pursuant to the City's Grant, in the following manner: "This
was made possible by funds received from the Tobacco Tax
Health Protection Act of 1988--Proposition 99, under Grant Number 94-20954 with the
Calífornia Department of Health Services, Tobacco Control Section,"
Informational materials including, but not limited to, brochures, pamphlets, posters,
curriculum, training guides, etc" that are developed under this Sub-Contract, shall include
the California Smokers Helpline toll-free telephone number unless granted exemption
from the State.
Agency grants the State a copyright interest in any Works created, produced, or
developed under the agreement and ownership of any Works not fixed in any tangible
medium of expression and agrees to assign those rights to the State.
7. INDEMNIFICATION AND INSURANCE - Throughout the term of the Sub-Contract, at
Agency's sole cost and expense, Agency shall keep or cause to be kept in full force and
effect, for the mutual benefit of City and Agency, comprehensive, broad form, general
commercial liability insurance against claims and liability for personal injury, death, or
property damage arising from Agency's operations, providing protection of at least One
Million Dollars ($1 ,000,000) combined single limit. All insurance required by this provision
of this Sub-Contract shall be carried only in responsible insurance companies licensed
to do business in the State of California and rated A-5 or better in Best's Key Ratings, or
the substantial equivalent satisfactory to the Risk Manager. Agency agrees the City, its
elected officials, officers and employees shall be named additional insured on all such
policies. All such policies shall contain language, to the extent obtainable, to the effect
that: (1) the insurer waives the right of subrogation against City and City's agents and
representatives, (2) the policies are primary and noncontributing with any insurance that
may be carried by City, and (3) they cannot be cancelled or materially changed except
after thirty (30) days notice by the insurer to the City. Agency shall furnish city with
certificates and policy endorsements evidencing the coverage outlined in this section.
Agency agrees that it will indemnify and hold City and its elected officials, officers, agents,
and employees free and harmless from all claims for damage to persons or property by
reason of Agency's negligence or intentional acts of those of Agency's officers,
employees, agents, or invites in connection with Agency's provision of Agency's Program,
including either the Special Events or the ongoing tobacco education programming, to the
maximum extent allowed by law.
8. PERMITS/CHARGES - Agency shall, at its sole cost and expense, obtain any and all
other governmental permits, approvals or concurrences required. Further, Agency agrees
that it shall promptly pay all charges required from private persons or corporations for
which it is responsible, including, but not limited to, food, beverage and services, and
supply purchases, relating to providing tobacco education programming, and to protect
and hold City harmless from any failure to make any such payment.
[SS - YOUTH SERVICES - SUBCONT.SHL - 011051951 - 3 - /'11
-~-~-"---"--------'-'~"'~~-~---~'- ..-.-" --_._~--_._._--- _..U.~.___ _ _ _._._.__..__~~.....__
9. TRANSFER OR ASSIGNMENT - Agency shall not assign or transfer this Sub-Contract,
or any interest therein, nor shall this Sub-Contract be subject to transfer or assignment
by any court in any proceeding in which the Agency is involved without the Director of
Parks and Recreation's prior written approval of such assignment or transfer.
Now, therefore, the parties hereto, having read and understood the terms and conditions
of this Sub-Contract do hereby express their consent to the terms hereof by setting their hand
hereto on the date set forth adjacent thereto.
Dated: January ,1995 City of Chula Vista
by:
Jess Valenzuela
Director of Parks and Recreation
Agency:
. by:
its:
(Title)
Approved as to Form:
Bruce M. Boogard
City Attorney
ATTACHMENTS: Exhibit "A" - Agency Scope of Work
Exhibit "B" - Agency Budget
Exhibit "C" - Monthly Reporting Document
[SS - YOUTH SERVICES - SUBCONTSHL - 01/05/95) - 4 - ?,,/J..
______~.__ ..H~_"_··_ ------
COUNCIL AGENDA STATEMENT
ITEM L-
MEETING DATE: 1/17/94
1 t· )778'1'} . ..
ITEM TITLE: Reso u 10n Approv1ng South Chula V1sta L1brary
Change Order No. 11 with Douglas E. Barnhart, Inc.,
for Time and Material Work and for Delay Claims and
Retinting of Exterior Color
SUBMITTED BY: Director of Public Works IIA¡./'
Library Director~_ 'f
REVIEWED BY: City ManagerJCA. \?I>x ~)(4/5ths Vote: Yes_No-1L)
On November 2, 1993, Council awa~ed~he construction contract for
the South Chula vista Library to Douglas E. Barnhart, Inc.
Construction of the South Chula vista Library is being monitored
jointly by the project management firms of starboard, Inc. and
Project Solutions, Inc., as well as by the City's Buildings Project
Supervisor. They have worked with the California State Library to
insure that the changes included in Change Order No. 11 are
necessary and advisable and that the City achieves the greatest
possible value. Since the Library Construction and Renovation Bond
Act grant provides for reimbursement for 65% of the building
project, including change orders, all change orders must also be
approved by the State Bond Act Manager.
RECOMMENDATION: That Council approve Change Order No. 11
inclusive.
BOARD/COMMISSION RECOMMENDATION: Not applicable
DISCUSSION:
Change Order No. 11, as approved by the State Bond Act Manager,
totals $71,502 and incorporates a number of improvements and
functional/operational revisions to the building that is consistent
with the norms of minor modifications made at this advanced stage
of construction. construction is now 99.9% complete. At this
very late date in the construction schedule, it was critical that
these final changes, needed to insure building functionality, be
done in the least expensive and most timely manner. Therefore,
most of the elements of this change order have been completed under
the direction of the Project Manager using the time and materials
method. The Green Book specifies that if a change order is needed,
the Project Manager has the authority to direct the contractor to
proceed with the work on a time and materials basis in order to
ensure that the City receives the best possible value. At South
Chula vista Library, the Project Manager utilized this method, in
consultation with the City staff, only to gain better pricing and
to prevent costly delay of construction claims from the contractor.
8'-/
...-.- .-.-.-- - -~ -. - ..--....---.--..--..
ITEM W, PAGE 2
MEETING DATE: 1/17/94
The scope of the work is as follows:
Time and Material Account Work
Add rubber base to rooms where stone base was deleted
during the value engineering phase and add stone base to
rooms where it had been inadvertently deleted.
Add: $1,921
Add anti-graffiti coating to concrete light bollards and
exterior retaining walls.
Add: $1,670
Modify toilet partition hinges.
Add: $585
Provide a new lock cylinder on one door.
Add: $68
Provide two 20 amp circuits to skylight downlights.
Add: $870
Add two power and two voice/data outlets in Technology
Users Center due to revised furniture plan.
Add: $378
Provide additional electrical receptacles at Children's
Desk.
Add: $458
Revise back wall of Technology User's Center Desk due to
revised furniture plan.
Add: $2,182
Increase parking lot asphalt thickness from 2 inches to
2 1/2 inches and provide parking bays and drives with a
sand and seal coat.
Add: $6,976
g"d--
-.-.-.
ITEM r PAGE 3
,
MEETING DATE: 1/17/94
Haul off rubble found when planting palm trees on south
side of property.
Add: $221
Remove an unworkable security gate from the book store
entrance.
Add: $325
Re-Iocate two holddowns and modify wall length at
entrance to meeting room pre function area.
Add: $659
Add drainage for eight palm trees on north side of the
building.
Add: $5,201
Relocate self-check out station near Children's Room.
Add: $2,754
Add drainage on east side of landscaped mound adjacent to
the apartment complex to ensure that water will not pond
on the adjacent property.
Add: $2,364
Add stone to the browsing area fountain bubbler to ensure
ease of maintenance.
Add: $1,076
Revise emergency exit gate from fragrance court to
prevent anyone from entering from the outside.
Add: $1,032
Add additional support leg to children's bathroom
counters.
Add: $988
8"']
-_._._--"_._---~._-_.._----_. '---"'.'-.'-',---
ITEM t{ , PAGE 4
MEETING DATE: 1/17/94
Provide flat foil on ceilings in non public areas, per
Public Works, to ensure that exposed insulation does not
disintegrate.
Add: $2,059
Add additional backflow preventer on main cold water
service, per Sweetwater Authority.
Add: $958
Revise concrete at main entrance to improve the
functionality of deliveries and to add additional
lighting.
Add: $3,490
Relocate conduits at main entry to conform to revised
furniture plan.
Add: $615
Delete framing for display case in Children's Room.
Credit: $348
Modify glass display case in bookstore:
Add: $474
Repair damage to floor tiles done by the HVAC Test and
Balance vendor. This work was done under separate
contract and the cost of this repair has been deducted
from the vendor's contract and is being credited to the
project's contingency.
Add: $2,827
Delav Claim and Retintinq Exterior Color
In August, during the approval process of the exterior
finish color, an error was made by the Architect and the
wrong exterior color was selected and delivered to the
site. As this situation needed to be immediately
rectified, the city Manager gave his approval to return
the product and have it retinted to the correct color.
City Council was informed of this in Change Order No. 8
~i
- ----_._.__..__._^..~--_..~.__._---~.~~._-_._-----~~---..---."--
ITEM Y, PAGE 5
MEETING DATE: 1/17/94
(and all subsequent change Orders), under the heading of
"Future Change Orders" (ATTACHMENT A)
The cost of reshipping the exterior wall product back to
Arizona ($14,765) and the 15.5 days of construction
delays incurred by the contractor ($16,934) now must be
paid. The contractor was in no way at fault. However,
the City feels that the architect made a substantial
error in approving the wrong color and continues to be in
negotiations with the firm to fund the costs related to
this item.
Add: $31,699
Approval of this change order does not waive any claims the City
may have against the architect for errors in design and design
implementation.
Previous Chanqe Orders
Previously approved Change Orders 1-9, for a wide variety of
elements have totalled $248,150.46 and include:
Change Order No. 1 was a reduction in the scope of work and reduced
the bid amount by $464,783. This Change Order did not impact the
contingency fund and is not included in the overall tally.
Change Order No lA, totalling $7,302.46 was for Builder's Risk
Course of Construction Insurance and removal of concrete footings.
Change Order No.2, totalling $4,910, was for additional conduit,
revised glu-Iams and two junction boxes.
Change Order No.3, totalling $22,182, was for landscaping and
irrigation installation. Funding for a portion of this change
order ($18,682) was provided by the Public Works Department.
Change Order No.4, totalling $9,588 was for a variety of elements.
Change Order No. 5 for city initiated, utility or code required,
HVAC coordination and force account work totaled $93,416.
Change Order No.6 totaled $17,195 and added an exterior fountain
in the entrance courtyard. The entire Change Order was funded by
the Friends of the Chula vista Public Library.
Change Order No.7 totaled $45,709 for lighting, sound insulation,
structural elements and other miscellaneous changes.
~"f
-,"_..- -- - --~._._--------_._---
ITEM L, PAGE 6
MEETING DATE: 1/17/94
Change Order No.8, totaled $10,556 for framing, lighting,
mechanical/electrical and other miscellaneous changes.
change Order No.9, for force account work, carpet, electrical and
other miscellaneous changes totaled $19,313.
Change Order No. 10, for electrical, plumbing and other
miscellaneous changes totalled $17,979.
Future Chanae Orders
with construction now almost 100% complete, the Project Manager
indicates there will be one final change order with a few minor
items still being corrected under the Time and Materials method.
The design architect Ricardo Legorreta will be visiting the site on
Saturday, January 14th and has indicated that he has a number of
minor design changes he would like to recommend to enhance the
aesthetics of the project. After review by the Project Team, all
recommended design changes (if any) will be brought to the Council
for their approval.
Schedule of Move-ins and Closures
with construction nearing completion, the following schedule of
move-ins and closures has been established:
February 13-16, 1995 Literacy Team moves out of 210
Landis Avenue (lease expires).
February 17, 1995 Literacy Team reopens to the public
at the new South Chula vista
Library. The public library portion
of the building, which can be closed
off from the Literacy/Meeting Room
wing of the building, will not yet
be open to the public.
February 4, 1995 Castle Park and Woodlawn Libraries
close to the public as previously
announced (Castle Park lease
expires) . Staff will provide some
interim library services from the
Literacy/Meeting Room wing of the
new library, such as children story
hours and limited access to some
books, until the whole building
opens in March.
fl'''''~
ITEM~, PAGE 7
MEETING DATE: 1/17/94
February 6, 1995 50 members of the National Civilian
Community Corps begin move of books
from Castle Park, Woodlawn and civic
Center Libraries.
March 4, 1995 New hires brought on board and
transfers implemented for pUblic
service staff. Training and
orientation begins.
Mid-March 1995 Public library portion of the
building will open to the public.
This "soft" or low-key opening will
occur immediately after all
necessary furnishings, shelving and
equipment are installed and staff
training and orientation complete.
Council will be informed as soon as
a date has been set for the soft
opening.
Early April, 1995 Formal dedication of the South Chula
vista Library. The State Librarian
has requested that the Governor
attend this dedication and staff is
currently attempting to coordinate
calendars.
FISCAL IMPACT:
The proposed Change Order No. 11 totals $71,502. Funding is
available in the South Chula vista Library project's contingency
fund. The Library Construction and Renovation Bond Act grant
reimburses 65% or $46,476. The city's share is 35% or $25,026.
The total aggregate of change order work funded with library
construction funds (#la through 11, inclusive) is $319,652.46 or
5.35% of the bid award. There has been a $35,877 increase in the
contingency fund due to monies coming from the Public Works
Department for public right-of-way improvements and from the
Friends of the Library for the exterior entrance fountain. In
addition, the $2,827 for repairs to the tile flooring due to damage
by the HVAC Testing company will be deducted from that vendor's
account and credited to the contingency.
The remaining balance of the library construction project
contingency fund will be $328,261.54 after the deduction of change
order No. 11, meaning that slightly less than half of the
construction project's contingency budget will have been used.
8'~ ì / g - ~
. _ _ _____+ . ___._._._.._"...__ _ _ _+______...___u____
RESOLUTION NO. 1'17K?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SOUTH CHULA VISTA
LIBRARY CHANGE ORDER NO. 11 WITH DOUGLAS E.
BARNHART, INC., FOR TIME AND MATERIAL WORK AND
FOR DELAY CLAIMS AND RETINTING OF EXTERIOR
COLOR
WHEREAS, on November 2, 1993, Council awarded the
construction contract for the South Chula vista Library to Douglas
E. Barnhart, Inc.; and
WHEREAS, construction of the South Chula vista Library is
being monitored jointly by the project management firms of
Starboard, Inc. and Project Solutions, Inc., as well as by the
city's Buildings Project Supervisor who have worked with the
California State Library to insure that the changes included in
Change Order No. 11 are necessary and advisable and that the City
achieves the greatest possible value; and
WHEREAS, since the Library Construction and Renovation
Bond Act grant provides for reimbursement for 65% of the building
project, including change orders, all change orders must also be
approved by the State Bond Act Manager; and
WHEREAS, Change Order No. 11, as approved by the State
Bond Act Manager, totals $71,502 and incorporates a number of
improvements and functional/operational revisions to the building
that is consistent with the norms of minor modifications made at
this advanced stage of construction.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve South Chula vista Library
Change Order No. 11 with Douglas E. Barnhart, Inc., in the amount
of $71,502 for time and material work and for delay claims and
retinting of exterior color.
Preoanted by ed;1;
David Palmer, Library Director Bruce M. , City
Attorney
C:\rs\library.c11
8"7/g-ID
--~---~_.~_._-~_._._.__."._""~ -- - - _.._..._----~--"---
STATE LIBRARY INITIATOR # 11
PROJECT NO. P86-032
CITY OF CHULA VISTA
CHANGE IN CONTRACT
CHANGE ORDER NO: 011 COUNCIL APPROVAL:
DATE: December 26, 1994 DATE:
JOB # LB-125
CONTRACT: South Chula Vista Library
CONTRACTOR: Douglas E. Barnhart Inc.
The following addition shall be made to INCREASE the contract
executed September 22, 1993 between the City of Chula Vista and
Douglas E. Barnhart Inc.
REMARKS AND DETAILS: Changes in plans and spec if i ca t ions at an
agreed upon price. Change order # 011 includes several proposals
which are all requested by either City staff or by the Architect to
enhance the remodel project at the South Chula Vista Library. An
itemized breakdown follows:
SEE ATTACHED DOCUMENTATION
CHANGE ORDER #011 SUM: $ 71,502.00
I I
, Î
I ORIGINAL CONTRACT AMOUNT $ 5,973,201.00 I
í I
! PREVIOUS CHANGE ORDERS TOTAL $ 248,150.46 i
,
PREVIOUS CONTRACT AMOUNT $ 6,221,351.46 ,
I
THIS CHANGE ORDER NO.009 $ 71,502.00 I
REVISED TOTAL CONTRACT $ 6,292,853.46
I I
It is agreed by the undersigned that all extra work shall be
performed and material furnished in accordance with the original
contract and in accordance with the statement, if any, attached
hereto.
APPROVED BY: APPROVED BY:
John D. Goss Douglas E. Barnhart
City Manager Owner
City Of Chula Vista Douglas E. Barnhart Inc.
ORDERED BY: GENERATED BY:
&1~
Dick Thompson Albert deBerardines
City Of Chula Vista Project Manager
Building Project Supervisor 8""11 Starboard Construction Inc.
----~._--_.__._-"_..,_._._..-..__.- ---"_.. ---,"- ----.- ---- -----'- _.. .....__.____.... _, __..__m._ ___...______________
SUMMARY OF CHANGE ORDER NO. 011
1. During the Value Engineering stage of the project,
stone base was deleted at rooms 102, 103, 104, 105,
142, 151, and 109 (round columns only) . A less
expensive base was not added in its place at the time.
The project team recommends adding rubber base at these
locations by Force Account.
ADD: $1,398.00
2 . To ensure an architecturally pleasing transition from
rubber base to stone, additional stone base recommended
in public spaces 157,158 and 114 by Force Account.
ADD: $523.00
3. To ensure all elements of the exterior are protected
from potential graffiti, it is recommended that the
concrete bollards and retaining wa 11 s receive an anti-
graffiti coating.
ADD: $1,670.00
4 . the toilet partition hinges as designed do not allow
for full opening width. Repair procedure includes
modifying hardware in the field by Force Account.
ADD: $585.00
5. Provide new lock cylinder on door #I 132.
ADD: $68.00
6 . Provide two 20 amp circuits to skylight downlights in
browsing by Force Account.
ADD: $870.00
7. To be consistent with the revised furniture plan, add
two power and two voice/data outlets in back wall of
technology user's desk by Force Account.
ADD: $378.00
8. Provide additional electrical rough-in (electrical and
communication receptacles) at children's control desk,
circulation by Force Account.
ADD: $458.00
8'" /,;;..
_~.~__.____~_~____~_.__._.._ .__......_ ^". ._,_..___.,__ "..·.-_.·0 - -- ------------ - ---------".----...------
9 . Shorten and relocate back wall of technology desk to
coordinate with furniture revision. To meet public
works requirements, it is recommended that a drywall
ceiling be provided in room #148.
ADD: $2,182.00
10. In review of the parking area section design provided
by the City's Geotechnical Engineer (2" asphalt
thickness), the project manager and City Engineering
and Public Works Department representatives feel a 2"
section of asphalt concrete is inadequate for a public
building with traffic volume expected for this
building. The team members recommend the thickness of
asphalt concrete increase to 2 1/2" and parking bays
and drives be provided with a sand and seal coat to
improve its life and durability.
ADD: $6,976.00
11. During trenching for palm trees on the south side of
the property, existing concrete rubble was encountered.
Remove and haul- off by Force Account.
ADD: $221.00
12. The design of the steel gate at the bookstore was
cumbersome and awkward. The library Director
recommends removing the steel gate and purchasing a
wood gate through the Furniture vendor.
ADD: $325.00
13 . Re-locate two (2 ) holddowns and modify wall length at
entrance to Room # III by Force Account.
ADD: $659.00
14. The original design did not include drainage for eight
(8 ) king palm trees on the North side of the building.
Propose adding a drainage system by Force Account.
ADD: $5,201. 00
15. the library has decided to relocate the children's
check-out station adjacent to the children's
circulation desk in the main hallway by Force Account.
ADD: $2,754.00
8"/.3
--------.--. "_H ._""'. -- -- -... ---- -"._~._--_.__. ..--...- - ..-...--..------.-
16. The original design did not call for drainage on the
East side of the large landscaped mound adjacent to the
apartment complex to ensure water will not pond on the
adjacent property. Recommend an earth swale be provided
at the East property line by Force Account.
ADD: $2,364.00
17. To add an architectural perspective to the fountain in
browsing, it was determined that the fountain would be
easier to maintain and add to its look with the
internal elements of the bubbler completed in stone.
(Force Account)
ADD: $1,076.00
18. The design of the gate closing off the fragrance court
did not consider security precautions related to panic
hardware installed on the interior due to code
requirements. Revise gate mounting method and jamb
install expanded metal over frame by Force Account.
ADD: $1,032.00
19. The children's area bathroom counters need additional
support. Add stainless steel legs by Force Account.
ADD: $988.00
20. T-Bar ceiling were deleted in rooms 106, 121, 133, 136,
146 and mezzanine during the Value Engineering stage of
the project. The Public Works department is concerned
about the potential for health problems related to open
fiberglass insulation. Recommend providing flat foil
at exposed walls and ceiling.
ADD: $2,059.00
2l. Sweetwater Authority requires an additional backflow
preventer be added on main cold water service.
ADD: $958.00
22. The following concrete work is required to accommodate
functional considerations at the building exterior.
(Force Account)
Concrete flatwork, ramp and retaining wall to
allow book truck access adjacent to main entry.
Revise concrete walk and sidewalk for pole light
and lighting installation at South signage wall.
ADD: $3490.00 '6~/'I
" ,~
23. Relocate conduits at main entry to conform to furniture
plan. (Force Account)
ADD: $615.00
24. Delete framing for display case at children's room.
CREDIT: <$348.00>
25. The glass case in the bookstore needs to be modified to
accommodate glass doors.
ADD: $474.00
26. The City's Test and Balance Vendor who was retained to
balance the H.V.A.C. system damaged numerous stone
floor tiles and the wall finish at certain locations.
The City will deduct the repair costs from the vendor's
contract.
ADD: $ 2,827.00
27. During the approval process of the exterior finish
color, an error was made by the Architect and the wrong
exterior color was selected. This caused the completed
exterior finish production material to be sent back to
the production facility for tinting and a shutdown the
project for 15.5 days. A sequence of events is
attached documenting each day of delay claim. The City
feels the Archi teet made a substantial error and is in
discussions with the Architect to fund the costs
related to this issue.
ADD: $ 31,699.00
8"''' 15'
- -~-.--.-._._..__._,---_.._,--_._--_._---~._._--- --~...- -----.--------- -,.-,-..-,.-...-. - ---_.~.._._----
ATTACHMENT A
ITEM , PAGE 4
MEETING DATE 8/23/94
<r
, Change Order No. 3 , totalling $22,182, for landscaping and
was
irrigation installation. Funding for a portion of this change
order ($18,682) was provided by the Public Works Department.
Change Order No. 4, totally $9,588, was for a variety of elements.
Change Order No. 5 for City initiated, utility or code required,
HVAC coordination and force account work totaled $93,416.
Change Order No. 6 totaled $17,195 and added an exterior fountain
in the entrance courtyard. The entire Change Order was funded by
the Friends of the Chula vista Public Library.
.
Change Order No.7 totaled $45,709 for lighting, sound insulation,
structura~ elements and other miscellaneous changes.
