HomeMy WebLinkAboutAgenda Packet 1994/03/22
'" declare under 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
Tuesday, March 22, 1994 tÞ~ ~Ubl¡c ~rv!9s Bu'Idin3 and ~ City Hall ,;1 Council Chambers
6:00 p.m. P' ~!),; 1/ (SIGNED V/~ 4.......-æ.ublicservicesBuilding
Rel!Ular Meetin2 of the City of Chula Vista City Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Fox _, HOrtoD _, Moore _, Rindone _, and
Mayor Nader _.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: March IS, 1994 (Joint Meeting of the City CouncillRedevelopment
Agency).
4. SPECIAL ORDERS OF THE DAY: None submitted.
CONSENT CALENDAR
(Items 5 through II)
The staff recommendations regarding the foUowing items listed under the Consent Calendar wül be enacted by
the CouncU by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be puUed for discusswn. If you wish to speak on one of these items, please flU out a
"Request to Speak Fonn" avaÜßble in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to
the staff recommendation.) Items puUed from the Consent Calendar wül be discussed after Board and
Commission Recommendations and Action Items. Items puUed by the public wiU be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting $200 to help support a family trip to Washington - Phoeurth Soo, 4967
Auburn Dr., #12, San Diego, CA 92105. It is recommended that the request be denied.
6. ORDINANCE 2590 AMENDING SCHEDULE X, SECTION 10.48.050 OF THE MUNICIPAL
CODE - DECREASING STATE LAW MAXIMUM SPEED LIMITS IN
CERTAIN AREAS AND AFFlRMING A SPEED LIMIT OF 30 M.P.H. ON
OXFORD STREET FROM BROADWAY TO THE CUL-DE-SAC AT THE
WEST END, AND ADDING TIDS LOCATION TO SCHEDULE X (second
readiDl! and adootion) - In response to a request from the Police Department
and in the interest of minimizing traffic ha:œrds and congestion for the purpose
of the promotion of public safety, the City Engineer determioed on the basis of
traffic engineering studies that there was a need to post a speed limit of 30 MPH
on Oxford Street from Broadway to the cul-de-sac 1,335 west of Broadway.
Staff recommends Council place the ordinance on second reading and adoption.
(Director of Public Works)
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Agenda -2- March 22, 1994
7. RESOLUTION 17425 APPROVING AGREEMENT WITH SUSAN B. MERRILL, C.P.A. FOR
INTERlM FINANCE ADMINISTRATOR SERVICES - The City's current
contract with Susan B. Merrill, C.P.A, for Interim Finance Administrator
Services is for the period of 1/10/94 through 417194. The proposed new
agreement with Ms. Merrill is for the period from 4/8/94 through 6/23/94.
Staff recommends approval of the resolution. (Administration)
8. RESOLUTION 17426 APPROVING FIRST AMENDMENT TO AGREEMENT WITH REMY
AND THOMAS FOR LITIGATION REPRESENTATION SERVICES-
When the City of ChuJa Vista and County of San Diego approved the final
version of the Otay Ranch Project, part of the approval was an indemnification
agreement by Otay Vista Associates indemnitying the City and the County in the
event of an attack on the project approval. On 12/1193, Chaparral Greens and
Daniel Tarr sued the City, the County, and Baldwin alleging inadequacies in the
final program EIR and/or violations of CEQA. On 114/94, Council ratified a
three-party agreement whereby Remy & Thomas (Tina Thomas, Esq.) would
represent the City pursuant to that indemnification agreement, at Otay Vista's
expense. Staff recommends approval of the resolution. (Assistant City Attorney
Rudolf)
9. RESOLUTION 17427 AUTHORlZING THE CITY MANAGER TO DIRECT ADDITlONAL
SERVICES PURSUANT TO PARAGRAPH 1D OF THE ORIGINAL
AGREEMENT WITH RICK ENGINEERING COMPANY TO PREPARE
TOPOGRAPmC MAPS ALONG INTERSTATE 805 NORTH OF
TELEGRAPH CANYON ROAD TO SOUTH OF OTA Y V ALLEY ROAD-
On 6/15/93, Council approved an agreement with Rick Engineering Company
to provide topographic mapping for Caltrans project study report at four
interchanges along 1-805, Telegraph Canyon Road, East Palomar Street, East
Orange Avenue, and Otay Valley Road interchange. After close review of the
preliminary topographic mapping, Caltrans requested additional topographic
information at the Otay Valley Road interchange. The additional information
is needed by Caltrans to fully analyze alternative design solutions at the Otay
Valley Road interchange. Rick Engineering Company has agreed to perform the
additional work for a cost not to exceed $4,800. Staff recommends approval of
the resolution. (Director of Public Works)
1O.A. RESOLUTION 17428 DIRECTING CALL FOR CONSTRUCTION BIDS FOR PHASE 2 AND
PHASE 3 OF THE OTAY V ALLEY ROAD CONSTRUCTION PROJECT-
In June 1992, Council awarded the contract for construction of Phase 1 of Otay
Valley Road between 1-805 and Nirvana Avenue. Phase 1 of Otay Valley Road
construction is the first part of a two-phase assessment district project for the
improvement of Otay Valley Road between 1-805 and the easterly City limits
then south to the northerly limits of the Otay River bridge crossing. A second
project approved in the 1993/94 Capital Improvement Program budget was Otay
Valley Road Phase 3 (STM-319) which included the improvement of Otay
Valley Road from the northerly limits of the Otay River bridge crossing
southerly to Otay Rio Subdivision. In order to construct Phase 2 improvements
of Otay Valley Road, a preliminary step in the assessment district proceedings
is for Council to direct staff to call for bids. Staff recommends approval of the
resolutions. (Director of Public Works)
B. RESOLUTION 17429 AUTHORlZING THE CITY ENGINEER TO APPROVE A CHANGE
ORDER WITH THE COUNTY OF SAN DIEGO TO FACILITATE
WIDENING OF THE BRIDGE AT OTAY RIVER
C. RESOLUTION 17430 AUTHORlZING THE ACQUISITION OF RIGHT-OF-WAY FROM
KATSUMI TAKAsmMA FOR THE CONSTRUCTlON OF PHASES 2
AND 3 OF THE OTAY VALLEY ROAD WIDENING PROJECT
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Agenda -3- March 22, 1994
11. RESOLUTION 17431 APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO
FOR THE DESIGN AND CONSTRUCTION OF A LEFT-TURN POCKET
AT SWEETWATER ROAD, EAST OF WINNETKA DRIVE; AND
REAPPROPRIATING FUNDS TO REIMBURSE THE COUNTY FOR
THE STREET IMPROVEMENT - The agreement authorizes the County's
Public Works Department consultant to redesign the portion of Sweetwater Road
to include a left-turn pocket for west-bound traffic at the Rohr Park Sports
Fields entry and reimburses the County's inspection, administrative, and
construction cost to include in the Sweetwater Road Bike Lane project. Staff
recommends approval of the resolution. (Director of Parks and Recreation and
Director of Public Works) 4/5th's vote required.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foUowing items have been advertised and/or posted as public hearings as required by lllw. If you wish to
speak to any item, please jiU out the "Request to Speak Fonn" avaÜßble in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the pink fonn to speak in opposition to the staff recommendation.) Comments are Umited to jive minutes per
individual.
12. PUBLIC HEARING WIDENING BROADWAY FROM "I" STREET TO "L" STREET - On
1117172, Council Policy 576-12 was adopted. The policy requires a public
hearing prior to any action widening travelways within the City. During the
Fiscal Year 1993/94 Capital Improvement Program budget process, Council
approved funding to widen Broadway from "1" Street to "L" Street. Portions
of Broadway north and south of the project's limits have been or are now being
widened. On 3/2/94, staff met with property owners and tenants potentially
impacted by the wideniog project. At the meeting, they voiced concern about
the impact the construction activities wiU have on their businesses, provided
suggestions as to how the impacts could be diminished, and generally supported
the project. Staff recommends approval of the resolution. (Director of Public
Works)
RESOLUTION 17432 DIRECTING STAFF TO COMPLETE THE DESIGN AND FINAL PLANS
FOR THE WIDENING OF BROADWAY FROM "I" STREET TO "L"
STREET
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 agenda. (State lllw, however, generally prohibits the City
CouncUfrom taking action on any issues not inclnded on the posted agenda.) If you wish to address the CouncU
on such a subject, please complete the yellow "Request to Speak Under Oral Communications Fonn" avaÜßble
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and foUow up action. Your time is limited to three minutes per speaker.
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Agenda -4- March 22, 1994
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Councü wül consider items which have been forwartled to them for consideration by one
of the City's Boards, Commissions and/or Committees.
13. RESOLUTION 17421 ACCEPTING THE QUARTERLY REPORT FROM THE ECONOMlC
DEVELOPMENT COMMISSION, APPROVING THE WORKFORCE
DEVELOPMENT TEAM THREE-YEAR PLAN AND AGREEING TO CO-
SPONSOR THE SOUTH COUNTY WORKFORCEIEDUCATIONAL
DEVELOPMENT CONFERENCE IN PARTNERSHIP WITH
SWEETWATER UNION IDGH SCHOOL DISTRICT, SOUTHWESTERN
COLLEGE, AND THE SAN DIEGO CONSORTIUM AND PRlVATE
lNDUSTRY COUNCIL - The report is a quarterly progress update from the
Economic Development Commission (EDq and will be presented by Chairman
William Tuchscher. It is the second such report and follows the initial report
made in November of 1993. A report will also be made by Workforce
Development Team (WDT) Vice Chairperson Mary Wylie, Director of
Southwestern College Small Business Development and International Trade
Center on the EDCIWDT's Three- Year Plan. Staff recommends approval of the
resolution. (Director of Community Development) Continued from the
meeting of 3/15/94.
ACTION ITEMS
The items listed in this section of the agenda are expected to eUcit substantiol discussions and deliberations by
the CouncU, staff, or members of the general public. The items wül be considered individuaUy by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fiU out a "Request to Speak" fonn avaÜßble in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are lùnited to five minutes.
14. RESOLUTION 17422 REVISING COUNCIL POLICY 159-02 "FUNDING-PRlV ATE
ORGANIZATIONS OR lNDIVIDUALS" - Council Policy 159-02, "Funding-
Private Organi:œtions or Individuals", was adopted on 1/25/72. The policy
addresses the criteria, procedures, and reqnirements for funding private parties
via the budget process. The existing policy is lacking in that it does not address
requests received during the course of a fiscal year from private organi:œtions
and individuals for financial support to carry out programs or activities. Council
directed staff to develop policy guidelines to assist them in consideration of such
requests. Staff recommends approval of the resolution. (Administration)
Continued from the meeting of 3/15/94.
15. RESOLUTION 17423 AUTHORIZING INSTITUTION OF PROCEEDINGS TO FINANCE
FACILITIES TO BE USED IN CONNECTION WITH AN OLYMPIC
TRAINING CENTER TO BE DEVELOPED BY SAN DIEGO NATIONAL
SPORTS TRAINING FOUNDATION - The San Diego National Sports
Training Foundation has requested that the City provide $3,000,000 in "gap"
construction financing for completion of core facilities at the Arco Training
Center. This action authorizes staff to work with the Foundation to pursue an
acceptable financing structure. Staff recommends approval of the resolution.
(Deputy City Manager Krempl) Continued from the meeting of 3/15/94.
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Agenda -5- March 22, 1994
16. RESOLUTION 17433 AUTHORIZING THE SALE OF BONDS IN THE AGGREGATE
PRINClPAL AMOUNT OF NOT TO EXCEED $18,000,000 TO
REFINANCE THE OUTSTANDlNG OBLIGATIONS OF THE CITY TO
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
APPROVING FINAL FORM OF OFFICIAL STATEMENT AND OTHER
LEGAL DOCUMENTS, AND AUTHORIZlNG OFFICIAL ACTIONS - On
12/14/93, Council authorized staff to proceed with the issuance of proposed
"pension obligation bonds", the proceeds of which will be paid to Public
Employees' Retirement System (PERS) in full satisfaction of the City's unfunded
pension obligations. Staff explained that the City is currently paying off the
obligation through biweekly payments to PERS which carry an interest rate of
8.75 % (PERS assumed earnings rate). At current market levels, the taxable
pension bonds are projected to carry an interest cost of about 7.50 % thus
generating total savings estimated at $3.3 milIion. Staff recommends approval
of the resolution. (Administration and Interim Finance Administrator)
17. RESOLUTION 17434 INCREASING THE AUTHORIZATION LIMIT FROM $150,000 TO
$320,000 IN THE ORIGINAL AGREEMENT FOR MATERIAL TESTING
SERVICES WITH LAW/CRANDALL, INC. - On 8/4/92, Council approved
an agreement for material testing services with Law/Crandall, Inc.
Compensation to Law/CrandaU, Inc. is based upon an hourly rate arrangement.
The agreement contains a $150,000 authori:œtion limit. The City has paid
Law/Crandall, Inc. $127,661.22 to date. Staff is requesting that the
authori:œtion limit be increased to $320,000 so that Law/Crandall, Inc. may
provide material testing services through Fiscal Year 1994/95. Staff
recommends approval of the resolution. (Director of Public Works)
18.A. REPORT $30,000 "MUNlClPAL POLLUTION PREVENTION PROGRAM" IN
COLLABORATION WITH THE ENVIRONMENTAL HEALTH
COALITION AND APPROVE AGREEMENT WITH ENVIRONMENTAL
HEALTH COALITION (EHC) FOR THE COMPLETEEV ALUATION OF
THE CITY'S TOXlC USES IN OPERATIONS/MAINTENANCE AND THE
CREATION OF A POLLUTION PREVENTION PLAN AND
RECOMMENDATION OF NON-STRUCTURAL BEST MANAGEMENT
PRACTICES WITH RESPECT TO THE "EDUCATION ELEMENT" OF
THE CITY'S NATIONAL POLLUTION DISCHARGE ELlMlNATION
SYSTEM (NPDES) PERMIT REQUlREMENTS - Staff proposes the adoption
of an agreement with the EHC to develop a comprehensive municipal pollution
prevention program for City operations, including a toxics audit of municipal
uses; development and utiIi:œtion of alternative best management practices in
City buildings; and the development, in conjunction with staff, of a toxics use
reduction policy. Staff recommends Council accept the report and approve the
resolution. (Administration and Director of Public Works)
B. RESOLUTION 17435 APPROVING AGREEMENT WITH ENVIRONMENTAL HEALTH
COALITION FOR CONSULTlNG SERVICES, AUTHORIZING MAYOR
TOEXECUTESAME,ANDSUPPORTING ENVIRONMENTAL HEALTH
COALITION'S ONGOING EFFORTS TO OBT AINNON-CITY FUNDING
FOR THE CONTINUATION OF A MUNICIPAL POLLUTION
PREVENTION PROGRAM AND RELATED EFFORTS FOR THE CITY
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Agenda -6- March 22, 1994
19. REPORT REQUESTING AUTHORlZATION TO ISSUE THE "REQUEST FOR
PROPOSAL TO MANAGE A MOBILEHOME PARK FOR THE CITY OF
CHULA VISTA HOUSING AUTHORITY" - Council directed staff to pursue
the purchase of Bayscene Mobilehome Park by the Housing Authority. As part
of the preparation for purchase, the City needs to select a property management
company to manage the park. Staff recommends Council authorize the Request
for Proposal and direct staff to return with a recommended property
management company for consideration. (Director of Community Development)
Continued from the meeting of 3/15/94.
20. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council wül discuss items which have been removed from the Consent Calendar.
Agenda items puUed at the request of the public wül be considered prWr to those puUed by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
21. CITY MANAGER'S REPORTIS)
a. Scheduling of meetings.
22. MAYOR'S REPORT(S)
a. Ratification of appointment to the Design Review Committee - Patricia B. Kelley. Continued
from the meeting of 3/15/94.
23. COUNCIL COMMENTS
Councilwoman Horton
a. Cultural Diversity/Sensitivity Training. Continued from the meeting of 3/15/94.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pursuant to Government Code Section 54957 - Performance evaluation of the City Manager, City Attorney
and City Clerk.
Pending litigation pursuant to Government Code Section 54956.9 - Pease vs. the City of Chula Vista.
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Agenda -7- March 22, 1994
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CYEA), Western Council of Engineers (WCE), Police Officers Association (POA),
International Association of Fire Fighters (lAFF), Executive Management, Mid-Management, and
Unrepresented.
Pending litigation pursuant to Government Code Section 54956.9 - Christopher vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. the County of
San Diego (Solid Waste Litigation).
Pending litigation pursuant to Government Code Section 54956.9 - EP A vs. the City of San Diego, Chula
Vista amicus party discussion, instructions to attorneys.
Pending litigation pursuant to Government Code Section 54956.9 - County of San Diego regarding Daley
Rock Quarry CUP.
The meeting will adjourn to (a closed session and thence to) a Special City Council MeetinglWorkshop on Tuesday,
March 29, 1994 at 5:00 p.m. in the Council Conference Room, thence to the Regular City Council Meeting on
AprilS, 1994 at 4:00 p.m. in the City Council Chambers.
A Joint Meeting of the City CounciIlRedevelopment Agency will be held immediately following the City Council
meeting.
A Special Meeting of the Industrial Development Authority will be held immediately following the Joint Meeting
of the City Council/Redevelopment Agency.
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March 17, 1994
TO: The Honorable Mayor and City counc~
FROM: John D. Goss, City Manager J4 ~ '%'~
SUBJECT: City Council Meeting of March 22, 1994
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, March 22, 1994. Comments regarding the Written
Communications are as follows:
Sa. This is a letter from Phoeurth Sao, 4967 Auburn Drive, #12, San Diego, CA,
requesting $200 to help support a family trip to Washington. In
accordance with past Council practice to not support individual requests
for funding, IT IS RECOMMENDED THAT THIS REQUEST BE DENIED.
JDG:mab
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RECEIVED
"94 MR 14 AJO :5 2
CITY OF CHULA VISTA
CITY CLE.RK'S OFFICE
Dear goverment
My name is Phoeurth Sao.
I was born in Thailand.
I go to Ray A Kroc Middle school.
I am 13 year old.
My birthdat was on 1/1/1981.
I live with my mom, brother, aunt, cousin, grandma and grandpa.
I really please you to send me $200 for free.
Because I need the mony to help Soppurt the family to travel to
Washington.
From, Phoeurth Sao
WRI1TEN COMMUNICA nOi\lS
Cc ~ (;I) ~ ~~;17
. ¿d/~~
54-/
..___. n_.._.____,__.. _...____________________.._
COUNCIL AGENDA STATEMENT
Þ
Item~
Meeting Date 3/1S"" ;=¡~I.(
ITEM TITLE: Ordinance .:¿S10 Amending Schedule X, Section 10.48.050 of the
Chula Vista Municipal Code - Decreasing State Law Speed Limits in Certain
Areas and Affmning a Speed Limit of 30 M.P.H. on Oxford Street from
Broadway to the Cul-de-Sac at the west end, and adding this location to
Schedule X r:R'\\O~
SUBMITTED BY: Director of Public Work. 1\) ¡>.'iJ
(;. ¡>.~
REVIEWED BY: City Manager J~ ~ S)\~
\1-<¿.!>I (4/5ths Vote: Yes_No_XJ
-'2- CP~'V
S~
In response to a request from the Chula Vista Police Department and in the interest of minimizing
traffic hazards and congestion and for the purpose of the promotion of public safety, the City Engineer
determined on the basis of Traffic Engineering studies, that there was a need to post a speed limit of
30 MPH on Oxford Street from Broadway to the Cul-de-Sac 1,335' w/o Broadway. This street
segment was unposted at the time that this request was processed. The staff has completed a Traffic
and Engineering Study as required by State Law, and concluded that this area wiII operate at a safer
level with the posted speed limit of 30 MPH.
RECOMMENDATION: Approve the ordinance affirming Trial Traffic Regulation #132 thus
decreasing speed limits on Oxford Street from Broadway to the cul-de-sac at the west end. .
BOARDS/COMMISSIONS RECOMMENDA nON: The Safety Commission on February 10,
1994, voted MSUC 7-0, all members present, to support staffs recommendation and recommend to
City Council to pass a resolution making this Trial Traffic Regulation permanent.
DISCUSSION:
On September 7, 1993, staff sent to the City Council, a Trial Traffic Regulation to establish a speed
limit on Oxford Street from Broadway to the Cul-de-Sac 1,335' w/o Broadway. This Trial Traffic
Regulation was based on a traffic and engineering study which determined that the 85th percentile
speed was 32 MPH and that this section of road had an accident rate of 3.25 accidents per miIIion
vehicle miles as compared to a statewide average of 2.28 for similar roadways. The Trial Traffic
Regulation stated the following:
SCHEDULE X _ DECREASED SPEED LIMITS IN CERTAIN AREAS
Proposed
Name of Street Beginning Ending At Speed
At Limit
Oxford Street Broadway The cul-de-sac 30 MPH
1,335 ft. w/o
Broadway
.7- J
I
C.-I
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Page 2, Item-L
Meeting Date 3/15/94
Said regulations became effective upon the posting of signs on September 29, 1993 and has run for
a trial period of almost eight (8) months from the date of such posting, A review of said installation,
as required by Chula Vista Municipal Code, Section 10,12.ü30 has been made, In accordance with
Section 10,12,030 of the code, City Council must now pass an ordinance making this regulation
permanent or the Trial Traffic Regulation ceases to be effective.
A review of the traffic conditions by staff and the Police Department show that this Trial Traffic
Regulation is operating effectively. Therefore, staff recommends that this Trial Traffic Regulation be
made permanent.
FISCAL IMPACT: Not applicable,
File No,; CY-027 FXRIMJDJ
wpc F,\hom,~\ordopeed
030294
Attachments: Area Plat
EngineeringlTraffic Survey
Excerpt Safety Commission Minutes dated 2/10/94 (DRAFT)
Trial Traffic Regulation #132
7-,,2;
0~2-
-.-"- ----- - ---_._...,----~.~-
INFORMATION PACKET
SCANNED AT FIRST READING
OF THIS ORDINANCE ON:
.3//519~ ,;.S'9p
ORDINANCE NO.
AN ORDINANCE AMENDING SCHEDULE X, SECTION f?,\\r$-
10.48.050 OF THE CHULA VISTA MUNICIPAL CODE - ~O'
DECREASING STATE LAW MAXIMUM SPEED LIMITS IN ~~ ~
CERTAIN AREAS AND AFFIRMING A SPEED LIMIT OF ~
3D M.P.H. ON OXFORD STREET FROM BROADWAY TO ~\)\\"G
THE CUL-DE-SAC AT THE WEST END, AND ADD IN¢:
THIS LOCATION TO SCHEDULE X O~\)
,çG
WHEREAS, in response to a request from the C~la vista Police
Department and in the interest of minimizing traffic hazards and
congestion and for the purpose of the promotion of public safety,
the City Engineer determined on the basis of Traffic Engineering
Surveys, that there was a need to post a speed limit of 30 MPH on
Oxford Street from Broadway to the Cul-de-Sac 1,355' west of
Broadway as required by state law; and
WHEREAS, staff has completed a Traffic and Engineering Study
as required by State Law and concluded that this area will operate
at a safer level with the posted speed limit of 30 MPH; and,
WHEREAS, said regulations on said streets have now been in
place for 8 months and, in accordance with the City Code, should be
made permanent if they are to remain in effect; and
WHEREAS, the Safety commission, at its February 10, 1994
meeting, voted 7-0 to support staff's recommendation and recommend
to the City Council to affirm these Trial Traffic Regulations and
adopt an Ordinance making them permanent.
NOW, THEREFORE, the city Council of the City of Chula vista
does ordain as follows:
SECTION I: That Schedule X of Section 10.48.050 of the Chula
Vista Municipal Code, Decreasing State Law Maximum Speed Limits in
certain Areas, is hereby amended to include the following changes:
SCHEDULE X - DECREASED SPEED LIMITS IN CERTAIN AREAS
proposed
Name of Beginning Bnding At Speed
Street At Limit
Oxford Broadway The cul-de-sac 30 MPH
Street 1,335 ft. w/o
Broadway
SECTION II' This ordinance sh~e eff t and be in full
force on the thirtieth day froo and er itr ad ption.
Presented by proved s 0 form by
( ~
John P. Lippitt, Director of Bruce M. Booga
Public Works 7r- :J-; Attorney
~-3
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, . SPEED LIMIT -- ENGINEERING/TRAFFIt SURVEY:
.
STREET: Oxford Street
I LIMITS: BrOAdwav to ~ 1335 vIa Broadwav
Exi.tinl Po.ted Speed Ltmit: ~nnosted KPH
St!H!WlY'OF SPEED SURVEYS
Sepent: Bro.dway to ! 1335 wlo Broadway
Dau Taken: 8/17193
.umber Vehicle. on Sample: 100
85th 'ercentile Speed: 32 KPH
lanle of Speed. aecorded: 20-41 KPH
ROADWAY CHARACTERISTICS .
Width 26 - 52 flit .umber of lane. for both direction. 2
Horizontal Alignment UnRent
Vertical Alilnment les. than 2% max 2rade
TRAFFIC CHARACTERISTICS .
Average Daily Traffic 6.440
On-Street 'arking allowed
Special Conditions Industrial and business area.
~
\
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.