Future Chanqe Orders
The Project Manager continues to estimate that no more than fifty
percent of the contingency budget will ever be needed for this
project. Future change orders are anticipated to accommodate
City/library initiated requests to increase lighting in the
entrance courtyard for security/safety purposes and to increase the
number of power outlets along one wall in the Co~puter Lab.
Additionally, the wrong colored exterior wall product was delivered
to the site which needed to be immediately rectified. With the
City Manager's approval, the product was returned and retinted.
The City is currently in negotiations over this item.
FISCAL IMPACT:
The proposed Change Order No. 8 totals $10,556. Funding is
available in the South Chula vista Library project's contingency
fund. The Library Construction and Renovation Bond Act grant
reimburses 65% or $6,861. The City's share is 35% or $3,695.
The total aggregate of change order work funded with library
construction funds (#la through 8, inclusive) is $210,858.46 or
3.5% of the bid award. There has been a $35,877 increase in the
contingency fund due to monies coming from the Public Works
Department for public right-of-way improvements and from the
Friends of the Library for the exterior entrance fountain.
The remaining balance of the library's contingency fund will be
$434,228.54 after the deduction of Change Order No. 7.
gI'~ If
,
-- -_.__._._----~.,'-_._.._-~---
. - , ""
JULY 1,1994 Contractor, In collaboration with STO, match !lamples,
provldød by archltøct for all four øxterior building colors
møøt/ng contractural røqulrements 01 submittal review.
Contraclor advi8ea project manager thaI a døcìllon
nesds to be made by momlng 01 July 5 to allow
Contractor to place STO order.
JUL Y 5. 1994 Project Managar advl.e. Contractor that Ricardo
Legorretta will arrlva at Ihe job site on July 8 to
" ~ spprove the exterior building colors. Contractor
.
claims a daJey starting from July 5 due to failure
of arch/toct to approve exactly matchød samples.
The contractor was advised to prepere another
sample with mora of an earth tona tint.
JULY 8. 1994 Ricardo Lagorreta inspects Ihe main axtørior color
sample with the earth tone tint and advises that
thi8 color Is not what ha had In mind. Ricardo
- advi8es that the ocher scratch coat color should
be used as a base but made a little brighter as
the color will become darker when the rough
texture is provided. The project manager
in.tructed the arçhitect to resolve the issue and
racommanded a trip to the STO facility on Monday
July 11. The architect arranged for STO to prepare
three ildditional sampla. for review.
JUL Y 12, 1994 The three additional sample, providad by STO
were placed on the building and rajectad by tha
architect, Again, the Project manager recommended .
a trip to the STO facility In Tempe to finalize the .
coler,
.
JULY 13, 1994 Sean Towne of LPA travels to the STO facility in
Tempe. A colcr is selected by the architect. The
project maneger Is advised of this seiectlon by phone
al 3:50 pm. The project manager Instructs the contractor
cy phene to order the STO product ill selacted by the
architect. the deley claim end, on July 13,
August 1, 1994 The complete STO exterior order Is delivered to the Jobsite.
August 2. 1994 A Sample of the color is applied to the bUilding. Ricardo
errives to apprcve the coicr at 11 am and advises that
the color Is not correct. The contractor requests a
delay claim.
August 3, 1994 Alberto Vlvar 01 Lagorreta' 8 office and dick Thompson
of the city travel to the STO facility In Tempe,
August 4, 19.4 Mr, Vivar and Mr, Thompscn approve a final colcr.
A decision has been made to send all the product
back to the STQ fac:Uty for re-tlntlng. ~
August 12.1994 At 10:30 am, the complete order cI the ochar
product arrives back from the Sto facility. A
sample is applied to the building and approved
by the architect.
Dalay days claimed: 7/5, 716, 717, 7/8, 7/11. 7/12. 7/13
Delay days claimed: 812(112 day). 813, 8/4, 8/S, 8/8, 8/9, 8110, 8/11. 8/12 ;
Total 15,5 days claimed With full general conditions
~- II \
----..--.---...-...- --_._._-~._- - ------~-------,-_.__."--
CITY COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 1/17/95
ITEM TITLE: Report on the "Notice of Availability of Draft Loss Permit" and "Draft
Loss Permit" (CS-95-04) for lhe ConsIruction of a Kingdom Hall for lhe
Chula Vista Congregation of Jehovah's Witnesses at lhe Northeastern
Comer of East "H" Street and Terra Nova Drive
SUBMITTED BY: DUoc"" of P"M"'" ~
REVIEWED BY: City ManagerJC1 ~ ,..-:::'
(4/5ths Vote: Yes _ No..x.)
Council Referral No.
BACKGROUND: Lasl year lhe Federal Department of lhe Interior adopted a SpeciaI4(d) rule
regulating lhe habitat "loss" of lhe California Gnatcatcher. The Special Rule links protection
of the bird to the California Natural Communities Conservation Planning (NCCP) process. Prior
to lhe preparation of an overall NCCP plan, lhe process allows lhe "loss" of up to 5% of Coastal
Sage Scrub (CSS), which is the habilat for lhe Gnalcatcher.
In August of lhis year, lhe City Council adopted an amendmenl to lhe Municipal Code which
implements lhe Federal Special 4(D) rule al a 10caJ Jevel. An applicalion for a CSS loss permil
was filed and granted for SPA III of Rancho del Rey. The second proposed permit came before
lhe Council a monlh later in conjunclion wilh lhe approval of Bonita Country Hills Estates. In
December of 1994, lhe Council received a report for improvements to Wueste Road, in
conjunclion wilh lhe development of lhe Olympic Training Center. This permil for lhe loss of
.77 acres of disturbed Diegan Coastal Sage Scrub as a resull of construction of lhe Jehovah's
Witness Kingdom Hall is lhe fourth such permit before lhe Council.
RECOMMENDATION: That lhe Council accept lhe loss permit as drafted.
BOARDS/COMMISSIONS RECOMMENDATION: This is scheduled for review by lhe
Resource Conservalion Commission on January 23, 1995. It should be noted lhat RCC review
is not required by ordinance on lhis matter.
DISCUSSION:
Background
In March, 1993 lhe Federal Department of lhe Interior listed lhe California Gnatcatcher as a
threatened species, and adopted a special rule under Seclion 4(d) of lhe Endangered Species Act
which establishes specific regulalions regarding lhe taking of Coastal Sage Scrub (CSS) lhe
habitat of lhe Gnatcatcher. This Special Rule allows local jurisdiclions to grant CSS "loss"
permits if certain [mdings can be made. The 4(d) Rule is intended to provide an alternative for
applicants who choose not to go through lhe U.S. Fish and Wildlife Service (USFWS) for a
Seclion lO(a) permit, which is a more complex and lenglhy process.
9-/
_._._-_._-_.,.~-_..._...._-_.. -' '-.--. -,---~ -.- --.-......."-.,,..^'...--.. --"'-'--'~'--'-- ...u_.'_________.._._
Page 2, Item ~
Meeting Date 1/17 95
In August, 1994 the City of Chula Vista adopted an amendmenll0 the Municipal Code to creale
a voluntary loss pennit process sanctioned under Section 4( d) of the Endangered Species Act.
The ordinance provides allernative procedures for oblaining authorization to take CSS. The
proposed City loss pennit is nonnally processed in conjunction with the projecl environmental
review, with the Initial Study or the EIR. Integration of the loss pennit process with the City's
environmental review process ensures both a thorough evaluation of the biological resources
issues and appropriale mitigation requirements, and allows adequate opportunity for input from
the public, resource agencies, and other affected agencies.
The ordinance has a provision for granting a loss pennit to previously approved ("pipeline")
projects that have already been through the Cily' s environmental review process. In those cases
only, the Resource Agencies are consulted and there is not additional public review. Section
17.30.053 of the CSS Loss Pennit ordinance states in part:
The Notice of Availability of the Draft Loss Pennit and Findings shall also be
placed on the City Council agenda, as a consent agenda item unless the City
Manager direcls otherwise, for the soonest regular Council meeting scheduled to
occur after the beginning of the Review Period as the agenda preparation schedule
, may pennit. The Council shall have the right to express concerns and give
directions to the Director regarding the decision to grant the Pennit, or to add,
delete or modify the tenns and conditions thereof. Concerns and directions issued
by the Council shall be forwarded 10 SANDAG and the Resource Agencies as
soon as possible.
This Draft Loss Pennit was released for public review on December 2, 1994, and therefore this
is the appropriate agenda for Council to consider the Loss Pennit.
Prooosed Proiect
The Chula Vista Congregation of Jehovah's Witnesses' proposed Kingdom Hall on the
northeastern comer of Easl H Street and Terra Nova Drive in the City of Chula Vista will
require the construction on lands supporting coastal sage scrub. Impacls will accrue to 0.74
acres of disturbed sage scrub now regrowing on a previously graded pad site (i. e., graded for
a prior abandoned project). In addition, 0.03 acre of restored sage scrub habitat, associated with
a previous project, will be impacted.
Mitigation has been proposed as an onsite habitat restoration and enhancement program (Figure
2). It should be noted, however, that the City is pursuing, in conjunction with the USFWS,
CDFG and the County of San Diego 10 establish an offsite mitigation proposal to replace the
proposed onsite program, provided that the offsite mitigation provides equal or better protection
to the species. The goal of the onsite mitigation program is to provide coastal sage scrub habitat
suitable for occupation and use by the California gnatcatcher. It has been proposed that this goal
be accomplished by revegetating 1.12 acres of land found in Planting Area 1 (Figure 2). In
9,:;.
--.-.....- .....---..- .......-.---....--.....----.-.---.. ~.__. -_.._---,--,.~ - _.._---_.,.,._-,-"-~..~------- ._----
Page 3, Item t?
Meeting Date 1/17/95
addition, 0.22 acre of sage scrub will be enhanced in Planting Area 2, an area of previously
reseeded slopes which lacks plant diversity. By providing Diegan coastal sage scrub acreage
adjacent to existing California gnatcatcher lerritories, the likelihood is substantially increased
thatthis species will utilize the mitigation habitat/vegelation once it is established. A five year
monitoring program is proposed with specific yearly goal criteria for establishment of the sage
scrub. The sage scrub would be mitigaled on-site with the planting of container stock and the
use of a native hydroseed mix.
While the proposed on-site restoration measures are considered to be the primary mitigation
focus, an alternative mitigation approach has been evaluated and discussed with both the USFWS
and CDFG. This alternative would be to preserve off-site habitat totalling not less than a 2: 1
ratio of preserved habitat to impacted habitat to be proposed by the Cily of Chula Vista at Íls
sole discretion and to be rejected or approved at the discretion of the USFWS and CDFG. If
an off-sÍle mitigation area is accepted and appropriate preservation executed, there would be no
obligation to conduct or complete on-sÍle mitigation measures
Draft Findings
In order to approve a Loss PermÍl, the Direclor of Planning is required 10 make certain
specified findings. The required findings and responses are listed below:
1. The habitat loss, as proposedfor issuance under the 4 (d) Loss Permit, is consistent with
the "interim loss criteria" in the November, 1993 State Natural Community Conservation
Program (NCCP) Conservation Guidelines (as specified in items "a" through "d" below); and
if a subregional interim take process is established in a form proved by the City of Chula Vista
at the time of the issuance of the loss permit, as modified if necessary, consistent with such
approved subregional interim loss process.
a) The habitat loss -- under the Loss Permit -- will not exceed, when considered
cumulatively with all other loss of CSS occurring since March 21, 1993, 5% by acreage of the
then existing CSS within the region.
The regional CSS loss acreages are as follows:!
San Diego Region initial allowabJe CSS loss 11,371.9 acres
Cumulative CSS loss since March 21,1993 58.3 acres
Remaining allowable CSS loss 11,313.6 acres
Loss allowed by this permit 0.77 acres
Excluded acreage 2 256.0 acres
Remaining allowable regional CSS loss 11 ,057.4 acres
! These CSS loss acreages will be reconfinned with SANDAG prior to the fmalization of the loss permit.
2 The 256 acres were excluded from the total loss by Dale Hall, Assistant Regional Director of U.S. Fish and
Wildlife in a letter of October 24,1994. Subsequently, USFWS staff has told City staff that a portion of the loss
would not be excluded; however, this has not been confirmed in writing.
9--3
-~~_._,_._~----_._...- .~.-.- -- _.~--_. -~--.-._.,--..-.-.._._.,..-,.-.- -------- --- -_._-_._-,------,_._----_._---_._-~--
Page 4, Item l'
Meeting Date 1/17/95
The NCCP Conservation Guidelines have indicated that a 5% loss of CSS is acceptable
during the preparation of a NCCP or its equivalent (i.e. MSCP plan). The proposed
habitalloss does not cumulatively exceed the 5% guidelines. The loss of .77 acre ofCSS
combined with current losses of sage scrub within the San Diego region does not exceed
5 % of the existing sage scrub habitat.
b) The habitat loss, under the Loss Permit as proposed by the Director of issuance, will not
preclude connectivity between areas of high habitat values.
The habitat loss, under the Loss Permit as proposed by the Director for issuance is not
located within a biological core area, and is further located at the periphery of existing
dense development. The project would not sever any existing or potential future habitat
linkages adequate to support connectivity of core reserve areas. In addition, the site does
not lie between any identified core reserve areas. The proposed projecl design would
allow for continuity of on-site remaining habitat with the off-site open space on the slopes
of Rice Canyon. For these reasons, the proposed work is not expected to significantly
affecl local habitat connectivilY,
c) The habitat loss will not preclude or prevent the preparation of the subregional NCCP.
The area in question is shown as "disturbed" on the MSCP Clean Water Program maps.
The site borders habitat off-site to the north and east labeled "very high quality" sage
scrub. The habital loss will not preclude or prevent the preparation of the subregional
NCCP.
d) The habitat loss, under the Loss Permit, as proposed by the Director for issuance, has
been minimized and mitigated in accordance with Section 4.3 ("Interim Mitigation ") of the
"Southern California Coastal Sage Scrub Natural Communities Conservation Planning Process
Guidelines, "dated II/5/93, and thereafter, to the maximum extent practicable.
The goal of the mitigation program is to provide coastal sage scrub habitat suitable for
California gnatcatcher use in a manner similar to that currently occurring on the pad site.
This usage is principally as a late season foraging and family group/juvenile dispersal
area. Mitigation acreage has been located adjacent to the proposed impacts, providing
compensating Diegan coastal sage scrub creation acreage adjacent to existing California
gnatcatcher lerritories. Alternative mitigation would contribute 10 the acquisition and
preservation of core reserve habitats.
The City of Chula Vista proposes that the mitigation for the Congregation of Jehovah
WiInesses impacts utilize the planl paletle shown on Figure 2 of the Pacific Southwest
Biological Services revegetation plan for the sile.
The City further proposes the moniloring program and success criteria include the
following:
9-'1
------------._._-~--- ___"_H___ ..--....----..---- "'-"-~'- .__.~-_..- - -.-......--". ~..u'.m .__.'.. _ ___,,_______
Page 5, Item L
Meeting Date 1/17/95
1. Following completion of the 90 day contractor maintenance period, the restored
areas of Planting Area 1 and Planling Area 2 shall be monitored and mainlained by a
qualified biologist for a period of 5-years following completion of planting. Work shall
be under the direction and supervision of the City of Chula Vista.
2. At least monthly inspections will be made of the planting area to detennine
maintenance needs and to adjust watering schedules.
3. Annual reports shall be prepared by the monitoring biologist and shall be submilted
within 30 days of completion of fieJd work to the City of Chula Visla, the U.S. Fish and
Wildlife Service, and the California Department of Fish and Game. Reports shall
quantitatively assess the Slatus of the planting areas, describe any maintenance which is
deemed necessary to achieve resloration goals.
4. Restoration goals are defined as follows:
Year 1 10% Cover of Target Species
Year 2 20% Cover of Target Species
Year 3 30% Cover of Target Species 0.5m Mean Shrub Height
Year 4 50% Cover of Target Species 0.5m Mean Shrub Height
Year 5 50% Cover of Target Species 1.0m Mean Shrub Heighl
5. Monitoring assessments are 10 be conducted in the spring and shall report on both
floristic characteristics and the use of the area by wildlife species with specific
consideration of the California gnatcatcher and other NCCP umbrella species.
6. Should portions of the site fail 10 meet restoration goals, any necessary remedial
actions and a schedule for implementation shall be provided as a part of the annual
monitoring report.
An allernative off-site mitigation program would require acceplable long-term management and
protection be developed for any off-sile acquisition or thai the acquisition be made from within
available lands in habitat banks with existing acceplable management agreements. The
acceplance of an off-site mitigation area and management program in lieu of the on-site
restoration would be coordinated with the USFWS and CDFG, however, the City of Chula ViSla
is under no obligation to selecl an off-site option over the currently proposed on-site program.
2. The habitat loss will not appreciably reduce the likelihood of the survival and recovery of
the Coastal California Gnatcatcher (Polioptila californica californica).
The proposed project is minor in size, occurs in an area designated as disturbed habitats,
and is peripheral to existing developmen1. Further the area is not located within or
adjacent to an identified core area for the long-term protection of the gnatcatcher. As a
result, the proposed habilat loss would not appreciably reduce the survival or recovery of
the gnalcalcher.
9~>
._. _ .__ m' __..m._·_.·_~_,_·_____·_·__·____·____ _______,_~__~____.._...._~_.__._._._ -..----.--.-.--..
Page 6, Item '1
Meeting Date 1/17/95
3. The habitat loss is incidental to otherwise lawful activities.
The project conforms to the acceptable standards of developmenl within the City of Chula
Vista. The work is subject to California Environmenlal Qualily Acl review and City
Council review and approval. The proposed work will meet all local, slate, and federal
requirements.
4. Proposed mitigation is consistent with NCCP process guideline requirements.
The NCCP Process Guidelines idenlify several options for mitigating impacts to CSS.
These oplions include acquisilion of habilal, dedication of land, management agreements,
and restoration. Either the proposed restoralion and preservalion of on-site lands or the
alternative proposal to mitigate through preservalion and management of off-site habitats
would be consistenl with the NCCP Process Guidelines given the qualily of the habitat to
be taken.
Conclusion
Staff has determined that the habitat loss, as proposed for issuance under the 4(d) Loss Permil,
is consislenl with the "interim loss criteria" in the November, 1993 State Natural Community
Conservation Program (NCCP) Conservation Guidelines, and all other requiremenls ofthe City's
Interim Loss Ordinance. It should be noted that there is still an unresolved issue with the
Resource Agencies and the County of San Diego regarding the allocalion of allowable interim
lake to jurisdiclions within the San Diego region, as discussed in previous Council Agenda
Statements on this matter. Cily staff is continuing to work with these agencies to resolve this
issue.
FISCAL IMPACT: Staff time required to process this permit is estimated to be between
$1,000 and $2,000 which will be paid from the Palomar Trolley Cenler redevelopment account
since the church was relocated to accommodate the Palomar Trolley Center and the permil is
being pulled to facilitate the lease/transfer of the property from the City of Chula Vista to the
church.
Attachments:
1. Draft 4(d) Permit for the Jehovah's Witness Church
2. Figure 1 - Project Location
3. Figure 2 - Habital Restoralion and Enhancement Program
4. Oclober 24, 1994 Letter from Dale Hall, U.S. Fish and Wildlife Service
9-(,
--"---.-.--.-.---.----- ---_._---_._---~--------_...._--_.- --~._-_.._.._- . ----..-...-.-."-
ATTACHMENT 1
NOTICE OF PROPOSAL TO ISSUE A 4(d) COASTAL SAGE SCRUB (CSS) LOSS PERMIT IN
ACCORDANCE WITH THE ENDANGERED SPECIES ACT FOR THE CONSTR\JCTION OF A
KINGDOM HALL FOR THE CHULA VISTA CONGREGATION OF JEHOVAH'S WITNESSES
AT THE NORTHEASTERN CORNER OF EAST H STREET AND TERRA NOVA DRIVE
CASE NÐ: 95-05
NOTICE IS HEREBY GIVEN OF THE CITY OF CHULA VISTA'S INTENT TO
ISSUE A 4(d) COASTAL SAGE SCRUB LOSS PERMIT IN ACCORDANCE
WITH THE ENDANGERED SPECIES ACT. NOTICE IS FURTHER GIVEN OF
THE AVAILABILITY OF THE DRAFT FINDINGS SUPPORTING ISSUANCE OF
THE PERMIT IN ACCORDANCE WITH SECTION 17.30.053 (D) OF THE CITY
OF CHULA VISTA MUNICIPAL CODE.
Introduction
The Chula Vista Congregation of Jehovah's Witnesses' proposed Kingdom Hall on the
northeastern corner of East H Street and Terra Nova Drive in the City of Chula Vista will
require the construction on lands supporting coastal sage scrub. Impacts will accrue to
0.74 acres of disturbed sage scrub now regrowing on a previously graded pad site (i.e.,
graded for a prior abandoned project). In addition, 0.03 acre of restored sage scrub
habitat, associated with a previous project, will be impacted.
Existing Conditions and Proposed Impacts
Figure 1 shows the location of the Jehovah's Witnesses' site, while Figure 2 indicates the
existing conditions including a percentage breakdown of principa~ vegetative components
within identified vegetation polygons. Biologists from Pacific Southwest Biological
Services conducted field surveys with vegetation transects to establish percent cover. In
addition,an eight visit survey in accordance with U.S. Fish and Wildlife protocol to
establish territory use was conducted for California gnatcatchers. At present a mix of
disturbed Diegan sage scrub and weedy non-native vegetation (i.e., short-pod mustard,
planted acacia, and herbaceous non-natives) is present in the area proposed for the
Jehovah's Witness facility.
Directly impacted would be 0.77 acre of disturbed or restored Diegan coastal sage scrub
and 1.94 acre of other disturbed lands.
Proposed Mitigation
Mitigation has been proposed as an on site habitat restoration, and enhancement program
(Figure 2). It should be noted, however, that the City is pursuing, in conjunction with the
USFWS, CDFG and the County of San Diego to establish an offsite mitigation proposal to
replace the proposed onsite program, provided that the offsite mitigation provides equal or
better protection to the species. The goal of the onsite mitigation program is to provide
coastal sage scrub habitat suitable for occupation .and use by the California gnatcatcher. It
has been proposed that this goal be accomplished by revegetating 1.1;2 acres of land
found in Planting Area 1 (Figure 2). In addition, 0.22 acre of sage scrub will be enhanced
in Planting Area 2, an area of previously reseeded slopes which lacks plant diversity. By
providing Diegan coastal sage scrub acreage adjacent to existing California gnatcatcher
territories, the likelihood is substantially increased that this species will utilize the
Page 1 9-7
. -....~" ----. - -_._----- ----- ~.._----_.- -,-------_._---"-----"
mitigation habitatlvegetation once it is established. A five year monitoring program is
proposed with specific yearly goal criteria for establishment of the sage scrub. The sage
scrub would be mitigated on-site with the planting of container stock and the use of a
native hydroseed mix. The seed mix includes Artemisia californica, Baccharis sarothroides,
Encelia californica, Eriogonum fasciculatum, Isocoma menziesii, Malacothamnus
fasciculatus, Salvia apiana, and Viguiera laciniata. Container stock includes Malosma
laurina, Opuntia prolifera, Rhus integrifolia, and Simmondsia chinensis.
While the proposed on-site restoration measures are considered to be the primary
mitigation focus, an alternative mitigation approach has been evaluated and discussed with
both the USFWS and CDFG. This alternative would be to preserve off-site habitat totalling
not less than a 2: 1 ratio of preserved habitat to impacted habitat to be proposed by the
City of Chula Vista at its sole discretion and to be rejected or approved at the discretion of
the USFWS and CDFG. If an off-site mitigation area is accepted and appropriate
preservation executed, there would be no obligation to conduct or complete on-site
mitigation measures
FINDINGS PER SECTION 17.30.054 (D) OF THE CITY OF CHULA VISTA MUNICIPAL
CODE
Findings:
In order to approve a Loss Permit, the Director of Planning is required to make certain
specified findings. The required findings and responses are listed below:
1. The habitat loss, as proposed for issuance under the 4 (d) Loss Permit, is consistent
with the "interim loss criteria" in the November, 1993 State Natural Community
Conservation Program (NCCP) Conservation Guidelines (as specified in items "a" through
Md" below); and if a subregional interim take process is established in a form proved by the
City of Chula Vista at the time of the issuance of the loss permit, as modified if necessary,
consistent with such approved subregional interim loss process.
a) The habitat loss - under the Loss Permit - will not exceed, when considered
cumulatively with all other loss of CSS occurring since March 21, 1993,5% by acreage
of the then existing CSS within the region.
The regional CSS loss acreages are as follows:'
San Diego Region initial allowable CSS loss 11,371.9 acres
Cumulative CSS loss since March 21,1993 58.3 acres
Remaining allowable CSS loss 11,313.6 acres
Loss allowed by this permit 0.77 acres
Excluded acreage2 256.0 acres
Remaining allowable regional CSS loss 11,057.4 acres
1 These CSS loss acreages will be reconfinned with SANDAG prior to the ftnalization of the loss permit.
2 The 256 acres were excluded from the total loss by Dale Hall, Assistant Regional Director of U.S.
Fish and Wildlife in a letter of October 24,1994.
Page 2 9-r
-,,"_. .."-,.__._----_.._._-~--~~~-_._-
The NCCP Conservation Guidelines have indicated that a 5% loss of CSS is
acceptable during the preparation of a NCCP or its equivalent (i.e. MSCP plan). The
proposed habitat loss does not cumulatively exceed the 5 % guidelines. The loss of
.77 acre of CSS combined with current losses of sage scrub within the San Diego
region does not exceed 5 % of the existing sage scrub habitat.
b) The habitat loss, under the Loss Permit as proposed by the Director of issuance, wHl
not preclude connectivity between areas of high habitat values.
The habitat loss, under the Loss Permit as proposed by the Director for issuance is
not located within a biological core area, and is further located at the periphery of
existing dense development. The project would not sever any existing or potential
future habitat linkages adequate to support connectivity of core reserve areas. In
addition, the site does not lie between any identified core reserve areas. The
proposed project design would allow for continuity of on-site remaining habitat with
the off-site open space on the slopes of Rice Canyon. For these reasons, the
proposed work is not expected to significantly affect local habitat connectivity.
c) The habitat loss will not preclude or prevent the preparation of the subregional
NCCP.
The area in question is shown as "disturbed" on the MSCP Clean Water Program
maps. The site borders habitat off-site to the north and east labeled "very high
quality" sage scrub. The habitat loss will not preclude or prevent the preparation of
the subregional NCCP.
d) The habitat loss, under the Loss Permit, as proposed by the Director for issuance,
has been minimized and mitigated in accordance with Section 4.3 ("Interim Mitigation") of
the "Southern California Coastal Sage Scrub Natural Communities Conservation Planning
Process Guidelines, "dated 11/5/93, and thereafter, to the maximum extent practicable.
The goal of the mitigation program is to provide coastal sage scrub habitat suitable
for California gnatcatcher use in a manner similar to that currently occurring on the
pad site. . This usage is principally as a late season foraging and family groupljuvenile
dispersal area. Mitigation acreage has been located adjacent to the proposed
impacts, providing compensating Diegan coastal sage scrub creation acreage
adjacent to existing California gnatcatcher territories. Alternative mitigation would
contribute to the acquisition and preservation of core reserve habitats.
The City of Chula Vista proposes that the mitigation for the Congregation of
Jehovah Witnesses impacts utilize the plant palette shown on Figure 2 of the
Pacific Southwest Biological Services revegetation plan for the site.
The City further proposes the monitoring program and success criteria include the
following:
1. Following completion of the 90 day contractor maintenance period, the
restored areas of Planting Area 1 and Planting Area 2 shall be monitored and
maintained by a qualified biologist for a period of 5-years following completion of
planting. Work shall be under the direction and supervision of the City of Chula
Vista.
Page 3 9-7
--------- . ....-., '-'-'~'------"""~-'-'-""--'~-'
2. At least monthly inspections will be made of the planting area to determine
maintenance needs and to adjust watering schedules.
3. Annual reports shall be prepared by the monitoring biologist and shall be
submitted within 30 days of completion of field work to the City of Chula Vista, the
U.S. Fish and Wildlife Service, and the California Department of Fish and Game.
Reports shall quantitatively assess the status of the planting areas, describe any
maintenance which is deemed necessary to achieve restoration goals.
4. Restoration goals are defined as follows:
Year 1 10% Cover of Target Species
Year 2 20% Cover of Target Species
Year 3 30% Cover of Target Species 0.5m Mean Shrub Height
Year 4 50% Cover of Target Species 0.5m Mean Shrub Height
Year 5 50% Cover of Target Species 100m Mean Shrub Height
5. Monitoring assessments are to be conducted in the spring and shall report on
both floristic characteristics and the use of the area by wildlife species with specific
consideration of the California gnatcatcher and other NCCP umbrella species.
6. Should portions of the site fail to meet restoration goals, any necessary
remedial actions and a schedule for implementation shall be provided as a part of the
annual monitoring report.
An alternative off-site mitigation program would require acceptable long-term management
and protection be developed for any off-site acquisition or that the acquisition be made
from within available lands in habitat banks with existing acceptable management
agreements. The acceptance of an off-site mitigation area and management program in
lieu of the on-site restoration would be exclusively at the discretion of the USFWS and
CDFG, however, the City of Chula Vista is under no obligation to select an off-site option
over the currently proposed on-site program.
2. The habitat loss will not appreciably reduce the likelihood of the survival and
recovery of the Coastal California Gnatcatcher (Polioptila californica ca/ifornicaJ.
The proposed project is minor in size, would occur in an area designated as
disturbed habitats, and is peripheral to existing development. Further the area is not
located within or adjacent to an identified core area for the long-term protection of
the gnatcatcher. As a result, the proposed habitat loss would not appreciably
reduce the survival or recovery of any listed species, including the gnatcatcher.
3. The habitat loss is incidental to otherwise lawful activities.
The project conforms to the acceptable standards of development within the City of
Chula Vista. The work is subject to California Environmental Quality Act review and
City Council review and approval. The proposed work will meet all local, state, and
federal requirements.
4. Proposed mitigation is consistent with NCCP process guideline requirements.
The NCCP Process Guidelines identify several options for mitigating impacts to CSS.
These options include acquisition of habitat, dedication of land, management
Page 4 9'"/tJ
. -~_.__._._---_."------_._.._---_._,-_.'-" .'.... - --_.-- --- -...-.---
agreements, and restoration. Either the proposed restoration and preservation of on-
site lands or the alternative proposal to mitigate through preservation and
management of off-site habitats would be consistent with the NCCP Process
Guidelines.
In accordance with the provisions of Section 17.30.054(F) of the City of Chula Vista
Municipal Code, USFWS in consultation with the CDFG, are requested to review the Draft
4(d) Loss Permit Findings for consistency with the NCCP Conservation Guidelines and
submit comments to the City of Chula Vista Director of Planning within thirty (30) days of
the date of this notice.
Further, in accordance with Section 17.30.054(F) of the City of Chula Vista Municipal
Code, the San Diego Association of Governments (SANDAG) is requested to verify that
the proposed 4(d) Loss Permit does not exceed the maximum permitted habitat loss for the
subregion and notify the Director of Planning for the City of Chula Vista, within fifteen
(15) days of the date of the notice of that verification. .
Comments and/or regarding the Draft 4(d) Loss Permit for the Jehovah's Witness Kingdom
Hall should be directed to Douglas D. Reid, Environmental Review Coordinator at (619)
691-5101 or to the Planning Department City of Chula Vista, P.O. Box 1087, Chula Vista,
CA 91912.
i?LI d (X-
Robert A. Leiter
Director of Planning
cc: City of Chula Vista Mayor and Council members
U.S. Fish & Wildlife Service
California Department of Fish & Game
SANDAG
San Diego County Department of Planning and Land Use
Page 5 9-//
--- ~_.__.. ._.._....,_._----~ ""- ._----_.__.._,~,-_._..._---~.- .__._~~--------
ATTACHMENT 2
M&A# 94-004-0'
f (+~ Project Vicinity Map 9-/~ FIGURE
Base: USGS 7,5' National City, CA Quadrangle 1
.. ,- '" ~ 2,000'
Merkel & Associates. Inc.
"-"~-- -- --------.---------.-.. ------.- --..... ----------.---^..-.----. -----------.------
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. ATTACHMENT 4
United States Department of the Interior
FISH AND Wllm.1FE. SER"1CE
!l1 '1"':1=. II m AVI.'IIWC
rort1¡o:,d, O~:'I ?7:32-4151 ¿AX N011FICATlON
IN 11"1 ,Y 1Io\tAA, TO. Oceober 2~, 1994
Dá~ -noUfIed.
Mr. lobare A. Leit~r fq,;ll_ 11me , /) t.¡ Ij
D1receor of P1annin¡ Mer &pm [ ) Ocher:
276 Fourth Avenue ::-. cIw."" ''C!''- ~- ._ ','
1:1ty IIf Chu1a Vista ·"'Iit,",,,., ' , I
r·-tJc.1
Chuh Vhta, California 91910 --.,
. '...
Dear Mr. LeiteT.:
Thh len...r i~ tll clarify the position of 'the Fish and Wl.1c1l1fe Servicc
(Service) on thfl ¡¡/lncho d~l Rey project as 1e perea ins to cUIOI'11ance with the
NCCP an6 the Service's Seceion 4(11) Rule. I hava ð1ScU$sed thlM waeter with
MS. Carol Whiteside of Governor Wilson's office and Mr. Ron Rimpl~ uf the
e/ll i fornia Depart:lllenr of Fj,Rh and Game (CDFG). I have' also reviawed Lh~ ir
letter to the County of San Diego IIn this pruject dated Oceober 16, 1994.
In ie's letter, CD~'C: found thae R.ancho del Rey cllmpl1~d wiLh both the
biological and procedural ~id~lines established in the NGGP and th~ 4(d) rule
for planning on n larger, Rub.regiona1 basis rarher th$n the project by
project approach used prior to p/lesag~ of ehe law and fedflT./I' rule, A. Ii
result nf the St~ec's clarif1n/ltion that it viewed Rancho del Ray as ml
excepeion to the juri~dict1onal allocation question, find my diRcussions wi~h
M~. Whiteside, ple~sc co~1der the ~ervice's commencs of S~ptembeT ?2
rescinded and that: the Service concurs in the finding of the State t.h/lt Ranchu
dcl Rey is in cnmp1iance with bot:h the bioln~ícal and procedurel aspects of
the NCCP nnd the 4(d) Rule. W~ continue t:o support the Stat~ in its
.dw1niseration of ehe NCCP Ace based on larger, sub·T.A~inna1 scopes to bett~r
addr~s. ~hø ecosystem needs of the myriad of specie~ an~ h~bitats contained in
these planning areas.
I hope eh1s clarifies uur posicion and look forward to coneinucd coop~rae1nn
by all concerned to put plans in place for the long term development of tbe
City of Chu1a Vista. S"1\ Diego County, and the Stat~ of California while
providing quality natural re~ource Arens and healthy ~co.y.tems.
. 2ikß
. Dale lIall
A£s1seant 1e,iona1 Direccor-ES
cc: County of San Diego
Carol lJhicasida
Larry Eng
USF\JS. Carlsbad
1-1r'
-----_..._---,,~-----~
COUNCIL AGENDA STATEMENT
Item / P
Meeting Date 1/17/95
ITEM TITLE: Public Hearing to consider delaching from Open Space District NO.1 and
Open Space Districl No. 10 those territories within Open Space No. 20;
10 be effeclÌve FY 1995-96,
ResolulÌon /7?8'~rdering the delachment from Open Space District
No.1 and Open Space District No. 10 those lerritories within Open Space
No. 20; to be effective FY 1995-96,
SUBMITTED BY: Direclor of Public WorkV
REVIEWED BY: "(Þ (4/5ths Vote: Yes_NoX)
City ManagerÚ' {l-
j(-<f
The open space maintenance district that was created for the Rancho del Rey development
overlapped lwo existing open space districts. The City's intention is to assess the subject parcels
through just one open space district, however, title reports show these parcels to be in two
districts and thereby subject to a double assessment. Tonight's aclion will eliminate the overlap
and was requested by Rancho del Rey Investors so that the ultimate property owners will only
have one open space district on their disclosure statemenl and tax bill.
RECOMMENDATION: That Council conducl the public hearing to delach from Open Space
District No.1 and Open Space District No. 10 those territories within OSD-20; to be effective
FY 1995-96, and approve the resoJution ordering the delachments.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
Open Space District No. 1 (OSD-l) was created over 20 years ago to provide for the
mainlenance of open space lots in the area bordered by East H Street, Otay Lakes Road,
Telegraph Canyon Road, and Paseo Ranchero. Open Space District No. 10 (OSD-I0) was
created 10 years ago and borders East J Street from Cassia Place to Paseo Ladera and includes
those properties bordered by Telegraph Canyon Road, Paseo Ladera, Paseo Ranchero and East
J Street (see attached plals, Exhibit A).
OSD-20 was fonned for the perpetual maintenance of open spaces and other facilities within
Rancho del Rey. However, some of the undeveJoped land in SPA III, Rancho del Rey, was
already included inother open space maintenance districts (OSD-l and OSD-I0, See Exhibit A).
The developer for Rancho del Rey SPA III, would like to clarify that the SPA III properties are
10 be assessed for only one open space district's maintenance (OSD-20) and so that the ultimate
property owners will have less confusion on their disclosure sheet and litle reports.
Id--/
.'_~_______.._._. ...___.____....."'.·_,.___·._.~_.,___..,___..'··_m··____M_
Page 2, Item / tl
Meeting Date 1/17/95
On December 20, 1994 Council adopted Resolution 17768 (see Exhibit B) which declared the
City's intention to detach the following parcels from Districts 1 and 10:
OSD-l OSD-lO
Assessor's Parcel No. Assessor's Parcel No.
640-060-11 640-080-32
640-090-04 640-080-31
641-030-12 640-080-43
642-040-01 641-020-11
642-040-02 641-030-12
642-040-12 640-080-33
642-040-13 640-090-12
642-040-15 640-090-11
648-080-17
640-193-35
640-198-28
640-192-22
LandscaDing Act of 1972
Open space maintenance districts, as outlined in the Landscaping and Lighting Act of 1972 are
created so that those who benefit by the open space are those who are assessed the maintenance
cost. The new district boundaries will better reflect the benefit enjoyed by the property owners
within each of the three districts. Those within OSD-20 will contribule to the maintenance of
the East H Street and Telegraph Canyon Road medians and parkways.
The right of majority protest and public noticing as outlined in section 22609 of the Landscaping
and Lighting Act of 1972 is limited to the terrilory proposed to be detached. The sole property
owner in this case is Rancho del Rey Investors who support this action and have been notified
of this meeting.
Costs
The Cosl for OSD-l for fiscaJ year 94-95 was $72.62 per equivalent dwelling unil (EDU). It
is estimated that the net impacl of the proposed change of boundary will be a $6 per EDU
increase, thereby increasing the cost to $78.64 per EDU (see attached worksheet for breakdown,
Exhibit c). This increase is mostly due to the maintenance cost being spread among fewer
units, 796 before and 652 after. The detached lands include a small lot which was being
mainlained by OSD-l; the detachment of which will serve to lower the OSD-l' s assessment
slightly, however, the net change is an increase in cost per equivalent dwelling unit.
The assessment for OSD-I0 will not change since the properties proposed to be detached are
currently neither maintained nor assessed by OSD-lO.
The detachments will nol impact Rancho deJ Rey, SPA III (OSD-20, Zone 7) due to there nol
being any assessment for the open space yel to be constructed. It is anticipated that any future
/d·';"
- ...._~_.._------- ."--
Page 3, Item ItJ
Meeting Date 1/17/95
cost for SPA III open space would be assessed to SPA III developments (Zone 7), whether or
not the lands were in OSD-IO or 1. Therefore tonight's action has no impact on OSD-20.
All changes will be effective on the FY 1995-96 tax roll,
Maps
Mter the public hearing, the maps for Open Space District 1 and 10 will be revised to show
the new boundaries as delineated in Exhibit A, sheets 2 and 3.
Notice
Section 22609 of the Landscaping and Lighting Act of 1972 requires that the areas to be
detached be noticed of the public hearing. Rancho del Rey Investors is the sole owner of these
areas and will be noticed. The result of the detachment will cause a net increase in cost per
EDU to the remaining properties in Open Space District No.1 however. if the areas were
detached from OSD-20 and left in OSD-L the assessment would increased bv over $20ÆDU
to a total of $931. much higher than the proposed increase of $6ÆDD. In any case, all
property owners within districts 1, 10 and 20 (zone 7) were noticed of the public hearing.
Section 22609 limits the majority protest to only those lands being detached (SPA III of
Rancho del Rey).
FISCAL IMPACT: Open space districts are funded by property owners within the districts
so there is no fiscal impact to the City, The cost of detachment proceedings is estimated at
$4,000 plus all noticing costs. Rancho del Rey Investors have deposited these funds.
File No. :OS-036
Attachments: Exhibit A - Area Plats:
Map of Areas to be Detached 1 of 3
New OSD-I Boundary 2 of 3
New OSD-IO Boundary 3 of 3
Exhibit B - Resolution 17768
Exhibit C - Cost Breakdown Worksheet
TA:sb
m:\home\engineer\agenda\detachPH.ta
1 Existing maintenance cost ($57.810) plus new intprovements ($50,350) divided by existing EDU's plus new
net EDU's (1158). /p. :J /IO-~
---._,--_.~- _._,-_...__...~_..._--- ...-
RESOLUTION NO. 1?7~r('
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE DETACHMENT FROM OPEN
SPACE DISTRICT NO. 1 AND OPEN SPACE DISTRICT
NO. 10 THOSE TERRITORIES WITHIN OPEN SPACE NO.
20; TO BE EFFECTIVE FY 1995-96
WHEREAS, the open space maintenance district that was
created for the Rancho del Rey development overlapped two existing
open space districts, Open Space District No. 1 and Open Space
District No. 10; and
WHEREAS, this action will eliminate the overlap and was
requested by Rancho del Rey Investors so that the ultimate property
owners will only have one open space district on their disclosure
statement and tax bill; and
WHEREAS, section 22609 of the Landscaping and Lighting
Act of 1972 requires that the areas to be detached be noticed of
the public hearing; and
WHEREAS, Rancho del Rey Investors is the sole owner of
these areas and has been noticed; and
WHEREAS, the result of the detachment will cause a net
increase in cost per EDU to the remaining properties in Open Space
District No.1 however, if the areas were detached from OSD-20 and
left in OSD-l, the increase would be much higher than the proposed
$6/EDU. and all property owners within districts 1, 10 and 20 will
be noticed of the public hearing.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby order the detachment from Open
Space District No. 1 and Open Space District No. 10 those
territories within Open space No. 20 to be ective Y 1995-96.
Presented by V"~' form b
John P. Lippitt, Director of Bruce M. , City
Public Works Attorney
C:\rs\detach.RDR
/ð-.> /!O-U?
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Map of Areas to be Detached
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E PÙbÎ, \S
RESOLUTION NO. 17768
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE CITY'S INTENTION TO
DETACH FROM OPEN SPACE DISTRICT NO. 1 AND OPEN
SPACE DISTRICT NO. 10 THOSE TERRITORIES WITHIN
OPEN SPACE NO. 20; TO BE EFFECTIVE FY 1995-96,
AND SETTING JANUARY 17, 1995 AT 6:00 P.M. AS
THE DATE AND TIME FOR THE PUBLIC HEARING TO
CONSIDER SAID DETACHMENTS
WHEREAS, the open space maintenance district that was
created for the Rancho del Rey development overlapped two existing
open space districts; and
WHEREAS, it was requested by Rancho del Rey Investors to
eliminate the overlap that exists between Open Space Districts 1,
10 and 20 so that the ultimate property owners will only have one
open space district on their disclosure statement and tax bill; and
WHEREAS, it has been Council's policy in the past to
simplify the open space maintenance program by detaching parcels
that lie within two districts from the district that 'they receive
the least amount of benefit from; and
WHEREAS, section 22609 of the Landscaping and Lighting
Act of 1972 requires that the areas to be detached be noticed of
the public hearing; and
WHEREAS, Rancho del Rey Investors is the sole owner of
these areas and was noticed; and
WHEREAS, the result of the detachment will cause a net
increase in cost per EDU to the remaining properties in Open Space
District 1, however, if the areas were detached from OSD-20 and
left in OSD-1, the increase would be much higher than the proposed
$6/EDU; and
WHEREAS, in any case, all property owners within district
1, 10, 20 will be noticed of the public hearing.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby declare its intention to detach
from Open Space District No. 1 and Open Space District No. 10 those
territories within Open space No. 20; to be effective FY 1995-96
and setting January 17, 1995 at 6:00 p.m. as the date and time for
the public hearing to consider said detachments.
Presented by ¡'pproved as to
.4-,1/.
John P. Lippitt, Director of Bruce M. Boogaard, City
Public Works Attorney
C:\rl\detacho8.ta /IJ -It) ,
~... _.,--_._._-,-~..._- -- .-..-. ---"._--_.....~-_._- . -...--..------
.
. Exhibit C
-
Cost Breakdown Worksheet
Existing After Detachments
Open Space District 1
Maintenance cost . $57,810 $51,310
EDU's 796 652.4
Cost per EDU 572.63 $78.65
.
Open Space District 10
Maintenance cost $55,010 $55,010
EDU's 630 630
Cost per EDU $87.32 $8732
)
Note: n.e cœÞ are hued on FY 1994·1995 _timateland IUbject 10 chanae with any
chanle In maintenance o::»LL The maintenance COlt of OSD·] dec:reued due to the
_.....10/.1.6 ""'" slope.
80
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.. .-...-..--.-.--.---.-..- "- -~_.."---.- .._.,-,---,_..~.- ---- __·_·_____~______H_______
COUNCIL AGENDA STATEMENT
Item 1/
Meeting Date 01/17/9';
ITEM TITLE: Public Hearing: Conditional Use Permit PCC-95-16; requesl to construct
an unmanned cellular communicalions facility on the site of the Gtay Water
Dislrict water tank, located at the easlerly terminus of Gotham SIreet -
AirTouch Cellular
Resolution granting Conditional Use Permit PCC-95-16 to AirTouch
Cellular to construct an unmanned cellular communications facility at the
easterly terminus of Golham SIreet
SUBMITTED BY: D""'", of Pboom, i'~
REVIEWED BY: City Manager~ ~ ,./"7 (4/Sths Vote: Yes-.NoX)
The applicanl and staff agreed that a one week delay of the hearing is necessary in order 10
compile additional information on the project.
RECOMMENDATION: That Council continue the public hearing to its regularly scheduled
meeting of January 24, 1995.
M:\HOME\PLANNING\MARTIN\AIRTOUCH\9516A.113 11-- J I/l-LP
._.... ._.......__ ____~._,..,__.._______..MO_.__._
PUBUC HEARJNG CHECK UST
PUBLIC HEARlNG DATE: 1 In /qS
SUBJECT: ... Q:J, -t:.;..._ ~ J....i: 1- I ,
Os.. ('\.+....._1- =# 1"1-10 ~
LOCATION: n~~............. #-1.0.