Accident BlItory The accident rate at this ae ent 3.25 accidenu er million vehicle
mU.. is hi her than the avera e rate 2.28 for aimilar roadwa s in teState 0
California.
SURVEY RESULTS
Study vaa 'repared by SUve Smith Dau 8/18/93
lac_endaUon Eatabliah 30 KPH apeed ltmit due to accident bi.tory.
Date nc_endaUon approved: 8 b3 )'3
11. ~.... -.:.- X. P":"J~
£pproved .paad limit: 30 KPB
( ~ar eve 40803. Survey Expiraa: 8/17198
,
-?-é;
ç.-G,
---.------.------ - -" --------.-, "----------
MINUTES OF A REGULAR MEETING
OF THE CHULA VISTA SAFETY COMMISSION
Thursday, February 10,1994 Council Chambers
7:07 p.m. Public Services Building
CALL TO ORDER
1. RollCall:
Present: Chair Thomas, Vice Chair Padilla, Commissioners Bierd . Koester, Matacia, .
Pitts, and Smith
Also Present: Hal Rosenberg, Traffic Engineer; Frank Rivera, Associat.e Traffic Engineer;
Sgt. Gene D'Ablaing, Police Department; and Shirley Buxton, Recording
Secretary
2. PII!dt!e of AIlHian~~ilent Praver
3. Ooeninl! Statement· Read by Chair Thomas
4. ADorova' of Minutes:
MSC (Koester/Matacia) to approve the minutes of November 11, 1993. presented. Approved 6-0+1 with
Commissioner Pitts abstaining.
5. Safety Commission Meeting Order of Progression· For Commissioner information.
MEnlNG AGENDA
6. REPORT AffirmingTrial Traffic Regulation #131 . All Way Stop at Rancho Del Rey Parkway and Paseo
Ranchero
Frank Rivera presented staff's report and indicated the Elementary School was in agreement with the stop sign
being made permanent.
MSUC (KoesterlPitts) that the Safety Commission recommend that the City Council approve a resolution to
make the stop sign permanent.
7. REPORT Affirming Trial Traffic Regulation' 132· Schedule X Decreased Speed Limits in certain
Zones on Oxford Street west of Broadway Section 10.48.050
frank Rivera presented staff's report. .
MSUC (Koester/Smlth) that the Safety Commission recommend that the CIty Coundllplllove an ordinance
eo "e the .-. limit permanent.
--'-
8. REPORT· Affirming Trial Traffic Regulation '133 . Traffic Measures on 800 Block of Halecrest Drive
frank Rivera presented staff's report.
Chair Thomas read into the record a statement from Jim Hlava, 818lori lane, Chula Vista, CA 91910. Mr.
Hlava supported staff's recommendation to make the trial traffic regulations permanentandsaid the installation
of the stop sign and double yellow lines had improved the situation and that the neighbors were happy with
the changes. 7.. 2 -
UNOFFICIAL MINUTES
0-- 7-
,... .--.- ._-- ---,~- ._._-_._._..__."--~_.._--_.-
.) 1~'1c
1~I.QRMA.II.Q~ I.IEM
September 7, 1993
File:CY-027
TO: The Honorable Mayor and Qty counc~~
VIA: J....D.a~.Chy_~"b~ w/
FROM: . John P. Lippitt, Director of Public Works
SUBJECT: Tria] Traffic Regulation
.
Pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code, adopted by
Ordinance No. ]625 on May 27, 1975, the Qty Engineer has determined that in the interest of
nñnimizing traffic hazards and congestion and for the purpose of the promotion of public safety,
there is hereby established:
CHULA VISTA MUNICIPAL CODE SECTION 10.48.050
( SCHEDULE X - DECREASED SPEED LIMITS IN CERTAIN AREAS
Proposed
Name of Street BegilUling At Ending At Speed Limit
O ¡ford Street Broadway The OJI-de-Sac 30 MPH
1,335' wlo Broadway
A traffic and engineering study, Is required by SWe law, was conducted by staff and It was detelD1ined
that the 85th percentile speed on OJÚord Street Is 32 MPH between Broadway and the cul-de.sac which
Is 1.335 feet west of Broadway.
Oxford Street Is 11\ Industrial roadway and does not have a poSled speecllimIL Based on the above
mentioned traffic audies, and an accident rate of 3.2.5 acddents per D1I11ion vehicle mOes which Is higher
than the statewide average of 2.28 accidents per mlUlon vehicle miles. and the presence of several busy
commercial driveway access points, It has been detelD1ined that the speed limit shall be posted It 30 MPH.
Said re¡uIation to become effective upon the postin¡ of sl¡llS or other apy.uprfate notice, and shall NIl
for a trial period of eight (8) months from the elate of such posting, It which time a review of said
re¡ulation will be made to detelD1lne If It should be mille pelD1anenl
.
cc: Safety Commission
\
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wPC~2~93 ç.--<g'
Trial Traffic '132
·_______··___m_nn____
COUNCIL AGENDA STATEMENT
Item ?
Meeting Date 3/22/94
ITEM TITLE: Resolution J;7~.l~pprOVing Agreement with Susan
B. Merrill, C.P.A., for Interim Finance
Administrator Services
,
SUBMITTED BY: Deputy City M~er Thomson Ji
REVIEWED BY: City Manager I..¡} (4/5ths Vote: Yes_ NO..JL)
The City's current contract with Susan B. Merrill, C.P.A., for
Interim Finance Administrator Services is for the period of January
10, 1994 through April 7, 1994. The proposed new agreement with
Ms. Merrill is for the period of April 8, 1994 through June 23,
1994. Staff anticipates hiring a Director of Finance by the end of
the new contract period.
RECOMMENDATION: That Council adopt the resolution approving the
agreement with Susan B. Merrill, C.P.A., for Interim Finance
Administrator Services.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Staff utilized Public Service Skills (PSS), which is affiliated
with the League of California cities and helps cities fill interim
management positions, to identify potential Interim Finance
Administrator candidates in December and early January. Staff
interviewed five candidates, all of whom had previous municipal
finance administrator experience. After thoroughly checking the
candidates' references, the City Manager and Deputy City Manager
Thomson rated Ms. Merrill as the top ranked candidate and
negotiated the current contract, which is through April 7, 1994.
Ms. Merrill's performance under the current contract has been very
satisfactory.
During the past five years since she retired as Finance Director in
Daly City, Ms. Merrill has filled interim finance administrator
positions in four other cities prior to Chula vista. Before
serving as Daly City's Finance Director, Ms. Merrill worked as a
Principal Administrative Analyst and Assistant Auditor-controller
for Santa Cruz County, and as a lecturer at San Jose State
University. Ms. Merrill is a C.P.A. and has a masters degree in
business administration and a bachelor's degree in accounting.
with both the Finance Director and the Assistant Finance Director
positions unfilled, staff considers it extremely important to
continue Ms. Merrill's services as Interim Finance Administrator
until a new Finance Director is hired and oriented. The
recruitment and selection process that is underway is anticipated
to result in the hiring of a new Finance Director before the end of
7--/
- -_..._-_.._----,.._--~--_.,
Item 7
Meeting Date 3/22/94
the proposed contract, i.e. June 23, 1994. Ms. Merrill will not be
a candidate for the permanent appointment.
FISCAL IMPACT: The proposed agreement is for $19,250 plus expenses
of up to $300 per week for transportation between Visalia and Chula
vista and up to $200 per week for lodging in Chula vista. The
maximum cost of the contract is thus $24,750. Adequate funds are
available in the FY 1993-94 Finance budget for these expenses.
B:\(AGENDAI\MERRlll.A 13
7.. ;J..
._,-_.._----~---~_..__.__.__.._._,._..-
RESOLUTION NO. J?'.J.5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH SUSAN B.
MERRILL, C.P.A., FOR INTERIM FINANCE
ADMINISTRATOR SERVICES
WHEREAS, the city's current contract with Susan B.
Merrill, C.P.A., for Interim Finance Administrator Services is for
the period of January 10, 1994 through April 7, 1994; and,
WHEREAS, the proposed new agreement with Ms. Merrill is
for the period of April 8, 1994 through June 23, 1994 as staff
anticipates hiring a Director of Finance by the end of the new
contract period.
NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council
of the City of Chula vista does hereby approve an Agreement with
Susan B. Merrill, C.P.A., for Interim Finance Administrator
Services for the period of April 8, 1994 through June 23, 1994, a
copy of which is on file in the office of the city Clerk as
Document No. (to be completed by the City Clerk in the final
document) .
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vista.
J
Presented by /rd a to:o by
James R. Thomson, Deputy Bruce M.
City Manager Attorney
c: \rs\lIerrill
7<1/7-1-
...__..._... .'_.....__,__ ..··u..·_._.__.M.___
Parties and Recital Page(s)
Agreement between
City of Chula vista
and
Susan B. Merrill, C.P.A.
for Interim Finance Administrator Services
This agreement ("Agreement"), dated March 11, 1994 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("city") , whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas, City and Consultant entered into an agreement on
January 10, 1994 for Interim Finance Administrator services from
January 10, 1994 through March 31, 1994 ("Original Agreement");
and,
Whereas, city and Consultant agreed on March 3, 1994 to
amend the Original Agreement by extending it from March 31 to
April 7, 1994; and,
Whereas, City desires to obtain the temporary services of an
Interim Finance Administrator from Apri 11, 1994 until about June
23, 1994 ; and,
Whereas, Consultant is in the business of supplying
independent accounting, financial and management services to
public agencies and desires to render such professional services
to City; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
Agreement between City nf Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 1
~
?-..>
__ ,__... ,._____'M_.~.'.., _.~.,__ '_' ._......_._._.......___._____"__...__._____._._
Obligatory provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties" , Consultant shall also perform all of the services
described in Exhibit A, Paragraph B, entitled " Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant,
from time to time reduce the Defined services to be performed by
the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates Set forth in the
"Rate Schedule" in Exhibit A, Paragraph 11 (C) , unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 2
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m.'.~_ _ ._ ,~~__.__..~__.______~._._._ -.--.'-------
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Business Automobile Liability Insurance coverage in the
amounts set forth in Exhibit A, Paragraph 9.
G. Proof of Insurance Coverage
Consultant shall demonstrate proof of coverage herein
required within two weeks of effective date of this agreement.
H. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, city
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B. Compensation
AgrU/fDent between City of ChuJa Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 3
?..?
-.-._.~--+.- -.....-.,--..-.---- ----~--._---
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly on the
day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
and shall compensate Consultant for out of pocket expenses as
provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ( "Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in tbe routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
6. Financial Interests of Consultant -
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required statement of Economic Interests in
such reporting categories as are specified in the law regarding
City Treasurers and other public officials who manage public
investments.
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 4
? .. %'"
.-..--------- "- .. .--....-....----.---...-.----
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further'warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
Agreement between City of Chu!.. Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 5
7-9
-.-.- ._---- -. ..._....+~_._--------_._-~-+- -.,.-...
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees)
arising out of the conduct of the Consultant, or any agent or
employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers,
agents, or employees in defending against such claims, whether
the same proceed to judgment or not. Further, Consultant at its
own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement by City for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, city shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant sh.all be
entitled to receive just and equitable compensation for any work
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
March 14. 1994 Page 6
7;)tJ
- "~..__. -'-'--'--~--'--"---'--"--------"-'---
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Termination of Agreement by Consultant for Cause
Notwithstanding anything to the contrary contained elsewhere
in this Agreement, Consultant shall have the right, without
penalty, to terminate this agreement on 3 days notice if City is
in default of its obligations under this Agreement. In the event
of such termination, Consultant will be paid to date of
termination.
10. Termination of Agreement for Convenience of city
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the city,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
11- Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the
Defined services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the united states or in any other country without the express
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 7
?../I
.-.......- _ ___...~._'^.",...__.,________ __ _'_..._m.____.._.___'__._.._ ..._
written consent of city. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
13. Independent Contractor
city is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
Consultant may have other clients in addition to City during
the term of the agreement, subject to the provisions of Paragraph
6. Consultant may perform the Defined Services at Consultant's
Place of Business, City's Place of Business, and at other
locations as determined by Consultant. Consultant shall
determine Consultant's hours of work and may vary such hours
within Consultant's sole discretion.
Consultant shall not be a candidate for the City's permanent
position of Finance Director, and City shall not appoint
Consultant to its permanent Finance Director position.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the city and acted upon by
the City in accordance with the procedures set forth in chapter
1.34 of the Chula vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute
over the terms of this Agreement.
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 8
7-/~
. ..~ . - - --_.~- ---_._-----------~ "--"'-'--'---'--"-'
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind City
to any contractual agreements except for the authority and duties
of City's Finance Director.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the united States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
Agreement between City of ChuJa Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 9
7"'/3
-......- -'--'--- .,~-
E. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, state
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula vista.
[end of page. next page is signature page.]
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 10
7'1'1
~ "--- -- ----,-_._._-----_._----~.__..__..~-_. _._-~----
Signature Page
to
Agreement between city of Chula vista and Susan B. Merrill,
C.P.A.
for Interim Finance Administrator Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated: , 19 City of Chula vista
-
Attest:
by:
Tim Nader, Mayor
B
Dated: )J¡ aJ /5: /99'1 susan~rrill, C.P.A. .
. I
By: /14<J~~
Sušan B. Merrill, C.P.A.
Exhibit List to Agreement
(X) Exhibit A.
( ) Exhibit B:
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 11
7'}5
.~. ---....----.----.- -_._~---,----~---_...._----
Exhibit A
to
Agreement between
city of Chula vista
and
Susan B. Merrill, C.P.A.
1- Effective Date of Agreement: April 8, 1994
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a
political subdivision of the state of California
( ) Industrial Development Authority of the City of Chula
Vista, a
( ) Other: , a
[insert business form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chu1a Vista, CA 91910
4. Consultant: Susan B. Merrill, C.P.A.
5. Business Form of Consultant:
(X) Sole Proprietorship
( ) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
P.o. Box 4543
30007 Road 158
Visalia, California 93278
Voice Phone (209) 625-1314
Fax Phone (209) 738-8508
7. General Duties:
Consultant shall administer city's Finance Department,
consistent with the rules, regulations and policies of the
city, oversee City's financial activities, and provide
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 12
7-/(,
. '. ....__.._,___... ...______,..___ . .._·'_____n"____
advice and reports to city officials during the term of the
agreement. These General Duties include:
(1) Oversee all accounting, auditing and related
financial activities and systems of City, its
Redevelopment Agency, and the Bayfront Conservancy
Trust
(2) Insure budgetary control over payment of bills,
invoices, payroll, purchase orders and other claims
(3) Oversee the proper collection of taxes,
assessments, fees and other revenues
(4) Develop, review and monitor estimates of
expenditures and revenues
(5) Oversee and monitor treasury functions including
receipt, custody and investment of City funds
(6) Administer financial aspects of special
assessments
(7) Coordinate and supervise the work of Finance
Department employees and facilitate teamwork within the
department
(8) Provide advice, consultation and such special
reports to City council, City Manager and department
heads as Consultant deems necessary for the conduct of
city business
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The City is not concerned with the details or means used by
Consultant to achieve the results identified in the General
Duties Section.
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: 4/8/94
C. Dates or Estimate of Time for Delivery of Deliverables:
Deliverable No. 1: Reports to City Council and
Redevelopment Agency finalizing and accepting
Audit Reports for FY 1992-93 -- by April 19, 1994
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 Page 13
?-/7
_ _ _.__~__._ __. ___...~_.__..,."__...____.__.m.·.___.
Deliverable No. 2 : Projected city-wide Revenues for FY
1994-95 -- by May 1, 1994
Deliverable No. 3: Review and approve summary reports
to City Council on investments of City funds --
monthly
Deliverable No. 4: written plan for year-end closing
of FY 1993-94 books -- by June 15, 1994
Deliverable No.5: Coordination of new bond issues and
analysis of refinancing of existing bond issues --
by June 23, 1994
D. Date for completion of all Consultant services:
June 23, 1994
9. Insurance Requirements:
( ) statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000.
( ) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage).
( ) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
(X) Business Automobile Liability Insurance: Bodily Injury
of $500,000 each person and $1,000,000 each accident,
and Property Damage of $100,000 each accident.
10. Materials Required to be Supplied by city to Consultant:
Office space, City's financial records, and office supplies.
In order to minimize the cost of this agreement, city will
also provide a city vehicle for Consultant's City business
and commuting use within the Chulavista area. Said vehicle
will not be used by Consultant for:
(a) Commuting to Consultant's Place of Business or home in
Visalia¡
(b) Consultant's personal use other than commuting within
the Chula vista area or related de minimus use; or
(c) Consultant's business use for clients other than city.
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 7-Jr Page 14
,.....---.-------.. ----"-_..._.----_._-,_..~--_._-_._-
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
Single Fixed Fee Amount: $19,250, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
April 28, 1994 $5,250
May 26, 1994 $7,000
June 23, 1994 $5,000
July 7, 1994 $2,000
B. ( ) Phased Fixed Fee Arrangement
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set
forth . Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
City shall have issued a notice to proceed to Consultant as to
said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
c. ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, city shall pay Consultant for the productive
hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and
Materials Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum
Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 7"/'1 Page 15
""-'--'--'--- ,,'-'.. ..,.__._--"--,~-~~-
required of Consultant for $ including
all Materials, and other "reimbursables" ( "Maximum
Compensation").
(2) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred
time and materials equal to $25,000 ( "Authorization
Limit"), Consultant shall not be entitled to any addi-
tional compensation without further authorization
issued in writing and approved by the City. Nothing
herein shall preclude Consultant from providing
additional Services at Consultant's own cost and
expense.
Agreement between City of Chula Vista and Susan B. Merrill, C.P.A.
Marth 14, 1994 Page 16
?·:;.IJ
~ ____.. _.__'.___...__...~___._.._.._._._______._~___U._..__
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
Interim Finance Administrator Susan B. Merrill $50
( ) Hourly rates may increase by 6% for services
rendered after [month] , 19 , if delay in
providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
( ) Reports, not to exceed $ :
( ) Copies, not to exceed $ :
(X) Travel from Consultant's place of
business in Visalia to Chula Vista, not
to exceed $300 per week for either
airfare-related costs or mileage on
Consultant's own vehicle (at $0.24 per mile)
( ) Printing, not to exceed $ :
( ) postage, not to exceed $ :
( ) Delivery, not to exceed $ .
.
( ) Long Distance Telephone charges,
not to exceed $ .
(X) Other Actual Identifiable Direct Costs:
lodging in the Chula vista/san Diego area,
not to exceed $200 per week.
13. Contract Administrators:
City: Jim Thomson, Deputy city Manager, 276 Fourth
Avenue, Chula Vista, CA 91910, (619) 691-5031-
Consultant: Susan B. Merrill, C.P.A. at address and phone
number shown on Exhibit A, Paragraph 6.
14. Liquidated Damages Rate:
( ) $ per day.
( ) Other:
Ag.-nentbetween City of Chula Vista and SlLo;an B. Merrill, C.P.A.
March 14, 1994 7',;J.j Page 17
,--,,'.__.--,,--- ..__.-'"---~
15. statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
( ) Not Applicable. Not an FPPC Filer.
(X ) FPPC Filer
(X ) List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(X ) Monthly
( ) Quarterly
( ) other:
B. Day of the Period for submission of Consultant's
Billing:
( ) First of the Month
(X ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: 100-420-5201
Agreement between City nf Chula Vista and Susan B. Merrill, C.P.A.
March 14, 1994 'ì '" .2.).. Page 18
.......---...-.."...--.----"..- ,-~-~-,_.~--
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 3/22/94
ITEM TITLE: Resolution ) 'l'¡.;J.(, Approving First Amendment to
Agreement with Remy and Thomas for Litigation
Representation Services
SUBMITTED BY: r~ssistant city Attorney Rudolf
4/sths Vote: Yes___No-X-
When the city of Chula vista and County of San Diego approved the
final version of the otay Ranch Project, part of the approval was
an indemnification agreement by OtayVista Associates, indemnifying
the City and the County in the event of an attack on the project
approval. On December 1, 1993, Chaparral Greens and Daniel Tarr
sued the city and the County and Baldwin, alleging inadequacies in
the final program EIR and/or violations of CEQA. Council, by
Resolution No. 17547 on January 4, 1994, ratified a Three-Party
Agreement whereby Remy and Thomas (Tina Thomas, Esq.) would
represent the City pursuant to that indemnification agreement, at
otay vista's expense.
Approval of the resolution and agreement will authorize Tina Thomas
of Remy and Thomas to continue to represent the City in that
litigation at otay vista's (Baldwin's) expense.
RECOMMENDATION: Approve the attached resolution approving the
First Amendment to the City's Agreement with Remy and Thomas for
legal representation in the Chaparral Greens litigation.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUBSION:
Approval of the resolution will increase the maximum compensation
set forth in the Agreement from $75,000 to $160,000, and clarify
the payment schedule for these services. It will allow continued
representation of the City by Tina Thomas of Remy and Thomas, the
attorney who has provided advice with regard to compliance with
CEQA and the adequacy of the EIR throughout the entire planning
process. Both the City and the County are named as Real Parties in
Interest in the litigation, and the defendant is the Baldwin
Company, through its corporate entity, otay vista Associates.
FISCAL IMPACT: None, the agreement calls for all payments to be
made by the Baldwin Company and the establishment of a deposit
account so that the city has no funds exposed for payment of
attorney's fees in this matter.
M:\Ho~e\Attorney\Chapparl
~'I
---_._~_.~_._...~---------_..~--------
RESOLUTION NO. I? 'I.;., t,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO
AGREEMENT WITH REMY AND THOMAS FOR LITIGATION
REPRESENTATION SERVICES IN CONNECTION WITH THE
CHAPARRAL GREENS LAWSUIT, AND AUTHORIZING
MAYOR TO EXECUTE SAME
WHEREAS, the City, by Resolution No. 17347, on
January 4, 1994, approved an Agreement with Remy and Thomas for
Litigation Representation Services in connection with the Chaparral
Greens lawsuit; and,
WHEREAS, it is necessary to amend said Agreement to
increase the total amount of Agreement from $75,000 to $160,000;
and,
WHEREAS, Otay vista Associates is required by an
Indemnity Agreement to defend, indemnify and hold harmless the City
regarding any litigation arising from City's approval of the Otay
Ranch Project, including payment for legal counsel to represent
City in such litigation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the First Amendment to
Agreement with Remy and Thomas for Litigation Representation
Services in connection with the Chaparral Greens lawsuit, a copy of
which is on file in the office of the City Clerk as Document
No. (to be completed by the City Clerk in the final
document) .
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said First
Amendment for and on behalf of the City of Chula vista.
Presented and Approved as to form by
Attorney
(M:\Ho.e\Attorney\Re.y.Res)
r,,).,
_·.,'·.__·m·._.".__.._~__~~__._._____.~
,
FIRST AMENDMENT TO AGREEMENT WITH
REMY AND THOMAS FOR
LITIGATION REPRESENTATION SERVICES
WHEREAS, the city of Chula Vista, by Resolution 17347 on
January 4, 1994, approved an Aqreement to provide for 1itiqation
representation services in connection with the Chaparral Greens
lawsuit; and
WHEREAS, since that time, it has become apparent that
litiqation expenses will be hiqher than oriqinally anticipated; and
WHEREAS, Otay Vista Associates (Baldwin) is responsible
for and aqrees to pay all costs involved in defendinq the
litiqation as a result of the Indemnification Aqreement approved by
the Council as part of the final approval of the Otay Ranch
Project.
NOW, THEREFORE, the parties hereto aqree as follows:
1. That Paraqraph 2.b.iv be amended to chanqe the amount
of $75,000 to $160,000 to read as follows:
"iv. Consultant shall not incur costs or billinqs which,
in total, exceed One Hundred Sixty Thousand Dollars
($160,000.00) without further written approval of the
city."
2. That Paraqraph 3.a. be amended to chanqe the method
of payment to read .as follows:
a. Developer shall compensate City for all services
rendered by Consultant pursuant to this Aqreement. Developer shall
not make any payments of compensation or otherwise directly to
Consultant. Developer shall promptly review all invoices upon
receipt from City, and notify City in writinq of any items objected
to within ten (10) days of receipt. Disputed items shall be
resolved by City within fifteen (15) days of receipt of written
objection. Developer shall pay to City the followinq amounts at
the followinq times:
March 25, 1994: $21,000
April 25, 1994: $21,000
May 25, 1994: $21,000
and at least two-thirds (2/3) of all fees for services for the
months of February 1994, and each month thereafter, prior to trial,
plus one hundred percent (100%) of all reimbursable costs, until
all services are paid in full; provided that, in any event, all
services and costs are paid in full prior to the date set for the
hearinq on the merits in the Chaparral Greens case; or, in
accordance with the security deposit provisions following. Upon
payment to City, City shall promptly, not later than fifteen (15)
1
ff" .3
- - --.._----_._..._.__.._.~"_._.__.~_._-
: I1AR-l~ i~'''94 £19', 15 ~Ñ -&.-'619 ¿S~4200000I2IOOIX NO. 5855612 p.2P.03
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,
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.- days' 'from receipt. of pay¡aent from Developer, pay t.he amount
." ~eceived, t9 Consultant. -
,
.r 3. All other tens and conditions not modi:fied by this
, Firat Amendment to Agreement .hall remain in full force and efteot.