SENT TO STAR NEWS FOR PUBLICATION .. BY FAX /; BY HAND_; BY MAlL
PUBLICATION DATE I~/ ':"1 / q,.f
I i
MAlLED NOTICES TO PROPERTY OWNERS - NO. MAlLED
PER. GC §54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F, San Diego, 92122
LOGGED IN AGENDA BOOK l~/ <--'{ lot +
I I
COPIES TO:
Administration (4) V
Planning /
Originating Department
Engineering 1.-'/
Others
City Clerk's Office (2) ~
POST ON BULLETIN BOARDS ¡;;¡'/;.9 l'i 'f
, ,
SPECIAL INSTRUCTIONS:
7/93 ·55·
j/- :3
M___~·_··_·_·~_·
RESOLUTION NO. 17768
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECLARING THE CITY'S INTENTION TO'DETACH FROM
OPEN SPACE DISTRICT NO.1 AND OPEN SPACE DISTRICT NO.
10 THOSE TERRITORIES WITHIN OPEN SPACE NO. 20; TO BE
EFFECTIVE FY 1995-96. AND SETTING JANUARY 17,1995 AT
6:00 P.M. AS THE DATE AND TIME FOR THE PUBLIC HEARING
TO CONSIDER SAID DETACHMENTS
WHEREAS. the open space maintenance district that was created for the Rancho del
Rey development overlapped two existing open space districts; and.
WHEREAS, it was requested by Rancho del Rey Investors to eliminate the overlap that
exists between Open Space Districts 1, 10 and 20 so that the ultimate property owners will
only have one open space district on their disclosure statement and tax bill; and,
WHEREAS, it has been Council's policy in the past to simplify the open space
maintenance program by detaching parcels that lie within two districts from the district that
they receive the least amount of benefit from; and,
WHEREAS, Section 22609 of the Landscaping and Lighting Act of 1972 requires that
the areas to be detached be noticed of the public hearing; and,
WHEREAS. Rancho del Rey Investors is the sole owner of these areas and was noticed;
and,
WHEREAS, the result of the detachment will cause a net increase in cost per EDU to
the remaining properties in Open Space District 1. however, if the areas were detached from
OSD-20 and left in OSD-1. the increase would be much higher than the proposed $6/EDU;
and.
WHEREAS, in any case, all property owners within district 1, 10, 20 will be noticed
of the public hearing.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby declare its intention to detach from Open Space District No.1 and Open Space District
No. 10 those territories within Open Space No. 20; to be effective FY 1995-96 and setting
January 17, 1995 at 6:00 p.m. as the date and time for the public hearing to consider said
detachments.
Presented by Approved as to form by
John P. Lippitt Bruce M. Boogaard
Director of Public Works ///7 City Attorney
¿v 0 "22.~(.,.
Resolution No. 17768
Page 2
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of December, 1994, by the following vote:
YES: Councilmembers: Padilla, Rindone, Horton
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Fox, Moot
Shirley 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. 17768 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 20th day of December
1994.
Executed this 20th day of December, 1994.
Beverly A. Authelet, City Clerk
//-5'
__~._.____._...__,....~_.. - ...__..n.,_...... __..____+ _ _ ·_____·__·__~____."··_~.__..n_.._ .. ---._-.__.~~._. . -,'.--,._,------ --_.
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Item No. 12
Date 1/17/95
12. ORDINANCE 2620 AMENDING CHAPTERS 18.16 OF THE MUNICIPAL
CODE TO ALLOW FOR THE POSTING BY
DEVELOPERS OF ALTERNATIVE FORMS OF
SECURITY FOR PUBLIC OR PRIVATE
IMPROVEMENTS REQUIRING COMPLETION
GUARANTIES IN FAVOR OF THE CITY AND
MAKING MINOR TECHNICAL CORRECTIONS (first
readincr)
staff is recommending that the item be continued to the Council
meeting of 1/24/95.
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SUPPLEMENTAL COUNCIL AGENDA STATEMENT
Item 1;1
Meeting Date 1/17/95
ITEM TITLE: Resolution /7?i",3 Re-appropriating funds, accepting bids and
awarding contract for" Civic Cenler Flooring Installation in the City of Chula
Vista. CA (GG-108)"
SUBMITIED BY: Direclor of Public Works
REVIEWED BY: Ci<y Moo_ .J4 ~ ~ (4/5ths Vote: YesLNo->
This item first came to City Council at the meeting of January 10, 1995. At that meeting, Council
requested information on how the project was advertised. As required by City Ordinance and as is
commonly done for projecls such as this, the project was advertised for one day in the Star News.
In addition, staff sent notificalion of the project to several trade papers including the San Diego Daily
Transcript and F. W. Dodge. As staff believed that not enough interest had been exhibited by
potential bidders, a list of qualified bidders in the San Diego region was obtained from Lee, the
carpet manufacturer, and additional outreach was conducted. Four companies in Chula Visla were
contacted (American Design, Rainbow Carpet, Standard Brands and Royal Carpet). However, none
of these firms had the equipment to meet the contract's furniture moving requirements, so they
declined to bid.
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COUNCIL AGENDA STATEMENT
I~I~
Meeting Date ,/ ,., ,,,';
ITEM TITI..E: Resolution' I 771'.3 Re-appropriating funds, accepting bids and
awarding contract for "Civic Center Flooring Installation in the City of
Chula Vista, CA (GO-I08)"
SUB1\UTI'ED BY: Director of Public Works 0/'
REVIEWED BY: City ManageÙ~ ~ (4/Sths Vote: YesLNo.J
At 2:00 pm on December 7, 1994, in Conference Rooms 2 & 3 of the Public Services Building, the
Director of Public Works received bids for "Civic Center Flooring Installation in the City of Chula
Vista, CA (GG-I08)." The work consists of replacing an existing deteriorated carpet and vinyl tiles
- '
in the Civic Center and other miscellaneous work specified in the specifications.
RECOMMENDATION: That Council: 1) Reappropriate $600 from 600-6001-GOI23, City Hall
recarpeting; $9,138.59 from 6OO-6001-SW204, 9O/Sidewalk Replacement; and $2,659.53 from 600-
6001-GG122, Roof Repair, LomÌI Verde Center; and 2) Accept bids and award contract to Allied
Carpet in the amount of $73,495 for "Civic Center Flooring Installation in the City of Chula Vista".
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The purpose of this project is to replace worn carpets in the Public Services Building that created
potential trip hazards. Funds to accomplish this work are budgeted in the Capital Improvement
Program. Staff has used the opportunity to re-carpet the building as departments re-organize or
'move within the building. Thus, eliminating undo disruption to the services to the public.
This project will complete the scheduled recarpeting of the building. The project specifies the use
of a system known as the "lift system" whereby miniInum disruption to the services/employees will
occur because all work will be accOlD.p~shed at night and on weekends. The contractor will lift all
furniture, partitions, etc. uti1i7.ing special hydraulic equipttJ.ent in place. Thus eliminating the
necessity to the to relocate equipment and/or personnel.
Bids for construction of this project were received from six contractors as follows:
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Page 2, Item
Meeting Date
1. Allied Carpet - La Mesa $73,495.00
2. Wood's Village Carpet - Lakeside $75,800.00
3. Tri-Co Floor - La Mesa $82,438.00
4. The Kuske Company - Escondido $86,495.00
5. Paul Singer Roor Covering - San Diego $87,444.00
6. Best Home Carpet - Gardena $99,415.00
The low bid by Allied Carpet of $73,495.00 is below the Engineer's estimate of $75,000.00 by
$1,505.00 or 2%. Staff received an excellent bid for the proposed work.
To award the contract, $12,398.12 needs to be re-appropriated from remaining fund balances from
three projects already completed. These projects are: a) City Hall recarpeting (00-123) - $600.00;
b) 90/Sidewalk Replacement (SW-204) - $9,138.59; and c) Roof Repair, Loma Verde Center (00-
122) - $2,659.53. These projects· were funded with the General Fund and, therefore, eligible for use
in the recarpeting of the Public Services Building.
Disclosure Statement
Attached is a copy of the contractor's disclosure statement (Exhibit A).
Environmental Stains
The City's Environmental Review Coordinator has reviewed the work involved in this project and
determined the project is éxempt under Section 15301,Class 1 (a) of the California Environmental
Quality Act (Interior alterations).
PrevailiDl!: Wal!e Statement
The source of funding for this project is the General Fund. Contractors bidding this project were
not required to pay prevailing wages to persons employed by them for work under this contract. No
special minority or women .owned business requirements were necessary as part of the bid
docUments. Nevertheless, disadvantaged businesses were encouraged to bid through active listing of
the notice to contractors with various minority trade publications.
Financial Statement
A. Contract Amount $73,495.00
B. Contingencies & Staff $1,505.00
TOTAL $75,000.00
_ ~t' ~
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_ "~.__________~.__.__ ._...____ "._.__ .____nno_..__.._ _ _~.._.__
Page 3, Item
Meeting Date
A. Civic Center Flooring Project (GG-I08) $62,601.88
B. City Hall Recarpeting. (GG-123) $600.00
C. 90/Sidewalk Replacement. (SW-204) $9,138.59
D. Roof Repair, Loma Verde Center. (GG-122) $2,659.53
TOTAL $75,000.00
FISCAL IMPACT: This action will authorize the expenditure of $75,000 in General Funds. After
construction, only routine City maintenance will be required.
Attachments:
Exhibit A - Co1Itractor Disclosure Statement
Skob
. File: No GO-101
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RESOLUTION NO. 17?r';J
RESOLUTION OF THE CITY ,COUNCIL OF THE CITY OF
CHULA VISTA RE-APPROPRIATING FUNDS, ACCEPTING
BID AND AWARDING CONTRACT FOR "CIVIC CENTER
FLOORING INSTALLATION IN THE CITY OF CHULA
VISTA, CA. (GG-108)"
WHEREAS, at 2:00 pm on December 7, 1994, in Conference
Rooms 2 & 3 of the Public Services Building, the Director of Public
Works received the following six bids for "civic Center Flooring
Installation in the city of Chula vista, CA (GG-108)":
ii ...... .:;;.;,;;.;.......:S····· '<it}
"",,} ..}'.,.'.. , ' , Bid Amount
1- Allied Carpet - La Mesa $73,495.00
2. Wood's Village Carpet - Lakeside $75,800.00
3. Tri-Co Floor - La Mesa $82,438.00
4. . . $86,495.00
The Kuske Company - Escond1do
5. Paul Singer Floor covering - San $87,444.00
Diego
6. Best Home Carpet - Gardena $99,415.00
WHEREAS, the low bid by Allied Carpet of $73,495.00 is
below the Engineer's estimate of $75,000.00 by $1,505.00 or 2%; and
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in this project and determined the
project is exempt under Section 15301, Class 1 (a) of the
California Environmental Quality Act (Interior alterations); and
WHEREAS, the source of funding for this project is the
General Fund, therefore, contractors bidding this project were not
required to pay prevailing wages to persons employed by them for
work under this contract; and
WHEREAS, no special minority or women owned business
requirements were necessary as part of the bid documents,
nevertheless, disadvantaged businesses were encouraged to bid
through active listing of the notice to contractors with various
minority trade publications; and
WHEREAS, funds for the subject project were included in
the FY88-89 CIP project budget (GG-108) and staff recommends the
1
',. /.
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reappropriation of excess project funds in the amount of $600.00
from city Hall Recarpeting, $9;138.59 from 90/Sidewalk Replacement
(SW-204) and $2,659.53 from Roof Repairs (GG-122) to the subject
· project (GG-108).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
section 1. That the City Council concurs in the
determination that this project is categorically exempt under
Section 15301, Class l(a) (Interior alterations) of the California
Environmental Quality Act.
Section 2. That the city Council does hereby accept the
bid of Allied carpet as responsive.
section 3. The City Council of the city of Chula vista
awards the contract for "civic Center Flooring Installation in the
City of Chula vista" to Allied Carpet in the amount of $73,495.00,
the lowest responsible bidder which submitted a responsive bid to
the approved specifications.
Section 4. The Mayor of the City of Chula Vista is
hereby authorized and directed to execute said contract for and on
behalf of the city of Chula vista.
section 5. The city Council of the City of Chula Vista
· does hereby reappropriate from the following accounts: $600 from
600-6001-GG123, City Hall recarpeting; $9,138.59 from 600-6001-
SW204, 90/Sidewalk Replacement; and $2,659.53 from 600-6001-GG122,
Roof Repair, Loma Verde Center to Account 600-6001-GG 08.
Presented by
John P. Lippitt, Director of , City
Public Works
·
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I THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
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on all maners which will require discretionary action on the pan of the City Council. Plamùng Commission. and all other official
bodies. The following information must be disclosed: '
/ I. List the names of all persons having a financial intcn:$t in du: propt:ny which is th~ suhjc:cl ()f the aprlic;ui~m t IT rill' (',ultract.
t:.~.. UWHcr. aPl"lkam. Cmllral.:lor. suhcontrdclnf. milll:rial supplier.
'Ian Chrones ~tPVP T ;:In~rpt:h
'l'homas Haggard
--
Anthony Gabriola
2, If any perslln" identified pursuant to (I) ahove is ¡¡ corpllrdtillll or p¡¡nnership. list Ihe nallles nf ¡¡II individuals uWllin~ IIIlIre
tlwl 10% of tbe shares ill the curporatiun or oW1lÌng any p¡¡nnership interest in tbe pannership.
3. If any person" identified pursuam 10 (I) above is non-profit organization or a trust. list the names of any person serving as
director of the non-profit orgaJÙzatinn or as trustee or beneficiary or truStor of tlte trust.
.,
---- -..---- -- ---. ...
0"__ ... -- -- ... -- - .' -
-.-. .-------
4. I fiLlY': yuu bad mure than S2~O wurth of husinc~s." tranSitc,cd with any IUcmhc:r of tilt: City .I\1».ff, Ðuards. CuulIlIissiUlL'i.
Comminees. and Cnuncil within Ihe pa>1 twelve mllnth'! Yes _ NoX_ If yes. plea.'iC: intlicate pcrsun(s):
S. Please identify each and every person, including any agents. emplnyees, consultants. or independent Conuaclors who you
have assigned to represem you before the City in this matter.,
Tan Haaaard
-
6. Ibvç yuu and I.". yuur ..mccrs III' "¡'enls. inlhe a~~rerale. c..ntrihUI.-d nh'O: Ihall $I.(HIO t.. a ('..ulldl !"clllher ¡nlhe current
'.rre.-.:din~ çlccli..n peri..d., Yes _ N...x.. If yes. Slale which ('..uncilmemhelS(s):
Dale: l2n/94
Tom Haggard
Prim or type name of ConuaclOr/Applicanl
· I3rHH1 ;s dl!jined a.<: . Any in,Jividual. finn. nl-plmner.,hip. joint _/Ure. u....odutitm, so(:ial club. fraternal ('T/laniZJJtiun.
LYlTf'tITatifll'. I'SI/IIt'. Iru.,r. rt'ct'illf'T. X)/ntlim/t'. tlli., (,ml an.y (,tht'T mllnry. city or ('(mUlry. dt,v municipality. di.'trict. lIT IIIht'T IHlIi/ieal
SM/Jdivixiutl. (IT al/.'· (,tllt'r II'IU(I (I' ,."",¡'¡l/ati,1lJ ULting u.' a unit.
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COUNCIL AGENDA STATEMENT
Item I¥
Meeting Date 1/17/95
ITEM TITLE: Resolution /777Y Reappropriating $165,000 from STL-221, the
1994"95 Pavement Overlay Project, to STL-206, the 1993-94 Pavement
Overlay Projecl
SUBMITTED BY: Director of Public WOrk~
REVJEWED BV, City M."",'d'j 7J ~ (41"'" Vo'" V~ X No-->
The 1993-94 overlay project was the largest overlay program execuled in the City's history.
The contract was awarded to Sim J. Harri£ Co. in the amount of $1,457,132. It was staff's
intention that the project would expend only the funds available. However, due 10 two major
factors that combined to increase the contract, there was a cost increase and additional funds are
recommended 10 be appropriated. Because of the complexity of the issues, staff is still finalizing
the report. Staff will bring this item back when all of the issues have been fully deaIl with.
RECOMMENDATION: Thai Council continue this item.
m: \home\engineer\94ov Iy . con
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COUNCIL AGENDA STATEMENT
Item />
Meeting Date 1/17/95
ITEM TITLE: Resolution /7?81 Authorizing payment of $1,368,680.75 to the
developers of the City of Chula Vista Autopark contingent upon satisfactory
completion of all improvements.
SUBMITTED BY: D"",'" of Publ' w~ rJr'
REVIEWED BY: City Manage~ ~ ......-z (4/5ths Vote: Yes_NolO
On March 23, 1993, Council adopted the resolution of inlention to order the acquisition and financing of
certain infrastructure serving the Autopark development pursuant to the Municipal Improvement Act of 1913.
Later, on August 24, 1993, Council approved the Acquisition/Financing Agreement and on September 28,
1993, confirmed the assessment and approved the Engineer's Report. Finally, on August 2, 1994 Council
approved the sale of bonds for Assessment Dislrict No. 92-02.
The public improvements to be funded by the dislricl are basically complete but have not been accepted by
the City due to several construction deficiencies that need to be corrected and documents not yet submitted.
In addition, the water improvements still have not been accepled by the Otay Water Dislrict Board (see
Exhibit A). The developers have requested the City to expedite the payment of the acquisition cost of the
improvements in order to pay construction loans previously made to finance the construction of these
improvements. Section 8 of the Acquisition/Financing agreement requires Council approval of this payment
request. In the interest of working with the developers, staff recommends thai Council approve this payment
request with the condition that the actual disbursement of funds takes place after the improvements have been
satisfactorily completed and accepted by the City Manager and all required documents have been submitted.
The total amoùnt to be paid 10 the developers is $1,368,680.75 of which $98,220.00 correspond to water
improvements.
RECOMMENDATION: That Council adopt the resolution authorizing a payment of $ 1,368,680.75 to the
developers of ihe Autopark as follows:
1) $1,270,460.75 upon Council approval of this payment request
and the City Manager's acceptance of ihe improvements and
submittal of required documents
2) $98,220.00 upon Otay Water Dislrict acceptance of the water
improvemenls
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
/y/
Page 2, Item /.,Ç
Meeting Date 1/17/95
DISCUSSION: The Municipal Improvement Act of 1913 is a financing mechanism which allows lhe
financing of public infrastructure improvements lhrough assessment districls bonds wilh paymenls collected
from the property owners. There is no direct cost to the City. This is an acquisition district wherein the
developer is constructing lhe public improvements and lhe City will acquire lhem upon completion wilh
funds derived from lhe sale of bonds. City policy establishes that lhe total bond amount shall not exceed one-
third (1/3) of the value of the properly within the Assessment District as determined by an independent
appraiser retained by lhe Cily.
The public improvements to be fmanced lhrough the Assessmenl District No. 92-2 include asphalt concrete
pavement, drainage facilities, curb, gutter, sidewalk, landscaping, street lighting, sewer mains, sewer pump
station, storm drain system, water system, and miscellaneous appurtenant structures (see Exhibits B & C).
The acquisilion of right-of-way for Otay Valley Road widening and Brandywine Avenue and Autopark Drive
construction within lhe proposed district is also included. The district also includes lhe prepayment of the
previously conÍmned special assessment for Assessment District No.90-2 (Otay Valley Road) in the amount
of $353,043.32. Assessment District No. 90-2 is an areawide district sel up for paying property owners share
of lhe cost of widening Otay Valley Road. Since lhe Autopark properly benefitted from lhese improvements,
it was included in that district (AD No. 90-2). The prepayment of lhese assesments was included to eliminate
all senior liens in the Autopark District (AD No 92-2) and enhance the marketability of the bond issue. If
the assessments were not paid off the Autopark would have two bond issues to pay and the presence of a
senior assessment.
The total amount to be paid from the Autopark Improvement Fund is $1,824,159.00. A total of
$1,368,680.75 would be used to pay for the acquisition of public improvements and related expenses,
$18,353.14 correspond to City staff cost ( to be transferred to the General Fund) and lhe remaining
$437,125.11 would be used to pay consultant cost and olher miscellaneous expenses. Attachment 1 shows
a breakdown of lhe improvements and incidental expenses funded by lhe district.
While lhe developers have requested payment, lhere are several ilems of work lhat need to be completed
before the City is ready 10 accept the improvements and make the payment. The major items are the approval
of the water improvements by lhe Otay Water District, the submittal of the documents granling the street's
right-of-way and processing of an encroachment permit for all lhe improvements constructed wilhin lhe
sewer easements. Exhibit D presents a complete list of all activities and documentation necessary to complete
the acquisition of the improvements.
FISCAL IMPACT: The purchase price is to be paid from lhe bond proceeds of lhe Autopark District. The
developers have also signed a Reimbursement Agreement with lhe City in which lhey agree to pay for all
lhe Cily expenses and consultant cost. As mentioned above, $18,353.14 (City staff time) will be transferred
10 lhe General Fund.
Attachments: Attachment 1: Autopark Assessment District 92-2
Exhibit A: Otay Water District letter
Exhibit B: Description of Improvements
Exhibit C: Assessment District Diagram
Exhibit D: List of uncomplete improvements and missing doc\lffients
LdT/AY·090
WPC P:\home\engineer\agenda\pay92.2
15"~
"M'___ .---...-.- ..--....--- - .. -~,--_.-._--~--- . --- --~-- --.-
RESOLUTION NO. /778"9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING PAYMENT OF
$1,368,680.75 TO THE DEVELOPERS OF THE CITY OF
CHULA VISTA AUTOPARK CONTINGENT UPON
SATISFACTORY COMPLETION OF ALL IMPROVEMENTS
WHEREAS, on March 23, 1993, Council adopted the
resolution of intention to order the acquisition and financing of
certain infrastructure serving the Autopark development pursuant to
the Municipal Improvement Act of 1913; and
WHEREAS, on August 24, 1993, Council approved the
Acquisition/Financing Agreement and on September 28, 1993,
confirmed the assessment and approved the Engineer's Report; and
WHEREAS, on August 2, 1994 Council approved the sale of
bonds for Assessment District No. 92-02; and
WHEREAS, the pUblic improvements to be funded by the
district have been completed and accepted by the City and the
developer has requested in writing the payment of the purchase
price; and
WHEREAS, Staff has reviewed the submittal and has found
it in compliance with the Acquisition/Financing Agreement; and
WHEREAS, the total amount to be paid to the developers is
$1,368,680.75; and
WHEREAS, Section 8 of the agreement stipulates that the
city Engineer shall submit the payment request for Council
approval.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula Vista does hereby authorize payment of $1,368,680.75
to the developers of the City of Chula vista Autopark as follows:
1) $1,270,460.75 upon Council approval of this payment
request and the City Manager's acceptance of the
improvements and submittal of required documents.
2) $98,220.00 upon Otay Water District acceptance of
the water improvements.
BE IT FURTHER RESOLVED that payment is contingent on the
following conditions:
Miscellaneous:
1-> 'J
--_. ...----.".. ._.__._--_.__._.._----~ ---_.._----"--------~,--
1- Furnish a letter from Otay Water District accepting the
water facilities.
2. Furnish a letter from the Engineer of Record stating that
all property and control monumentation has been
installed. Obtain inspection from the City of Chula
vista Land Surveyor.
3. Furnish a letter from the City's Planning Department
approving the landscaping.
4. Furnish a letter from the City's Public Works Department
(Operation Division) accepting the Sewer Pump Station.
5. Complete the air pressure test of the 4-inch sewer force
main.
6. Complete "as-built" improvement plan process. This
includes microfiche of signed plans on 3Smm aperture
cards.
7. Obtain an encroachment permit for all encroachments/
improvements within all sewer easements.
8. Provide certificate stating that the improvements have
been constructed as if they have been constructed under
the direction of the City.
9. Provide unconditional lien releases from contractors and
suppliers for the improvements or portion thereof to be
acquired.
10. Prepare, execute and submit to the City the documents
granting the street's right-of-way to be acquired.
11- Submit photocopies of checks paid to contractors and
suppliers.
Concrete Curb, Gutter and Sidewalk:
1- Epoxy mortar all chips and gouges in curbs, gutters,
sidewalks and driveway approaches.
2. Remove forms from street light bases, station 1+00, Auto
Mall Drive.
3. Construct the median paving on Brandywine.
Asphalt Concrete Pavement:
2
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1. Patch all gouges in the asphalt pavement. Large areas
such as those marked at the south end of Brandywine and
the westerly end of Auto Mall Drive will require that the
entire width of the street be sealed. (Use RS-1 Asphalt
Emulsion in accordance with standard Specifications,
section 3-5.10, Seal Coat).
Street Liahts. Pavement Markinas and Street Sians:
1. Furnish a letter from the City's Engineering Department
Traffic Division, accepting the street lighting, signs
and pavement markings.
2. Replace the "stop" sign at Auto Mall Drive and
Brandywine.
3. Repaint the pavement markings at the intersection of
Brandywine Avenue and Auto Mall Drive. Repaint where
necessary to repair asphalt concrete pavement.
Fences and Gates:
1. Complete the installation of the gate at the south end of
Brandywine Avenue. Install post caps, iron catch and
locking attachment.
2. Install per Chula Vista Standard No. 16, fencing at the
top of slope on otay Valley Road and Brandywine, north of
Auto Mall Drive.
Earthwork and Gradinq:
1. Backfill the sidewalks and curbs on Brandywine and Auto
Mall Drive.
2. Remove stockpiled materials from the north side of Auto
Mall Drive; west end.
Presented by Approved as to form by
4-- ih.
John P. Lippitt, Director of Bruce M. Boogaa ,City
Public Works Attorney
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ATTAC HMENT 1
AUTOPARK ASSESSMENT DISTRICT No 92-02
PAYMENTS FROM IMPROVEMENT FUND TO
ITEM DEVELOPER GENERAL FUND OTHER
Construction Cost * $594,950.75
Incidental Expenses
Right-of Way $738,230.00
Outstanding Uen(AD 90-2) $353,043.32
Public Agency City Staff, $7,271,92 $18,353,14
(Project Management and
Assessment Egineering)
Bond Counsel $17,428.42
Appraisser $6,000.00
City of Chula Vista Permit Fees $22,000,00
Printing, Advert. and Posting $228,08
Bond Printing, SelVicing $7,362,45
and Registration
UndelWriter Discount $69,290,92
TOTAL $1,368,680. 75 $18,353.14 $437.125,11
. The total cost of the eligible improvements submitted for payment is $643,949.09
The District is only purchasing $594,950.75 worth of improvements in order to
comply with the 3:1 value to lien ratio
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10595 JAMACHA BOULEVARD, SPRING VALLEY, CALIFORNIA 91977 ,
TELEPHONE: 670-2222, AREA CODe 619 I
January 4, 1995
Mr. John Lippett
Director of Public Works
city of Chula Vista
276 4th Avenue
Chu1a Vista, CA 91910
SUBJECT: Chula vista Auto Park (W.O. 2881/3771)
Dear Mr. Lippett:
The water improvements for the subject project have been
installed to District standards and will be placed on a future
District Board agenda for acceptance.
If you have any further questions regarding this subject, please
contact me at 670-2219.
Very truly yours,
Timot N. stanton
De tment Head
ngineering and Planning
TNS/mds
CCV.DOC
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ENGINEER'S REPORT
PART VI
DESCRIPTION OF WORKS OF IMPROVEMENT
The proposed works of improvement are generally described as follows:
1. Brandywine Avenue: (Proposed right-of-way to vary from 56 feet to 80 feet) from atay
Valley Road to the south boundary of Assessment District No. 92-2; including but not
limited to asphalt, curb, gutter, sidewalk, street lights, medians, water, sewer, stonn drain,
fencing, signing and striping, landscaping. Right-of-way acquisition is also included.
2. Auto Park Drive: (Proposed right-of-way 40 feet) within the boundaries of Assessment
District No. 92-2 including but not limited to asphalt, curb, gutter, sidewalk, street lights,
medians, water, sewer, stonn drain, fencing, signing and striping, landscaping. Right-of-
way acquisition is also included.
3. atay Valley Road: Widening to provide an eastbound right turn Jane to Brandywine
A venue, including, but not limited to asphalt, curb, gutter, sidewalk, street light,
landscaping, signing and striping, fencing. Right-of-way acquisition is also included.
4. Sewer line and pump station: Along the south boundary of Assessment District No. 92-2.
The gravity sewer line is 8 inches in diameter with a total length of approximately 1,100
feet. The pump station is required to pump sewer flows through 2-4" force mains to the
existing sewer line in atay Valley Road.
5. Main infrastructure water, sewer and stonn drain transversing and serving commercial lots
within the boundary of the proposed district.
/5~7 /t5-/0
WPC F:'II0ME'£NGINEER\770.93 I Page 18
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ASSESSMENT DIAGRAM SHEET I Of I
ACQUISITION
ASSESSMENT DISTRICT NO. 92-2
IAUTOPARK) ,
" FOR THE
CITY OF CHULA VISTA
COI.HTY Of SAN DIEGO, STATE Of CAlFORNIA
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AUTO PARK ASSESSMENT DISTRICT No 92-2
Following are the activities and documentation necessary to
complete the acquisition proceedings of AD No 92-2:
Miscellaneous:
1. Furnish a letter from Otay Water District accepting the
water facilities.
2. Furnish a letter from the Engineer of Record stating that
all property and control monumentation has been
installed. Obtain inspection from the City of Chula
Vista Land Surveyor. Please contact Mr. Clive Hopwood at
422-3707.
3 . Furnish a letter from the City's Planning Department
approving the landscaping.
4. Furnish a letter from the City's Public Works Department
(Operation Division) accepting the Sewer Pump Station.
Please contact Mr. Matias Fuentes at 585-5641.
5 . Complete the air pressure test of the 4-inch sewer force
main.
6 . Complete "as-built" improvement plan process, this
includes microfiche of signed plans on 35mm aperture
cards.
7. Obtain an encroachment permit for all encroachments/
improvements within all sewer easements.
8. Provide certificate stating that the improvements have
been constructed as if they have been constructed under
the direction of the City.
9. Provide unconditional lien releases from contractors and
suppliers for the improvements or portion thereof to be
acquired.
10. Prepare, execute and submit to the City the documents
granting the street's right-of-way to be acquired
11. Submit photocopies of checks paid to contractors and
suppliers.
Concrete Curb, Gutter and Sidewalk:
1. Epoxy mortar all chips and gouges in curbs, gutters,
sidewalks and driveway approaches.
1.5'//
2. Remove forms from street light bases, Station 1+00, Auto
Mall Drive.
3. Construct the median paving on Brandywine.
Asphalt Concrete Pavement:
1. Patch all gouges in the asphalt pavement. Large areas
such as those marked at the south end of Brandywine and
the westerly end of Auto Mall Drive will require that the
entire width of the street be sealed. (Use RS-1 Asphalt
Emulsion in accordance with Standard Specifications,
Section 3-5.10, Seal Coat).
Street Liqhts. Pavement Markinqs and Street Siqns:
1. Furnish a letter from the City's Engineering Department
Traffic Division, accepting the street lighting, signs
and pavement markings. Please contact Mr. Frank Rivera
at 691-5237.
2. Replace the "Stop" sign at Auto Mall Drive and
Brandywine.
3. Repaint the pavement markings at the intersection of
Brandywine Avenue and Auto Mall Drive. Repaint where
necessary to repair asphalt concrete pavement.
Fences and Gates:
1. Complete the installation of the gate at the south end of
Brandywine Avenue. Install post caps, iron catch and
locking attachment.
2. Install per Chula Vista Standard No. 16, fencing at the
top of slope on Otay Valley Road and Brandywine, north of
Auto Mall Drive.
Earthwork and Gradinq:
1. Backfill the sidewalks and curbs on Brandywine and Auto
Mall Drive.
2. Remove stockpiled materials from the north side of Auto
Mall Drive; west end.
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COUNCIL AGENDA STATEMENT
ITEM It,
MEETING DATE 1/17/95
ITEM TITLE: REPORT on Alternatives for Providing Training on Ethics in
Government.
SUBMITTED BY: DIRECTOR OF PERSONNELé'.&
REVIEWED BY: CITY MANAGER ~ (4/5th Vote: Yes_ No..lL)
At the December 13, 1994, City Council meeting, the Council discussed a request
presented by the Board of Ethics to sponsor a workshop on the principles of Public
Service Ethics. After considerable discussion, the Council referred the item to staff
for further analysis and research specifically addressing the following issues.
· Alternatives to the proposed training that are less than a full day.
· Less expensive alternatives
· Utilization of audio/video tape instruction versus live.
· An "At Home" study course.
Additionally, staff was directed to attempt to identify sources other than the General
Fund reserves to pay for this training; invite other agencies including those listed in
the Board of Ethics report to participate in and share the cost of the training; and
develop more specifically the content of the training. Council also directed the City
Manager to select specific City staff who should attend.
This report has been developed as completely as possible in order to have this before
the City Council prior to the January 26, 1995 Boards and Commissions Workshop
in order to consider the full recommendation of the Board of Ethics. More complete
information, especially the commitment to participate by other agencies, needs more
project definition and time before the City can be assured that it will be forthcoming.
RECOMMENDATION:
1. Approve current plan of the City Attorney covering the City Code Conflict of
Interest provisions, FPPC and the Statement of Economic Interests.
2. Refer to the Board of Ethics for evaluation, along with the Josephson Institute,
Saul D. Klein, for providing a program of broader ethics training than provided by
the City Attorney. Also, refer to the Board the idea, at a later date, of having a
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panel of attorneys make a presentation on the FPPA for report and
recommendation to the City Council.
BOARD/COMMISSION RECOMMENDATION:
The Board of Ethics recommended that:
1. An overview be conducted by the City Attorney at the Boards and Commissions
Workshop already scheduled forJanuary 26.
2. The City sponsor a full-day training workshop to be presented by training experts
in the field of public service ethics.
3. The City secure specialized instruction/training for one designated City staff
member who will then be on call to provide continuity of training content in
refresher and/or topic-specific training.
DISCUSSION:
The Joseohson Institute
Staff has had several discussions with Mr. Josephson's staff as well as others in the
field to ascertain what training on ethics in government is currently available.
Additionally, Josephson was asked if he could modify his seminar to satisfy some of
the suggested alternatives. Specifically with respect to Mr. Josephson, the cost for
the full day of training is $7,500. Mr. Josephson will provide a half day of training
for $6,500 or brief "motivational" speeches for an "appropriate honorarium". (He also
requires plane transportation from Orange County.) Mr. Josephson's training is a
course designed specifically for government, focusing on commitment, consciousness
and competency and in his words, "enhances proficiency in reasoning and problem-
solving essential to ethical decision making".
His initial all-day or half-day training is designed for target groups of 50 to 100
participants and should take only one or two phones calls with the appropriate staff
member to fine-tune his presentation. Mr. Josephson does not provide different
"levels" of training for individuals nor does he have anything close to a home study
course (although he does provide a booklet with the training).
Mr. Josephson is an advocate of "train-the-trainer" and provides a session held in
Washington, D.C. on public sector ethics. While room and board is included in the
fee, transportation is not (approximately $500). The cost of the Train-the- Trainer
program is $1,950 plus transportation.
The Josephson Institute does allow video taping as long as the City provides them
with a copy of the tape for their files. According to Management Services staff, Ace
Video provides to the City four hours of free video taping and four hours of free film
editing each month. It may be possible to combine two months entitlement to cover
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the full day training session; however, if that was not a possibility the cost for such
taping should not exceed $600 in total. This could be in addition to or may be a
reasonable alternative to the train-the-trainer approach.
Attached is an article written by Mr. Josephson and published in Western City
Magazine that provides the emphasis of his presentation. It is obviously not the
"legalistic" approach that would be taken by an attorney specifically addressing the
FPPA or Brown Act. It is a values/attitude focus rather than a compliance focus.
Saul D. Klein
In addition to talking to the Josephson Institute, we contacted Saul D. Klein, a Real
Estate broker and financial planner who conducted ethics training for the San Diego
Association of Realtors. While Mr. Klein has not developed a course on ethics in
government, he believes he could customize his real estate focused training for our
audience. Mr. Klein would intend to focus his discussion on disclosure, conflict of
'interest, unethical conduct, advisory services and accountability; however, he would
need a minimum of several meetings with staff to determine the scope of training
required and adjust the training to the specific audience. He provides a three hour
training session at a cost of $1,500 for sixty-five participants. This fee would also
include planning and design necessary for the training. Mr. Klein does not have a
home study course nor a train-the-trainer program; however, he does allow video
taping. Mr. Klein has a substantial list of clients including San Diego Gas & Electric,
McMillan Realty, Union-Tribune Publishing Company and Chase-Manhattan Bank,
among others. Staff contacted several of his clients who all were extremely pleased
with the training he provided. Since Mr. Klein recommends only 65 participants per
session for his 3-hour program, it would be possible to schedule 2 such sessions to
accommodate more individuals. The cost would then be $3,000.
Combination of Local Attornevs
Several San Diego County Attorneys have agreed to provide specific training focusing
on the Fair Political Practices Act and the Brown Act rather than the more broad-brush
approach proposed by Mr. Josephson. Their FPPC type presentations would be
developed after discussions with the City Attorney as to appropriate interpretations
and specific content. It is envisioned that no more than a half-day session would be
held and would have no cost attached. It is anticipated that we could arrange for
three to four attorneys for a panel presentation. Video taping this session would be
allowed.
Follow-up conversations with several of the aforementioned attorneys and Mr.
Josephson highlighted the difference in the types of proposed programs - one very
broad, dealing with decision-making with a more global perspective and the other
more specifically focused on the statues that govern the activities of local
government. It is possible to focus on either type of training or combine the two
without redundancy. Another significant difference in the training proposed (other
than time and focus) is that the City Attorney would need to participate in this
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development of the training and may want to participate as a speaker. At this time,
however, it is contemplated for the January 26, 1995 Boards and Commissions
Workshop to have just the City Attorney make the specific ethics presentation.
Other Alternatives
In addition to the aforementioned trainers, we have discussed the possibility of
providing Ethics in Government Training with a number of leading trainers in San
Diego County including the Center for Creative Leadership; Reid, Moomaugh &
Associates and UCSD who all believe they could create such a program; however,
they would not provide a train-the-trainer program and would require significantly
more staff time in development than it appears that the first two trainers would
necessitate. Other options would be to use the Josephson Institute's video tapes
under the leadership of the City's Training Officer and/or to send a City employee to
the "train the trainer" session in order that they could subsequently conduct such
training at the City.
Fundina
With respect to the issue of funding for this training, one option would be from the
City Council contingency fund, which has a balance of $9,000. This could be
approved by a 3/5ths vote. Another source is the unappropriated balance of the
General Fund reserves, which would require a 4/5ths vote for approval.
Staff has been in contact with a number of other agencies and is in the process of
encouraging them to participate to lessen the cost. There is probably a good
likelihood that some participation would occur, thus lowering the overall cost to the
City. However, once the trainer, date and program have been identified, staff will be
in a better position to work with other agencies to mitigate the cost of the training to
every extent possible.
FISCAL IMPACT:
The cost would range from approximately $1,800 for one session with a trainer such
as Saul Klein, to a maximum of $10,700 for a full-day with Josephson including the
Train-the-Trainer Program. (Both the $1,800 and the $10,700 figures include the
maximum estimated cost for video taping; however, staff would work with Ace Video
to minimize or eliminate that cost.)
Attachments: Proposal submitted by the Board of Ethics.
Memo from City Manager to Council dated 12/8/94.
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public cyoIclIm about eIIüco .
pmlmeDt by clecIarit1i th
leÞeo Bnn1fcolheoldeor
Ao4.1n the wake 01 .
eeries or II~ 5Iories ~ canup!, unetbICal and sleazy be!Ia\IIOr Þy pubUc omclals. '" tall eçect a year
of r!ghœoas dtetorlc and new JqIsIatiOJl. . It:llOII1eonc ..ho bu been ..orIdnc iD the treDchet 10 iD_
eaI....oåo....._and commitment In ~mrnent, I hIM mixed emotion.. WhIle I am de1Qd:ltod to _lIta1e!h'
hat eotere<l the pubJk: dia1o¡ue IS 8IIlmpnrtant 188u.. I wany 1ha11ht fraIItic rush tor lO1ut1ons wII1
aimpUstic and
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pie with the
under\yin¡ .
p-ob!ema. 0 WhDeIdon't.".,etluotothicsin ¡owrnmcntisenOl)'llloron Ofkejumboebrimp),Ithinkitiaimpo .
to reoopire that there Is a aiIIatant <01111ic1 between the practical reaJI1es of pouÍlcs. person! ....bltIon aod
cIemocrat!c Ideal otsellJcos public eervIce. Elillcaand pu\llk;oo ¡¡\a<¡c Vet' diA'CteI,1 d~ on, per1OI>6 wltIch
not euIIy reconcilable. 0 While ethiC$l. .1nnch of phII_phy CIOD~td witII ...,..¡ IItIIùo and hoW peo'1'O!1
IIJo!IJd behaVe.
rqard to both eo
lOlI means. poBtics
, 111 IDlrIIIslciuy
zutk: eate1prioc
Ud¡r.s pe<1>Iaand odtt
inteime of the etIec:\Ive use or power.oo tho acbIMmen1oftauhs. EthIcs Is based 01\ adherœce to the unm
oe] 11IOI'81 principles of ItonCoty, úiÌqtrity. pnun;a." keepm¡.!0)'I1t1, fairness. carine and re$pe<:t for «hen.
Ibit!;"",ess, pursuit of excellence 1n~·acœ1Dllabllity. Yt.t. man)' ar¡ue lhat these principles are on)y \oooe~
p1icablo (opolltics wblc:h I)u I.. own morali~, includin¡the notion that "aD'. falrlD love, ...rand po1Jtics." o1h
ore two '.;w .cepe ID e1hlco: ImowIna ..hat ¡. risht encI doitI8 iL In the ,.¡ world 01 poIilics. both .... di«'1C1I
. . .
1hou¡h ethics \ezIs1aI!on I1\IY be 11\0 IlIIIe ,¡I~ /1m. thoee who really WIllI! 10 \mmI>ie the ethical CU1]11)'
pemmeiII aeed to ac-
~ the Umited
roIeo! iIWs and !he
mo,e Imponml rule
'o!characIer..,dcom-
mltmcnL CrI/otiIIIud
EstGblishingAn Environment 'Thet Fo;t", Ethical Conduct
B, Michael ]os'phso
S
WF.mzN (ny, MAKCS 1989
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DEc-a9-94 T»U 14:13 rRK NU. ~¡bqqq~¡,~ r. U;){IJ(
MORli THAN A SJo.T Of"1IU1D rrAll/inuld)
ubUc oIðcI: II . pub!lc 'Ibouch 1 re\uotBI1111 admit we need more lure dIat!osten IIId rewarda
trulL" This maxim· andbelietlawstorelorm apollticalproceas 1CIr' and dllIt01IIIIU
supponed bylbe relatecl O\IemII1bypragmaUslllwhobaveloatslgltt , 1ber.. arc four ""'CII''''Y' to
idea thlll participatory of the J'IDdereoa!sofpubllc service.IaJso its:lnçitaIIoo,co1labor8ûoo,
democncy requires pub- IIeUeve we need to £0 beyo¡uIlaws. IntepaliotL
1M: coøfIðeace ill the intq- MeanInIIfW ~a In behaYÎor and l_pIratIon
rity of ,.,-nmenl - fays pub¡; perception$ ...m octUr oøIy If .... WbIIe IIIIJI notoo illite u to
I>. foUDdali01l for the e!bk:aI demands pia- recoplzc that mlllWtc ethlcal decioioao is enoueb to eotbon people 10 etbIeal. 1
cod on II!11IOlI8lneooemmentand 1&'1'$.... is much more dlfficth than we would like 11II Dot so CJÑcaJ.. to cooclu e thai inspl-
I8bUshln¡¡ basellne~. ofbehmot. to thlnk.1tla DOl limply a matter of charac- ration to hi&her modes of Il'I!
La__rulea.....~.ppmprlst. t<I' 01' breedlnJl. Ethl<al dedlion maklt>Il uselesc or irreJ......lln fact. as one who
concemiIIB the uee ofpubllc idld.. FOP' requiret . sensitifed and iII10rmed eo... .. ~ Inf]ueDCeCI · presldenl
~, facilities 11I01 ildlUeIICt and In ..... edeoœ and the .bili1,Y to .....rcotne tie... who 10101 me that die torch 01 been po&-
cuardJnI; the Independence of public 0111- \eDdes tQwIItd seJ1.deœptlon ...\ ntIon- IetIID lIlY eellendonand that sbould uk
._, claJs by epedfyinIIunaoœptable fol'lD$ of.., aliJation. Il requlm COU1'I¡e and lenadly ',. no! what DIf. C011\n W\lld for me bu!
")__ _ :~nf&I:U'~¡~te$t::lPIt In needed; to ""d the wißin8ne$S to ~oaPJ>C'OV'l\of, ""'Ibo>lcou1d do forJlJfCOll, 1,",¡:on-
establish .....i_ norms of behavior, othera I1Id the loss of money, power and '-ïDoed that iIIvoea/JOII$ to oodiIeH by
cIaJ11y lb. mponsIbDilles of .....nlll1C11t preelilfO. And. it requinta the abüil¡r to reopec:ted leaden _ ¡pitt oo.'s DOble
o1IIclals ami eø>p\oyeea...d prevent. abuse ,valuate iAcamplete or amb\uollS facts aepiraIion8l11d eti1IIuIate Ibe o$dence.
.ofpu1¡!ic.otI!çc. _ __,.___",.. _,_._ .~4.¡g4it;1 Jl.kew colSt(u...,...uuder ,E'*I leU eJoqueDt- to 11\$pIR'- '-.
, ~ 10 ~ \&wt< and ntIes IS all lcInds of preaure. eommitmenttoeUllcalpr1nd .~,
, Metlúc:$ Jàws" or "e1hlcal å3llclards.· hoW- can make a cIIfIerence if they though1-
ev..,bo11Ú,]ead\n¡sndcolJ1l1el'Pl'Oductlve. HBYiDa """ involved in doZ1!llS ill, 1iDcere. nooJitIic and ie¥1Ible. For
Itls mio1ead1oe beCaJ1Selbe laws deal only of programs with federal. state exam¡ie poBticianund pub eiœcutIvee
with a tWrOw specuum of .1hIcall...... and loca1 o\ciaJs, [ am u~ .. ~mpUIh a p'08I cIeaI aplicitly
eon.fntnlln2 pubBc eector profeaeiooala. It coooloced thai the ethical quality of deci \nÞ'mina penona who wO with and tor
II c:otI1IterproduetM bec:a\l1I! II JnvItea 'lions can be sub$!antial1y enhaOœcI Dy 'them 1haI they eIDCh 11I'''' Irnporl2DCe
thoee "'*'" to the ~DS to treat ,proll'Aml\ wbich develop edIIcaJ cotmDÍl- , to specIIic otbic:al prIn<:ipIcs - It always
tlte mitûmaIIotlav(us at:IJIdds of ethical ·m.nt,consdoull1l.U 11I01 competency. helpS to be IIedfiC - Uk. h es!Y,Inte¡¡.
propriety. It also enø>0raee5 a \epdb;IiI: Ethical d<:åeiOÐ mating is a akDI that we Illy, ¡rOmiee Iœepà¡¡, I Iy, 6ånic:6a.
ought to car\n and reçect for others Iø ablcllng-
, insist ,!bat 'DesS. \be punult or Bence and
all public '.cc:ounta1>iIit¡r.