.-- :m WITNESS WHEREoF I City, COnsultant and Developer have
exeouted this Agreement this day of March, 1994.
CITY OF CHULA VISTA OTAY VISTA ASSOCIATES
-
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-. . Tim Nader, ~ayor
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COUNCIL AGENDA STATEMENT Item~
Meeting Date 3/22/94
ITEM TITLE: Resolution I '7 'I.2? Authorizing the City Manager to direct additional
services pursuant to paragraph ID of the original agreement with Rick
Engineering Company to prepare topographic maps along Interstate 805 north
of Telegraph Canyon Road to south of Otay Valley Road
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City ManagerJe\ ~ ti~ (4/5ths Vote: Yes_No_XJ
At the Council meeting of June 15, 1993, Council approved an agreement with Rick Engineering
Company to provide topographic mapping for CalTrans project study report at four (4) interchanges
along 1-805; Telegraph Canyon Road, East Palomar Street, East Orange Avenue and Otay Valley road.
After close review ofthe preliminary topographic mapping, CalTrans requested additional topographic
information at the Otay Valley Road interchange. The additional information is needed by CalTrans
to fully analyze alternative design solutions at the Otay Valley Road interchange.
Rick Engineering Company has agreed to perform the additional work for a cost not to exceed $4,800.
RECOMMENDATION: That Council approve the resolution authorizing the City Manager to direct
additional services under the agreement with Rick Engineering Company.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The 1992-93 Capital Improvement Program includes a design study for four (4) 1-805 interchange;
Telegraph Canyon Road, East Palomar Street, East Orange Avenue and Otay Valley Road. In order
for CalTrans to perform their required project study, the City must furnish topographic mapping
illustrating existing land features. On June 15, 1993, Council retained the firm of Rick Engineering
to perform the required topographic mapping. After CalTrans reviewed the first submittal by Rick
Engineering, CalTrans requested that additional mapping information be provided at the Otay Valley
Road interchange. CalTrans states that this additional topographic information is needed to evaluate
alternative design solutions at the Otay Valley Road interchange. The additional work consists of
plotting information areas not covered under the original contract from the previous aerials. Rick
Engineering agreed to perform the extra work for a cost not to exceed $4,800. The cost is based on
the hourly rate used in the original contract.
The contract provides that the City can require additional services either on an hourly fee or a fixed
fee basis. Staff has negotiated a fixed fee. Therefore, it is recommended that Rick Engineering
Company be required to provide services for plo)1:ing additional mapping areas as requested by
CalTrans for a cost not to exceed $4,800 and extend the agreement termination date from April 1,
1994 to August 1, 1994.
FISCAL IMPACT: Funds are available in Account No. TF-147: 1-805 Project Study Report. The
original contract with Rick Engineering was for $86,000. This increase of $4,800 will bring the total
contract cost to $90,800.
ZAO:HX-022 9~ / WPC F:IHOME\ENGINEER\AGENDA\1730.94
- - --..-. . -~...,._._,-- _..,._..._._~_._- "','''--'---','-'''-'-'''''- _..-.~-"_.~----_._----
RESOLUTION NO. 17"/ ~ '1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
DIRECT ADDITIONAL SERVICES PURSUANT TO
PARAGRAPH ID OF THE ORIGINAL AGREEMENT WITH
RICK ENGINEERING COMPANY TO PREPARE
TOPOGRAPHIC MAPS ALONG INTERSTATE 805 NORTH OF
TELEGRAPH CANYON ROAD TO SOUTH OF OTAY VALLEY
ROAD
WHEREAS, at the Council meeting of June IS, 1993, Council
approved an agreement with Rick Engineering Company to provide
topographic mapping for CalTrans project study report at four (4)
interchanges along I-80S; Telegraph Canyon Road, East Palomar
Street, East Orange Avenue and Otay Valley Road; and,
WHEREAS, after close review of the preliminary
topographic mapping, CalTrans requested additional topographic
information at the Otay Valley Road interchange; and,
WHEREAS, the additional information is needed by CalTrans
to fully analyze alternative design solutions at the Otay Valley
Road interchange; and,
WHEREAS, Rick Engineering Company has agreed to perform
the additional work for a cost not to exceed $4,800.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby authorize the city Manager to
direct additional services pursuant to Paragraph 1D of the original
Agreement with Rick Engineering Company to prepare topographic maps
along Interstate 805 north of Telegraph Canyon Road to south of
Otay Valley Road.
Presented by A~~ed as
/~~
John P. Lippitt, Director of ruce M.
Public Works Attorney
c: \rs\rick1
9 ",;1.
- -----.-----,..-----.------" -~,..._--- -. -----------
COUNCIL AGENDA STATEMENT
Item / /)
Meeting Date 3/22/94
ITEM TITLE: a) Resolution 17YJ.~ÌIecting call for construction bids for Phase 2 of
Assessment District 90-2 and Phase 3 of the Otay Valley Road Construction
b) Resolution 1:7 '1"- \uthorizing City Engineer to approve a change order
with the County of San Diego to facilitate widening of the bridge at Otay
River
c) Resolution I 71.7PAuthorizing the acquisition of right-of-way from
Katsumi Takashima for the construction of Phases 2 and 3 of the Otay
Valley Road Widen~t
SUBMITTED BY: Director of Public Works ?
REVIEWED BY: City ManagerJG\,~ . (4/5ths Vote: Yes_No X)
In June 1992 the City Council by Resolution 17204 awarded the contract for construction of Phase 1 of
Otay Valley Road between I-80S and Nirvana Avenue. Phase 1 of Otay Valley Road construction is the
first part of a two-phase assessment district project for the improvement of Otay Valley Road between 1-
805 and the easterly City limits then south to the northerly limits of Otay River bridge crossing. A second
project approved in the 1993-94 CIP budget was Otay Valley Road Phase 3 (S1M-319) which included
the improvement of Otay Valley Road from the northerly limits of the Otay River bridge crossing
southerly to Otay Rio Subdivision (see attached map).
In order to construct Phase 2 improvements of Otay Valley Road, a preliminary step in the assessment
district proceedings is for the City Council to direct staff to call for bids. In addition, the City needs to
acquire property from three more property owners to construct the improvements. We have obtained an
agreement from one of these three property owners (Katsumi Takashima) and are negotiating with the
other two: Baldwin Vista Associates and Borst Revocable Trust.
RECOMMENDATION: That Council approve the resolutions: 1) directing a call for construction bids;
2) authorizing the City Engineer to approve a change order; and 3) authorize the acquisition of right-of-
way from Katsumi Takashima.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
City Council in June of 1992 approved the formation of Assessment District 90-2 Otay Valley Road.
Included in this Assessment District was the construction work for Phase 2 of Otay Valley Road. Phase
2 improvements consist of improving the roadway to a four-lane travelled way east of Nirvana Ave. The
estimated construction, right-of-way, mitigation and contingency costs for Phase 2 from east of Nirvana
Avenue to the northerly limits of the Otay Valley bridge crossing per the proposed plans is $3,564,000.
This is $710,000 more than previously anticipated. The increase is due to adding to the scope of work.
The major items added include: I) the cost ($350,000) for an additional mitigation site required by the
environmental agencies due to the presence of the Least Bell's vireo, the listing of gnatcatcher on the
Endangered Species list and additional impacts to wetland, which became a requirement subsequent to the
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Page 2, Item 111
Meeting Date 3/22/94
public hearing; 2) the cost ($200,000) of additional embankment to provide full-width grading to six lanes
which staff recommends to avoid environmental constraints in the future; and 3) an increase in the
contingency fund from 14% to 20% ($120,000). Staff recommends the full-width grading with the Phase
2 project because environmental permits require revegetation of the slopes with Coastal Sage Scrub. Staff
is concerned that temporary slopes would then become gnatcatcher habitat and future widening of the road
would necessitate yet additional mitigation. As the full-width grading to six lanes will enable widening
to occur in the future and will be needed for Otay Ranch development, it is staff's intention to add the
$200,000 cost to any future Transportation DIP program in this area. Staff also recommends increasing
the contingency because of the environmental issues on this project, complexities of widening within the
wetland area, and the project has not been bid yet.
Phase 3 of Otay Valley Road extends from the northerly limit of the bridge currently being constructed
by the County of San Diego southerly to the northerly limits of Otay Rio Subdivision. A portion of the
funds for construction of this roadway section were included in the 1993 -94 CIP budget. The Phase 3
plans as proposed consist of the widening of the 26-foot wide bridge presently being constructed by the
County to a width of 52 feet and additional roadway construction tying this widened bridge to Otay Rio
Subdivision. This will provide one northbound lane and two southbound lanes across the river. The
construction cost, right-of-way, incidentals, staff, mitigation expenses, etc. for this portion of the work are
anticipated to total approximately $700,000. Only $150,000 for this portion of the work was included in
the FY 93-94 CIP. The increase is due to the inclusion of bridge widening within the scope of work and
providing additional environmental mitigation (landscaping, right-of-way, monitoring and mitigation
improvement). Previous estimates, which were done before last years rains washed out the road, only
included widening the then existing embankment. It is anticipated that an additional $550,000 will need
to be appropriated for this proj ect.
Staff proposes to award one contract for Phases 2 and 3 together prior to June 30, 1994 because this
project is included in Cycles 4 and 5 (Phase 2 and 3, respectively) of the State-Local Transportation
Partnership Program (SB 300). This program will reimburse the City with SB 300 funds in the amount
of approximately $400,000, depending on the final construction costs. However, the Fish and Game
permit issued on this project will not allow the Contractor to begin construction activities until after
September 15, 1994 in order to avoid the Least Bell's vireo and gnatcatcher nesting impacts. Listed below
is the proposed schedule for construction of Phase 2 and 3 of Otay Valley Road.
Action Date
Advertise for bids April 2, 1994
Receive bids May 11, 1994
Appropriate money and award contract June 7, 1994
Begin construction September 15, 1994
End work May 22, 1995
The above schedule allows for some flexibility on the actions while still meeting the June 1994 contract
award deadline.
Adequate funds are not currently available for construction of the Phase 2 and Phase 3 improvements.
It is anticipated that staff will be requesting appropriation of $1,260,000 ($710,000 for Phase 2 and
$550,000 for Phase 3) at the time of award of contract on June 7, 1994. Staff proposes to utilize available
revenues from the Transnet fund to fund the additional costs. Staff anticipates receiving a $400,000
STLPP reimbursement which will offset the revenues used from the Transnet fund. Additionally, these
/¿;-.;l..
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Page 3, Item It)
Meeting Date 3/22/94
costs were included in the RTIP report that was approved by Council in February of this year. Bonds for
Phase 2 will not be sold until June or July. The bid documents have been prepared to reflect the
uncertainty of funding and hence the uncertainty of the award of contract and notice to proceed. The bond
counsel, F. MacKenzie Brown, will review the documents prior to calling for bids.
Widening of Bridge at Otav River - Change Order
The City Council on October 10, 1993 approved an agreement with County of San Diego for the
construction of a bridge over the Otay River on Otay Valley Road. This agreement calls for the City and
county to agree that the bridge construction and replacement shall consist of:
1. Addressing and obtaining all mitigation and relevant permits including habitat enhancement
required by the appropriate resource agencies for the bridge construction.
2. County construction of a bridge (Phase I) 28 feet wide by 80 feet long supported by FEMA funds.
3. City widening as part of our Phase 2 Otay Valley Road proj ect the County's constructed bridge.
The City's widening is to be from 28 feet wide to 52 feet wide (12 feet each side).
The County of San Diego is currently constructing their phase of the bridge. In order to facilitate our
future widening, it is desirable to have the current contractor install some additional pilings at this time.
Staff estimates the cost of this work to range from $30,000 to $41,000. By having the County's
Contractor install the additional pilings needed for the City's widening, the City will save the cost of
another move-in by a pile driver. In addition, the work would be more costly in the future because of the
close working quarters caused by the existence of the bridge. The contractor has estimated that doing the
work now will save the City $30,000-$40,000. Staff is requesting that the Council authorize the City
Engineer to approve payment to the County for this work. The County Engineer has agreed to process
this change order. Funds are available in the current CIP budget (STM-319).
Right-of- W av Acauisition
To construct the Phases 2 and 3 improvements of Otay Valley Road, we require the acquisition of rights-
of-way, drainage easements and slope rights from various property owners. Mr. Katsumi Takashima, one
of these owners, has agreed to dedicate the needed rights-of-way/easements across his property to the City
for a just compensation of $55,275. This compensation is based upon an approved appraisal and is
supported by the appraiser's opinion of the fair market value. Sufficient funding is available in the
project's fund (CIP ST-123 and CIP STM-319). Mr. Takashima requested payment for the right-of-way
by the end of March and approval of the resolution will enable staff to accommodate his request. Staff
is working with the other two property owner and when negotiations have been completed, staff will be
returning to Council for authorization.
FISCAL IMPACT: The estimated total cost of the Otay Valley Road project (phases 1, 2, 3) is
$13,813,616, which includes the additional funds needed of $1,260,000. Prior contributions to this project
total $5,465,703 plus $422,500 for the Darling Delaware properties. The balance of funds needed,
$6,515,413, will be obtained from bond proceeds and cash payments.
An outline of funding sources is presented in Table 1.
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Page 4, Item II)
Meeting Date 3/22/94
I TABLE I I
FUND 996 ST-123, 123A, OVOOI, RD205 1,765,167
FUND 996 ST-123 (slopes/improvements) 775.807
FUND 996 ST-123, 994 (litigation) 172,836
Assessment No.7 19,367
FUND 996 TF-220 89,300
FUND 600 TF-220, TF-208 100,000
Sewer Fund 222 ST-123 1,161,000
SDG&E 20A 320,000 ,
SDG&E 20A Oleander to Nirvana 642,226
Sewer Fund 222 420,000 ,
Assessment District Cash & Bond Proceeds 6,515,413
City Advance for Series C Bonds 422,500
Phase 3 (STM-319) 150,000
Funds Needed
(1) This is a previously approved loan to the district which is to be
repaid from future Transportation DIP for atay Ranch area.
(2) This is a previously approved loan to the district to be
reimbursed by SB-300 funds upon completion of construction.
P) Estimated cost of SDG&E work equals estimated allocation of
20A funds available for project from SDG&E.
(4) Amounts include money already encumbered for the project.
(5) Approved by Resolutions 16706, 16725, and 16886.
The City will advance a maximum of $422,500 from Fund 996-9960-STl23 (RDA) to cover the Series
C bonds. The Series C bonds are to cover the Rio Otay Subdivision (Darling Delaware properties. These
bonds will be issued when the site is cleared of the environmental concerns. This money will be
recovered if these bonds are issued.
Assessment No.7 is the animal shelter property (City property). Staff recommended that this be paid off
during the cash collection period at a cost of $19,367. This will come from Fund 996-9960-STl23 (RDA)
and is included in Table I above.
The City has obligated approximately $671,357 of General Fund money to cure any deficiency or
delinquency which may occur in the Redemption Fund by failure of property owners to pay annual
assessments. This is a Limited City Pledge. Funds so advanced shall be reimbursed to the City from
payments of delinquent assessments and/or the proceeds of the redemption or sale of the parcel or parcels
for which payment of delinquent assessment installments was made from City funds.
SLHlFile No.; AO-086
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D.....WN 8Y'; AR ITL.£' OrAY VALLEY ROAD WIDENNING PAE~.A£D ey,
.. Eo PHASE I, /I 8 III INTERIM CONSTRUCTION
.,--...-.-.----... ..--.-.--..- -------_......_----
RESOLUTION NO. 17'1~r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DIRECTING CALL FOR CONSTRUCTION
BIDS FOR PHASE 2 AND PHASE 3 OF THE OTAY
VALLEY ROAD CONSTRUCTION PROJECT
WHEREAS, in June, 1992, the City Council by Resolution
17204 awarded the construct for construction of Phase 1 of Otay
Valley Road between 1-805 and Nirvana Avenue; and,
WHEREAS, Phase 1 of Otay Valley Road construction is the
first part of a two-phase assessment district project for the
improvement of Otay Valley Road between 1-805 and the easterly city
limits then south to the northerly limits of Otay River bridge
crossing; and,
WHEREAS, a second proj ect approved in the 1993-94 CIP
budget was Otay Valley Road Phase 3 (STM-319) which included the
improvement of Otay Valley Road from the northerly limits of the
Otay River bridge crossing southerly to Otay Rio Subdivision; and,
WHEREAS, in order to construct Phase 2 improvements of
Otay Valley Road, a preliminary step in the assessment district
proceedings is for the city Council to direct staff to call for
bids.
NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council
of the City of Chula vista does hereby direct staff to call for
construction bids for Phase 2 of Assessment Dist ict 90~Z and Phase
3 of the Otay Valley Road Construction. . I
vad at I
Presented by
John P. Lippitt, Director of (ruce M. ¡ . City
Public Works Attorney
c: \rs\phase2.ov
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RESOLUTION NO. 17'1.2.'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ENGINEER TO
APPROVE A CHANGE ORDER WITH THE COUNTY OF SAN
DIEGO TO FACILITATE WIDENING OF THE BRIDGE AT
OTAY RIVER
WHEREAS, the City Council on October 10, 1993 approved an
agreement with the County of San Diego for the construction of a
bridge over the Otay River on Otay Valley Road; and
WHEREAS, the County of San Diego is currently
constructing their phase of the bridge and in order to facilitate
the City's future widening, it is desirable to have the current
contractor install some additional pilings at this time; and,
WHEREAS, staff estimates the cost of this work to range
from $30,000 to $41,000; and,
WHEREAS, by having the County's contractor install the
additional pilings needed for the City's widening, the City will
save the cost of another move-in by a pile driver; and,
WHEREAS, staff is requesting that the Council authorize
the City Engineer to approve payment to the County for this work
and the County Engineer has agreed to process this change order.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula vista does hereby authorize the City Engineer
to approve a change order with the County of San Diego in an amount
not to exceed $41,000 to provide additional pilings per drawing on
file in the office of the City Engineer to facilitate widening of
the bridge at Otay River. ed ;[ ~)m by
Presented by
John P. Lippitt, Director of Bruce M.
Public Works Attorney
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RESOLUTION NO. 17~:J¿;
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ACQUISITION OF
RIGHT-OF-WAY FROM KATSUMI TAKASHIMA FOR THE
CONSTRUCTION OF PHASES 2 AND 3 OF THE OTAY
VALLEY ROAD WIDENING PROJECT
WHEREAS, to construct Phases 2 and 3 improvements of otay
Valley Road, the City requires the acquisition of rights-of-way,
drainage easements and slope rights from various property owners;
and,
WHEREAS, Mr. Katsumi Takashima has agreed to dedicate the
needed rights-of-wayjeasements across his property to the city for
a just compensation of $55,275, which compensation is based upon an
approved appraisal and is supported by the appraiser's opinion of
the fair market value; and,
WHEREAS, sufficient funding is available in the project's
fund; and,
WHEREAS, Mr. Takashima requested payment for the right-
of-way by the end of March and approval of the resolution will
enable staff to accommodate his request.
NOW, THEREFORE, BE IT FURTHER RESOLVED the city council
of the City of Chula vista does hereby authorize the acquisition of
right-of-way from Katsumi Takashima in the amount of $55,275 for
the construction of Phases 2 and 3 of the Otay Valley Road Widening
Project.
Presented by aa t bY~
John P. Lippitt, Director of Bruce M. y
of Public Works Attorney
C:\rs\katsul1i
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COUNCIL AGENDA STAlEMENT
Item /1
Meeting Date 03/22/94
ITEM TITLE: Resolution: / 7 '13 ~pproving an Agreement between the City of Chula
Vista and the County of San Diego for the design and construction of a left-
turn pocket at Sweetwater Road, east of Winnetka Drive; and reappropriating
funds to reimburse the County for the street improvement
SUBMITrED BY: Dh=<o, of p~", ,ruI R=re#.
Director of Public wo~
REVIEWED BY: City Manager~ ~' ./7 ~ (4/5ths Vote: Yes X No_)
The Rohr Park Phase II Improvement Project includes improvements to the curb and gutter,
sidewalks, paving of the parking lot and driveway at the Sport Fields, and the driveway and entry off
of Sweetwater Road. In reviewing the plans for traffic impact, the City's Traffic Engineering Division
has recommended a left-turn pocket for west-bound traffic on Sweetwater Road to reduce west-
bound traffic accumulating and causing traffic to stop before entering the park. Sweetwater Road,
along this section, is under the jurisdiction of the County, who has plans to develop bike lanes along
Sweetwater Road.
An agreement with the County of San Diego would authorize the County's Public Works Department
consultant to re-design this portion of Sweetwater Road, and include a left-turn pocket for west-
bound traffic at the Rohr Park Sports Fields entry. The agreement would also authorize the City to
reimburse the County's inspection, administrative and construction costs. The County would include
this street improvement as part of their Sweetwater Road Bike Lane project, scheduled to begin in
June 1994.
RECOMMENDATION: That Council:
1. Approve the Agreement between the City of Chula Vista and the County of San
Diego to design and construct a left-turn pocket for west-bound traffic at the Rohr
Park Sport Fields entry;
2. Re-appropriate $25,800 from the East H Street, I-805/Del Rey Blvd. Reconstruction
Project (250-2501-STM303), to Rohr Park - Phase II Improvement Project (250-2501-
PR-I66); and
3. Authorize the Mayor to execute the Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The Rohr Park Phase II Improvement Project was advertised and awarded in
November 1993, and will be completed by the end of March, 1994. During plan review, it was
determined there is insufficient road width at the park entry area to accommodate a turn-lane into
[All3 . AGRMNTSD.A13]
March 11, 1994
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Page 2, Item II
Meeting Date æ/22/94
the park, without impacting the County's bike lane project. The Traffic Engineer has recommended
the installation of a left-turn pocket to accommodate safety concerns due to potential liability at this
entry way. The liability involved would be from west-bound traffic coming around a curve and
meeting a stopped line of vehicles entering the park. The County has agreed to have their
consultant, Kercheval Engineers, re-design the roadway to accommodate the turn-lane, and to include
the street improvement in their Sweetwater Road Bike Lane construction project, if the City would
reimburse the County for the added costs. The County has provided the following cost estimates to
incorporate the turn-lane in the street improvement project.
A DESIGN COST
1. Re-design (consultant) ........................................ $2,500
2. Review and Administrative Cost .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,500
B. CONSTRUCTION COST
1. Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $18,800
2. Inspections . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.000
TOTAL .................................................. $25,800
It is recommended that Council approve the Agreement to have the County incorporate the left-turn
lane in their Bike Lane Improvement Project, and reimburse the County for the design and
construction costs. The agreement contains a clause granting the City the right to concel the contract
in the event the construction cost is bid above the $18,800 estimate.
FISCAL IMP ACf: The $25,800, required to reimburse the County for their design and construction
costs associated with incorporating a left-turn lane at the Rohr Park Sport Fields entry, is proposed
to be paid from Gas Tax Funds remaining from the recently completed East H Street, I-80S to Del
Rey Boulevard Reconstruction Project (STM303). The use of Gas Tax Funds is recommended
because the proposed improvements will be located within Sweetwater Road.
Attachment: Agreement
[All3 - AGRMNTSD.A13]
MarcbtS,1994
II"~
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RESOLUTION NO. 17'1.3/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE COUNTY OF SAN
DIEGO FOR THE DESIGN AND CONSTRUCTION OF A
LEFT-TURN POCKET AT SWEETWATER ROAD, EAST OF
WINNETKA DRIVE; AND REAPPROPRIATING FUNDS TO
REIMBURSE THE COUNTY FOR THE STREET
IMPROVEMENT
WHEREAS, the Rohr Park Phase II Improvement Project
includes improvements to the curb and gutter, sidewalks, paving of
the parking lot and driveway at the Sports Fields, and the driveway
and entry off of Sweetwater Road; and
WHEREAS, in reviewing the plans for traffic impact, the
city's Traffic Engineering Division has recommended a left-turn
pocket for west-bound traffic on Sweetwater Road to reduce west-
bound traffic accumulating and causing traffic to stop before
entering the park; and,
WHEREAS, Sweetwater Road, along this section, is under
the jurisdiction of the County, who has plans to develop bike lanes
along Sweetwater Road; and,
WHEREAS, an agreement with the County of San Diego would
authorize the County's Public Works Department consultant to re-
design a portion of Sweetwater Road, and include a left-turn pocket
for west-bound traffic at the Rohr Park Sports Fields entry; and,
WHEREAS, said Agreement would authorize the city to
reimburse the County's inspection, administrative and construction
costs.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the city of Chula vista does hereby does hereby approve an
Agreement between the city of Chula Vista and the County of San
Diego for the design and construction of a left-turn pocket at
Sweetwater Road, east of Winnetka Drive, a copy of which is on file
in the office of the City Clerk as Document No. (to be
completed by the City Clerk in the final document).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
1 /J-- :J
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BE IT FURTHER RESOLVED that the sum of $25,800 is hereby
reappropriated from the East H street, I-80S/Del Rey Blvd.
Reconstruction Project (2S0-2S02-STM303) to Rohr Park - Phase II -
Improvement Project (PR-166) Account to fund the street
improvements.
Presented by
Jess Valenzuela, Director Bruce M.
of Parks & Recreation Attorney
c: \rs\PR166
2 //-0/
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AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF CHULA VISTA FOR THE
DESIGN AND CONSTRUCTION OF A LEFf TURN POCKET
AT SWEETWATER ROAD EAST OF WINNETKA DRIVE
This AGREEMENT executed this day of , 1994, by and between the COUNTY
OF SAN DIEGO, a political subdivision of the State of California, hereinafter referred to as
"COUNTY", and the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as
"CITY".
WITNESSETH
WHEREAS, COUNTY and CITY are empowered by Government Code sections 6500 et. seq.
to enter into a joint powers agreement to exercise powers jointly held; and
WHEREAS, COUNTY and the CITY desire to cooperate and jointly participate in engaging
the COUNTY's consultant now preparing plans and specifications for bike lanes along Sweetwater Road
to add the design of a left turn pocket to the COUNTY's agreement with said consultant; and
WHEREAS, the CITY desires to add road improvements to Sweetwater Road between Winnetka
Drive and Central Avenue, in order to provide a ten foot left turn pocket at sta. 63+75, for access to
a proposed City of Chula Vista park facility; and
WHEREAS, the COUNTY agrees to include the construction of the improvements desired by
the CITY in its construction of the proposed COUNTY's public works project contract; and
WHEREAS, these improvements to Sweetwater Road in the aggregate, hereafter referred to as
"PROJECT", will benefit residents of the City and the County; and
WHEREAS, COUNTY will engage the present design consultant, Kercheval Engineers, to make
these changes to the project. The CITY will reimburse the COUNTY for this extra work; and
WHEREAS, COUNTY and CITY decide to specify herein the terms and conditions by which
the design and construction of said project shall be accomplished and financed;
NOW, THEREFORE, IT IS mutually agreed between the COUNTY and CITY as follows:
1. COUNTY LEAD AGENCY. The COUNTY shall be the lead agency in utilizing the
present design consultant to provide plans, specifications and cost estimates for the PROJECT. The
Consultant contract will require that the design of the PROJECT be in conformance with COUNTY
standards for that portion in the COUNTY and CITY standards for that portion in the CITY. The
consultant and construction contracts will require that the consultant and/or the contractor indemnify,
hold harmless, and defend COUNTY and CITY respectively regarding damages or claims arising out
of performance of said agreements with respect to each public entity's jurisdictional territory. Both
WPC F:IHOMEIENGINEERI1681.94 Page 1
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contracts will require the consultant and/or the contractor to obtain and maintain either commercial
general liability insurance (including errors and omissions coverage) protecting both entities as additional
insured with respect to negligent design and/or construction, as appropriate, or, if not included in such
insurance, separate errors and omissions coverage protecting both public entities.
2. COUNTY RESPONSffiILITIES. The COUNTY shall be the lead agency and provide
CITY with all back up information necessary to enable CITY to ascertain its share of the "PROJECT"
costs as provided herein.
3. CITY RESPONSffiILITIES. The CITY shall be responsible for all design costs for the
improvement of Sweetwater Road, from Winnetka Drive to Central Avenue. These costs shall include
the Design Engineer's fee to modify the COUNTY's plans to accommodate the improvements desired
by CITY. This fee is $2,500. In addition, CITY shall reimburse COUNTY for its administrative and
design expenses attributable to the "PROJECT" These expenses are $2,500.
a) The CITY shall pay the $5,000 amount ($2,500 plus $2,500) upon approval of
this Agreement by both parties.
b) Unless the CITY's Director of Public Works exercises the right to cancel
provided herein, the CITY shall be responsible for the actual cost to construct and
inspect its portion of the "PROJECT". The estimated cost of the improvements
attributable to the CITY is about $18,800. The estimated cost for the inspection
of the improvements is $2,000.
c) Right to Cancel. The CITY shall have the right to cancel this agreement within
30 days of the opening of the bid by COUNTY if the low bid amount for
construction of the CITY's share of the "PROJEer" exceeds the $18,800
estimated cost. If CITY determines to exercise such right, CITY's Director of
Public Works shall provide written notice of cancellation actually received by
COUNTY Director of Public Works within said 30 days. In such event, CITY's
liability shall be limited to the $5,000 fIrst payment made pursuant to this
agreement. In the event the low bid amount is equal to or less than the $18,800
estimated cost, or otherwise accepted by CITY, the CITY shall pay the
construction and inspection costs of the "PROJECT" in two payments. The fIrst
payment shall be in the amount of the bid items submitted by the low bid
contractor and reflecting the CITY's portion of the "PROJECT" plus $2,000 for
Inspection. This payment shall be made by CITY within 30 days of the opening
of the bid by COUNTY. The second and [mal payment (or reimbursement by the
COUNTY) shall be made within 30 days of the acceptance of the overall
construction project by COUNTY and shall be based on the " as-built" quantities
paid to the low bid contractor for the construction of the CITY's portion of the
"PROJECT" .
4. ACCEPTANCE. Upon consultant's completion of the design documents, CITY shall
have the right of reasonable review and acceptance, which shall not be unreasonably withheld. CITY
shall be provided the right of reasonable review and approval of any change orders requested in
connection with the left hand turn lane portion of the "PROJECT".
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5. INDEMNITY. COUNTY shall indemnify, defend and save CITY and CITY's officers
and employees harmless from and against any and all active and passive liability, claims, suits, actions,
damages, and/or causes of action arising out of any personal violation of any federal, state, or municipal
law or ordinance, or other causes in connection with any activities under this Agreement of COUNTY,
COUNTY's employees or agents, or on account of the performance or character of the work,
unforeseen difficulties, cost, counsel fee, expenses and liabilities incurred in obtaining expert testimony
and the attendance of witnesses, expenses and liabilities incurred in and about such claim, the
investigation thereof, or the defense of any action or proceeding brought thereon, and from and against
orders, judgements, or decrees which may be entered therein. These indemnity provisions are not
limited in any way by the extent of any policy of insurance currently in force and held by either party.
6. MODIFICATION. This Agreement may not be modified, amended or otherwise changed
unless by an amendment in writing and executed by both parties.
7. TERMINATION. This Agreement shall terminate, except for indemnification
obligations, after the completion and acceptance by the COUNTY of the construction of the PROJECT,
including payment of all amounts due under the terms of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed by the County of San Diego pursuant to
action taken by the Board of Supervisors and the City of Chula Vista pursuant to action taken by its City
Council.
CITY OF CHULA VISTA COUNTY OF SAN DIEGO
BY: BY:
Tim Nader, Mayor Clerk of the Board of Supervisors
ATTEST APPROVED AS TO FORM "-
BY: BY:
City Clerk County Counsel
DATE:
BY:
WPC F:IHOMBIFNGINBI!R\1681.94 Page 3
1/-7
^ ,.,,_____________ ..n_ __,..' ._.,...._.__._...,_.._.. ..__,_,,___._.__._.,,____b_..._
COUNCIL AGENDA STATEMENT
Item /..2..
Meeting Date 3/22/94
ITEM TITLE: a) Public hearing on widening Broadway from "I" Street to "L" Street
b) Resolution 17'1.3 ~ Directing staff to complete the design
and final plans for the widening of Broadway from "I" Street to
"L" Street
SUBMITTED BY: ""'00< of Pob"" w~
REVIEWED BY: City Manager--J4 ~ ~ (4/5ths Vote: Yes_No.1O
On November 7, 1972, Council passed Resolution No. 6655 adopting Council Policy 576-12.
This policy requires a public hearing before City Council prior to any action widening travelways
within the City. During the FY 1993-94 Capital Improvement Program (CIP) budget process,
Council approved funding to widen Broadway from "I" Street to "L" Street. Portions of
Broadway north and south of the project's limits have been or are now being widened. This
public hearing is over the section of Broadway from "I" Street to "L" Street.
RECOMMENDATION: It is recommended that Council:
1. Hold a public hearing on the widening of Broadway from "I" Street to "L" Street.
2. Direct staff to complete the design and final plans for the project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On October 17, 1989, Council by Resolution No. 15349 approved the basic street standards for
various streets shown on the Circulation Element of the General Plan. Broadway is classified
as a four-lane major roadway on the circulation plan. In previous fiscal years, Council has
approved the widening of Broadway to meet these City standards. Specifically, Broadway was
widened from "F" Street to "I" Street in FY 1992-93 and reconstructed from "L" Street to Moss
Street this fiscal year.
On Wednesday, March 2, 1994, staff met with about 40 property owners and tenants potentially
impacted by this widening project. A notification letter was sent on February 18 to all 165
owners and tenants affected by this project. Also notified were the Broadway Business
Association and the Chula Vista Chamber of Commerce. At this meeting the merchants voiced
concern about the impact the construction activities will have on their businesses, provided
suggestions as to how these impacts could be diminished. While there were two business owners
present that were in total opposition to the project the rest of the businesses were generally
/';-j
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Page 2, Item /.2.
Meeting Date 3/22/94
supportive of the project. Their major comments/recommendations will be discussed below and
are summarized on the attached exhibit. Prior to our March 2 meeting, staff met with the
Broadway Business Association on January 6, 1994 to give the members an update on the
planning of the project.
The general scope of the project is to widen the travelway in this portion of Broadway from 70
feet to 80 feet in order to provide both on street parking and a continuous two way left turn
lane. The continuance of the existing parking and the widening to provide the two way left turn
lane will make this section of Broadway both safer and more beneficial to the adjacent
businesses. The existing curb, gutter and sidewalk on each side of Broadway will be removed
and new curb, gutter and sidewalk will be constructed 5 feet behind the positions of the existing
curb line. Existing improvements such as driveways, pavement, street lights, traffic signals and
street trees will be removed and replaced. No raised medians will be constructed in this portion
of Broadway. Left turn vehicular movements will be accomplished via a continuous left turn
striped median. Construction of the project will take place within the existing right-of-way. No
additional right -of-way will be required for the project with the exceptions of minor property
acquisition on some corner lots necessary to construct new curb returns.
It is important to note that prior to the commencement of the widening work, the existing
overhead facilities in this portion of Broadway will be undergrounded by S. D. G & E., telephone
and cable t.v. This work will be accomplished via Underground Utility District No. 117.
Public Hearin!! Requirement
On November 7, 1972, Council adopted Council Policy 576-12 by Resolution No. 6655. This
policy requires a public hearing before the widening of travel ways within the City can be
accomplished. To prepare for tonight's public hearing, staff met with the area owners and
tenants on March 2, 1994 and with the affected utility companies on January 12, February 9 and
February 22, 1994. The purpose of these meetings was to obtain input from the affected
merchants/utility franchises in the design and subsequent construction of the proposed project.
Through this communication process, we have obtained suggestions which will diminish the
impacts associated with construction activities of this magnitude and nature.
Since the March 2 meeting, we have been working to address each of the merchant's major
comments/recommendations. The majority of these comments/recommendations have been
found to be appropriate and will be implemented. Notes from the meeting including a list of
comments and concerns is attached.
Specific measures which we plan to implement as a result of this consultation process include:
. dry utility undergrounding work performed by one contractor who will
underground S. D. G. & E.' s electric lines and install conduit for both
telephone and cable t.v.
. S.D.G.& E's undergrounding contractor will also do any necessary work on the
gas lines
I~"",'l.
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Page 3, Item /.).
Meeting Date 3/22/94
· do west side of street first and only ~ mile at a time - the contractor
would be required to complete the improvements on one side within the
~ mile before moving to the next section
· After removal of the existing curb, gutter and sidewalk the new improvements
must be installed within 10 working days
· construction of all curbs, gutters and sidewalks to be completed before
demolishing and removing pavement
· use high early strength cement for driveway construction
· complete drainage work in summer
· prohibit work from November 1994 to January 1995
· have contractor work 10 hour days
· keep full-time inspector(s) on the job
· equip the inspector with a pager - provide the pager number to the
merchants
· inspector to personally contact each merchant prior to actual work
commencement adjacent to the shop
· keep on-street parking as long as practicable
· minimize depth of structural section
· maintain all driveways signed and open
· meet weekly with merchants and/or business association during
construction
· start north end of project and work south
· advertise shops are open for business during construction period
We are still working on the following comments/recommendations:
· Do the west side first
· Can you install signs on Fifth Avenue advertising our stores
· Keep on-street parking
· Will City pay to relocate my signs and/or structures
· Sewer in the 700 block needs to be installed along Broadway instead of
at rear of properties
Based on our meeting with the merchants, it is staff's opinion that, in general, they are
supportive of the project. One of the major reasons for their support is that they are able to
compare the existing condition of this reach of Broadway with the two improved portions to the
north and south. Another big reason is the fact, that no median islands are proposed with this
project. Other general reasons include the fact that the existing pavement is deteriorated and
requires reconstruction; the street is currently carrying high traffic volumes; and the
undergrounding of utilities can be better coordinated.
Construction Scheduling
The current schedule for the project shows the disruption work associated with the
undergrounding of utilities to run through the summer of 1994. We propose to complete the
installation of the drainage part of the widening project during this same period. It is important
I~"'J
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Page 4, Item~
Meeting Date 3/22/94
to note, however, that the majority of the drainage facilities will be installed along "I" Street,
rather than along Broadway as was the case in the previous two jobs. It is expected that the
utility companies will continue their relocation work from September to November 1994, with
little or no disruption to the merchants.
Based on the comments received from the merchants and the experiences gained from the
previous projects, we propose to begin the street widening work in January 1995. Once
commenced, the contractor will be allowed to demolish existing curb, gutter, and sidewalks, 'A
mile ahead of their replacement, and will have up to 200 working days to complete the project.
The merchants we met with understand that this schedule will impact their sales; but that it is
proposed with their overall interest in mind while accommodating the City's bidding/funding
constraints (SB 300 revenues will be used to finance the project, requiring it's award prior to
June 30, 1994).
Propertv Access Durin!! Construction
Perhaps the major concern expressed by the merchants was that of property access during
construction. Several options were discussed and are proposed by staff. They are:
· use early strength cement - allowing driveways to be open within 72 hours
to vehicular traffic as opposed to one week
· place driveways lh at a time - keeping access to the property open at all
times
· properties with more than one driveway will keep at least one open
driveway at all times
· install 4 ft. x 4 ft. wooden signs adjacent to each business advertising shop
is open to business and/or clarifying access points
· keep close contact with merchants to plan work schedules which
accommodate their merchandise delivery periods
· wherever possible, provide alternate access point
· set limits on number of hours contractor can block/disrupt access to the
property
Staff Recommendation
It is staff's recommendation that Council direct that we proceed with the completion of the plans
and specifications to widen Broadway from "I" Street to "L" Street without median islands.
Staff has been receptive to the merchant's concerns regarding disruption to their businesses
during the construction activities. We propose to prepare a "tight" set of specifications which
I,), . J/
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Page 5, Item /.2..
Meeting Date 3/22/94
include measures that diminish this adverse impact. In addition, we propose a construction
schedule, which is designed to minimize the construction period while eliminating disruptive
activities during the merchant's busiest period of the year. Staff will maintain close, daily
communications with the area merchants and act proactively to diminish the daily inconveniences
attributable to construction activities. The inspector will contact each merchant prior to
commencement of work activities immediately adjacent to his/her shop and provide the merchant
his pager number in case they need to discuss the work activity with him. All the concerns
expressed by the merchants at our March 2 meeting will be addressed on the contract
specifications. Prior to advertisement of the contract, staff will provide Council an information
report listing all the measures included in the specifications which address the concerns of the
merchants.
Conclusion
The purpose of the proposed widening of Broadway between "I" Street and "L" Street is to
provide a travelway that accommodates existing and projected traffic volumes. Widening of
Broadway to the north and south of this project's reach has been completed or will be completed
this fiscal year.
The concerns raised by the merchants impacted by the construction activities are listed above
and all will be addressed in the contract's plans and specifications. Staff believes that the
concerns expressed by the merchants at the March 2 meeting are valid. The project as
proposed, incorporates all the measures the merchant's suggested and collectively will diminish
these adverse impacts. Staff has endeavored to balance the merchant's concerns/desires with the
physical construction requirements which will enable the City's contractor to complete the
project in the shortest time while maintaining a safe environment for all (construction workers,
merchants and traveling public).
All property owners and tenants impacted by this project will be notified of the public hearing
and will receive a copy of this agenda statement.
FISCAL IMPACT:
$3,501,600 has been appropriated for this project including $24,000 for right-of-way acquisition,
$387,000 for design, and $3,090,600 for construction (contract, inspection, and contingencies).
The budgeted funds are estimated to be sufficient to cover the project's cost. A more recent
estimate has not been completed because the design is still in the preliminary stage. An
information report will be provided to Council prior to advertising the contract and will include
an up to date cost estimate for the project.
RS/FileNo.: AX-102
WPC F:\home\engineet\agenda\1728.94
Attachments NOT SCANNED
/,1. ,5'
.. .__..~ - - ..--..-..-----------..--'"---------
RESOLUTION NO. /'lJfJJ.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DIRECTING STAFF TO COMPLETE THE
DESIGN AND FINAL PLANS FOR THE WIDENING OF
BROADWAY FROM "I" STREET TO "L" STREET
WHEREAS, on November 7, 1972, Council passed Resolution
No. 6655 adopting Council Policy 576-12 which policy requires a
public hearing before City Council prior to any action widening
travelways within the city; and,
WHEREAS, during the FY 1993-94 Capital Improvement
Program (CIP) budget process, Council approved funding to widen
Broadway from "I" Street to "L" Street; and,
WHEREAS, portions of Broadway north and south of the
project's limits have been or are now being widened and the final
plans for the section of Broadway from 11111 Street to ilL" Street
need to be completed.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula Vista does hereby direct staff to complete the
design and final plans for the widening of Broadway from "I" Street
to ilL" Street.
Presented by ;r
tBruce M.
John P. Lippitt, Director of
Public Works Attorney
C:\rs\broadway.I2l
1.2-¿'
_._~_._.__.- .--'-..-
March 3, 1994
AX-102-3
TO: File
FROM: Roberto Saucedo, Sr. Civil Engineer
SUBJECT: Broadway - I Street to L Street
On March 2, 1994 we held a meeting with the owners and/or tenants
of property along Broadway from I Street to L Street. The meeting
was held in the Council Chambers and started at 6:00 p.m. and
ended at about 7:45 p.m. We had sent Previous notification of
this meeting via mail.
Present at this meeting, and representing our Division were Shale
Hanson, Dick Dysart, Mario Ingrasi and myself. Representing SDG&E
were Pat Barnes and Benny Pepe. Representing Cox Cable TV was
Bill Le Veau. There were about 40 Broadway merchants present at
the meeting. A copy of the attendance list is attached to this
memo.
The meeting was conducted by Shale Hanson and myself utilizing
the attached agenda. In general, the meeting went well because
the merchants took an active participation. They are very
concerned about the impact the work will have on their clients
and their bottom line. There were a few persons that expressed
their overall dissatisfaction with the project and questioned the
need to improve this portion of Broadway.
The following were some of the comments we received:
· Start at the North end and do the West side first.
· The Summer is when I do my most business.
· Don't work during the December Holidays.
· How do we get a hold of the contractor during the weekend?
· Hold weekly progress meetings and invite merchants.
· Supported 10 hour work days.
· Keep a full time Inspector on the job.
· Can you install signs on Fifth Ave advertising our stores.
· Keep on street parking.
· will City pay to relocate my signs and/or structures.
· Sewer in the 700 Block needs to be installed along Broadway
instead of at rear of properties.
· Can my driveway be wider when it is rebuilt?
· How will project affect deliveries of supplies? What can be
done about it?
· Will wall blocking view at 725 be demolished?
· Will we be notified of undergrounding work schedule? Who
will be our contact during this work?
· will city remove my building if it is encroaching onto R/W?
cc: John Lippitt
Cliff Swanson
1~'7
March 2, 1994
AG.ENDA
fw:
MEETING TO DISCUSS THE BROADWAY "I" TO "L" CONSTRUCTION
1. Welcome & Introduction (staff, utilities, etc.)
2. Purpose of meeting - to describe proposed project and receive input from
owners and tenants.
3. General description project.
a. Widening of each side of Broadway 5 feet
b. New drainage facilities
c. New traffic signals and street lights
d. No median islands to be constructed. There will be a continuous left
turn lane.
e. Landscaping to consist of the installation of palms, similar to F to I.
f. Proposed schedule.
g. Undergrounding of utilities.
4. Measure to be taken to minimize impact to area businesses.
a. No construction to take place between Nov.1,1994 & Jan. 1,1995
b. City is considering alternate type of base material that will allow
driveways to be open to traffic same day existing pavement is removed.
c. Driveways will be constructed of high early concrete. (Traffic can drive
ofthem within 72 hours.)
d. Once concrete is remove in front of a business it is to be replaced
within 10 working day.
e. The work will proceed a quarter mile ahead at a time(a total of 1/2 mile
of roadway will be disturb by the construction at anyone time).
f. Altemate driveway access to be provided when possible.
g. Signs to be installed to advise the driving public that the businesses are
open.
h. City is working with the utilities to minimize their impact on the area
businesses.
5. Coordination and cooperation with area business.
a. City staff and contractor representatives will be attending the Broadway
Business Association weekly meetings.
b. Project inspector will be on site at all times. He will try to resolve any
immediate problems due to construction.
6. Open meeting for input from property owners and tenants for suggestions
or questions.
I.).-~
--._-_.._--~..._---
~OPOSED
~RUCTION SCHEDULE
BROADWAY WIDENING PROJECT
(I STREET TO L STREET)
ST130
ADVERTISE APRIL 16, 1994
MANDATORY PRE-BID MEETING MAY 15, 1994
RECEIVE BIDS MAY 25, 1994
AWARD CONTRACT JUNE 14, 1994
EXECUTE CONTRACT JUNE 30, 1994
BEGIN WORK
a} STORM DRAIN & UTILITY WORK SUMMER OF 94
b} STREET IMPROVEMENT WORK JANUARY, 95
/.2 -1
- _"___. - ._______..._~.___ __.__._....______~_"._.___. ____ ___ __..._..._.u ___ . . -~._-_._._~.,~---~-. .- .
March 2, 1994
ATTENDANCE
AI
MEETING TO DISCUSS THE BROADWAY "I" TO "L" CONSTRUCTION
NAME HOME & PHONE
BUSINESS #
ADDRESS
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.'. ._,.._._'n'..____.....____.__._.___..__._.....___.___··_._.._.__.___~_.,__._.___
March 2, 1994
ATTENDANCE
AI
MEETING TO DISCUSS THE BROADWAY "I" TO "L" CONSTRUCTION
'"..
NAME HOME & PHONE
BUSINESS #
ADDRESS
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._~ ~._._.~-..------'-" ..----
March 2, 1994
ATTENDANCE
AI
MEETING TO DISCUSS THE BROADWAY "I" TO "L" CONSTRUCTION
NAME HOME & PHONE
BUSINESS #
ADDRESS
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1.2~/;"
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PUBUC HEARING CHECK UST
PUBUC HEARlNG DATE: $./.JJlq '-l
SUBJECT: (N~ 80·.... -lb·· -ð r-- t, :r" J... .. L" ~ t..u± .
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LOCATION:
SENT TO STAR NEWS FOR PUBLICATION -- BY FAX v'; BY HAND ; BY MAIL
PUBUCATION DATE ,A / 1'1./ c¡ Y - -
MAILED NOTICES TO PROPERTY OWNERS_f'^ ë;t"r - ,'- J- NO. MAILED
PER GC §54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK ~ / II I G --/
COPIES TO:
Administration (4) V
Planning ,/
Originating Department
Engineering v
Others
City Clerk's Office (2) V'
POST ON BULLETIN BOARDS ..af¡ I /9'-/
SPECIAL INSTRUCTIONS:
7/93 . -55- /:;L -/3
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Considering the widening of Broadway from "I" to "L" Streets.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
March 22, 1994, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: March 9,1994
Beverly A. Authelet
City Clerk
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t- YuBA CITY CA 95993 CHULA VISTA LA 9!9!0
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Compuar-Discount Computer Outlet Publisservicios Gary's Tailor Shop
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
- ~ ,
Merc Finance Co. of Calif. Pacific Financial Services of CV Alba Hair Design
. - ,
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Gisselles Unisex Hair Styling Com una Universal De Videntes J.e. Penny
. 1 .
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Argus Liquor Deli Vista Palms Car Wash Cortez Sales & Leasing
__~..ay
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Calif Custom Truck Shells Elvee Apts Fuller Ford Trucks
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Cafe Ole Restaurant S & M Nursery Harveys Family Pizza
- ,
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
-!
South Bay Chevrolet (New Car Sales) Humphrey's Mortuary & Sunrise Memoria Veteran's Thrift Store
, '~
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, 91910
j
Humphrey Florists H & R Block Chief Auto Parts-Grnd
. L y
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
~, . -
Seven-Eleven Market Leo's Machine Shop Bentin's Auto Service
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Decker Glenn & Rebecca Wanders Trust
Chula Vista, CA 91910 Escondido, CA 92026
1;2--,2t/
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- - -- -'
Dance Hall Formosa Club California Auto Supply
838 Broadway 840 Broadway 842 Broadway
Chula Vista, Ca 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Chula Vista Auto Sales Yano Realty Sinclair Paints
846 Broadway 876 Broadway 880 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Cimmaron Truck Lines Union 76 Service Station South Bay Chevrolet (Used Car Sales)
621 Broadway B98 Broadway B18 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
-
Bay Cities Motel Boll Weevil Restaurant Montecarlo Auto Stop
864 Broadway 860 Broadway 804 B roadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
J' ~ w_ _ .