. olIicialS de. 1b1..fæ$ beba1IIoron
. ' reiD10tces tbepersona1 etJt' ofdte Jlsteo-
j "Ilop and ffI'o
~ piece of ersand ¡p.e. thempennlosio to be ethICal
ethIc:s Je¡r:ia1a- U am ~deII at Ibe nua œsIl-
lion ""Iiht to in- moovwbereatoP Stale Depa ntofficlal
. dude. prO'risloo ~lalned away prevlnua d . OQ sy-
forell1lestnllnlll&'. ing thai he hod not beat tho';""" to
'lbeVlst~ty , teIIthetnttb)¡oeconc!, il lt~thaI
ofpersðosmeovern- be!tt¡¡ elhlcal is pert of Ihê . b,!bat It i.
'ment lite 6mcIaJOeII- cpedad and deIire4.
t2IIy cIeee11t peo.pIe .......rslllp bY EuIftpIe: It becII &aiel
''Wllo want 10 1\0 1be ·that a penoJI ¡nachea a eennon
rlØ!1_. In facl.1bIs with Iûs Ufethan his \IpI the moat
p>tent iDlpiratlooal 10 to 1..01
desire II so IboIIi tIta1 by COOUIIPIe. 'lbe Golden e iuQt only
appmdt bt ethics"hkh htmora no 1D~ most aq¡a¡¡e 10 elaborate ndIonallzatlcme an imoaluable JUiIle to Illl i. most
~ fbtn theletkrorthe"'and induces_Ie 10 jultify ctbIcaIIy dubious conductIO eon- eØ'ediw method of lead . Oœ who
.
, to use _ tec:hoicaI rui.. as the only vlncetbemsel1lcsthattbtyareellllt'llBuild- _ coUee¡iltes or 111 . Its 10 be
monIcriteriaofcoadueL Thi.aIettd.Io~ ID¡¡ on thia sel.ma¡¡e. 11 is ¡ÎosIIõ1e 10 in- ,þœeIl and """'lei. - boneat and
oto Ihe _cle."1f ir.1ep\. il'aelblcal." _ !be likeliltood Ihel pubUc ofIjdal, candid with them; one wi> ....,1$ othere
'Ihou¡h laws can r:oerc:e compUanoo ..m IIC\ more eIIúca\ly more o\eø If they ... keep Ibe loiter IIDd of Ibell' com
within JimIted JIIIl1I\D&. they lite far. 100 ' deVelop the motivation 11001 s1dIk impliådy mItrncoIs. Dluat keep !mints. etc.
nmoVl ami mïrümaII6t to provide al\lbeti- requited. , ' On tbe otber band, b s:y and Incoo-
tu\e tor ethIca. We expect too much from It il ,,¡o pn..n.1e for public cœeuIi_1o sllIetIeY, 4IVCII OD orn8II n.... can be
4 laws and demand too Bille 1rom peopl.. mate r:oJ.,.;,..&y a pooilive ethical cui- to1ally desIruCIIvt at trult the abilil1
. . l.£AGuEOF <ÃUJIORNJAQrns
/I-~
- _._.__,__.~_~._ - .....____."._ .._..._ .._....__~ - ~_.____.___. __'__-0"..'-'-' - -,------- -----~------- -....-."..-.-.-,
v...v ~v Võ ~ ,.... ... - .. .
.'
"
1.0 exen:loe moraIleederoltip.1t helps meto I r shou1d be continuously em¡Jb&- WII3' is 10 .ppeolll> the comJDOI>ÏII
.....ember the s!ø!)' abo1Irthe fllherwbo. ~ tbatlawl þDJ\Ot rep1ace the membe:s of tho aroup b_ in
upon findlngtbatbiSsonbad IIIœn a ~o! peed !or a eemïtNe _eeïenœ nor havior ofevetY individual. Group
...Jored markina' peDe from &eltool, ,... lreeoœofthemoralobJi¡ation toadhmID end meellDgs wIIh 'WI eeeI.tative
buked him. ·lDId him he bad to mum the tndltlona1 ethicalprlnciplos.lnon!ertoeo- eel to develop alJÙ\t of
pens and IXJ1oIiJe to the œacher III1d C011I'08" 8""d faI¡ ac:cepWtc:e of the mcral mublalityarvlmpol1m1.AIIshouhl
amc:1uded. "!fyoueeded pen' wby cIldu\ obli¡atlon to abide by both the letter II1C\ toundentand thathia "''''''')'Oße
,ou. tell me. J would have Wœn lOIDe apJrlt of the Jaw. every oppontm!\Y Ihould Ia¡e thalpenonlInF···"lOIent
from the oficc.· be uaed to clarify the reasons øthe rule$ perœmd to be, ethical
VaIu.. 0rJenþtIaa: An Important lIe> and ~ Importance of tile "appeaIanCC of .dellUly. The teCOOd
in estabUohlnB an ethical cultw'e is to ... lmprvprIew" -- II> U-IÏJŸ from wlthID the 01'81II1 ~
tore ~.t aD Individuals, espec:IaDy 1Iew- Ito oticntatlon ¡ro¡ram couIdalsobelte- comprehensive IiaI of the ,
comers. know about IJ1I! uncIers!and the at from a Ji~&-teII11Ù11ute ~taticm IIW'88andfactonwblcltcreatee!lll
laws. ruI.., and '""- wbkh ab01>ld plele (Iveorvideo) from the)ú¡¡hest I'IIIkingof. ItmllO thatthe entity'. goals and
their behavior. A vtd1 platmed orientation Acer in the enti!)' (l'residen~ Gavernor. with respect 1.0 the problem ..
.. pro¡rant Ie "")' itnportaut. The roalls to M*101'. City Manager. otcJ and a more . -. ' ..,
.... .,...--.....,. .
:'-éteitê ",publié'.~·pride, 811 aþrit de CðIIIprehensive aclcIreN from-tbf kß, ~, ~ ' " ! - 1 ,,; .
«WþS, that stren¡tl1eus moral resøIve and mediate supervisor of !he grOup ad- 'M~~Y "Hple the
tbe commitm.nt In hi¡h ethical standards. drused. The mesuge mightJD.clude
.-_. Fo~ d~, ofti!:J4l",¡m¡¡¡:¡:am'jnUoduc, . tJte.acatcment thatJ& prnon doea not .', çosts of ,beln# ef"'CIIllIRd ' .. ,
In¡¡ spou_1D con1tic\$ of ipto....1 a$1lC$ baTe to be oick 10 ..I bcltA!r. that tlferøstlmate the costs of co
can be -.aluable. For staff hired $)Oneil- ¡overnmenl tlerYÏce Is most ~ promlslngetIJical value.. ,
cally. a penoDal interview, a video. and Wl/'dlltg when it II perfonned .
_¡ned ~ Ie d.llirable. In ...... with total inteenl1. that it ia 1m-
"ees. the differences between privatt en- po!1.llnt that each pmIOn do hi, darilied. In order for an ethI.. rogrom
te:priH and ,o_ent shoU\ð be or her share to IJIIPlU~ and maintain th. naDy to tak. bald, It should co
aIrftsed. especially "1111 respect to, the ünage and realily of tthical fOV"I'DIIIeat, within an orpi¡Izadon and not be
no60n that public o1!!çe isa publlctnr.Sland and !bal &óoð. ethlCo it çapeeted ODd from wi¡ou~ l'er8onolD 1he
that every employee òr gooernnieDt R¡n- epprcdated by su¡ieNwa. . ,
_IS the fOYOl1UIIent.. a whole. Collabonltion .. 8IIdth_amed by It ou¡!ítto be
to cliocoVer ethical proble....
OrpnÚltiona1 "'¡¡u.. inc:uIœtion alii be l!Øorbt obould be mad. to Í<*I« 811 enol- 'Thi. ......... !bat pOl~ and
done effectively only if there I. a oInctre. romtteDt whieh eneoung.. diJocu9SÌOß nf are re\coant and responsive to
m....wJQ1uland peraonalconnectlon made èthical ¡_ with .sperlenood eo. 1IeId. 0/ tho wpnizaIioaL
between tomeo..1n the orpnizatiou and league. SO that practil:al strategiea c:an SpecIfy. Th. Inal task i. to
the newcaruer. Manuals. ethI.. codes and be cIevc1uped. Eo...."·..lo,. eollaborollw malstandanlsofbehayjo'i)r
weIcontln¡r'¡dootapeSwltltam--acfroro ~h to .!hies tak.. preosure 0J aIJons.euideUnn {or ana!ySsllld
. the "top' œn be extremely heJpful but only ouhld. enforcem.nt md GetelTellce mat1J¡g In IIISIIm 001. specified.
II tbq un: Pen and taIœD oerlout\¡l and ..- 8Dd draw¡ upon a coDectIoe co& IlalœtCnI& of the eØticaI values d prin-
accomponied by personal reiufurcemen~ stlelÍce to dIscow'age wroqdoJn¡¡: and cip1el1U>derlyln¡ Ibe ....dard. d ¡uld..
Dealtoe with LaWS and PuIIUe I!JcpeetIoo ~urage th. a!lirma6«\ ......... of .11I-
tlana: Law abidln¡riess ia a moral \mpent- 'Ice. The /10811. to c:reate an ethical e-ahure Inas. '.
tIw for persOIlS In gooemmeDl Then: \a where morale rests 'on obared - ~
DO «I"'r way to a fròut-laae aeaDdaI than for houor an~ duly and ,,~it Í8 dearly On¡olll&' educ:atiunal prograD16 ocœina
IIiolatlonl of Jaw, even tecImica1 ones. . UDIIfXePC8b1e tor 111'1 member Ii> place on iaa'"P,tIIn¡. reaaoIIÏnIf d e>ther
1hu8. ,II puok oIIic:ial. OIId aIaff must be teI~lnœreat above the ptbIie wot. To dodslon tnaIdna akilI. are vila! ts
educated about rck!VImL laws and polici... aŒOmp]i.h tbii. OIl. abould 1He stepII of an etlIiea program.
S\m¡JI)' providin¡¡ book\eto or IDIID11ÙO ie t/) ..161 the II'OU) bebIIId etbk:aI values. EducaliODa1 pro¡nme
aot enou¡h, few read them and fewer CIII 'ideIdib sitttaIKms in. wJlIch tholC mea attitudes8Dd conductœeð lobe
uncleratllld 1IIem wI1houL usistaIICe and are UkeIy 1D be teeted. and Iþ..¡¡y ¡uid. bb'more sophlatic:atedtluln tho
, clarl!!caIiOll, ; '!in... or approaehealòr dealllla: with can-
W}ille l'e'Ie'WIni these rules it Í8 itnpO.... IÌIOn hard choices.
tmt to _ the role and limltationa of ' uory. '!'be lint ' ,/IIitÌiøeI JouþIøð1I is haIderII Q{ IM}tneþ/J " F.
. eIIenW re¡ulatioll8 iaelucliD¡tbefactthat coJlabonltMowk ,10000000.torlltl~ÐllII/EIJ¡ÌI:<.Il_,t""lt
et!ùeo laW. do not _ 11I8111 areu of )s'ID .~i& ittdi- ' 6mMÞ ,._ .:'IÎØJI wItidt ø/.,ullúaù dedsIolt rukio pIIff$
. potential prublems and thalteduIi<:aI COOl' ,Yldu.l. wilhÎII ,iþrþflblk~,~I.,u-tJt},,,., 1JoI!flllÏll¡úþllb! .
pJInnce with law< i. neceaat7 boil not nJ. '1Ite entity .... _rlorV 1III/tW. Ethict: Eaaier Said ThaD DoI\e. FÞr un
WII11I enou¡:h. A person ean be dishon.... 'hlad thefndi. ...-.... tHI/:Id 1JoI1..,/I1II. at (21.'1) 3OtHB68.' $10 Walt¡ ,
br<=ak commitments. be anfaIr and U1I1IC- ',1ioÐI1 ethlcal ,St. s,,¡U 04. MIlrif14 dIl N.y. .0\ 90292.
C(II1IItabI. Without bRa\åD¡t Ihe law. . va1\Ies. One 5
'WPsnaIN CITY. MAltCIt 1989
.
,
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---------~--~--- - ----~--~~-- -------
.--.--^- ._,,---
DEC-2B-94 TtlU 14:1~ r~ NU, ~IOqqq~I~~ r.UUfUI
MOM THAN A Sf:T ()I' ¡¡u, ¡Cvo/inval)
. , 11) CODVeJ IaformatlOll. The
@ ,...., /0. 0. belllOreinlimateper'$Onal ,
, AUTOMATED -MAPPINGI /~ U 1betndilionaliectureap OUfIhtlll
..-{? GEOGRAI;'HIC INFORMATION SYSTEMS ~~:o::~ of Jar e::.s -= "
. ¡,... ': COIIUIJOn laues. A1thou¡b me chanles :
.MaplJ)ala COavenloia oÇoo/Bea.flt Anllysls C8II reIIUIt from iDsplratl 1IttChe.. l
'\ .' -Qn.sIWOft.slto Map MaiDt_o eS)'SIem ~OD ~....-m01liZÕDtormo izlÐBaboat J
. , . .,.... ethJcs IS not wry dective in cbangiС¡ .
.'1.,:'.,. -Projecl ~III :. .~~Ia~ ~~!!!!'_'-'-' atI~."," lWð behavior. III lunay be I
-User Nee.dt'Mal)'Si8 ~~tOáf"'gnmmJac COUIIterpraductioe If the ¡...ncti- .
..,_ ..oesfstoiií.í;vaiUetioa 11I14 T~n¡ . .TralllÌnc 'geÌttlttano ...... ,_ -- IIIODÎ011I or undu1y piOUl as Paul Gor-
,'\ ,". 1:,: 1-' I: .... :'; ....-.~j..._.-,..-....... III8I1lDdlWnDaMoaIdIn rbook.H01O
..:;:'.~......~.: .::...·..Our 'iòliitiôns pUt yÒu QIJ-tfíè map. . ~ Qu I Hflp?, ·No ....Iikes be should
.., :1'. .. .~._~::,:-:..:,. M . 1 :. \: t. :1 ........_.. Uftl'lft_-. ,".
')-"-é :;~~~:;~~ :;~-~~."','.'~ 'Consultants,Jnè;-···..· ;~X·~} ~:: ',.";¡~ ~~n;;¡¡' 0 ,
.' , ',", , '. . ,'...._"..'Cönsu1tants'to Govemme(1t Agencies AntIdpRIncUnlntended.....
_.~..--... . " A critical dimeooIOD of ethi eck1catiOD
1. Southern c.Uform: . . '~:W~~ ,~.!ll1_k·· IIhoukI focus OD the ability pen:eive Ja.
__.._. ....". ,1,)on.MJ!,ç·c,,~_,_,_·____,__,_,BiY~JQÍ(e__, -- 'tent e\lJltall_.-Much pproptlale'--..
16880 West Bernardo Drive 440 Orand Av~ue. Suite 207 conduet if _Jell by inseD 1M\)' 11) the
San Diego. CA 92127 Oakland. CA 94610 ethk:allmpliætionaofactlo and people
(619) 451-6100 (4\$) 893-4940 _"_ It'e otœn "blind 1Iid""" by 'nteqU-.o
they neither Intended nor aD dpated. Did
íormer AuomC7 G..end Ed Meese m
evaluate the sipIicsnce of '. on-eoIn&
~.,.¡thbi.tOOCIfJt d80bWaJ.
Sira 1946, Psomas has conlril>- Iach?When GaIy Hartmade decision to'
uted to 1he sua:essful ~h 01 iee Donna Rice In his W . n condo,
cldh.conoiderlh.rl.band Dsequen...
Callomla communitieS br Dliering to hi. œadidlq, hie family, . ayahtài-
~ Iullran\l: of unique selYiœ:;. ~ aDd hi. !"pportin?W apeakcr Jim
! WnghtthJnkin¡-dear1ywhen allowed.
Our capabilities ÌICIudC eocpertise I tuI1-IIw. IIIaffer III prepare a k IÐr ¡rl-
In 111111013 of: R..identlal AAd I =lkatIonand a55perœot
New CÐmmunityDeveq)men1;Non- ' Cooscioulnmit¡g m.te¡I shou1d be
. . employed III enbanœ the ab ity to antic:\.
AeslIenUal OMiDømenl; GD'I8II1- pate IDd evaluate the aDd moral _
menial Relations; IJQgI and AlJA ..... arlslnr from decl8io On.Impor- .
., taDtl11èthoden<O~th.d . œmalø:r
Su~ConstructØn SUMJ¡l1g; 110 II1Ia1yze Ifstematica1ly Ion makIn¡
~er;was_reranOlAJnicipal I opUonsllltumsorthufo tionedliat
We've Been. Helping Cities 'SeMcn;I~.Large.ScaIeSllveys ~::~~~.' in=
With This Piece Of Property For .ndCIt'fMappi~For~orelnfÒnna-' ,...d ~ f... oth.... law ið"?B't-
O F rty VB' , ' .c ' . purouit of excentne:e. aoco !ability IDd
ver 0 ars. Uon,çaUlnrOU! detailed IJI- I'O~thopublictntst.An 1hcrðJmoD.
coIDrtrochul!' aIonQfanaly8lscanbe_ht syalemaIio
, : c:ouideralion o{ how the d don will at·
~:tDi'~ 1Ín~ feet aD the variOUl etakeho ¡I'oupIo-
CI~... ...._..;.. the personnfliected by the sIoa.
... ,... .0..... ftIOOPWnc tIta c.u.s llaethlclll
11iwen1d17WI81-14Z1 Cancluct.ADathcrlevdof COMdour -
So...... Ø/I2I.7IIO nose involves _01+1.1"1 rIr.c:i' maIœrs
PSO..... As 10 the four factors !bat ~d ~e
~ eIhicallnstlncm: IIeIHn ..u.p.oleCo
doa,ælfdoceptlon and eas:
6 Fw CØIIIPle. rules Impoal I'ØSII'ictiOas
I,zAtm OF CW1'oRNIA Crrœs
/¿,,- g'"
_ ____._._....__,._ _ _ _ _____"~______ __._._.._.__.'. __~_____.___..__ ,. ___~_'_"__M .__,,__..~._~___.,._.__ ._.__._ ___,___._._
v¡,,;.v c;..", "''''I ~~~.... "',. ~IJ
..... ..-. - - ~ -
- .
,
on the receipt of sib. \oÞs or odIenrise Sell-Interest tends 10 dull one's ethical Ethlçll Cømpetende.
1awful money makiDa act!vitieS CI11 seem eenshMties. When penonaI iÞtefette are SeelnctheethicalllJ8Ues (~ .
oPPl~ and uafaIr, ~aI1y 1lI.1h0ee atotake,object!vityiaa!mottlm)1088lble. In ..-) and ~ tQ do the ri¡h thiÞc
""ho W- they baVe aIre8dy 1llalAœ1 sacÞ caleS, thcte is a tendency tQ -- (ethical ..,..."'ltft>enQ Is DOt etIII It to
theil'tlnanåa1weJl.be!D¡to _thelTsoy- wel¡h ¡ready the importaJlc:e on(\ mIsca1- m.ure ethical eøndw:t. TheIe Ia the
~eot. Sl11!luly, posl-anp1oyment!8wl ..,]ate!:he jutdific8tion forthe qucslloD&ble m.uer at 4DÜII ethic&, and eIbJca euIer
eeekiQII to rqu1atè the uee ofiDtlueøce on c:œduct. In IlUchcaae8, theethicaldcclsiDn I81d thæ1 done. To usure t!IAIl
bmc:r ..aclotee lDeI ...bonIidIM CIIJ1 JUIcer should leek counsel from aD onl· foDow 1IuvUlth on CIbical an
eewoereIy limit earning opportunJlies. The .slde objecllve voice. dfect\ve tRirÛD&' proeram ou hI to
pcn:eptlon~auch J'11!esareUJ11081Tl11œd, .' 0 De WIlY III inà'eM8 the lIkellbood elevelop ...el4IDhøce proDcietI of__
tIdmicaI and _leM intrUsions Into of volUD~ ¡ood faith com)U- IOnÏD& and problem IOiVÍQI ti.Il to
pñvate domains. even penoDal insults to a1JCII with es and.aclherenCe to ethical ecncIucL
1ntepÏt)'. is COJQIIIOD. AImed wUII d>eoe the "appeorance of Improprlety" tell Is to R.......rc and Jud&lnaat ~Is.
~. It becomes easier to dis¡uiee IIJ'ØSS the Þct that aU penons In public . Its prøaram ouabt to &eek to ce lite ..
- ae1f-!ntemt.as righteous iD~Gon ~eI lerllce Itzye lite oppol'l\ln!ty IØId Ø>Orol, IbI\Ity ':" MlaatI!.~ and make
"tod~/~cIf~ be,lievma that Itta o\>l!¡¡ation to aclvance thé im~~~" ,b,1Y, ,~b,1c predictions aboIII '!! likely.
, uatIIIecI to break or evade the law. penI11Ient.An etbicaDy-<:enttrepenon :conJlC:(u- of eleclalou. ~'
Govemm..,t emp1~$ em be tnCOUI" obould oonsciouslYadvocate and adhere ooereatimatelltecostsofbeÎllle callJld
led to anticipate these meIIons and to to b\¡b moral values IJId wil\in¡ly avoid uncIereotimole the co.. of com¡r liio,
,., IØIdentandJbat their raIIona\Itatloas are.. ,-ectIon.,~-'eopat<Iiæ -that lma¡e. AD. ethic8J valu...' For mmp1e, . d . '0111I
1>01: esoential1y different froll! th_ at any ethlcally<entered ,enon should under· whiCh involve deceII or..crecy 0 ere-
other penon who eels put upon by 111111>- ,\aDd II>at actions which foreeeeably ateco~ñoksthatllreDOt...... prw
just Jaw. Obeyin¡ IO'CIIIed cthioo \aoo$ is' c\arnJ81! public coandeoce are. for that er!y evaluated.
aimply part of the job. reason alone. Improper· ' :u
,
!
What is the Driver Difference?
..
Our eni-;e County 0/11", 10 our SpecIal 1IIsk Dl_
_ .poc'_lI_ In ~ bItoUonœIrIsk_
mont SrosnW lot pubBc ontilla ".. _II .. IIIio
Sp<do RiokDi-'!lldUÖlnss fonMrdtytlsk............
...""ovcr1O,..rsCOllll>\lled oxpaIau:e pua1ftll_1dncIs
oIIIJ..iIIdUII.. p<OS1'U'f 1opIII<r.
TheOronpCOUlIlyo/flCOaf the _'P. DrI_ c-pony.
......_ .......ple of TIoc DrI.... DU'f.........
i
41111 _ _ S..Ue2.1O . Nowpwt Be>ch,CA !126«)
(714) 156-11271 7
'W&:sTERN C'IY, MAltCR 1989
,:j¿-9
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v~v-~~-~~ IDu 1~'11 rn/\ nv.
òJ1V't't't;.llc..òJ I. ~II ~I
I
I
\
- ~II! ..... .. l... Dc..-...nl ~ ~ II\. RUSTEN ASSOCIATES
:fJiIW\.VJ¡Ei??§:jjf b C ,Jl...n-~·L--:: .......... c... ~ .