Designer Fabric Waterbed City Gary's Tux Shop
645 Broadway 639 Broadway 633 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
I
China Express New Mexico Cafe McDonalds Restaurant
635 Broadway 631 Broadway 619 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
- -
Dunkin Donuts Supercuts Beauty Shop Pete's Liquor
601 B roadway 609 Broadway 609-A Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
J J' ~ ._ -~
M & M Auto Detailing Frank's Shoe Repair Super Fabrics
663 Broadway 667 Broadway 669 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
~/~ ,~. -- -
Ace Printers Valueland Sweetwater Inn
671 Broadway 685 Broadway 683 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Chula Vista Camper & Trailer Supplies Xana Spree Yardage Town
679 B roadway 681 Broadway 655 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
! ~r
Trend Furniture Lady Di's Fuller Ford Trucks
733 Broadway 725 Broadway /;2-;2/ 753 Broadway
Chula Vista. CA 91910 Chula Vista. CA 91910 Chula Vista. CA 91910
_...om.MO.' _ __.__~_____....___~_...,_____.~_._
Southern Calif Discount Tire AI's Barber Shop Farmers Insurance
600 Broadway 616 Broadway 616-A Broadway
(hula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Barliz Flowers La )olie Imports Espuma Distributing
618 Broadway 624-A Broadway 624-C Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Octavio's Garage Quality Pay Less Furniture Guerra Auto Sales
632 Broadway 636 Broadway 644 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Cougan Auto Sales Bill & Dan's Liquor Store Chula Vista Coin Laundry
652 Broadway 670 Broadway 676 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Frank's Tool Repair/Hair & Nail Salon Alicia Hair Shop La Costa Taco Shop
682 Broadway 684 Broadway 686 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
- -_ M Thrifty Transmission
Sabrina's T&T Auto Brokers
688 Broadway 696 Broadway 694 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Edward Marino Pablo's Tai lor Shop Law Office (Rodgers)
664-A Broadway 664-B Broadway 664-C Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
n.
Pink Cadillac Beauty Salon EI Professor Global International Import/Export
664-0 Broadway 664 E Broadway 664 F Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
-- f" l(jì
H&V Graphics C).F. Courtney Tire Service Fuller Auto Lease
664 G Broadway 726 Broadway 732 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Fuller Ford New Auto Sales Moana Court Motel --. Rodeway Inn
760 Broadway 772 Broadway 778 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Harbor Freight Tools Firestone Tire & Rubber Co. Aztec Network Solutions
706 Broadway 830 Broadway /,)/ .22- 836 Broadway
Chula Vista. CA 91910 Chula Vista. CA 91910 Chula Vista, CA 91910
- - --_.._.~--_..__._.._--._-- -- -- --'---'--~-'-'--- __.__..'___,____._._n."
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CITY OF
CHULA VISTA
OFFICE OF THE CITY COUNCIL
December 16, 1993
Fritha Matus
209-8 Otay Valley Road
Chula Vista, CA 91911
Dear Mrs. Matus,
This is to acknowledge your recent letters to Officers Del Campo and Nellis concerning
the assistance they provided to you and your husband. The Mayor and City Council
greatly appreciate your bringing this matter to their attention, and share your concerns
about the problem of gang activity in our community.
As Officers Del Campo and Nellis may have explained to you, gang Intervention and
crime suppression are among the highest priorities of our Police Department, in addition
to several other city programs to reduce juvenile delinquency and related gang activity.
Earlier this year, the Chula Vista City Council also took action to substantially increase
penalties for graffiti and other gang-related vandalism. More recently, two Gang
InterventioQ Officers completed a specialized training program to better enable them to
identify and control gang activity in our community. Our Neighborhood Watch Program
has also been very successful in promoting community Involvement and reducing
neighborhood crime. If you would like additional information on such programs, or if you
would like to join a Neighborhood Watch group, you may contact our Neighborhood
Watch Coordinator (Officer Diosdado) at 691-5185.
VVI.<;S . SIò.ï
Than!< you once again for bringing your C';'nCE'rns to t"e artention of the Mayor and City
Council.
Sincerely,
..B~. ::7-.. o.._..~
Sidney &mmers
Sr. Management Assistant
SS:ps
ð~~· -j
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5044
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2Ø9--B otay Vi!! 1 ey Hoad
Chula Vista, Cal if orn i a 91911
(619) 476-,7242
!\1:::JvecnbE:~I"" 21 ~ 1 99~~::
.
O-ffic:ews F Del C¿\rnpo i.Y.r1d D. Nf?ll j,!;
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1. D. Nurnber-s 46Ø and 466
Pa.t.r-ol Division
The City of ChLtl a Vista. Police Depar-tment
276 FCJw'U, Avenue
Chula Vista, Cal iforni¿J 9i91Ø
De(::\ " 01:+ i ct~r-s DG;)l C:;¿;\mpo ¿-I.!'lei 1\It.-:~]. J. i S 'J
YCJur expr.-:·¡dient and e-ffec:tive respDnsË~ tCJ my neE'd 'f c:¡r- assj,st.···
anc:e aftew bel n~J intimidated by local gang membe.H"s on the eV€'~1ï i n~]
of 1\lovember' 17, is <. r-eatly appl"eciated.
Si nee my hU~~.il:iand '~; ¡?\ ~:; ç; i:1 u.l 'i.: Dc:: t cå~ (~:'1" '-·"'1 i£l.r¡d my h a¡.- Ü;'5 ~: i'ì!':,¡ì ~.~.
'_'J. 'I
flnom 1 Dcal CJi-..U1Çj membE~r~:::1 'I nluc::h c:;+ thr::.· jC¡y and SE;'C u '":i t y have E\/·:;::·iJOn..
r'¿¡ted, fr'om our' ~"'¡()l"'l ¡j . It is 1'"E'?mark(:\ble hCt,,1j I!)Uc:ll my fami 1'1'" 1 j, ·f l~
has changed because of (:Dntinu¿¡l intimidatioll inflicted by thE':'
hoodl,-,ms in the RB.IlCllO FUos commun it 'I (Jf Chula Vista.
I v-.,lc)l.~l d 1 i k,,' to 1::::'~< pr'c':s ;:; j ;',t~~; t. hDí,<,J much YC)L\I" c on of i d f~·~n c: c! {:;·I.rì c!
pr'o-fesE¡ifonal ~;up P C)i'" t:. (J'¡\~:?-i.:.~~n so; t:ü iT,}' +.am i. 1 y , 4·,;11 j. 1 (,? thE? t.¡," (:a(,~ 1 c. <.:.:\.nc;
violent c: i t-·C:LlHl5:¡t'.0.nc e c-f (.Ji;';i.r¡ ç~ L'lc:t :i. '/1.··t. y :i.!::; i f'cr"f~a.si ng in Ol.(J'- C::Cinmu-'
ni tV.
God knows we need mo '"e teams of officel"s just like you'
Than k--you so ffiLI.ell !
Si ncerïæl y,
I
. ~. Fidv~
. 111'" s. F~r" i tt, a\ J'1 (?;I. t'. us;
c:c /i"layor' Tim Nadl<""
,Counc i 1 man Len Moor-e
Cll i ef R1ck Emer-son
Sar-gent M. Bec:kê\ ,"
1
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.. .. _L.. ... '¡' :'=':--E.r- y M:--. Mayor" we despera.tely neEG
,,';Ct-;;:- pO~iCE pf-cte.::ti on to prevent mo¡-e violent and potei1tially
f a.t;.l .-"'~ ~---- fíOfiì h¿o.ppe,:ing. t1or"e coordinated effort is needed
,-' .I.!!!II:::;¡
t,etv-.¡ee:-; 12.w e;-,forc:ement. judicial courts .and probation depa.rt-
lì~E'r t s t,::; p]:-e\,/erït offenders fro!'!; m.&_king innocent \-'ictims out of
""'1-..1 -. Vi =:~.:a.' E citizens.
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::: C:;!· ';'. :.. g¡-w-c.;..:i fig , . ,. ~. . , c ·::¡n -::, t j. t UE'n c:: ':/. I,i_, B.r-e C:Ui'-¡'-En"t 1 y
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DC '::::C'::;;::> of 5f:O·J..i.l ng OU( ~. CJi"flE< S::J we mCl.;"" rE'} oc:¿::~t e to an 2,(-e-:?
i!-ir',G."·C":::: '-.."..: c:h i 1 c "¡.:::,!" C2,n un;::e a.ga:í.n pJ, e.'·'l1 safE:-1-)' anc1 si?curWel y" .1.1..
W~:;,-; .;. c· ~,--'.. -!;",hE_t· 'r ¡'"'¡ E-:~ ;::Ui"I"E\j":t ;;':..Li rr-, in i 5 t:- 2. t i Cjí! l.··.}oul cj C=':lt:i. ;-l;_'.E:~ hi::. :..;
.I.. ~". ,.. prE'El Genc(.;:; t::;;:;;:t 1J .~. ·:.:he p ,··¡;-:,¡i ¡:ìi...iS: ¿.;!,r:i¡~ìi n i ;:~t (' E, t:~ C);-¡ ~ t-"'~E' hopE' t:h3.-i'"
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111'··s. Ffitha. t'¡latu~,;
209-'-B Cltay Valley F<oad
Chula 'h.stEl, Califor-nia 91'711
(619) 47t;·-"7:?42
1'1a,-ch r)":, 19'14
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Counc:L 1 mian F\ober-t 1=·0;.'
Ci ty of Chula '...,Jista Councj.l Chamber-s
2'76 Fou,,·th P·¡VE-?nu€-?
Chula Vi !::;ta OJ C~'::\l i + or-ni a 91911/)
DE~¿¡.r- Councilman Fo;{ ,
I would 1 i kl:.'0 to address the issue of reSl1urces and inforrna--'
tion that. should be n~adi 1 y available to victims of violent cr-ime
in Chula Vista.
Octobp,,· :51, 19'r, , I witnessed 10cal ç¡ang members by-utall y
assault my husba.nd .. I wat.ch€,;-d my husband fall and lay helplessly
Dn thE~ gr"ound -i;":\.S tlley rest.r-ained him and beat him I~plentlessly
with a ti I'··P :i.1'-O/ì " 11y IlÙ!¡::,ba.nc:l 's only crime that evening was
d(~mon'!=.:;trati ¡-"I!.:;} conCf-Jr-n füc thp safety of some neighbor-s in our own
nei ~~hbc)I'-hoC)c:] u r1y d¡·-eam of cominq to Chula Vista h¡'as bpc:ome the
ni qhtrnar"f:::~ 0+ WC)I..·~::;(~ nightmar·t7:~;.. I fE,el tl'·'appF:?d.. I have invested
m',/ 1 ife in Chulë\ lJi s1:{.-::\ '! and yet my famj.l y is cont.inuously !5ur .~~
r~ounded by d¿:..-\ngf.:'!t'~ in (JUI'~ neighbor-hood"
A!5 i£:\ \/i c·ti m and a wi tr"¡('2ss, We -feE)l helpless.. !\lot only were
WE:;> victi m:i. ;:;::(?cI by an i3.c:1: 0+ violence, but W(~~ have been rE·-vi c:t i m~-'
i ~.: i::.:;>d 1'~f:.\P(-:?(:..o\tedl y tJY a !:JUI"'~2aucl'" acy that is L.lnl"'{-?~;ponsi ve to victims'
nE~f.:::-cls. I ¿;\m !;:)i:':J.drJened tl···,at my cit.y is not concer-ned '~noLlgh to
r~l2?nc:l(~1'"' the r~Ë}i:1dily available support. we rH?ed. Wh€-?f1 I ask for-
h\":;?l p ~ so m.;-~.ny door·s:, c:1 c¡s(·? wi t.h un+u1fillE-::;d p¡....omj. ses D'f" II We will
get: back to YDU.II. n,," city depa,,·tmpnt.s makp us feel as if we,
the victims., ar'e thE" pr"oblf¿.m; al:=.i- if we ar'e a. nuisance..
In an E·?++()I'~t to I01andle their- case loads, city df-.?partment s
a.pp~?ar tD tJ (~7.' ~:7.'mtJ i:~. t t]' (?c\ and ·f r·u~:it.r~ atf..:¿.d.. ConsE-?quentl y, no one
i. n sur~ Eo?S; t h c<t. available s;uppor·t infor-mat.ion i ~; diE;pensed t:o vi c··-
t:i.mS:.i-n Thi ~-; 1 (·?¡.:,vr.~~.; vici:ims fef21 inq that no one car~es and that thE'
~]ançJs ;;":\.1'" ~? in contTol. Point in case, I 1 Ë\ë\r'ned late in Febr-u··-
al'*Y, th2.t C;"A.Ci"T" (Citizf:?n~s' ¡;dver-si ty !5uppor-t Team) '! a cr~i~5is
i ntf.?I"""ver"¡t.i Dn pl'··Dur-am, has:. bF!en in place s;ince August, 199:5" I
was; d:i. smi:\ YE'cI t.o rE~a.liz(,;: thë\t it took fOul.... month!:; after- our~ i.:r·auma
to l~?al'~n abDl...lt. C.A"Ci.T.
¡:::':i. t"~s:;t ë:t.fïd +orE,must. , victim~; need information at the time of
C::I'''isi~~; ~ Vict:ims ial'-e OV€~~I'''whel med in thel,- moment of tl'~auma and
D-f1::.(-2[1 de> not know wher'e to bE?(jin seekj.nq ¿a!:;~5i stanc:e~ Wp nppd
to knDw W~l(?r-E-? thEof t'~C~SOUI'-·C:f..?S arc-? that v,i 11 hE'lp us I:-ecover +r-om
our' p~J.i n" It :i. ~5 t.i /nt'.=? the cit.y of Chula Vista utilize the media
to ¿-:\9 1.:.:¡Y" f?~;S;:l \¡E~l y (i~:~l i vel'" public: sel'~vi CE::'! rnessaç~es 'I to 1 pt othel....
victims kno,,'''¡ that roo E~SC:)UI'~ c f~~:~. do e;'~ i ~5t +01'- t.hem.
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k rï ()~"\I t.h-è":'\t H. wi. 11 , and I hur..t to knDw that othef-S wi.ll tH:~ vi cti (T¡"-
:i.2C\cI 13.ÇJ<:7I:i. n t.hY"DUgh vi 01 E~nCt;? and B.n unr-E,spDnsi ve bUrf?òuc::r"ac:y.
YE~t '1 I am hDpef ul that pi·?rnhaps OU!~ tl'bau.ma may se'....ve as '" 1 E:.t:.il'-n i ng
I!E';,~ p E~r' :L Ë~n c:: (.:~ t.:.CJ 1 E'S;~:;l:.?n Dth,,·,·· viet.ims· pi::li n , as they heal and
J'"G:E:!::;t,'::\h1 :L 51-1 nor"mal C\;Î in th&"!i 1'- Ii Vt:::-Sn We w(:-'?lcome the 0Ppol'"t.un i t Y
tD hË~' pc:~.I,..t C)·f t.hi s ",ffm-t \.-'J:i.th you"
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2
~à~~~
Chula vista City Council Presentation
by
E. Eric Matus
copy for
City Councilman
Robert Fox
¿/~~ -?
..-------,_...__..._--~-
Chula Vista City Council Presentation March 22, 1994
by: E. Eric Matus
209B Otay Valley Rd.
Chula Vista, CA 91911
556-2077 (wk)
REGAINING THE INITIATIVE
I'm presenting the council with packages containing details of my
presentation.
FBI Index Crimes for Chula vista is 10,170 virtually unchanged from
1989. However youth violence is up 60% while the Clearance Rate for
violent crimes dropped nearly 20%. We learned that clearance rate
is the percentage of reported crimes that end in arrests, charges,
turn-over for prosecution or citations to appear before juvenile
authorities. In San Diego County, Chula vista was 3rd in 1989 at
63%, 6th in 1992 at 52% but plummeted to 7th in 1993! Only 43% of
violent crimes were successfully investigated.
I was assaulted Halloween of 1993. My arms held by two gang members
while a third beat me with a tire iron. Afterwards my jacket was
not taken in for fingerprinting. Police argued with paramedics
while an attempt to round up the assailants for a positive ID
failed. A week after I unwittingly threw my ruined jacket away my
detective told me of a recent case solved by finger prints taken
from the victims clothing I After weeks of waiting my wife was told
our crime report was held up in a typing pool (just as related to
Mayor Nader by another victim at a recent crime forum). Weeks later
I viewed polaroid pictures ta~enu.n,c:ier fluorescent lights which
would make a 'relat1vE!"""-ná:ra"" 'Eo identify much less an assailant.
We've been told by city and county officials, "The squeaky wheel
gets the grease." And, "If I want p¡::~ss c3ll m¥~"~t~c.tiveevery
w~k." This counters my respect for thenard wOrk the police do.
BuT it usually takes over a week for the detective to answer my
calls, reports rarely contain any action or progress and many times
are contradictory.
My wife and I have talked with dozens of Navy and Local officials
and researched crime reports. My package contains a list of
suggestions of which I'll mention a few:
1. Victims should view mug shots shortly after the crime while
memories are fresh. Use camera lighting simulating natural light.
2. Deploy the much talked about mobile command post now. Equip
it's officers with ATV's or bicycles to out maneuver gang membe~~
3. Direct the Chief of Police to use strategic planning to
alleviate force overloading ie. sting operations, interagency task
groups assigned to "hot spots". Not a focus on decreased response
times.
4. Create city ordinances that penalize property managers who
&~ ~ - ?
-----.--...---.------.-
repeatedly rent to criminals. Get reality associations to address
gang issues.
5. Combat youth crime with programs that start with parents
whose toddlers are outside after dark unchaperoned.
6. Get an agreement so both San Diego and Chula Vista police
can make arrests in Otay Canyon and stop arguing over jurisdiction.
7. Form an advisory board that includes citizens, victims,
realtors, patrolmen and city officials.
Your action is desperately needed by a lot of people such as:
The young beating victim who recently still served his attackers in
the grocery store where he works and his father who told Mayor
Nader of his plight.
Family and supporters of Mr. Fitchhorn, who was beaten into a coma.
We're three of the hundreds of victims who need your help.
More suggestions:
8. Automate crime reporting to reduce duplication of effort
speed up processing and increase access to crime data.
9. Create a permanent (not temporary) highly trained gang
unit. Some of Chula Vista's present gangs date back to the 1930's.
10. Put Community Service Officers in our neighborhoods
without uniforms and in unmarked cars. Trained to build community
support and to gather information for the departments strategic
planning.
11. Form a coalition that funds an advertising campaign. Then
reveal gangs as the troubled people they are contrasted with the
"real" "cool" people ie. young sports stars, student award winners,
average students who are leading interesting and productive lives.
Promote the hundreds of things there are to do in San Diego County
and Chula Vista and advertise a designated "clearing house" agent
(a Parks & Rec. number perhaps) that people can call to get
invol ved. The media who makes money reporting on violence can
donate ad space and air time from some of those profits.
12. Enforce existing or create new ordinances that hold
parents responsible when they are shown to be shirking their
responsibilities. Increase their access to and the motivation to
utilize the various youth help programs ie. wagon trains, boot
camps, work programs. This means arranging loans with banks, access
to public funds, etc. Some funding can come from the increased
income from fines levied on negligent parents as your "strategic
plans go into effect".
ð~~ -y
13. By compiling crime statistics in a city database and
graphing against location hot spots will be better defined and
targeted.
14. Develop strategies that treat the most serious gangs as
organized crime (which they are) and then employ federal agencies
and RICO statutes as applicable.
15. Request the Chief of Police solicit feedback from victims
and frontline police, read them and have his staff compile summary
reports for the Police, City Council, and for public access.
16. Launch plans to get community services and the police on
the internet that City of San Diego, United Way and Catholic
Charities are joining.
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.
A SYSTEMWIDE
APPROACH TO
DELINQUENCY
PREVENTION
JUNE 1986
:,-.'
San Diego
~
ASSOCIATION OF
GOVERNMENTS
1200 Third Avenue
Suite 524 · Security Pacific Plaza
San Diego, California 92101
(619) 236-5383
· Criminal Justice Research Unit
Susan Pennell
Christine Curtis
This report was funded by the
Federal Office of Juvenile Justice
and Delinquency Prevention
Grant Award No. J-5112-2.84
·
¿J~~ /2
·
· MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Escondida, Imperial Beach, La Mesa, Lemon Grove,
National City, Oceanside, Poway, San Diego, San Marcos, Santee, Vista and County of San Diego.
~ ..~DVISORY/LlAJSON MEMBERS: California Department of Transportation, U.S.Department of Defense and Tijuana/Baja California Norte.
u". .__.~____. ..___.,.___." _. ___.~,,_._
·
Introduction
DISCUSSION
At the foundation of the juvenile court system in the United States is the concept
of parens patriae with the court acting in the place of the parent to protect the
interests of the child. In the past, the juvenile court had "broad discretionary
powers" to intervene in a child's life. However, since the 1950's, the legal frame-
work of the juvenile court has been changing. (Greenwood & Zimring, 1985)
The Supreme Court has upheld the right of juveniles to most of the due process
guaran tees accorded to adults, except the right to a jury trial. This has resulted
in an adversary process which more closely resembles the adult system, with both
defense and prosecuting attorneys present, rather than informal hearings held by
judges.
In addition, there is a greater emphasis on a "just deserts" model and protection of
the public from juvenile offenders. These changes are, in part, a response to
concern over the severity of crimes committed by some youth and evidence which
suggests that a rehabilitation approach has not been effective.
A report by the San Diego Mayor's Crime Control Commission (1981) indicates
that "San Diego County law enforcement officers, victims, and others tell count-
less stories of juvenile offenders arrested four or five times, or more, before they
are dealt with formally." The Commission advocated "clear and certain Conse-
quences" for the actions of young offenders, consistent with a "just deserts"
model. To this end, the Commission proposed legislation, similar to Washington
state, which includes uniform, certain, and graduated sanctions for criminal
behavior.
Local juvenile justice administrators agreed that youth were not being held
accountable, but felt that a graduated and certain response could be implemented
without statewide legislation. The Interagency Agreement was adopted in
December 1982 with the goal of holding youth accountable for delinquent acts at
an early stage rather than delaying intervention until the juvenile has been in-
volved in several minor offenses or a serious felony. This approach is referred to
as the Interagency Agreement because it involves an agreement between police,
'Probation, and the District Attorney to follow specific guidelines in the dispo-
sition of juvenile arrest cases.
The agreement outlines specific actions to be taken for arrests and probation
referrals based on the crime and the youth's prior delinquent history. For
example, a first-time misdemeanor offender is more likely to be diverted from
processing by the juvenile court than a youth arrested for a second misdemeanor
or a first-time felony offense, according to the agreement. Provisions are made
13 ¿;J ~~ /3
"'
-... - - -.-'.----.- .....+-. ...._-"..._.._+~-'^
·
Effectiveness of the
Interagency Agreement
SUMMARY
Data indicate that the Interagency Agreement may have some long-term effects
on the avera~e number of arrests committed by youth (i.e., over two years). The
agreement did not have a positive impact on the proportion of youth re-arrested
or the level of seriousness of offenses. The program may have been more influen-
tial with misdemeanor offenders; however, the results are inconclusive.
The type of law enforcement and probation disposition was not consistently re-
lated to reduced involvement in criminal behavior, but police in-house diversion
may have had some impact on youth arrested during the first few months of the
Interagency Agreement. Also, increased use of informal probation as opposed to
counseling and releasing youth may have reduced the re-arrest rates for some
youth.
Three factors were associated with lower levels of delinquent activity after
intervention by the juvenile justice system, regardless of whether or not the
Interagency Agreement was in effect: the youth being under supervision at arrest;
one or more prior offenses; and an institutional placement by the court for the
instant offense. It is presumed that these offenders would more often be deterred
or prevented from reoffending because of the restrictions associated with case
dispositions (i.e., supervision and placement in a juvenile facility).
Data for first-time offenders did not show the positive effects expected in
re-arrest rates. It may be that the youth who are aware that consistent sanctions
will be employed are the repeat offenders and that this has a slight deterrent
effect over time.
INTRODUCTION
.. The effects of the Interagency Agreement on delinquency were measured in terms
of recidivism or repeat offense rates. The hypothesis is that, as a result of the
agreement, youth would become involved in fewer delinquent acts (i.e., recidivism
rates would decrease after intervention). As mentioned previously, three time
periods were studied: youth arrested prior to adoption of the agreement; during
the first few months of operation; and after the program was fully operational. A
sample of youth was selected from all juveniles arrested in San Diego County
.. during each study period. This arrest is considered the tracking offense.
The following measures of recidivism were used in the analysis:
- . The proportion of youth in the three comparison periods who were re-
o
arrested.
;,. . {/J (;~'- /1
39
~
_.~---------
.
Intervention and
Diversion Programs
SUMMARY
An important feature of the Interagency Agreement is the emphasis on the Use of
police intervention programs and community agencies as an alternative to formal
processing for first-time offenders. The in-house programs developed by police
stress accountability and consequences for behavior. This option is used in 10% of
the police dispositions. These programs generally require youth to write an essay,
receive counseling from an officer, and participate in a work project. Some youth
(6%) are also referred to an outside agency, primarily for counseling.
Youth and parents who participated in the San Diego Police Department Inter-
vention program, for the most part, reported positive changes in the youth's
behavior as a result of the program. Most also felt that the sanctions or conse-
quences received were "just about right".
INTRODUCTION
This chapter presents study results related to diversion and intervention programs
used by police officers in juvenile case dispositions. These include law enforce-
ment intervention programs as well as services provided by community-based
agencies. Results from the juvenile disposition study provide an overview of the
types of services provided, program completion rates, and coordination between
justice agencies and youth service providers. Additionally, telephone interviews
with youth and parents involved in the San Diego Police Department intervention
program allow a more in-depth analysis of the impact of this type of program on
youth and their families. Questions address satisfaction with the intervention
program, changes in the juveniles' behavior, and suggestions for improving the
program.
JUVENILE DISPOSITION STUDY
Juvenile disposition study results presented represent juvenile case dispositions
during a three-month period: December 15, 1984 to March 15, 1985. During this
time, 10% of all juvenile arrests were referred to police in-house intervention
programs and 6% were referred to community-based agencies by law enforcement.
In-House Diversion or Intervention
,
The most common activity used by law enforcement diversion programs in the
region is the essay (60% of the diversion cases). (Table 29) In these cases, the
youth is asked to write a paper regarding the offense committed. A significant
proportion of youth in diversion programs also received some form of counseling
(59%). Several of the activities are considered sanctions and are intended to show
57 ¿J~ ~ /'
. /~
..
Conducting a thorough screening and background check on prospective tenants may be the most important
step in renting your property. Owners and managers of rental properties who do not adequately screen
prospective tenants may invite illegal activity on their property . lII!lgal activity can cost the landlord thousands
of dollars. Activity associated with drug dealing can lead to damaged property, loss of paying tenants and
lawsuits filed against the property owner by neighbors. Property owners are obligated by law to ensure that
activities on their rental property do not create a nuisance or interfere with the peace and quiet of their
neighbors. By conducting a thorough screening and background check, landlords can reduce the chance of
renting to drug dealers.
Applicant Self Screening
Applicant sed screening is used to weed out, as eariy as possible, applicants pianning illegal activity. Clearly
post the rules and regulations on the property. People with dishonest intentions will quickly understand that
your property is not for them.
Advertising
Advertise to reach honest and law abiding tenants. Tell prospective tenants what you are looking for and what
you expect. State in your advertisement that verifiable references are required and that criminal and drug
activity will not be tolerated or accepted. This will eliminate many dishonest people who would have otherwise
applied. A well written advertisement can save you time and money. Remember. your advertising must be
presented in the exact same manner to every applicant who applies and must not imply unlawful
discrimination.
~'B"'l)IÐ:
For Rent: Two bedroom, one bath apartment in nice area. References
required and they will be verified. This is a drug-'ree complex.
Application Information
There are several pre-printed landlord-tenant contracts currently available. They can be obtained from
various rental management associations. The information obtained will be crucial in screening applicants.
The following are basic information gathering questions:
Full Name: Include middle name, maiden name, and aliases.
Date of BIMh -.
Driver License Number and State
Social Security Number
Names, BIMh Dates, and Relationships: Include each person who is going to occupy the premises.
Employment History: Include the past two years. Request salary information, supervisor's name,
telephone number and business address. Pay stubs help to verify this information. If they are self-employed.
ask for copies of their tax returns.
4 ~~ It
"---.. . ~"-_..._--'"
,.~ Additional Income : This is necessary it the applicant is using this income to quality.
Bank References: Obtain the bank name, address, phone number and account number.
Names, Add,..... and.Telephone Numbers of Last Two Landlord.: This is very important! Do not
accept an answer of "' forgot."
Applications can be modified to suit your personal needs. You may ask specific questions such as, "Have
you or any person named in this application been arrested for possessing, using or selling drugs?" and "Have
you ever been evicted from a rental property?" Questions of this type are legal and you can require your
applicant to answer them. The only legal requirement is that YOIt ask every applicant the exact same
questions.
When the application is col1l'leted by the applicant and given to you, make sure that every question has been
answered. Complete information is needed to effectively process the application.
How to Verify Application Information
Contact the Previous LandlordsThe most important telephone calls you make will be to the previous
landiords to verify the applicant's information. A telephone call to the previous landlords can provide insight
into the applicant's past behavior. Call the previous two landlords so you have two points of view. The
applicant's second to last landlord is most likely to give you an accurate assessment of the applicant.
Sometimes the applicant's last landlord will paint a positive picture of the applicant to get them out of their
rental property. If possible, meet the previous landlords in person to discuss the applicants. This will allow
you to confirm that you are talking to the previous landlord and not someone just claiming to be the landlord.
( I, ~. Prepare a list of questions to ask the previous landlords. Be sure to ask the most important question of all,
"Would you rent to this person again?" Most landlords fail to contact the applicant's previous landlords. Do
not fall into this trap. Information you gain from talking to previous landlords can save the headaches of
renting to a bad tenant.
Compare the Picture Identification to the Application Information
Make sure the applicants have picture identification. Compare the 1.0. with the application information for
aCCuracy. If the applicant cannot explain why they do not match, turn this applicant down and move on to
the next applicant. Take pictures of all adulls on the rental agreement and attach it to the agreement.
Conduct a Credit Check
Obtaining a credit report on an applicant provides a way to verity application information. Credit checks show
past addresses, court ordered evictions, past due bills and the I?verall credit worthiness of the applicant. The
telephone directory, under "Credit Reporting Agencies", lists providers of this service. Fees vary. There
usually is a one-time, lifetime subscriber fee ($50 to $500), after which there typically is a per applicant fee
($10 or more). This is money well spent. However, if you cannot afford the credit check, at least contact the
bank listed on the application to verity the applicant does in fact have an account and that the applicant's
check is good.
Verify Income Source!L_
Always look up in the telephone book the telephone number ot the employer listed by your applicant. This
will ensure that you are actually talking to the employer. Verity the applicant's income. If the applicant is self
employed, get copies of his last two tax retums. This information allows you to determine if the applicant can
afford the rent payments with the amount of reported income.
~ Remember, drug dealers love to deal on a cash only basis. By taking the time to verify the applicant's income,
you can tell if the person is making an honest living.
5VJ~ /7
Accessing Public Records
Criminal and civil histories of prospective tenants can be obtained by contacting the San Diego Municipai
Court Clerk's Office at 220 W. Broadway in downtown San Diego. The office is on the second floor of the
court house in room 2005. Go to the window marked "Criminal: The court will require the name and date
of birth of the person to be researched. The clerk will conduct a computer check that provides conviction
information of felonies, misdemeanors and traffic infractions for the past five years. If only one name needs
to be researched, ~ may be done over the phone by calling the Clerk at 531-3040.
To obtain a search covering ten years, a request slip is needed. You will be required to provide a picture 1.0.
of yourseU to the clerk. The clerk will give you a micro-fiche to-use on the machine behind you. The micro-
fiche has the defendants' names listed alphabetically. Remember, you will need to search each year forthe
subject's name. To the right of the name is a file number. Wr~e the file number down on the request slip and
give it to the clerk.
The clerk will allow you to review the file at the window, but you cannot remove rt. Bring paper and a pen to
take notes. If you need copies, the cost is $1.75 per year of record; certified copies cost $3.50.
For civil court histories. there is a file to the right of the micro-fiche machine. The names of the defendants
and plaintiffs are listed alphabetically. Remember, you will need to search each year for the subject's name.
Civil actions and small claims actions are separated, but are within the same tile. Once you find the name,
the file number is to the right. Write down the file number on a request siip and take it to the window marked
"Civil" (same room).
The criminal and civil records are only ofthose cases occurring wrthin the county of San Diego. If your subject
has lived outside the county, you need to contact that county's clerk by telephone and request a record check.
The downtown library has telephone books for most counties, or dial411 for information.
california Drtver License Information
You may obtain the driving record of a prospective tenant by filling out an information request form (INF 70),
available at the information booth of any Department of Motor Vehicles. You will need the subject's name
and date of birth. Their driver license number or 1.0. number is helpful but not mandatory. You may also
request a search of a license piate for information on the registered owner. The cost is $5.00 and there is
a ten daywa~ing period. The form and the $5.00 fee must be mailed to: DMV, PO. Box 944247, Mail Station
0-146, Sacramento CA 94244-2470. The DMV will not release any address information.
How to Turn Down an Applicant
If you have screened all applicants by the same fair rental guidelines. you may reject an applicant who does
not meet those guidelines. When you tum down an applicant based on a credit report, simply state. "Based
on the information I received from your credit report, you do not meet our rental guidelines." When you reject
an applicanf based on information you have paid for (a cred~ report), you are required byfederallawto supply
the applicant with the name and address of the reporting party.
If you reject a~licant based on information received from previous landlords or personal references, you
are not required to tell the applicant who provided the information. Simply tell the applicant, "Based on a check
of your application information you do not meet our rental guidelines." If the applicant wants to know the
reason forthe application rejection, you may require him to submit his request in wrrting to you w~hin 60 days
and you will respond in wrrting. " you reject an applicant based on information provided by a personal
reference, you are not required to tell the applicant in person why you rejected his application. You are
required by law to tell an applicant that he has the right to submit a written request for that information within
60 days.
It is a good idea to post the rental guidelines, disclosure information and regulations for tuming down an
applicant. This prevents problems .that may occur from rejected applicants.
6 Ô~~ /6
_...-"
4'8 Miscellaneous Screening Suggestions
There is no system which will guarantee the selection 01 good tenants. However, most problem tenants can
be avoided by using thorough screening techniques. Taking the extra time to conduct a personal interview
with each prospective tenant can provide great insight into the person who wants to rent your propeny. Also
watch how the applicant inspects the rental propeny. Does he look closely at each room? II he quickly runs
through the property without stopping to study room sizes or ask any questions. chances are he is not going
to be a legitimate tenant. Remember, drug dealers do not care what a place looks like or what size it is. Screen
all persons who will be living on the property.
Always look at how the application has been lilled out. A legitimate applicant willlill in every box on the
application and often provide more intormatlon than you request. An honest person has nothing to hide. II
you receive an application that is only panially filled out or the person cannot remember his last address or
landlord, then investigate lunher. II you find discrepancies in t!'le application, ask more questions.
Remember, the reason for applicant screening is to prevent problem tenants lrom ever renting your propeny.
II you lind out that an applicant has iied or given false inlormation to you, turn them down and move on to
the next application.
II you remember only one thing Irom this applicant screening process, let it be the fOllowing:
",t Is easier to keep dishonest applicants out of your rental property
than It Is to evict them once they are there. ..
re
.
7V~~ /1
The Basics
Objective: Minimize misunderstandings between you and your tenant to provide a basis for fair problem
resolution down the road.
· Use a contract consistent wijh current law or you will lose options.
· Point out key provisions that address "loophOlwa" and make sure the tenant knows you take
them seriously.
· Conduct a walk through inspection with your tenant to protect yourself against false accusa-
tions. Have your tenants sign the rental agreement to verify property condijions and smoke
detector inspections.
Use a Current Rental Agreement
Many property managers continue to use the same rental agreements they started wijh years ago. Federal
and State law can change yearly, and case law is in constant evolution. Generally speaking, you will want
new forms every two years. With an outdated rental agreement. you may give up many of your options for
legal eviction. If a smart tenant chooses to fight. an outdated agreement may cost you the case.
Unless you are planning to work wijh your own attorney to develop rental agreement provisions, you may
want to consider rental agreement forms provided by a rental management association. Various rental
management associations provide rental agreement forms. as well as other management forms, and
consider it their job to assure the forms are consistent wijh current law.
Elements to Emphasize
Inspect the rental agreement you use and be sure it includes the provisions listed below. If they are not in
the rental agreement, add them. Point out the provisions to your tenant and communicate that you take you r
rental agreement seriously. Note that this list is not comprehensive. it only represents elements that are
occasionally overlooked. and are particularty important for preventing and/or terminating drug house
tenancies.
. The period 01 the rental agreement Is month-to·month.ln some parts of the country, year-
long leases are standard. If you offer a month-to-month rental agreement. you retain the option
~serving a 30 day no-cause notice to terminate. If you lock a tenant in for a year, you will need
to serve a tor-cause eviction notice should they become involved in drug activijy.
. Subleasing Is not permitted. Make it clear that the tenant cannot assign ortranslerthe rental
agreement. and may not sublet the dwelling. Or specify that a sublease is permitted only if the
sublease candidate submits to the landlord a complete application and fee, and passes all
screening criteria.
You must maintain control over your property. Often the people who run the drug house are not the peopie
who rented ij. This provision will not stop all efforts to sublease, but ij may prevent some and ij will put you
in a stronger legal position if you have to evict an illegal sublessee.
8 V~~ c2c~
_.~-
I'it . Only those people listed on the rental agreement are permitted to occupy the premises. If the
tenant wants another person to move in, that person must submit a co~leted application and
pass the screening criteria. To make this provision work, you will need to define the difference
between a "guest" and a "resident." This is typically done by stating the number of days a guest
may stay betore permission for a longer stay is required from the property manager. Currently,
there is some controversy over how limited the number of days should be. Fifteen days in a
calendar year is the most commonly accepted limit. Check with a local property management
association or your own iegal advisor to confirm the current approach before setting this
criterion.
. No drug activity, Make it clear that the tenant is responsible for any distribution, manufacture,
or usage of any drugs on the premises.
. The tenants are responsible for conduct on the prope"y. Tenants should understand that
they will be held responsible for the conduct of themselves, their children, and of all others on
the premises under their control. Encourage your tenants to contact you should dangerous or
illegal activity occur that is out of their control. This emphasizes that people who plan to "front"
for illegal activity will be given as little room as possible to protect themselves. They will be held
responsible.
. The tenant will not unduly dIsturb the neighbors. Make it clear that the tenant will be
responsible for assuring that all persons on the premises conduct themselves in a manner that
will not interfere with the neighbors' peaceful enjoyment of the premises. Tenants who are the
source of substantial complaints from their neighbors may constitute a nuisance under
Califomia law, A nuisance can be anything that substantially impairs a neighbor's enjoyment
of me and properly. Examples are noise during usual sleeping hours, being boisterous and
intoxicated. loud and excessive quarrelling, and using the premises for an uniawful purpose.
. The tenant will pay all utilities as set fO"h In the agreement. People who deal drugs are
often inattentive to matters such as paying utility bills (parlicularly if they are also using drugs).
. When bills do not get paid. service is eventually discontinued, resulting in increased risk to your
properly. When a utility bill payment is the tenant's responsibility, the rental agreement should
clearly stipulate that failure to pay when due can result in termination of the agreement and
eviction.
Property Condition Inspection Prior to Tenant Possession
Prior to signing the rental agreement, walk through the properly with the tenant and make a visual inspection
together. Agree on what repairs need to be done. Write it down and sign it. Give a copy to your tenant and
keep a signed and dated copy in your files. Take pictures or video tape Of the properly; date and sign them.
II the tenant damages the properly, you can now prove it happened after they took possession. Unless it can
be proven that the tenant received the properly in satisfactory COndition, it will be difficult to prove the
damages were caUSed by the tenant if he claims it was a pre-existing condition. Your ability to evict a tenant
is almost nonexistent if the tenant has your properly cited for habitability violations and you cannot prove the
properly condition was satisfactory at the time it was rented,
Smoke Detector Contract
It is your responsibility to assure that the smoke detectors work. if you or your agent do not test them, you
must make sure the tenant is aware that this is his responsibility. You must make sure that the tenant knows
how to test the smoke detector, It is best to develop or purchase a form that describes how and when to test
the detector and includes a space for the tenant to sign. This indicates his acceptance of this responsibility.
Most imporlantly, this provides some assurance that your tenants will have an early warning if there is a fire.
It can also reduce the possibility that a dishonest tenant might seek retribution through fire, or might fabricate
a suit against you by claiming the detector failed to work.
. Key PIck Up
As a precaution, require that only a person listed on the wnllen rental agreement may pick up the keys. Meet
the tenant at the time he moves in and observe what is being moved into the aparlment. This establishes
that POssession of the properly is given to the people on the agreement and not to someone else.
9 V4~~/
The Basics
Objective: To maintain good landlord/lenant relationshIps.
· Do not bend your rules.
· Know your responsibilities as a landlord.
· Conduct periodic inspections.
· Watch for unpaid or unusually high or low utility bills.
· Document your agreements in writing.
· Get to know your neighbors.
Do not Bend Your Rules
Demonstrate your commijment to your rules and regulations and the law. Once you establish your rules,
abide by them. Make sure you meet your responsibiiities and hold your tenants accountable for their
responsibilffies. For example:
· If you are aware of a violation of the rental agreement, do not accept the rent wijhout noting
the violation on the receipt and serving any applicable notices. Otherwise you may lose your
right to serve notice for the violation.
· Accept rent money only from the person(s) named on the lease.
· If yourtenant does not pay rent in accordance wijh the rental agreement, address the problem
immediately.
· I' there are code violations on your property, make the necessary repairs or changes to comply
with the codes.
· If your property is in need of repair, repair it.
· If-neighbors call to complain about a problem, address the problem immediately.
Bottom line: If you respect and abide by your own rules, the tenant will too.
Property Inspection
Inspect your property to be sure you are meeting your responsibility to provide decent housing. Make every
effort to meet your responsibilities as a landlord and document your actions. Maintaining habitable property
protects your right to pursue eviction. I' ij is clear that you make every effort to meet your responsibilijies (and
document them), a tenant will be less inclined to fight a valid eviction.
10 Ô~~ ..22
- -.. ....--..----.., ----~... ~..._---.__._-- _.'.-_..__._~'"._---_.-
, An inspection program done properly Shouid be welcomed by your honest tenants. Steps include the
following:
· Set an inspection schedule for every three months. or at least every six nnonths, and follow it.
Inspections will not stop all illegal activity, but will stop some. For example, marijuana growing
needs 90 to 180 days. Tenants are not going to start growing marijuana if they know you
actively manage your property.
· The law requires you to give tenants at least 24 hours advance notice before inspecting the
property. This notice can be served verbally or in writing. With such a notice, the tenant may
not ·unreasonably" withhold consent to your entry onto the property.
· When you inspect the property, check for maintenance issues and discuss any and all
concerns. Make agreements to repair what needs to be fixed.
Note: If a tenant is going to make repairs or do minor remodeling, be sure you specdy the terms and
conditions in writing. Document the tenant's compensation. if any, for the work to be done and specdy the
completion and reinspection dates.
Document your Agreements in Writing
Verbal agreements carry little weight in court. Keep records of your agreements and provide copies to the
tenant. Retain all rentai agreements: document in writing any changes to your agreement and have the
tenant initial the change.
. Trade Telephone Numbers with Neighbors
Property and tenant problems can often be prevented by estabiishing communication with reliable
neighbors. Find neighbors who are responsible, concemed and reliable. Trade telephone numbers and ask
them to advise you immediately of any problems pertaining to your property.
Promote a Sense of Community
Tenants and landlords are sometimes frightened to report illegal activity. Their fear diminishes once they
discover there is "strength in numbers:' An organiZed landlord/tenants group has the power and ability to
keep the neighborhood drug and crime free. Landlords must take a proactive role to help tenants unite for
their mutual benefit. This is an opportunity to establish or enhance a positive working relationship.
Organizing a landiord/tenants group often results in the fOllowIng benefits:
· Lower tenant turnover. reSUlting in considerable savings for the landiord.
· Less damage to property and lower repair bills.
,
· Reduced crime.
· A safer, -Jre relaxed atmr,phere for the tenants.
. · A pOSitive reputation for the complex, leading to higher quality applicants and eventually
increased property values.
11 Ó~~
. -0
Landlords Solving Problems
Police officers often respond to numerous radio calls at the same location and traditionally view these calls
as separate and unrelated incidents. This approach results in solving of the immediate problem without
changing the underlying conditions.
Landlords also respond to the same problems over and over. One landlord recently complained that she had
fixed the same security gate six times! Fixing the gate did not solve the problem: it only repaired the damage.
Identitying and addressing the underlying condition is the basis of problem solving. The following model is
a step by step process used by the San Diego Police Department to identity, analyze and solve problems.
The same process can empower you to be an effective owner/manager.
--
12 t:U ~ ~I/
._"h.._
- -.---
~
1
j Drug problems can come in many forms and all drug related problems present a very real threat. Blatant drug
~
y dealing from a rental property is very visible and extremely damaging to a neighborhood's quality of me. As
an area develops a reputation. more and more decent people mOve out of the neighborhoOd and less
desirable people replace them. The problems continue to get worse as the vacancy rates go up and COStly,
time consuming, lengthy evictions begin.
- There are other problems that can cause harm to an area and drive away decent people. Dl'Úg users who
do not deal drugs and are not involved in blatant drug activity are onen responsible for property crimes and
, other associated problems. Your ability to recognize narcotic activity in your neighborhOOd and on your
3 property is a very important step in breaking the cycle and WOrking toward eliminating the problem.
Safety TIp: Do not expose yourself to any danger while obtaInIng Information
about narcotIcs or crimInal aCtivity.
Drug Dealers
) Dealers usually sell small quantities of drugs to numerous buyers.
Neighbors may observe the following:
· A lot ot traffic, such as cars and pedestrians stoPPIng at a home for only brief periods. Traffic
may increase on weekends, late at night or on pay days.
· Visitors who appear to be acquaintances rather than friends.
· People bringing valuables, such as televisions. stereos, VCRs or cameras into fhe home and
ieaving empty handed.
· Visitors who sit in the car for awhile after leaving the residence or visitors who leave one person
in the car whiie the other visits.
· "LOokouts," frequently younger peopie who tend to hang around the property during heavy
traffic hours. Drug dealers onen hire people, even children, to look out for police cars.
· Obvious sigfls such as people exchanging small packets tor cash and/or people using drugs
while sitting in their cars.
.
· Week night aCtivity at extremely late hours may indicate drug activity. (Cocaine and metham-
phetamine are both stimulants and users tend to stay up all nIght.)
~ · Drug related paraphernalia (i.e., needles, vials, glass pipes, bent spoons, broken balloons and
COndoms) scattered on or near the property.
15 ê~~ 2Y-
.
Landlords may observe the following:
· Rent paid in cash, failure to pay utility bills. failure to maintain the hOuse in appropriat
condition, or general damage to the property. Dealers often smoke or inject their profits.
· Metal security bars installed on windows and doors.
· Tenants never working but always able to pay rent.
· Several people lOitering on and around the property.
Distributors
"Distributors" are thOse who sell larger quantities of drugs to individual dealers or oth~r, smaller distributor'
They are the "Wholesale" component, while dealers are the "retail" cornponent. If the distributors are not usir
drugs themselves, they can be dilficuil to identffy. A combination of the following indicators may t
signfficant.
· Expensive vehicles owned by people otherwise associated with a lOwer standard of livin,
Some distributors make it a practice to spend their money on items which are easily move'
They might drive a $60,000 car while seeking to rent a $400 per month rental unit.
· Regular car switching, especially at odd hours. People arrive in one car, leave it at tr
premises. and use keys already in their possession to drive off in another car.
· Pagers and cellular telephones used by people whO have no visible means of support.
· A tendency to make frequent late night trips.
What To Do If You Observe Narcotic Activity
In Your Neighborhood
If you think there is narcotic activity occurring in your neighborhOod, report it to the police. Keep accura
records regarding your observations. Take special care to note exact addresses, vehicle license pia·
numbers and descriptions of people involved. Note the time of day the activity is at its peak. Call the S<:
Diego Police Department at 531-2000 as soon as possible to report your observations. Drug traffickers w
move locations quickly ff they believe the police are informed of their activity.
safety Tip: Do not expose yourself to any danger while obtaining Information
about narcotics or crtm/nal activity:
-~ Specific Drugs
While many illegal drugs are soid on the street today, the following are the most common:
Cocaine and Crack
Cocaine is a stimulant. Nicknames include Coke, Nose Candy, Blow, and Snow. At one time cocaine w,
quite expensive and generally out of reach for people of lower incomes. Today, the price has dropped to tt
point where it can be purchased by everyone. Cocaine in powder form is usually snorted. It looks like ar
has the consistency of baking soda. Less frequently, it is mixed with water and injected. It is often sold in sm,
folded paper packets. Û4{l :2?
16· ~
,".._P. _,__._>__,_, .,.---.-..--.--- _nn.'_
, "Crack." a smokab4e derivative of cocaine, produces a more intense but shorter high. It is commonly known
as "Rock." Crack is manufactured from cocaine and baking soda. Because crack delivers a high using less
= cocaine. it costs Jess per dose, making it particularly attractive to drug users with low income. Crack looks
like small pieces of old dried soap. Crack is often sold in tiny "ziplock" bags, little glass vials, folded paper
bindles or sometimes hand to hand with no packaging at all. Crack is typically smoked in small glass pipes.
Signs of cocaine use are not neCeSsarily apparent to observers. Cocaine usage may be indicated by a
combination of the following symptoms:
· Regular late night activity.
· Highly talkative behavior.
· Hyperactivity.
J · Profuse sweating.
;
· Paranoid behavior.