T.ca.,.c....,G-.......-."
, r~ t "" , . .. 0" · Ef.:'ft~..o::nl. OHU_I_g:,
· ,If'wf a;1:J:n'-~- .."
CO!U'ORA.'" O,I'JOI · .r.IO1J; .._or",
...... .._a.......... 0...._ ....... ... ."..... St. NW.. ... JIO. ~ D.(
..,~ hfM IfAcftI~ fØ) .....' ;
00i'0fII PIrIocrU a,ft_1JMlClll1IO 1150_ _ _....,..........C.
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Call todll)' to find out how JOu Gan take your plaoe In the
-' . ,Prof. H19n.1 ~rvlces Directory California city offIcla" consult
"\" 0 ;f"-~" "":J . /: ';' when they need help. COntact we$,~r"_c~" ,AØY!I,rt1s1nC . . -......, . "
Manager, Jehan FIC at (9 6)444-8960:' : ~ :7 /^~
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MOI/£ 'J'HAN A SET OF RillES cc..ø,....¡ fro.. "'1:' 7)
_~and Impiementltlon.An dishonesty Ind impropriety oJwayl cost, depend. 011 how one defines th UIC. An
ethics pro¡ram ou¡ht to _k to Impnm , cmplrlcalo~onsdoDOtoupportth- ethic:aDJ-arowsded penon' cannot
pro1låenëy in crèative. rOaIiatie problefti. ,_invariable_I.Ø-- ¡.¡w.IaIIylnthe . win by being cliehonesL di or untair
ao\vin¡¡ by\tacblnrmethodsot developing ! lIhort ruD. ; ~ore than OI1e can' reaDy a aoU
'¡temative solutlon....d me1bocl.oflmpJe. : As, a result. many fundamenlaDJ ~ ,match by cheat\nJr. !
mentln¡¡ them. Many public leCtOr p~ 'penons abandon the "Do unto others I
: eionaIi lsil to choO$t the 'hieh road" ~ :)'OII\'IIould have1hem do uølo yt>u· = T ltouehiUII8Yooundeo andnaM:
: caule th8l be1i_ that the consequence;. orth£ Golden Ru1ein/ailOrafmcn . : 10 the blllldly unbiIio $. the eJÌ·
or the ethical decillion are too cost1y. PrO- and pra¡tmatic CcrmuIetlona ouch IS 'Do ' during fact .. Ihat.. life ...
¡rams should provide 0InI~"'" and .... ,""'" other h~!bey do _ yOu.· , nobly IS one Ie able p-ovid the lIIoet
¡roaches thatwlllhe!psnetbic:allycolll1l1Ìl' No one wants to be put at a eompetltlve ¡ratIfy!ngsnd la1IÛ11¡ soun:e penooai
ted penon 1wId1e a matter 110 16 ID IIIinl- dlud..ntaat blxauseothmpll1 by dIIJer. fu1Ii11mtnt. And, <WI the side. It I.
miu or e1inûnote unclecired readts. , ,em Nles. ConAéqUl!lltly, 11I1I110 ethically M>tth rcmemberiDg thai eem and a
, InteCJ1ltion ,disposed publie oJIIcIaIs abandon 1heif rept!:oOOnforin1J!tl'ltyand are the
, F'1O&1Iy. a corup. d1eIlIive etbieI prognun hi¡!ler øpIratIono In favor of . more Inoot iDÌJOrt8IIt aæeIS one can .eo
abouJc\ incnrpcratl: c:rati.e deYices t* ,practical "fight lire with fire· philo.opby. : 1be lesson oC hIstDlY is IhaI cse wbo
zeinforce positive ethical bohmor and di.. ''IbIs launclenlaDdable bolt not mOJalb' u" bani decisicn.asoJ>POrtuni ...10 build
_,.. Improper conduct by lDc1udinc ., justifiable. -".., , their n:putadco. and chstIcler return
I..uee of ethical senSiti9llf ODd perl'orm- People Í11 pub\Ic Ie"",," who want 10 to 6ghl en oth.... boIt1úel !ten the
anœ in nsaultID¡, biting IDd Ø'ODIOUon be etbieIl. to 40 the ri¡!ll 1hÍ11I. must 8IrOngerfor their experieneea. _who
deo:islona. devëopln¡ means of acknow}. ~ up to the tIct thel they are ccas10D- auccumb 10 Ifmptatlon. braid or beD(\o
ed¡in¡andrewardlngethicllconductartd Illy II a dlaad\....tap In compella¡ with ingethlca1pinci¡t1esasnecessl _to
oanclioning unethical co.dud. un mIlllOCI' penons who are nO! çenetralned by demand.I01C sD claim w honor abdiut-
likely tø afteet decleIon ma1ån¡.snd estabo " elbic:aJ prlnc:ip1eol. , , In¡¡ thér mcn1 autonomy Ix> of
1iehin& methocle of eommunJca1icn. and . Somtlimes the d\sadvSnlale Is IC ¡real \o1m' aspIratico1I and
diteullÎOn cI ethical prob1emi and __ Ihal h cannot be Øf«CO~ 1IDIen one FInally. It ÌII Importatn lID
¡ItS for deallngwllh them. oink, 10 Iho level ofOD oppontftt. In ouch individual aeœ oflDOJ'l! CO
AneSÐeda11JdlfDwltthiniahoutablc\in¡ esses. moraIliottItude il te8b!cI, an4. U waated. Each InstaneI! of
by tradilional ethical principles is knowing oaels temPt£4 to adopt the mcn1 <vde ofa provid.. a 1astill! exam¡>1e
that exerålinr pno.w reaInInt cnmo"t dilbonorablc adverurY. It Is .-e 10 ...4 iIIspire& It often
IfOIIJIdsdoes nctenaurethatothers1l1lD do rememberIJ1y1'omlln'eoblemtioo:-rbe n:eoJvc: of othen and in ...0 tho
Bkewlso.11I faI:1, It 10 very likely lbauome troubloo willi the mrace II ,that even If yt>U Uke1Ihood that they toe 'IIi\l cltoose to
will exploit moral inhibitions or others, '1IIÍn, yuu'~ IIiIII rat.' ' do what i. right 1'IIth0J' ..hat II
ma\cin£ the IO'UpU1ou8 wInerabIe 10 the 'In more1 terIœ, It Is beÞ.erto·lÖsethan io expedient - lIIIybe DOt time. bùt
un""""puJ0':'1': uaificc in!ef:rib'. One cannot IW'II moral more often. C.JoltPA- IWI9.
36 A1thou¡!l il18 comforting' to believe thlt commilmtDt on and off 16 It oWI81he Ihu-
hOllCeIy ...4 cthice o!wnyo po' ...4 that &lion. What 0111 Ie .,,¡)in¡i 10 do 110 "win' .
l..EJIQÆ or CAJ,I1I'ORN1A CmES
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---~-- .'._____ _ __.__.u..~__________
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"
December 8, 1994
TO: The Honorable Mayor and city Council
FROM: John D. Goss, City Manager~
SUBJECT: Request by the Board of Ethics to Procure Services and
Sponsor a Workshop on the principles of Public Service
Ethics
I have had basically less than one day to review a report, and then
a subsequently revised report from the Board of Ethics regarding a
"Request for Authority to Procure Services and Sponsor a Workshop
on the Principles of Public Service Ethics." I did have an
opportunity to conduct a couple of reference checks regarding the
proposed consultant, and have obtained other information that may
be useful in the city Council's deliberations. Also, there are
policy issues which are presented below, which you may wish to
address in deliberating this issue.
Before commenting on some of the policy issues which are before
you, let me say that training in ethics could be very beneficial to
the city and to the community. In discussing the matter with Mary
Grover, the Ethics expert with the International City Management
Association (ICMA), which is the city managers' professional
association, she makes the valuable point that a discussion of
ethics at the City government level can have a beneficial ripple
effect within the community itself. It was suggested in the report
that other entities possibly could be involved, such as nearby
cities, water districts, the school districts, and even the'Chamber
of Commerce, to help spread the cost. How this would tie into the
consultant's needs assessment, however, would need to be
determined.
Some of the issues which you may wish to consider regarding this
recommendation are as follows:
. Cost and Other Trainina Occortunities
As you may know, the city's overall training budget has been
unfortunately reduced because of understandable budget
constraints, and has focused on tangible results type of
training, such as customer service, cultural diversity,
general and sexual harassment, etc. Since I have had a very
short period of time to develop information to assist with
your consideration of this report, it probably would be
worthwhile, and it is recommended. that Council reauest staff
.
Jb~//
---~--~.--~.__._-~_._--_.._-_._--- ~---.-."_..._"-_.-- ".---.-------------.. ..-..-.-..-, - .--
_ to identifv other desirable. but deferred. trainina
opportunities. The purpose of this is to provide the City
Council a full array of training choices, given the City's
limited resources, similar to what occurs during the budget
review process, where information about all city programs is
presented to the city council when it makes its decisions
about the city budget.
The other issue is the expense itself. The report from the
Board recommends that $10,000 come from the unappropriated
balance of the General Fund for this purpose. It is suggested
you may wish to consider, and it is herebv recommended that
this be referred to staff to identifv other possible fundina
sources for this trainina. such as the citv Council
continaencv fund.
. Purpose of Trainina
The purpose of the training is described in general terms.
However, you may wish to consider, and it is recommended that
this be referred to staff to determine what the citv would be
aettina specificallv from this proposal. It would be
worthwhile to see a specific proposal from the Josephson
Institute, learn specifically how the needs assessment would
work and how the one-day program would be tailored to fit
Chula vista's needs.
. Is This the Riaht Consultant?
The report from the Board of Ethics suggests, although it is
not specifically recommended, that the bidding process be II
waived and the Josephson Institute of Ethics be utilized for
this training. You may wish to have further reference checks
performed for work they may have done with other cities. A
copy of their cassette training opportunities indicates
training has been performed in education, non-profit agencies,
law enforcement, etc. It is assumed that the Josephson
Institute of Ethics has had a wide range of experience in
providing these types of seminars.
While I have been unable to talk with the appropriate person
with the county Department of Human Resources in connection
with the Josephson's presentation at the County in 1991, they
did leave a message that the one-day session was an excellent
one. Also, Mary Grover, ICMA Ethics Advisor, attended a
three-day session, presumably the "training of trainers". She
felt it was very well done and further felt there were not any
other firms providing similar services. Her only possible
negative comment was that Josephson has a lot to cover and, as
a result, does not invite or involve much interaction that
would normally be part of an all-day training session,
especially involving elected officials. other than that, I
would concur with the Board's suggestion, although it is not
specifically recommended, that the bidding process be waived
I ¡, - / .:;.,
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and that further work in developing such training with the
Josephson Institute, if the Council feels this is a spending
priority they wish to pursue.
· Should the citv Council Enaaae in a Visionina and Mission A:
Session Prior to Such Trainina? I
Assuming that the city Council wishes to pursue such training,
one thought would be, and this may be especially helpful since
there is now a new Mayor and a new member of the city Council,
to engage in a goal-setting, mission-setting and vision
process in advance of such a session. The City may get more
value out of the ethics process, according to Mary Grover, by
so doing. Since an ethics discussion really has to do with
values a number of individuals bring to the workplace and to
the policy dais, there may be a need to discuss where the City
is going, identify the values that each of us bring to the
policy arena or to the workplace before engaging in this
discussion of values and ethics. I have no specific
recommendation on this item at this time, but it is an issue
you may wish to consider.
· Should Attendance at the Session be Voluntary?
On Page 2 of the report, it is mentioned that there should be
mandatory attendance by the Mayor, City Council members and
appointed City officials, and that is clearly up to the city
Council in making that decision. Later on, on Page 5, it
mentioned that it might be desirable to include voluntary
attendance of all Board and commission members. This, again,
is obviously the City Council's call and Mary Grover did
suggest that it might work better, with Board and commission
members, to offer a special invitation rather than making it
mandatory, since clearly not all of them would be able to
attend a one-day session given business and personal
schedules. Regarding staff attendance, I think this is an
excellent idea. It is suggested to the City council, and it
is herebY recommended that staff attendina this seminar. if it
is approved bv the city council. be chosen bv the city manaaer
for those he feels most appropriately would benefit from this
trainina once the more specific aoals and ob;ectives are
determined.
· As a Cost-savina Measure. Would it be Better to Have OnlY the
One-Day 'Seminar and not Provide the Three-Dav "Train the
Trainer" Seminar for Follow-Up Trainina on the Part of the
city? .
It is suggested to the city council, and it is herebY
recommended that if the one-day seminar costina $6.500 is
approved. the follow-up specialized instruction to train a
trainer in-house also be approved ($1.650-$1.900\. In my
view, this is probably the most valuable part of the program
and one that would provide follow-up and continuity to the
/1,-/;1
--.---..,----.---- ------,----"-------------~-_._--'-_._._._---_.__._---_.---,--.--.
initial training. That is one way to ensure that the
investment of $6,500 in the initial workshop is not lost.
Further, it is anticipated that this would not be a new staff
position, but would be a city staff person designated by the
City Manager to assume among their regular duties the
responsibility for fOllow-up training. This very well could
be the training officer or some other staff person who would
be determined to do this follow-up work.
SUMMARY AND RECOMMENDATIONS
Obviously the Board of Ethics has done a lot of work in developing
this training proposal and they are to be highly commended in this
endeavor. It is my belief, also, based on one or two quick
references, that they have probably identified the best trainer in
the state, and possibly the country for this proposed training.
Finally, while ethical behavior is not perceived to be a problem
within the city of Chula vista, it can be an opportunity to build
for now and in the future positive ethical behavior as well as
becoming clearer upon the values upon which decisions are made and
actions are taken in the city.
In connection with the report that has been presented so far by the
Board of Ethics, and to summarize the recommendations identified
in the paragraphs above, it is recommended that:
~ staff be directed to identifY other possible fundina sources
for this trainina other than General Fund reserves. such as
the city council continaencv fund.
~ This proposal be referred to staff to determine more
specificallY the content of the proposed trainina.
2L ~~~ st~ff attendina this seminar. if it is approved bv the
. v c uncil. be chosen bv the city Manaaer to best match citv
iobs with this trainina once its specific content has been
determined.
.L. I~ the one-da~ seminar costina $6.500 is approved. the follow-
u specialize instruction to train a trainer in-house also be
approved ($1.650-$1.900).
JDG:mab
cc: Board of Ethics
City Attorney
II, -I{
__..____.._______ _ __<______..._" _.______..__.___~______._.___._.____._"'"_.____ __ _____. .__.__.___~___...__m_
CITY COUNCIL AGENDA STATEMENT
ITEM / ç
MEETING DATE: 12/13/94
ITEM TITLE: Request for Authority to Procure Services and
Sponsor Workshop on Principles of Public
Service Ethics
SUBMITTED BY: Board of Ethic~ Ì\
CONCURRED IN BY: city Attorneyi~
4/Sths Vote: Yes-X--No__
Chula vista's Code of Ethics sets forth guiding principles as
expectations for the conduct of public officials of the City of
Chula vista. The Code is intended to serve not only as a standard
for those officials to whom it specifically applies, but also as a
manifestation of those principles we advocate for the city of Chula
vista.
In establishing both the Code and the Board of Ethics, the city
council signaled its commitment to ethical practice. However, as
government becomes more complex, and as the decision-making process
includes participation by a wide range of citizen-volunteers, the
Board of Ethics believes it is now time and appropriate to conduct
an organized program to address issues of ethics in government.
Experience as members of Boards and Commissions is often training
ground for new Council persons. Moreover, it is essential to set
standards of ethical conduct for all participants in the decision-
making process, and to communicate the expectation that ethics is
the foundation of good government and integral to the public trust.
The Chula vista Board of Ethics formed a subcommittee to
investigate resources and costs, and to propose a format and
support budget, to provide training in the principles of public
service ethics to members of boards and commissions, to city staff
who work with boards and commissions, and to the members of the
City Council, and to the public officials they appoint.
On report back from the subcommittee, the Board of Ethics proposes
the following:
1. Provide an overview of the basic principles and requirements
of the Conflict of Interest provision of the city Code and the
Fair Political Practices Act, and the related statement of
Economic Interests.
~ /¡, -/>
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Meeting Date: 12/13/94
Page 2
The Board of Ethics recommends that this overview be conducted
by the City Attorney at the Boards and Commissions Workshop
already scheduled January 26. The Board of Ethics further
recommends that this presentation be approximate:"y 1 1/2
hours, including questions and discussion, and follow the
general format used by the City Attorney during his
presentation of the "six Elements of Conflict of Interest" to
the Board of Ethics at its meeting September 12, 1994. The
objective of this session will be to introduce and explain
concepts of Conflict of Interest and to give Board and
Commission members the information and technical skills they
.need to perform the tasks they have sworn to do.
Cost: None
2. The Board of Ethics further recommends that the city sponsor
a fUll-day training workshop to be presented by training
experts in the field of public service ethics. The purpose of
the workshop is to explore the underlying principles of ethics
and the development of conduct and guidelines for use in
government decision making.
The Board of Ethics recommends that the fUll-day workshop be
held prior to City budget hearings in 1995. Mandatory
attendance by the Mayor, City Council Members, and appointed
City Officials is integral to the success of th~ project.
Your overt support by full attendance will communicate your
commitment and will in large measure determine the degree of
ultimate success and acceptance.
In addition, the Board of Ethics recommends participation by
the following officials for a total of approximately 100
participants:
Chairs and Vice-Chairs of all city Boards
and Commissions 70
City Department Managers 15
Selected other city staff whose duties relate
to b/c/c's -12
100
The Board of Ethics recommends that the City of Chula vista
engage the Josephson Institute of Ethics, a non-profit
organization that specializes in public sector ethics, to
present this workshop. The Josephson Institute provided a
workshop for the County of San Diego in 1991. A copy of a
descriptive brochure is attached. "JI seeks to enhance the
ethical quality of organization conduct by teaching and
~ /1, -/¿,
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·
Meeting Date: 12/13/94
Page 3
inspiring leaders to: identify the ethical obligations and
opportunities arising from their positions; systematically
consider the impact of institutional actions on all
stakeholders; and create organizational cultures which
encourage ethical conduct." Michael Josephson is the author
of Makinq Ethical Decisions, Ethical princiDles and Values of
Public Servants. In 1990, the Josephson Institute published
preservinq the Public Trust: PrinciDles of Public Service
Ethics - Standards of Conduct & Guidelines for Government
Decision Makinq.
Cost: $6,500 includes needs assessment survey and fUll-
day workshop for approximately 100 people,
including materials. In addition, costs estimated
not to exceed $250 will include one night's lodging
and travel from Los Angeles for Michael Josephson.
The Board of Ethics suggest a budget of $500 for
refreshments.
3. The Board of Ethics further recommends that the City secure
specialized instruction/training for one designated city staff
member who will then be on call to provide continuity of
training content in refresher and/or topic-specific training,
including:
0 New Chairs and Vice-Chairs and Boards and Commission
membership changes;
0 City staff assigned to Boards and Commission, as staff
assignments change over time;
0 To provide ethics information and training to a wide
range of city employees;
0 To be on call to the Board of Ethics, Councilor other
Boards and Commissions to provide updates and refresher
training as requested;
0 To provide research and develop information as new ethics
issues evolve; establish a city ethics resource library,
and to develop a network with other public agencies
engaged in similar activities.
COST: $1,650 - $1,900 for three-day train-the-trainer
seminar, plus travel, lodging and per diem. See attached
program description.
~ ¡¿'''}7
----.---.....,...,.- -.--.,..--......-..--.----.-,--..---.- - ---,-....-.---.- _ _____ _ ~__n__...._..~~___~_..______.__..__ __ _____~__._.
Meeting Date: 12/13/94
Page 4
BENEFITS:
By sponsoring and supporting the activities described above, the
Chula vista City Council, and by extension, the entire city, will
demonstrate a proactive approach to issues of ethics and will
establish the City of Chula vista as an innovator in this field,
generating recognition for proactive efforts by public officials as
well.
Our city officials will be able to cite Chula vista's investment in
ethics training as a standard of expectation for all our public
officials -- elected, appointed, and volunteer.
Further, such activities will give members of the City's Boards and
Commissions, the City Manager and City staff more tools to use when
engaged in the public decision making process, and ultimately, more
confidence in the quality of those decisions.
Finally, the proposed program will provide an opportunity for our
elected and appointed officials to engage in dialogue on this
topic, absent specific problems. Thus, we will be able to develop
a common understanding of the issues, the terminology, and identify
the best methods to solve problems when they ultimately do present
themselves.
The Board of Ethics requests Council approval to proceed with the
development of a training program as described above, to be
scheduled in the first quarter of 1995, and to authorize the
expenditure of up to $10,000 to procure the services necessary to
present such a program.
JURISDICTION TO REPORT
The Ethics Board has evaluated whether this report (i.e.,
recommending that the Council consider and implement an ethics
training program) is within their jurisdiction. The Board feels
that this matter is completely within their authority. In
addition, they have solicited the opinion of the City Attorney in
this regard and his opinion is attached hereto.
Concern has been expressed that the Board of Ethics may, by this
report, be attempting to exercise the power of investigative review
over ethical behavior conducted by non "covered officials" (i. e. ,
City staff). It is the declared intention of the Board of Ethics
that nothing in this report is any effort towards that end.
Some of our members may believe that such authority should be
extended to our Board. Others believe that while they don't want
~/6 -I?'
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Meeting Date: 12/13/94
Page 5
investigative authority over staff behavior, they feel that the
ethical standards the set for Covered Officials should apply to
staff. This may be the subject of future recommendations. But
this report is not designed to constitute, in any way, a review of,
or obtain the power to review, the ethical behavior of city staff.
It is hoped that one of the collateral consequences of ethics
training is that ethical considerations be brought to the forefront
of decision making, not only of covered officials but of all City
staff.
SOLE SOURCE PROVIDER
The Board of Ethics Subcommittee assigned to this task researched
various provid.ers and interviewed at least two--the Josephson
Institute on Ethics, and the UCSD Extension School. The Josephson
Institute is obviously the more expensive of the two providers, but
after having interviewed the two providers, the Board Subcommittee
and the Board felt that it was much more cost justified based on
the content and delivery of information.
Therefore, they believe that the recommendation is justified and
that the Council should waive the bidding process on the basis of
this investigation. However, in the event that Council feels the
need to demonstrate greater cost consciousness in this regard, they
may desire to direct staff, in conjunction with the Ethics Board
Subcommittee, to solicit other and additional providers.
Furthermore, the Council may wish, if its more cost palatable, to
make the attendance mandatory for those specified in this report,
but invite the voluntary attendance of all boards and commission
members and all staff and invite contributions and attendees from
other local public agencies. Council may wish the Board or staff
to contact National City, Imperial Beach, Coronado, city of San
Diego, Otay Water District, Sweetwater Authority, Sweetwater Union
High School District, etc. to see if they have any interest in
sending attendees and contributing to the cost.
Keep in mind that the presenter's cost does not vary with
attendance so that the more attendees, the more cost efficient the
$6,500 becomes.
BOARD/COMMISSION RECOMMENDATION:
The Board of Ethics recommends that the city Council approve the
proposed ethics training proposals herein set forth, and direct the
city Manager and Board of Ethics to cooperate in the implementation
thereof, and appropriates $10,000 therefor from the unappropriated
balance in the General Fund.
~ I¿ -/9
-- ...... ---_.._._.~._~._..__..._... -- .'. ... -~"---_. .--- - .-----.----...---.-..--- ~-,.. ..-...._.-.-.,--,-.~- - ----~._~, ~--_..,_.._"'--------_._-
·
Meeting Date: 12/13/94
Page 6
FISCAL IMPACT: Approximately $9,150 - $9,700, depending on
selection of train-the-trainer site. Appropriate $10,000 from the
unappropriated balance of the General Fund reserve to Account 100-
0114-5221-
WHEN WHAT HOW HOW MUCH ATTENDEES
LONG
1/26/95 B/C/C 1-1/2 $0 B/C/C Membera
Workshop hours
To be Workshop Full $6500 Joeephson 100 B/C/C
scheduled Day 250 Lodging Chairs & VCs
Spring 1995 500 Refreshments Dept. Heads
15 other
To be Ethics 3 days $1900 Selected
scheduled Advisor Trainer
first half of Training
1995
Expected costs $9150
Recommended $10,000
Budget
c: \ethics\workshop .113
~ I~ -.20
--~-~--~---~------_.------_.__._~..._--~-_.._--_.._.,- .......-..-......- ----
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---
CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date: December 7, 1994
To: Hooombl, M,yoc >0' C",," ߣ
From: Board of Ethics and City Attorney
Re: Jurisdiction of Ethics Board to Report to Council
Ouestion Presented:
Is the proposal from the Ethics Board, attached hereto, recommending that the
Council require mandatory ethics training. an improper or illegal attempt by the Ethics Board
to extend their jurisdiction beyond that granted by the Coullcil in their enabling ordinance?
Answer:
No.
Analysis:
The notion thai jurisdictional authority may have been exceeded is grounded in
Section 2.28.020, which reads:
"This Chapter' shall apply only to members of the Chula Vista City Council, City
Manager, City Attorney, City Clerk, board members and commissioners, as well as
to ex-City officers who were subject to the Conflict of Interest Code. ,,2
It has been suggested that the implication of this passage is that the Board of Ethics
has no jurisdiction to suggest to the Council that the Council require a non-covered
1. The reference to "this Chapter" is the entire Section 2.28 which estahlishes the Ethics Coue, creates the
Board of Ethics, and as~igns to them certain duties.
2. For reference pUlpO«S herein. ch.s. id.ntiti.d persons should he retÚroJ Co as "Cover.d Officials," No
staff are included in this group other chan the City Attorney, City Manager. and City Clerk, hy in'entlOnal
design of the Council passing the ordinanL'è.
~ ¡¿-,I!
276 FOURTH AVEiCHULA VISTA, CALIFORNIA 91910(619) r¡c! '¡IJ'"
"-_...~---"--"- _.__.._~-------_.... .-----.-- . .._--~.__._---~--_.~..-
Honorable Mayor and Council
December 7, 1994.
Page 2
employee--i.e., Department Heads and staff to Commissions--get mandatory "ethics train-
ing", or that there be a staff person serving as an "ethics" omsbudsman.
The Chapter creating the Ethics Code and the Board of Ethics gives the Board the
following specific powers:
I. Investigative Power. The authority to investigate and commence accusatory-
lype hearings of unethical behavior committed or allegedly committed by
Covered Officials, and transmit those findings and recommendations to Ihe
City Council. 3
2. Advisory Power. The authority to issue advisory opinions to "Covered Officials. ,,4
3. Section 2.28.090 provides, in part, as follows:
11 shall be the function of the Boaru of EthicS to implement the Coue of Ethics auopteu hy the Council
for public oftïeers and employees. The uuties of the Boaru shall he:
A. To receive or initiat~ complaints of violations of th~ Cm)e;:. of Ethics. All complaints shall be sworn
under penalty of pe~iury anù shall be in writing, containing full allegation of facts which would
constitute a violation of the Coùe. All alleged violations must he suhmitted within sixty (60) days of
occurrence or when it should have been discovered with the exercise of n:asonahle ùiligt:fice.
Justification for any dday in filing complaints is the rt~~sp()nsibility of the complainant.
For board action; complaints conc~rning undhical patterns of hehavior mu:-;t he r~ceivèd by th~ Board
within sixty (60) days of the most recent event comprising the pattern of hehavior complained of, or
within sixty (60) days of when the last event shoulu have been uiscovereu with the exercise of
reasonable diligence.
The Boarù will, in its ùi:-;l'rdion, limit the pattern of ht:havyior to those eVents the Board fet;ls aft::
proximatdy rdated in time to he a part of the same pattern of hehavior.
B. To hear and investigate (.;omplaints and transmit the findings and recommendations to the City Council.
4. Section 2.28.060, Advisory Opinions, provides as follows:
"When a Councilmemher or other official has uouht as to the applicability of a provision of this Code
to a particular situation, written inquiry should he made to the Board of Ethics for an advisory opinion.
Said person should be guided hy that opinion when given. The Councilmc.::mhers or other officials shall
have the opportunity to present thdr inkrprdation of the facts at issue;: and of the applicahle provisions
of the Code before: such advisory de.cision is made. "
Further. Section 2.28.090. "Duties of the Boaru", Suhsection (c), pf<>VIues, in pertinent part:
(continueu,..)
~ / ¿, "'.).:J-.
CITY OF CHULA VISTA
---_._--~.._-_.~-_. _..~_...._."-----~-~--~_._~._.._------_..._- - ---------_.._._.__...__._~-_.._-.. ----.....-..--
Honorable Mayor and Council
December 7, 1994
Page 3
3. General Recommendation Power. The authority to make recommendations
regarding ethics in general to the City Council, including code revisions5 and
other matters relating to ethics.6 Even if there were no specific or explicit
authority to make recommendations to the Council, it is clearly within the
implicity authority of any advisory body to communication to their appointing
authority.
In reporting 10 the Council and in making the recommendation in the attached report,
the Board of Ethics is exercising its jurisdiction under the third power conveyed to the Ethics
Board, i.e., the General Recommendation Power.
The Board's jurisdiction under the Third Power, the General Recommendation Power,
is not limited to Covered Officials as is suggested. It is unlimited in scope except that it
must deal with ethics and city behavior. Such an interpretation is required despite the
existence of Section 2.28.020 in order to accomodate the simpelist of communications
4. (...continued)
"It shall be the function of the Board of Ethics to implement the Code of Ethics adopted by the Council
for public officers and employees. The duties of the Board shall he:
.. .
C. To fenùer aJ\'isory opinion~ or intc:rprdations with ft~spect to the application of the Code,
either on r~uest Of on its own initiative."
5. Section 2.28.090, Subsection D. provides as one of the duties of the Ethics Board:
"D. To propose revisions of the Cooe to assure: its continuing pertinen<.:e and dltX:tivt:ness. The
affirmative vote of five (5) memhers of the hoard shall he necessary f()f it to find conduct to
be unethical. "
6. Section 2.28.080. "Purposo" provides, in toto:
"It is the rmmose of this So,lfd to advist' th~ Citv Count'il oftlw Cilv of Chula Vist'l on all mailers
fdatÎot! to ootè'nlial undhil'al \..'ondm:t and to make sUi.:h l1t'l:essarY and annronriótk f.xommenJations to
the City Council for the imnlèl11entation of th~ ('od~ of Ethics and am~ndm~nts th~r~to. which may
become necessary from tim~ to tim~. This Board will SèfVè as a h~afing hody on all such matters and
shall render impartial and ohje"tive opinions anJ insure that those "overed hy Ihis ordinance are
appropriately informed. "
~ /¿,-.2J
CITY OF CHULA VISTA
__________..___"..__"_~_··,·__··__.~___·~__m...._..·__...____.____ ___.___
Honorable Mayor and Council
December 7, 1994
Page 4
between a Council and one of its Boards.7
Conclusion:
Therefore, Section 2.28.020 must be interpreted to mean that the Board's
Investigative Power and their Advisory Opinion Power is limited in its scope to Covered
Officials and does not include general staff, bul that it may make recommendations and
suggestions to its appointing authority regarding ethics without any such limitation. In
essence, Section 2.28.020 is implicitly interpreted to read:
"The investigative authority and advisory opinion authority granted by +!his Chapter
to Ihe Board of Ethics shall apply only to members of the Chula Vista City Council,
City Manager, City Attorney, City Clerk, board members and commissioners, as well
as to ex-City officers who were subject to the Contlict of Interest Code."
The recommendation being made here by the Board is not that the Board mandate
attendance of 30 general staff, or even 70 Covered Officials, at an ethics meeting conducted
by the Ethics Board, but that the Council mandate such training and attendance for the
purpose of instilling an "ethical conscience" among staff and Covered Officials.
Alternatives:
Please be advised that the Council may, of course, disagree with this interpretation of
what they, or a prior, Council may have said or intended in their codes and ordinances.
Upon such a difference of interpretation, the Council's desire will clearly control over the
City Attorney's interpretation. If the Council believes that a City Attorney's interpretation of
words used in an ordinance is incorrect, the Council should so advise the City Attorney to
direct a revision of the language to achieve the desired meaning.
If, for example, the Council desired to prevent the Ethics Board from making
recommendations of the type made here--for ethical training and cthical ornsbudsperson of
City staff, the section could be rewritten to provide as follows:
"This Chapter The Board of Ethics shall limit their investig:ative authorily. their
authority to give advisory ethical opinions. and their recommendations with regard to
revisions of this Chapter. and all other advisory matters. shall apllly sRly 10 members
of the Chula Vista City Council, City Manager, City Attorney, City Clerk, board
7. All Boards have been giv~n the authority to l.:ommUnicatè dirèctly to Council hy virtuè of a recènt
amendment to the Muncipal Code a:-;:-;uring thèm of a Spè\.:itic spot on thè Council 'lg~nJ.t.
~ 1~',2(
CITY OF CHULA VISTA
_ _____··_·m__'___.~·.._.,.____ _.____"_'"____.._~_._.~___._._.._,._..,_.._. ',' 0'_.._". .._--"-,--_._--~_._--_._._----
Honorable Mayor and Council
December 7, 1994
Page 5
members and commissioners, as well as to ex-City officers who were subject to the
Conflict of Interest Code. "
If this is the desire, please so direct the City Attorney to bring back the appropriate
revision, perhaps after review and input from the Board of Ethics.
Non-le~al Opinion Advice
It would be my recommendation against such a change of language. Such language
would essentially defunctionalize the Board of Ethics. The proposed language would prevent
fluid communication between an appointed Board and its appointing authority--the Council.
The proposed language would prevent the Board from giving suggestions such as the current
one.
I would also like to advise that I think the current proposal is a good one. II
essentially says: A proactive approach to ethics in government is good for the City because
in the long run, it could prevent individually embarassing moments down the road for our
government and its participants. Training our City representatives, in a protected and
controlled environment, to deal with ethical dilemas, proactively equips them to deal with
real life ethical dilemas in a way that is good for their own career and for the public image
of government in general.
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clrv OF CHULA VlsrA
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January 17, 1995
BOARD OF ETHICS
RESPONSE TO REFERRAL NO: 2944 - PUBLIC SERVICE ETHICS WORKSHOP
1. Alternatives J.iI1iio¡¡iger recommended by Board of Ethics:
Clearly, the Institute is the premier provider of
public service ethics training nationwide, a fact confirmed
by the City Manager's memo to City Council dated December 8.
".. .Mary Grover, ICMA Ethics Advisor attended a three-day
session...she felt it was very well done and further felt there
were not any other firms providing similar services."
Mr. Goss' December 8 report recommended that "the bidding
process be waived and that further work in developing such training
with the Josephson Institute proceed if Council feels this is a
spending priority they wish to pursue."
that leads us to funding:
2) We all make choices every day. The choices you make as elected
officials reflect your values and commitments. Your decision to
fund the very best available ethics trainers for our City will
signal your commitment to the practice of ethical behavior, and to
the expectations you wish to place on the work done for the public
benefit by our boards and commissioners. There just aren't any
, cheap alternatives here, as well-meaning or as helpful the other
providers might be within their own narrow professional milieu,
such as law, real estate, or whatever. Presumably, you expect our
work to reflect highest ethical standards - please allow us the
opportunity to experience the acknowledged experts.
We urge the Council to consider not only the quality of the
training it will purchase for the benefit of the volunteer
Commissioners who give so much to make Chula Vista a truly
participatory democracy, but the public confidence in you as
leaders that will be generated when you make ethics training the
highest spending priority.
You might also consider other hidden "costs" of choosing a
cheap alternative. City staff will be committed to considerable
time in oversight and development with a neophyte provider. On
the other hand, Josephson is prepared and will not require staff
services. Moreover, ci ty commissioners may become bored or
disappointed after investing time in a "second best" presentation.
and finally,
3.) Who should attend?
The Board of Ethics proposed the Josephson Ethics Training as
a theoretical and skill-building session for member of Boards and
Commissions. The ~ "Mandatory" requirement was one we asked
/h ----~ ')
_~_._______,___,_."'_.__._.._,~~___..__..___,_,_ _..___...__..____m _"__ ______________.."__.______._
Council to put upon itself and the three officials you appoint~ aè
a commitment to the importance of Ethics. (Item 15-8 Page 2, Number
2, Paragraph 2.) We also believe that Council would generate great
public relations benefit for the City and for itself by such a
commitment.
The Board of Ethics' jurisdiction includes Mayor and Council,
City Manager, City Attorney, City Clerk, and Boards and Commission
Members. We do not intend to force anyone to attend anything.
However, it is logical to conclude that if the primary audience for
the training is composed of City Commissioners, then the City staff
who work with those bodies ought to be included. The City Manager
may come to a different conclusion and may wish to involve other
staff -- that is his prerogative. We believe, however, that our
recommendation is proper and logical.
CONCLUSION: The Josephson Institute will provide the training
and information to help us "Establish an Environment that Fosters
Ethical ~t." We urge you. to help us make that a reality fOF
our City ~tt~-tö ~~
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,
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REPORT ON ALTERNATIVES FOR PROVIDING TRAINING ON ETHICS IN
GOVERNMENT SUBMITTED BY DIRECTOR OF PERSONNEL FOR 1./1.7/95 CITY
COUNCIL MEETING
Comments: From Jerry McNutt, Member, Board of Ethics
Recommendation 2
Do not support referral to Board of Ethics for evaluation. Council
should make decision now.
If referred back to Board of Ethics, will the referral impact the
Josephson Institute "Train-the-Trainer" training to be held in
washington D.C. (no other individual/entity being considered has a
train-the-trainer program).
Discussion:
Taping of Josephson Institute presentation by Ace Video would ,allow
more mileage to be obtained by the city from the presentation. The
mayor/city manager could tape a preamble to selected segments of
the training presentation and then utilize the video in future
ethics training by the city's train-the-trainer.
Saul D. Klein:
Cost of this presentation is approximately 46% of the cost of
Josephson Institute presentation.
The $3,000 does not include the cost of "several hours of staff
time" to coordinate and plan the training. Training to be provided
appears to be one of conveying ethical information vs one which is
designed to affect attitudes and conduct by focusing on issue-
spotting, reasoning and other decision making skills.
Klein's client list does not include any public agencies (local,
state or federal). -
Would Klein provide attendees with a training booklet like
Josephson Institute does? Who would prepare, edit, print and pay
the for cost of the training booklet?
Combination of Attornevs:
This training should be considered as "additional training". It
, appears some of the training would repeat what is being presented
~ on 1/26/95 Boards & Commissions indoctrination program by the City
Attorney. Secondly, this type of presentation is more
informational and legalistic in nature and would probably address
the impact of the Fair·Political Practices Act and the Brown Act
(incidently, these subj ects are not covered by the proposed
Josephson Institutet~aining) on public servants and public
agencies respectively. I rather doubt that his type of training
would address the moral environment that is necessary to foster
/ ¿ ,;2 /
__ ~__"__"'_________'__'_'__'____'_.,."__'_________.____u._________._...____.___ ___ __, _________~_________.___________
ethical conduct in a public agency/servant setting. Because
something may be legal does not necessarily make it ethical nor
address the problem of public perception.
Fundinq:
council should make a decision to fund the training effort
irrespective of other public agency participants. other public
agencies desiring to participate would only lessen the cost.
Need quality presenter with solid credentials if we are to get
other public agencies to participate in this endeavor.
Additionally, the training should be relevant to a public agency:
address the moral environment that his necessary to foster ethical
conduct in a public agency/servant setting: and provide the
attendees with decision making process and conduct guidelines and
skills.
í
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j¿ _30
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January 10, 1995
MEMO TO: The Honorable Mayor and City Council
FROM: Patty W.;æøt:
SUBJECT: VISITATI N TO 0 AWARA, JAPAN
The enclosed tentative itinerary was sent by Commissioner Terry Thomas of the
International Friendship Commission regarding a proposed visit to Odawara, Japan.
She would like to know at your earliest convenience if you have any interest in joining
the delegation. Please advise, and I will contact Terry directly with the final results.
Thank you and if you should have any questions, please contact Commissioner Thomas
at 427-3181.
pw
Encls.
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30's TRAVEL, INC. 4540 Kearny Villa Road. Suire 220 ~.~ ~~. 0
San Diego, CA 92123 ~ ~ .... "', £
FAX (6'9) 569-0569 (619) 569-4033 ".mtA'" IiIifwortI:
,
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SALES F'ERStlNI SO ITINERARY DATE! 09 JAN 95
RO.IF'AB PAGE: 01
TO; **a 311*5 TRAVEL, INC. *1111
4~40 KEARNY VILLA RU SUITE 220
. SAN DIEGO CA Y2123
,
rUR: CHULA VISTA/OllAWARA 1'15
. :?~. Af'R 9~ - SATlIRlIAY
A1R DLLTA Alk LINLY INe FL t: B~,." E.CONOMY
LV SAN III EGO 9401'1 EOI'I 73'7-300
AH LOY ANGEU:.S 1024A NON-SlOP
AlR ALL Nlf'f'ON AIRWAYS FL T :~¡ ECONOMY
LV LOS ANOEL fS 10~W EOP: ~OFING 7~7 400
~() APR 9'5 - SIJN[.IA~
Ar, 101{YO NAr,n A 41~f' NON-STOP
(,(. 1'11'1 Y 9::' - SAtURlIAY
AIR AI,L NIPf'ON AIRWAY~ FL,T 16 ECONOM1'
LV TOI\YO ¡", NARI1A ....'ERl1t2 l t !',i20f» f II£(lf'''~E.ING 7'+7 '+00
AI;~ Lm; ANG~L tE;' ": !~, I ,/ i t J,H):;.A , J V~"'STOf'
AIR AMERICAN ,AIRL'1NES t 'U,n12!) \ ~fC~N(\M' ,.., IV
O¡:'ERATfIl !}I'{ SIMMONS Ah:LINC5 . .--,.... ' I
LV La!'! ANGEL.ES t45P EnF'1 ATR TPROF'
AR SAN ['lEBO 233f' NON-STOP
.
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YOUR PROMPT REMITTANCE is APPRECIATED, LATE PAYMENTS MAY BE SUBJECT TO A PENALTY,
, y_ ft~~'''''''' T"" QI""T Tn r.HARGE A TRANSMITTAL AND/OR ADMINISTRATiVE FEE IN THE EVENT OF CANCELLATiON OR CHANGE,
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(619) 569-4033
TELEX 4950705 KSSO
FAX (619) 569-0569
09 January. 1995
IN'IERNATIrnAL FRmND CŒ1MISSION - OJULA VIsrA/ODJOllARA SISTER CITY
TENTATIVE ITINERARY:
Day 1 SAN DIEGO - TC!<YO
29 Apr (Sat) Depart San Diego via Los Angeles to 'IDKYO.
Day 2 TOKYO
30 Apr (San) Arrive at NARITA aiIport. After clearance of fumigration and
custans fonnalities we'll transfer to hotel in TC!<YO.(private
motorcoach) Acccmnodation - IMPERIAL HOIEL
Day 3 TOKYO - Kl\Ml\KURA - ODJOllARA
01 May (Mon) Greakfast at hotel.
After breakfast we will anbark on HALF DAY BRIEFING TCXJR OF
TOKYO.
We will view the Inperial Palace Plaza. vist Heiji Shrine and
experience Asakusa district with flavor of old Tokyo.
Bus return to Ginza. heart of modern Japan. withits many shops
and department stores.
Then on to Kanakura. seat of Japan's first military governmnet,
to view the Great Daibutsu. the 65-foot hight image of Blrldha.
We drive along the beautiful pine frigned Pacific coast to the
CDJ\WARA au Sister City. (an-ive O:iawara approx 4pn-5pn)
Day 4 ODl'JÑARA
02 May (Tue) Beyond 02 May schedule will be announce by O:iawara City.
Day 5 ODl'JÑARA
03 May (Wed)
Day 6 ODl'JÑARA
04 May (TIm)
Day 7 ODl'JÑARA - TOKYO
5 May -SAYCNARA/Good-bye- to our sister city "CDlIWARA" transfer
to Osawara Station.
Depart O:iawara by Shinkansen (Bullet Train) to Tokyo.
Transfer to hotel by taxi (your own expense)
Accannodation at IMPERIAL HOIEL
Rest of the day for leisure.
...2t7a--t/
--,--~---_._-_.._~---_. --------- --~ ~--- -~- -- --- ~- ..-..-~~.---.-~~---'--
INTERNATIOOAL FRIEND cœMISSICN - œtJLA VIr=:rA/ODlMAFA SISTER CITY
TENTATIVE ITINERARY:
Day B TOKYO - SAN DIEGO
6 May Transfer to NARITA Airport by airport llinousine bus.
Directry from Hotel.
"SAYOOARA".. .
Approx Cost of above itinerary except Day 4 to Day 6 based on 20 pp:
AIR FARE: Group of 20 pp by ANA (All Nippon AiIways) - $720 plus
25.95 tax per person round trip from San Diego to
Tokyo/Narita Economy Class. (Publish Air Fare: $1,140 plus
tax 25.95)
LAND PORTICN: $625 (approx) per person based on double occupancy:
INCLUDE: * Transfer from NARITA AIRPORT to HOI'EL
* Luggage handling
* 2 Night accarmodation
* 2 Breakfast
* English speaking tour guide
* Private rrotorcoach
NOT INCLUDE: * Cost of expense while staying at
O1awara
* Train fare from O1awara to Tokyo
* Transfer from Tokyo Station to
Hotel by taxi.
* Airport bus llinousine from Hotel to
Airport.
Approx train fare from O1awara to
TOkyo - $40.
Approx taxi from Tokyo Statim to
Hotel - $20 - $40 depend on routing.
.;¿,¿¿ -5
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OPTIONAL TOURS
.
TOKYO
1. DYNAMIC TOKYO (FUll Day) ----------------Vll.820 per person lunch included
2. PANORAMIC TOKYO -------------------------VlO.470 per person lunch included
* Tour includes Tokyo Bay Cruise
3. TOUR TO TOKYO DISNEY LAND ---------------V 9.820 per person
4. KABUKI NIGHT ----------------------------V13.480 per person dinner included
* Sukiyaki Dinner. KabJld DrélTlB. Geisha Show
5. NIKKO COUNTRY TOUR ----------------------¥20.000 per person lunch included
6. MT. FUJI/HAKONE TOUR --------------------V3l.000 per person lunch included
7. TOKYG-KYCYTO 1 DAY TOUR ------------------V49. 000 per person lunch included
KYOI'O
8. KYCYTO MORNING TOUR ----------------------V 5.000 per person
9. KYOI'O AFTERNOON TOUR --------------------V 5.000 per person
10. KYCYTO I-DAY TOUR ------------------------VI0.800 per person lunch included
11. KYOI'O & NARA 1 DAY TOUR -----------------Vll.700 per person lunch included
12. SPECIAL NIGHT TOUR ----------------------VI0.000 per person Tempura dinner
* This tour will not operates if the included
total number of participants does not reach 2.
NARA
13. NARA AFTERNOON TOUR ---------------------V 5.900 per person
*** Above fare subject to change without notice ***
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