· Constant sniffing or bloody noses.
Heroin
Heroin is an extremely powerful painkiller, both emotionally and physically. Nicknames include "Brown
Sugar,'"Mexican Tar," "Chiva," "Horse,""Smack," "H," and others. Heroin is typically injected. Tar heroin has
. the look of creosote off a telephone pole. or instant coffee meited with only a few drops of water. The drug
has a strong vinegar smell to it, It is typically sold in small amounts, wrapped in tinfoil. plastic or balloons.
Powdered heroin is most COmmonly brown in Color and has the consistency of powdered milk. Powdered
heroin is otten packaged in small balloons. Paraphernaiia that mignt be observed includes hYPOdermic
needles with a brown liquid residue, spoons or bottle caps that are blackened on the bottom, and blackened
cotton balls.
When heroin addicts are on the drug, they appear disconnected and sleepy. They can fade out or even fall
aSleep while holding a conversation. Heroin addicts only care about their next fix and how to purchase that
fix. A $200 a day drug habit is average for most heroin addicts. An addict will have to burglarize two to three
houses a day to Supply their habit. Most addicts steal from their neighbors, When they are not high, addicts
can become quite aggressive. Heroin users usually wear iong sleeved shirts to Cover their injection mar1<s.
Marijuana
Marijuana is also known as "Pot." "Grass,' "Weed," "Reefer, ""Joint," "J," "Mary Jane," "Cannabis," and many
others. It is smoked from a pipe or a rolled cigarette. Marijuana is a green ieafy substance and looks like
oregano. Smoking marijuana produces a mellow high. The type and duration of the high varies signfficantly
with the strength and strain of the drug. Users generally appear disconnected and non-aggressive. The
user's eyes may also-&øpear bloodshot.
The marijuana grown today is far more powerful than the drug that became popular in the late 60's and early
70's, Growers have developed more sophisticated ways to control growth of the plants and assure high
output. of the resin that Contains THC (the ingredient that gives marijuana its potency). TOday marijuana is
often grown indoors to assure greater control over the crop and to prevent detection by competitors, animals
. or law enforcement. It takes 90 to 180 days to bring the crops from seed to harvest.
Marijuana is generally sold in small plastic ziplock baggies or rolled in cigarette paper. The smell of the smoke
has been described as a musky cigarette smoke.
17~~ ;2?
Methamphetamine
Metha~etamine is a stimulant. Nicknames include Meth, Crank, Speed, Crystal. and others. Before its
price dropped. meth was known as 'he poor man's cocaine.· Meth is usually ingested. snoned, injected and
some types can be smoked.
"Pharmaceutical" grade meth is a dry, white, crystalline powder, While some methamphetamine sold on the
street is white. much 01 it is yellowish, or even brown. and it sornetimes has the consistency of da~,
powdered sugar. The drug has astrong chemical odor. Metha~hetamine is often sold in tiny "ziplock" bags,
little glass vials and lolded paper bindles similar to the methods used lor cocaine packaging.
Hard-core meth addicts get very iittle sleep. Chronic users a[]d "cooks· (those who manulacture the drug)
may have open sores on their skin, bad teeth and generally appear unclean. Paranoid behavior combined
with regular, late night activity are potential indicators.
Methamphetamine Labs
There is very little that is consistent, standard. or predictable about the safety level 01 a methamphetamine
lab. The only thing we can say for sure is that you will be better 011 il you ieave the premises immediately.
How to recognize a lab.
Methamphetamine "cooks" rarely pay attention to keeping the propeny clean. Dangerous chemicals are
often stored on the property. These chemicals are rarely stored in their original containers. Often you will see
plastic milk jugs or screw-top beer bottles containing unknown liquids. It is common to lind bottles 01 lethal
chemicals sitting on the same table with the cook's breaklast.
Toxic dump sites are common. Glass cooking vessels become brittle with usage and they must be discarded,
You will often lind small dump sites of contaminated broken glass. needies, and other paraphernalia on the
grounds surrounding a meth lab.
Many toxic chemicals are used to make methamphetamine. The list 01 chemicals that have been lound in
methamphetamine labs is a long one. Some are standard household items such as baking soda. Others are
extremely toxic or volatile, such as Hydrochloric Acid (serious heaith hazard), Methylamine (extremely
flammable and serious heaith hazard),Methanol (lIammable), Potassium Hydroxide (serious heaith hazard),
Lithium Aluminum Hydride (extremely lIammable and serious health hazard), ether (medium heaith hazard
& highly explosive). benzene (Carcinogenic), and even hydrogen cyanide (also used in gas chambers). Other
chemicals such as ephedrine, phenylacetic acid and phenyl-2-propanone have been known to cause
adverse health ellects but little is known about the long-term consequences of exposure.
"Booby traps" are a possibility. Other meth users and dealers may have an interest in stealing the product
from a cook. Some cooks set booby traps to protect their product. A trap could be as simple as a trip wire
that sounds an alarm. or as deadly as a wire that pulls the trigger 01 a shotgun. A door can be rigged to knock
two chemicals together which react to release hydrogen cyanide gas (the type used by States in gas
chambers).
-
What To Do If You Find A lab.
Leave! You will not know which chemicals are present or ilthe place is booby-trapped. Do not stay around
to ligure it out. Do not open any containers. Do not touch anything.
II you think you have discovered a methamphetamine lab, immediately call the San Diego Police Depanment
at 531-2000.
18 iV cL ~~.
._.n.._ .____.__n_____.___
-.---.------ --~
' ,; ,
"
If
,
,
I
,. Risk Considerations
;
j Use extreme caution when investigating rental properties which you believe are being used for illegal
activities. You may be dealing with people who lack the abiiity to exercise selt control and goOd judgement.
The nature of illegal activities. such as the narcotic trade, have inherent dangers.
The property itself harbors many possible hazards. There is aiways the risk of explosions, fire, bOOby traps.
or contamination from toxic or lethal chemicals. Do not put your hands in places you cannot see. Hypodermic
syringes and contaminated broken glass can cause serious injury or even death.
It you are aware of illegal activity occurring on your rental property but choose to "look the otherway" or ignore
the problem with the hope that it will go away. then consider the risks. The tenants will eventually damage
or contaminate your rental property with toxic chemicals. They can give your property a bad reputation which
will affect future rental. If your tenants contaminate your rental Property with toxic chemicals or drug
byprOducts, the damage will not be covered by insurance. Insurance will not usually cover your property even
d the building has to be demolished because of the contamination. Fire or public iiabiiity insurance may not
cover you for losses stemming from iilegal activities which you knowingly allowed to take place on your
property.
.
.
Û4~ 2c;
19
.--.- --- -.-
Do not hesitate to evict someone if you have reason to suspect them of selling or using drugs. You may be
criminally or civilly liable ij you let them stay. Get help, either from a lawyer or from books designed to help
a landlord with the eviction process. You do not always need a lawyer. In most cases you may represent
yourself in court.
Ask Them to Leave
Start negotiations with your tenant. Before you begin the eviction process ask them to leave. This will usually
give you an indication of the attitude. stubbornness and defenses a tenant will dispiay later on in the process.
Anonymity is highly regarded by drug dealers and they will probably move once they are exposed.
Notice
Service may be given by handing a copy of the notice to the tenant personally; or,
By leaving a copy with an adutt at the residence and also mailing a copy; or,
if no person is home. by posting the notice on the door and mailing a copy (1162 Caiijornia Civil Procedure).
Always keep a log otthe date the notice was given, posted, and/or mailed and keep a copy of the notice.
Service requirements are specific. Do not deviate from them. The time starts when the notice is posted on
the door, not when it is received in the mail. Use the correct forms. Notice forms are available at most
stationary stores.
30 Day Notice
This notice states that you do not wish to renew the lease and gives the tenant 30 days to tind another place
to live. Use this notice when possible. 11 does not state the reason forthe eviction and is the easiestto defend
in court.
30 Day Notice for Cause
This type ot notice can be used for evicting Section 8 recipients. It can also be used to evict any person for
violation of their lease agreement. This notice requires proof of violations. You may evict a tenant ij you have
proof that the tenant or guests have violated the lease (i.e., drug sales, excessive foot traffic or noise). Police
reports, photographs and tape recordings are valuable evidence if this goes to court.
3 Day Notice of Nonpayment of Rent
This notice can be given the first day after your tenant fails to pay the rent when due. After notice is served,
the tenant has three days to pay the rent. It the rent is paid, no further action can be taken. Do not accept
a partial payment or payment alter the three days if you wish to continue the eviction process. Acceptance
. .
of a partial payment may destroy the validity of the notice.
3 Day Notice of Violation of Lease .
This notice requires proof of violation of the lease (i.e.. drug use or sales). Usually a tenant can stay ij he cures
the violation within three days. However, some violations cannot be "cured". Get help when attempting to
use this type of notice. ôJ~_JV
22
---.--. ..----..... ---".. ---- ---..
~~----
(' Unlawful Detainer
ct The only way to evict a tenant who does not want to leave is through a court action called an 'Unlawful
Detainer". Afterthe appropriate notice is given andthe appropriate time has expired, the next step in eviction
is to file an 'Unlawful Detainer" action. This action must be filed with the court clerk for the county in which
the property is located. After the paperwork is filed, the tenant will have five days to file a response. If a
response is filed. there will be a hearing. If no response is filed. you may get an automatic judgement in your
favor. After the judgment in your favor, the Marshall will forcibly evict the tenants and you will regain
possession of your property.
Do Not!
Do not lock out tenants, turn off their water or eiectricity, or forcibly remove them. Do not use techniques or
harassment designed to make them want to leave. Doing so is illegal and may resull in a jail sGntence or civil
suit. Do not evict someone in retaliation for their complaints to a government agency or to you. This could
resull in a court order forcing you to continue to rent to the tenant for up to five years at a set rent. However,
you may use incentives. such as money, in your negotiations with tenants to induce them to move voluntarily.
e
.
23 ¿J4~ 3/
.
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JUVENilE PROBATION
The Probation Department compiles data on juvenile case dispositions,
Previously, trend data were available; however, current reporting through
the Regional Juvenile Information System (REJIS) is limited. Because of
lags in reporting dispositions, the 1993 data contain a high proportion
of unknown dispositions, and therefore are not comparable to prior
years. The dispositions for cases with petitions filed are also not
available. In this report, initial disposition data are reported for the first
six months of 1993 based on the action taken by probation,
· During the first half of 1993, 6,457 juveniles were referred to the
Probation Department.
· Petitions were filed in three of ten cases (1,953),
· About 500 juveniles were placed on six-month information probation
(8%).
· The remainder of the cases were either closed, transferred, or the
disposition unknown. According to probation staff, the cases with
unknown dispositions are, for the most part, closed at intake.
Figure 21
JUVENILE REFERRALS TO PROBATION
San Diego County, January-June, 1993
Probation
Department
6,457
100%
Closed or Petition informai
Transferred Filed Probation Unknown'"
2,676 - , 1,953 504 1,324
41% 30% 8% 21%
SOURCE; Probation Department
/} f~~ J2
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CITY COUNCIL AGENDA STATEMENT
Ite~~
Meeting Date O;J\lS\94"
!7 /1-2-/1''1
ITEM TITLE:
a) Resolution J? 1/ ~'œepting the Quarterly Report from the Economic
Development Commission; approving the Workforce Development Team Three
Year Plan; and agreeing to co-sponsor the South County Workforce/ Educational
Development Conference in partnership with Sweetwater Union High School
District, Southwestern College, and The San Diego Consortium and Private
Industry Council.
SUBMITIED BY: The Economic Development Commission (EDC)
(4/Sths Vote: Yes _ No XX>
Council Referral Number:
BACKGROUND: This Report is a quarterly progress update from the EDC and is being
presented by Chairman William Tuchscher. This is the second such report and follows the
initial report made in November of 1993. A report will also be made by the EDC's Workforce
Development Team Vice Chairperson Mary Wylie, Director of the Southwestern College Small
Business Development and International Trade Center (SBDC), regarding the WDT's Three Year
Plan (See Attachment A).
RECOMMENDATION: The EDC recommends that Council, by adopting the resolution: 1)
Aœept the EDC's quarterly report; 2) Approve the Workforce Development Team Three Year
Plan; and 3) Agree to co-sponsor the WDT's South County Workforce/Educational Development
Conference in partnership with Sweetwater Union High School District, Southwestern College,
and The San Diego Consortium and Private Industry Council (Goal #5 of the WDT Three Year
Plan). Note that staff supports the EDC recommendation.
BOARDS/COMMISSIONS RECOMMENDATION: The EDC endorsed the WDT Three
Year Plan at the March 2, 1994 meeting by a vote of (8-0-1) Commissioner Mike Maslak absent
(See Attachment B). The EDC at the February 2, 1994 meeting voted to endorse and
recommend that the City of Chula Vista co-sponsor the South County Workforce/Educational
Development Conference (7-0-1) Commissioner Brene Patrick absent (See Attachment C).
DISCUSSION: The EDC has identified six "Priority Projects" for this year. Chairman
William Tuchscher will highlight some of the key ongoing activities/accomplishments in each
of these areas, as follows:
I. HightechlBiotech Zone
. HightechlBiotech steering committee meets monthly.
. Negotiations ar.. ongoing with EastIake rl'garding contributions to the
I:!:>-/
__._._~m_._ _ __ _~._,._,___...__,. .____.._.__...__.__...__~_~___.~.__
Hightech/Biotech program.
· Feasibility analysis of potential shared biotech manufacturing facility, to
be located in the Eastlake Business Park, is ongoing.
II. Permit Process Streamlining
· EDC commissioner Patty Davis participated on the Design Review
Committee, which has recently completed review of the updated Chula
Vista Design Manual.
III. Border Environmental Commerce Zone (BECZ)
· State has announced the location of three Environmental Incubators:
Silicon Valley, Los Angeles, and Chula Vista.
· The BECZ has been identified in the California Environmental
Technology Partnership (CALETP) Strategic Plan.
· Applications for State and Federal funding are in process.
IV. Public Relations
· EDC has requested staff to identify expanded Public Relations/ Marketing
activities.
V. Financial Assistance Program
· HUD Section 108 Loan / Guarantee Program preliminary feasibility
analysis is ongoing.
· Financial Assistance Programs Directory has been completed and is being
made available (See Attachment B).
VI. Workforce Development Team (WDT)
· WDT has adopted a Three Year Plan, which was endorsed by the EDC.
· The WDT proposes a South County Workforce/Educational Development
Conference co-sponsored by the City of Chula Vista, Sweetwater Union
High School District, Southwestern College, and The San Diego
Consortium and Private Industry Council (PIC) (See Attachment E).
FISCAL IMPACT: Individual projects may have fiscal impacts beyond required staff time and
will be brought to Council on a case by case basis as appropriate. It should be noted that in
terms of the EDCIWDT's recommended co-sponsorship of the South County
Workforce/Educational Development Conference, no funds are being requested of the City.
Staff time is involved to support the efforts of the sponsoring consortium, however, the
Sweetwater Union High School District staff is taking the lead.
(Dùk'S:CV:odc)
-
/3--- 2--
RESOLUTION I 71/rJ.J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE QUARTERLY REPORT FROM THE ECONOMIC DEVELOPMENT
COMMISSION, APPROVING THE WORKFORCE DEVELOPMENT TEAM THREE-
YEAR PLAN AND AGREEING TO CO-SPONSOR THE SOUTH COUNTY
WORKFORCEIEDUCATIONAL DEVELOPMENT CONFERENCE IN PARTNERSIllP
WITH SWEETWATER UNION ffiGH SCHOOL DISTRICT, SOUTHWESTERN
COLLEGE, AND THE SAN DIEGO CONSORTIUM AND PRIVATE INDUSTRY
COUNCIL.
WHEREAS, the City of Chula Vista Economic Development Commission (EDC) informally
reports quarterly to the Council regarding progress made in pursuing its identified goals and objectives; and,
WHEREAS, such a report is being verbally presented by the EDC, covering accomplishments
made regarding its six ·priority projects" for FY 93/94; and,
WHEREAS, these ·priority projects" include the efforts by the Economic Development
Commission's Workforce Development Team (WDT) to better train Chula Vista's labor force and to meet the
needs of Chula Vista employers; and,
WHEREAS, the WDT has prepared a Three-Year Plan with seven identified goals; and,
WHEREAS, one of these WDT goals is to obtain City of Chula Vista co-sponsorship of a
proposed South County Workforce/Educational Development Conference in partnership with Sweetwater Union
High School District and Southwestern College and the San Diego Consortium & Private Industry Council to
encourage dialogue between business leaders and local educators/trainers responsible for preparing our labor
force; and,
WHEREAS, the EDC has endorsed the WDT Three-Year Plan, including the recommendation
to Council to co-sponsor the proposed conference.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does
hereby f'md, order, determine and resolve to accept the Quarterly Report from the Economic Development
Commission, to approve the Workforce Development Team Three-Year Plan, and to agree to co-sponsor the
South County Workforce/Educational Development Conference in partnership with Sweetwater Union High
School District, Southwestern College and the San Diego Consortium and Private Industry Council.
PRESENTED BY:
William Tuchscher Bruce M. Boogaard
Economic Development Commission Chair City Attorney
1.3,-3
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Attachment "A"
Workforce Development Team
Three Year Plan
Adopted February 4, 1994
GOAL 1: Identify existing employment services available to potential employees and to
employers.
A. Develop a subregional directory of existing job training programs available in
the South Bay. This directory is designed for individuals seeking training.
B. Develop a directory of existing employer services available to Chula Vista
employers, including recruitment, screening, hiring, training, and placement
services. This directory should provide program descriptions, eligibility
parameters, and cost savings to the employer (e.g., On-the-Job Training
subsidies, Job Training Tax Credits, and customized training) and contacts.
GOAL 2: Develop an action plan to pro-actively distribute the information gathered in
Goal 1 to existing Chula Vista employers, as an initial element of a Chula
Vista Business Retention Program.
A. Investigate costlbenefit of an employer services video (7/95).
GOAL 3: Develop a Business Response Plan enabling Chula Vista Economic
Development Staff and the Workforce Development Team to best respond to
existing and prospective employer's requests for job training assistance and
other employer services.
GOAL 4: Develop a standard Employment Services Agreement between Chula Vista
employers and local providers (via the City of Chula Vista) to encourage new
& existing businesses receiving special City assistance to develop relationships
with these providers and use their services.
A. Short-Term: Develop respective agreements with Chula Vista based
providers Sweetwater Union High School District and Southwestern College
(completed).
B. Longer-Term: Develop a single agreement with South County Career Center
to encompass all South Bay providers.
[Goals 1-4
Team Members: Brene Patrick, Joe Casillas, Yvonne Barns Jack Bransford, Jr., and
Cheryl Dye]
Page I I ?:>~
.__.---_.__._._."'---....__.._."'~._-_._--_._.
Attachment "A"
GOAL 5: Sponsor a South County WorkforceÆducational Development Conference in
partnership with the San Diego Consortium and Private Industry Council (PIC),
Sweetwater Union High School District, and Southwestern College for the purpose
of promoting communication between businesses and educators to develop a better
trained workforce.
[Team Members: Mary Wylie, Linda Taylor, Tris Hubbard, and Curtis Valenzuela]
GOAL 6: Evaluate Chula Vista labor force strengths and weaknesses and readiness to
meet the needs of existing and incoming businesses.
A. Appoint a WDT liaison to the South County Career Center Subcommittee
evaluating South County job training needs based on existing and emerging
employment demand.
B. Develop recommendations regarding needed Chula Vista labor force
education and training programs, utilizing South County Career Center
Subcommittee fmdings and local census data.
C. Assist staff in evaluating workforce readiness to support Chula Vista's
targeted industries including hightech, biotech, and environmental
technologies.
[Team Members: Cheryl Dye, Yvonne Barns, and Linda Taylor]
GOAL 7: Increase Chula Vista representation on regional employment services related
Boards & Commissions and their awareness of Chula Vista labor force needs.
A. Identify Boards and Commissions which impact Chula Vista labor force
B. Develop an action plan to educate both Chula Vista representatives and the
Boards and Commissions themselves regarding Chula Vista labor force
needs.
C. Develop action plan to increase Chula Vista representation where appropriate.
[Team Members: Linda Blair-Forth, Linda Taylor, Cheryl Dye, and Curtis A. Valenzuela]
[CurtislDisk# 51b:\wdtgls]
Page 2
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ATTACHMENT B
UNOFFICIAL MINUTES
ECONOMIC DEVELOPMENT COMMISSION
CITY OF CHULA VISTA, CALIFORNIA
Wednesday, March 2. 1994 Conference Rooms 2&3
12:00 Noon Public Services Building
CALL TO ORDERIROLL CALL
PRESENT: Chair Tuchscher; Members Allen, Davis, Lebron, Patrick, Peter, Compton. ex-officio
Sellgren. Clark. Sutherland, McGraw. Moore
ABSENT: Maslak (unexcused)
STAFF: Economic Development Manager Dye; CD Specialist II Valenzuela; Admin Analyst Young
2b. Endorsement of the WDT Goals (Three Year Plan) (Patrick)
Member Patrick noted that the WDT had established the following goals:
1. Identify existing employment services available to potential employees and to employers
2. Develop an action plan to pro-actively distribute the information gathered to existing Chula Vista
employers as an initial element of a Chula Visia Business Retention Program.
3. Develop a Business Response Plan enabling Chula Vista Economic Development staff and the WDT to
best respond to existing and prospective employer's requests for job training assistance and other
employer services.
4. Develop a standard Employment Services Agreement between Chula Vista employers and local
providers to encourage new and existing businesses receiving special City assistance to develop
relationships with these providers and use their services
S. Sponsor a South County WorkforcelEducational Development Conference io partnership with the San
Diego Consortium and Private Industry Council (pIC), Sweetwater Union High School District, and
Southwestern College for the purpose of promoting communication between businesses and educators to
develop a better trained workforce. (Ms. Patrick noted that a conference will be presented on
November 10. They will bave some very noted speakers from the federal and state level and the
purpose of that forum is to let educators and teachers know that the demands of the workforce have
changed and that people need to be educated in a different way in order to meet the needs of the
workforce. The key message is to try to get people in the school system to understand that it's not
busioess as usual if the City is going to be competitive in a global market and cross natiooal
boundaries.
6. Evaluate Chula Vista labor force strengths mid weaknesses and readiness to meet the needs of existing
mid iocoming businesses.
7. Increase Chula Vista representation on regional employment services related boards mid commissions
and their awareness of Chula Vista labor force needs.
Chair Tuchscher noted that the EDC Quarterly report to Council is scheduled for March IS. He said he would
like to have Ms. Patrick available to present the WDT goals and ask for Council endorsement on those as well.
MSC (Davis/Allen) to endorse the WDT goals (7-0-1; Maslak absent; 1 vacancy).
-ff" ?
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MINUTES
ECONOMIC DEVELOPMENT COMMISSION
CITY OF CHULA VISTA, CALIFORNIA
Wednesday. February 2. 1994 Conference Rooms 2&3
12:00 Noon Public Services Building
CAli TO ORDER/ROLL CALL
PRESENT: Chair Tuchscber. Members Compton, Allen, Maslak, Lebron, Davis, Peter ex-officio Moore,
Sellgren
ABSENT: Member Patric1c (U). Ex-officio Washington (U), Clark (U). Sutherland (U)
STAFF: Public Information CoordinatorGulbransen. Ecooooúc Development Manager Dye. CD Specialist
Valenzuela
GUESTS: Shere Mann. Aide to Senator Peace; Mary Wylie, Southwestern College; John Muncb. Uoion
Bank; Fred Wong. City GIS Manager
Chair Tuchscher introduced Shere Mann, Aide to Senator Steve Peace, and asked for an update on the meeting they
had with San Diego on the Fiber Optics Cable Plan. Ms. Mann noted that Senator Peace had been following Pacific
Bell's proposal for the lasf few months and asked staff to meet with Pac Bell reps because it appears that portions
of the assembly di~rict were not included in the fiber-optic plan. This is a S6 million proposal statewide to provide
telephone. television and data services throughout California at a cost of about SI.OOO per bousehold. Ms. Mann
stated that there are certaio conflicts between the utility companies that they don't want to get involved with at this
time but that they are pursing the fact that the south and east counties were not included in this program initially
and the rate payers in this area will still be expected to pay for the costs involved. Senator Peace bas asked the
PUC to do what they can. He has also become a member of the Senate Energy and Public Utilities Committee.
Senator Peace is working with this committee to address the concerns he has.
Ms. Mann said that Senator Peace is asking cities and counties to write to Pacific Bell and demand that they give
us a firm schedule as to when they intend to complete the network county-wide, and to let us know who is going
to pay for this.
Chair Tuchscher stated that bis experience with fiber-optics showed that this .will clearly put Chula Vista at a
œmpetitive disadvantage.
Ms. AIlen stated that the Executive Committee or a sub-<:ommitlee should meet and write a letter. This can be
placed 00 the next agenda for discussion and a recommendation.
Couucilman Moore suggested they review the minutes of the San Diego Fiber Optic Cable Plan meeting.
Member Compton said the EDC should make their feelings known to the PUC because these issues can fall between
the c:nclcs; there is DO written contract and the EDC should voice their concern. They should also recommend to
City Council tbalthey take action.
Member AIlen requested a motion to direct the Executive Committee write a letter on behalf of the EDC.
Chair Tuchscher stated that since this was not on the agenda they would have to do this by general consensus. He
agreed to have the Executive Committee draft correspondence to list the concerns that the EDC bas. Member
Compton asked that they request affirmation of the fact that this will all be done at thè same time. Chair Tucbscher
requested that this be agendized for the next meeting.
Ms. Mann stated she would get a copy of the meeting Senator Peace held with Pacific Bell for the EDC to review.
1. APPROVAL OF MINUTES - Special meeting of August 16. regular meetings of November 3,
Deceml>u I, 1993, and January S. 1994 ~
No action taken. /!;;-~
.
- .")
I.
Minutes. EDC 3 February 2. 1994
.
4) Financial Assislm1cc Programs (DyeNaJenzuela)
a) Presentation of Section 108 Feasibility Analysis
Ms. Dye reported Ihat Ihe EDC has requested staff 10 look into inventorying what Iype of financial assistance
programs exist to offer in both our attraction and retention efforts. She handed oul a draft of Ihe ·Financial
Assistance Programs Available in Chula Vista· document. Ms. Dye also discussed work on the HUD Section 108
Loan Program and indicated Ihal the drafl issue paper would be presented at the March meeting.
Discussion followed regarding CRA reinvestment programs and loan programs. Ms. Dye Doled thaI due 10 monies
being takea away by the state and difficulties with the consullm1t. the CRA program had beea put 00 the hack
burner. They are now settiog up meetings to see if they can piclc up where they left off. She Doted they are
evaluating two sourceS; the HUD SeclioD 108 program and poleatialloaa pools including a CDBG funded Revolving
Loan Fund.
Regardiog the Section 108 Program, the City can take five times its annual ealillement ($ 1.6 millioo) and make
guarantees On bank loans up to thaI amount. There is DO cash outlay from the City. The risk exposure is if the
business goes inlo default HUD will make the hank loan good by using the City's future allocatioos 10 pay the
outstanding City portion of the debt. Ms. Dye nOled they are watching the City of San Diego's progress hoping
10 take advantage of their efforts laying Ihe groundwork for our program's aeceplm1ce.
Ms. Dye menlioned staff is looking at a smaller loan program. They are looking al a revolving loan fund. This
could be a much smaller scale program ($30.000 10 $50.000 loans). The problem is that there is no money in the
Redevelopmeal Budget to initially capitalize such an effort.
Councilman Moore inlroduced John Munch as a possible candidate for the exisling ex-officio vacancy. Mr. Munch
gave a brief description of his qualifications. He said he likes 10 look at things from Ihe practical aspect.
Chair Tuchscher thanked Mr. Munch for his interest and participation.
5) Hitech/Biotech Zone (Tuchscher/Dye) - No discussion
6) Border Environmental Commerce Zone (Dye) - No discussion
b. SDEDC Request for Funds (Dye)
Ms. Dye reported Ihat a meeting was held with Councilman Moore. Assistant City Manager Morris, and Steve
Weathers of SDEDC to discuss this tcqUest. "The SDEDC is Irying to raise a targeted amount of money and
requesting $15,OOO/year and a five year conunilment from each city. The olher entities throughout the couoty have
conunitled as follows:
Cily of San Diego $600.000/year City of San Diego $30,000
Poway $1.OOO/year Port District $110,000
Carlsbad $IO,OOO/year
No other cities have conunilted. The Cily of Chula Vista has paid a $I,OOO/year membership fcc. The San Diego
EDC is Crying to be a regional organization. Ms. Dye said she felt it was important 10 participale in this request.
Member Allea agreed bUI felt there should be some level of conunitment with increased future participation
CODlingeal upon results. The review should include what was clone for Chula Vista over the past year. Ms. Dye
DOted that the Economic Developmenl FY 94/95 budget was submitted with a $2.500 allocation to the SDEDC.
Mr. Sellgren felt it was importanl 10 be part of that team;· the regional benefits are there. There are tremeadous
marketing opportunities to take advantage of. $2.500 would be an excellent investment.
Member Allea Doted that South County EDC also comes to the EDC for funding and said that in all fairness, they
Dced to balance these requests out before they make a recommendation to Council. . J ~ 9
71
Ms. Dye DOted that there will be a request for funding from South County EDC on the next ageoda. In the past 1'34
they have beea requesting $15,000. Council approved $15.000 in its initial years and $7,500 in FY 92/93. No
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6. ANNOUNCEMENTS
a. Ms. Gulbransen noted that she has worked with a writer from San Diego Home Garden magazine which
resulted in a nice story on the City of Chula Vista, which she distributed.
ADJOURNMENT to the regularly scheduled meeting of Wednesday, March 2, 1994 at 12:00 noon in the Public
Service Building, Conference Rooms 2&3.
1fI/
Curtis Valenzuela
tQ
Signature
Signature
A,\02~2-94.MIN
~
/3-/0
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)'
ATTACHMENT D
CITY OF CHULA VISTA
BUSINESS DEVELOPMENT
FINANCIAL ASSISTANCE PROGRAMS
City of Chula Vista Community Development Department/Economic Development staff can help
your business access the financial assistance programs described in this resource guide. For further
information, please call (619) 691·5047:
LOANS
BANKERS SMAll. BUSINESS CERTIFIED DEVELOPMENT CORPORATION (CDC)
291·3594
Micro-Loan Program - From $5,000 to $50,000, business must be in operation for a minimum of two
years and must show a profit or positive cash flow for the last six months. Special attention is given to
address the needs of minority- and women-own~ businesses.
-.............-....................-...........---..........--.---..........---.....-----......----............-.......--..---- ----..--.........-.......
CALIFORNIA SOunmRN SMAll. BUSINESS DEVELOPMENT CORPORATION
232-7771
Hazardous Waste Reduction Loan Program· Hazardous waste reduction equipment or processes,
$20,000 to $ 150,000.
Innovative Development Loans - For firms involved with innovative technologies or marketing of
products in new markets. Range of assistance is $100,000 to $500,000 with an equity requirement of at
least 20%.
SIII2ll Business Energy Conservation Loan Program - Finances the installation of energy savings
technologies, øwcimum loan is $150,000.
Repair Underground Storage Tank (RUST) Loan Program - Repair, removal, and/or upgrading,
$30,000 to $350,000.
.......----.....--....................--.....--.--....--..--------......--.....---.--.........--.....---.-.-------- -...............--..........
CDC SMAll. BUSINESS FINANCE CORPORATION
291-3594
504 Debenture Loan Program - For purchase or construction of an industrial or commercial buildings
while preserving working capital. CDC fmances 40% or up to $750,000 of the balance.
SIII2ll Business Energy Loan for Technology Users /Demonstrators - Loans from $5,000 to $150,000
($250,000 for demonstration projects) are available on a reimbursement basis to finance energy
conservation measures such as HV AC upgrades, lighting changes, alternative energy systems, load
management and cogeneration.
Energy Conservation Loan - Loans are available for up to $150,000 for energy saving technologies or
equipment.
. Additional financial assistance programs are available from most local banks. Please check
with your lender.
~If?-
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(11'/ Of N..¡/ (~-/ /
CHULA VISTA
Community Devel0pmenl Department. City of Chula Vista. 276 Fourth Ave.. (hula Vista, CA 91910· (t>19) 691-5047 Fax (619) 476-5310
$PI',nft'dOtlrt'<"yrlfodl)i.pp,
...-.... ---...._-- - --- ---,._-_..~_."......._-_.,--,..,--~-_..- -~._~
I 111I 1"-____ II l
I L '4
"
!
I LOANS - (continued) I
CDC SMALL BUSINESS FINANCE CORPORATION - (continued)
291-3594
Tax-Exempt Waste Disposal/Resource Recovery Project - Loan assistance, in amounts that have tanged
from $75,000 to $500 million, is available for acquisition, construction or installation of pollution control
facilities. Targeted small business loans up $10 million are also available contingent upon issuance of a
letter of credit from a local bank.
CalifornÍ2 Loans for Environmental Assistance Now (CLEAN) - Loans of $20,000 - $750,000 are
avail.~~~.!~~.!:sion reducti~~d ~~vironmen_~_~~~r~.~:~!.~~~:~=_.__.__.__.______._.__.............
STATE ASSISTANCE FUND FOR ENTERPRISE, BUSINESS AND INDUSTRIAL DEVELOPMENT
CORPORATION (SAFE-BID CO), 800-273-8637
Small Business Loans - SAFE-BIDCO's loans and guarantees are intended to provide gap financing to
assist in business growth or assistance through tempo""y setbacks. Funds may be used for equipment,
___ flXe~!.~~.ts, ~~al estate, worki~g ~pital, or purchase of a bus~~~.~.~~_~~~~~~~:.___ ..--
U.S. SMALL BUSINESS ADMINISTRATION (SBA)
557-7250
Handicapped Assistance Loans (HAL) - Available to businesses which are 100% owned by handicapped
persons_ Direct loans are limited to $150,000.
Vietnam-Era and Disabled Veter.ws - Veterans who served for a period of more than 180 days between
August 5,1964 and May 7,1975 are eligible for federal direct loan assistance.
GUARANTEES/LETTERS OF CREDIT
BANKERS SMALL BUSINESS COMMUNITY DEVELOPMENT CORPORATION
291-3594
Letter of Credit - Available for up to $25,000, to assist small business owners in obtaining SBA or
California State guaranteed loans.
---....--..-..-----.------------.-.-..--.---.--..---.----.--....-.....-.-..-...-----.-.
CALIFORNIA SOUTIiERN SMALL BUSINESS DEVELOPMENT CORPORATION
232-7771
Loan Guarantee Program - With a maximum guarantee of $350,000 or 90% of a loan, this program is
targeted to working capital and short-term credit needs. Special emphasis on women- and minority-owned
businesses.
Tax-Exempt Waste Disposal/Resource Recovery Project - Loan guarantees up to 25% may be available
......._.._... up~~_.~.r.rrova~..~~~~:_.~~~~~.~~.~..~.?~!~tio~~.?..~~~~_ Fin~.?:~~_~..~~:.~.?..':.~!.:...__.._.._._._........................................_................
CDC SMALL BUSINESS FINANCE CORPORATION
291-3594
7(a) Loan Program - CDC arranges loans with SBA guarantees up to $750,000 for business acquisition,
start-ups, real estate, leasehold improvements, equipment, working capital, inventory, debt consolidation,
._.___.__._~~~':.~._~.~.~L~~~..r~P?~:_~:._...?~~.~..?.:.':.ei~._~~!?~~~~~~_~p...~.?.~.!.?..~.~9.?.9..~.~.~_~s.~~..~?..~..!.~~~.~.~..~~.?~~~~.:.......................
U.S. SMALL BUSINESS ADMINISTRATION (SBA)
557-7250
Contract Financing - For assignable contracts which have a delivery period not to exceed 12 months.
Maximum ~ranteed is 90%.
Handicapped Assistance Loan Guarantees (HAL) - Available to businesses which are 100% owned by
handicapped persons. SBA may guarantee up to $500,000 of private lender loans.
~If?
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~-..;~--
--
--
CllYOf ~
. . CHULA VISTA -: I y / L--
Community Development Department. City of (hula Vista. 276 Fourth Ave.. (hula Vista, CA 91910. (619) 691 -5047 Fax ((19) 476-5310
* p'in1l"dont.'qdl"dpape'
~ Uvti JIh.. ð¡;w,t;
I GUARANTEES/LETfERS OF CREDIT - (continued)
u.s. SMAIL BUSINESS ADMINISTRATION (SBA) - (continued)
557-7250
Surety Bond Guarantee - SBA can guarantee 80% of losses incurred under bid, payment or performance
bonds on contracts up to $1.25 million. Contracts must be for construction, supplies or services.
Specialized programs include:
· export revolving lines of credit;
· international trade loans, seasonal lines of credit;
· small general contractor fmancing;
· lender incentives for small loans of less than $50,000;
· pollution control and community economic development assistance.
Loans are made through private lenders, and ~araßteed up to 90 Dercent by SBA.
EXPORT ASSISTANCE
CDC SMALL BUSINESS FINANCE CORPORATION
291-3594
Export-Import Bank Loans - Eximbank loans are packaged by CDC to aid in financing and to facilitate
..___......:~.~?~.~~....~~~~.~.:!.??..~~~~~~:..~~.~~..~.:..~..~i:::..~~~~..~~..~.?~~~..~:.~..~~:...~~~~?.~.~.~x~~~~~_~~~.!::~....._..........
CALIFORNIA EXPORT FINANCE OFFICE
(714) 562-5519
Combinaûon Exporter Risks Guarantee - Applies when pre-shipment financing is required. However,
the nature of the transaction allows post-shipment exposure through on-site inspection or extended use of
the goods, prior to the buyer's obligation to pay.
Post-Shipment Exporter Risks Guarantee - Guarantees up to 85% of post-shipment financing. Covers
post-shipment risks pertaining to exporter performance not normally covered by Eximbank, Foreign
Credit Insurance Agency, or private insurers.
Loan Guarantees - Guaranteed loans (up to 85%) for export transactions, the majority of which must be
California goods or services. Maximum guarantee amount is $500,000 per export transaction.
Pre-Shipment Exporter Risks Guarantee - Up to 85 percent of a working capital (pre-shipment) loan to
an exporter is guaranteed by this program. Some form of credit insurance or letter(s) of credit is required.
When working capital requirements exceed $588,000, SBA may co-guarantee with CEFO to allow for a
loan of up to $1,176,000.
Cooperaûve Agreement Guarantee - In conjunction with the SBA, loans up to $822,000 can receive an
85 percent guarantee.
~\ft.
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~~~ J
. CHÚ\A ~ISTA - "If or) J
Commun;'y Development Depanmen' . Ci'V of Chula Vb'a . 276 Founh Ave. . Chula v;,,( á;;:l ~19) 691·5047 Fa, 16191 476-5310 .
@l'ton',Pdonl'f'<ydO'dp;lpl"
......,-" - -- _._...__...~......_--- .--". -.-- ~--"-
I I ~ . ..liiiìlíïi I~
I ! I II II I
I I
EXPORT ASSISTANCE· (continued)
U.S. SMALL BUSINESS ADMINISTRATION (SBA)
557-7250
Export Financing - Financing of labor and materials for pre-export production or to help develop a
foreign market. Export Revolving Line of Credit (ERLC) program can guarantee up to 90% (or $750,000)
of bank financing.
BONDS
CDC SMALL BUSINESS FINANCE CORPORATION
291-3594
Taxable Bonds - CDC is able to offer long-term project financings and refinancing, using investment.grade
floating rate bonds, with borrower options to convert into rated or unrated fixed-interest taxable bonds.
Available for virtually all major commercial financing, real estate purchases, project refinancing,
..........._.......!.~~~.~~!.~!.?~~..~~~..~~~~~~~.?~:..~.~~~!~~.2:..~~..~9.~!.~.?:~:..£.~~ch~~:~:..~~!.~~.~~:.?..~~~~~:....................................
CITY OF CHUIA VISTA
Tax-exempt Industrial Development Bonds .. For bond financing up to $10 million, this financing can
provide an effective interest rate as low as 65% of the prime rate. For each $50,000 in bond issuance, one
job must be created or retained.
Taxable Industrial Development Bonds .. 1£ a project does not meet federal qualifications for tax-exempt
IDBs, taxable bonds may be Issued at approximately 80% of the prime rate.
CHULA VISTA REDEVELOPMENT AGENCY
CHUIA VISTA CITY COUNCn. AND REDEVELOPMENT AGENCY
691·5047
Tax Increment Financing - Through tax increment funding, agency can buy and sell land, renovate
deteriorated structures, and finance installation of physical improvements. Activity is limited to within
one of the City's five redevelopment areas: Bayfront, Town Centre 1 and 11, Otay Valley Road, and
Southwest.
OTHER ASSISTANCE
CDC SMALL BUSINESS FINANCE CORPORATION
291-3594
Employee Stock Ownership Plan (ESOP) - Assistance available from the National Cooperative Bank and
the Small Business Administration.
...--.....--...............--.................-.................-..-.-.-.....-.----......-..-..............-.----.-..................-.----...-.......-..................
U.S. SMALL BUSINESS ADMINISTRATION (SBA)
557·7250
SIII2ll Business Innovation Research Program (SBffi) - Grant awards of $750,000 or less for innovative
ideas that meet the specific Research and R&D needs of the Federal Government while potentially
opening the door to future commercialization.
«=-" Tho Sp;m,pUwo)
~\f?-
-------
~~
.. CllYOF ~
CHULA VISTA .
Community Development Department. Cily of (hula Vista. 276 Fourth Ave.. (hula Vis,a/cb-;;:¡~) 691-5047 Fax (619) 476-5310
* IJfln~O'donl'Kycledpapl'r
"Attachment E"
Soutbbay W orkforcelEducationaI
Development Conference
Sponsored By: City of Chula Vista (Economic Development
CommissionIWorkforce Development Team)
WDT Chair: Brene Patrick. San Diego Consortium and Private Industry Council
Vice Chair: Mary Wylie, South Western College
Project Coordinators: Tris Hubbard, Chula Vista Human Services and YMCA and Linda
Taylor, Sweetwater School District
Date: November 10, 1994
Location: Southwestern College Mayan Hall, Various Classrooms.
(Location is tentative at present time)
Attendance: Approximately 400 persons are likely
Time: 7:30 a.m. - 12:00 noon
Speakers: 1) Ms. Susan Reese, Superintendent, State Department of
Vocational Education
2) Newly appointed Business Education Director U.S.
Department of Education. *
3) Dr. Carl Malone, Head of Family Practice, Kaiser. *
Funding Sources: I) TECH PREP budget
2) ROP (title 232 and 231 areas)
3) VAT A funding
4) Various private contributors
5) JTPA
Participating Agencies: 1) Sweetwater Union School District 7-12, Adult Ed., and VOC
Education
2) Southwestern College
3) University of California at San Diego (UCSD)
4) California State University at San Diego (SDSU)
Goal: Organize an Educational Forum to include teachers and Counselors
from Sweetwater Union High School District and Southwestern
College and representatives from Business and Industry in Chula
Vista and the Southbay, to be scheduled on November 10, 1994.
O'>jectives: 1) Bring together Business and Industry (B&I) Personnel with
Page 1 .-I-'h>
/:J -/~
.-.--- ..... .-."' .-..---..----- --~~-~~---_._--~-
"Attachment E"
Educators to promote future articulation and networking.
2) To support development of a viable WorkForce by
reinforcing educators awareness of current and future job
skills required of employers.
3) To promote the relevancy of such discussions to classroom
curriculum development and teaching methodologies.
4) Develop informative and interactive breakout sessions
spearheaded by a triad made up of one Industry
Representative, one Vocational Educator, and one Educator.
Anticipated Outcomes: 1) Educators will modify curriculums and classroom
instructional methodologies to assure that they will be
productive in creating a competitive labor pool.
2) Modified instructional methods will improve success of
graduating workforce.
3) LocaI job seekers will have a better opportunity
because the training professionals are more equipped to
produce skilled job candidates.
4) Productivity and worker efficiency will be positively effected
because of discussions.
5) A foundation will be forged for future networking between
Business/Industry and the Educational System.
Outline of Days Events: I. Introduction by Mayor elect of Chula Vista.
II. Speech by Business Education leader from The US Dept. of
Education.
III. Breakout session
A. Sharing about expectations of each party.
B. Discussion of what is currently being done to prepare
students for the workplace.
C. Brainstorming on other methods and ideas to enhance
the abilities of students and competitiveness of local
businesses.
IV. Closing with speech from Dr. Susan Reese, Superintendent,
State Department of Vocational Education.
* These speakers are to be confirmed.
(dlSKN5:CV:EDU)
Page 2 ~
13--/(;
COUNCIL AGENDA STATEMENT
Itcm~ 1'-(
Meeting Date -3/15/94
5-!l-2-M
ITEM TITLE: Resolution \"~~Revising Council Policy 159-02, "Funding-Private
Org"n;7.:1tions or Individuals"
SUBMITrED BY: City Manager ø 4/Sths Vote: Yesßo.x. ,
BACKGROUND: Council Policy 159-02, "Funding-Private Organizations or Individuals",
was adopted by Council on January 25, 1972. This policy addresses the criteria, procedures
and requirements for funding private parties via the budget process. The existing policy is
lacking in that it does not address requests received during the course of a fISCal year, from
private organizations and individuals, for fmancial support to carry out programs or activities.
Council has directed staff to develop policy guidelines to assist them in consideration of such
requests. The proposed policy revisions are in response to that directive.
RECOMMENDATION: That Council adopt the resolution revising Council Policy 159-02,
"Funding Private Organizations or Individuals", to address funding requests received outside
of the budget process and to establish policies and procedures for evaluating said requests.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: From time to time the City receives requests for financial assistance from
private organizations and individuals subsequent to the adoption of the annual budget. On ,
several occasions, when faced with these funding decisions, the Council has asked for the
development of a policy which would provide guidelines for evaluating these requests and for
determining appropriate levels of support. Although there is an existing policy, it addresses
only those requests which are received as part of the budget process and does not speak to the
two areas which Council has specifically asked to have addressed, the development of criteria ,
which could be used in evaluating mid-year requests and funding level guidelines. There are,
however, many aspects of the existing policy which could be applied to mid-year funding
requests. It is therefore recommended that the current policy be revised to incorporate
provisions and guidelines for requests received subsequent to the adoption of the annual
budget. Attachment A to this report is the proposed policy. The following is a discussion of
the proposed policy as it relates to Council's concerns.
Fnndin¡ Criteria
The existing policy specifies criteria and guidelines for the expenditure of public funds as it
.
~ / Lf- /
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Page 2, Item Ib
Meeting Date 3/15/94
,
relates to funding of private organizations and individuals. It would be appropriate, and is
consistent with the existing policy and past practice, to apply these criteria to mid-year requests
as well. It is therefore reco=ended that these criteria be retained and applied to all funding
requests from private organizations and individuals:
1. In order to be eligible to receive public funding, the programs or activities for which the
funding is to be granted must be deemed to be beneficial to the interests of the citizens
of the City of Chula Vista and must be such that the interests of the City are better
served through an agreement with a private organization than by performance of the
services or functions by the City m: is such that the purpose of the support serves a
specific tangible benefit to the City.
2. Financial support of individuals shall not be approved unless they are citizens ofChula
Vista and the purpose of or reason for support serves a specific tangible benefit to the
City.
Detennination of Funilin a I.evels ,
The existing policy relates only to those requests received during the budget process. As a
result, it does not address funding limits, as these requests are considered in relation to other
funding priorities during the budget process and are subject to Council review in this light.
Such objective evaluations are more difficult to make outside of the budget process since
funding decisions cannot be measured against other funding priorities and identification of
potential funding sources is limited, especially under the current fiscal conditions where every
resource has been allocated to carry out the on-going operations of the City.
Traditionally, mid-year funding allocations have been made from the annual Council
Contingency account which was created specifically to give Council the latitude to fund
unanticipated programs or activities after the budget has been adopted. The Council
Contingency account is currently budgeted at $10,000 in the Non-Departmental Activities
budget. In light of Council's expressed desire for funding guidelines and the limited availability
of funds, the proposed policy revisions include language which places a limit on the amount
funds, and guidelines for determining funding levels outside of the budget process. The
proposed language is as follows: ,
flFinancial support granted outside of the budget process shall be the lesser of
$500 or the value of the tangible benefit to be received by the City through
funding of the program or activity or through services to be received in exchange
IAt-~
Page 3, Item ~ Iii
Meeting Date..3/1S;'94
5/z..'Z../"ft
for said funding. Council may deem by three aff1I1Ila.tive votes to exceed the
$500 limit if the value of the benefit is determined to exceed $500 and therefore ,
an expenditure of a greater amount would be appropriate... "
This language gives the Council the latitude to grant funding for an activity which in and of
itself does not provide a tangible benefit to the City, but for which the City will receive services
equal in value to the funding. For example, it would be difficult to place a dollar value on the
"tangible benefit" received by the City through the funding the expenses of a group attending
a national event, however, if that group were to enter into an agreement with the City to
perform at a specified number of City events, free of charge, then the City would be receiving
a tangible benefit. The number of performances would be determined by dividing the amount
of the funding granted by the amount they would receive performing at similar events. For
example if the group received $500 from the City and they normally receive $100 per
performance then they would be required to perform at five City functions within a specified
period of time. The $500 limit is recommended due to the current fiscal situation and the
shortage of discretionary funding available.
Other Chan¡l'!s Proposed
,
In order to facilitate Council's decision-m..1dng process as it relates to funding requests, it is
recommended that all requests for funding be referred to the City Manager for review and
recommendation of funding levels based on the criteria provided by this policy and on the
availability of funding. This formalizes the extension of the current policy provisions to
requests received mid-year.
All other changes to the existing policy are minor revisions to the format of the policy and
revised language clarifying the procedural requirements.
ALTERNATIVES:
1. Leave the policy as is.
2. Amend the proposed policy as deemed appropriate.
FISCAL IMP ACf: The fiscal impact of this policy will depend upon a variety of factors,
including the number and amounts of requests received and the amounts of funding granted.
,
TAE:te
/.q._~
. ........ .-...--.-...--..-----, ------~---_._._-------_..,.
RESOLUTION NO. J 7J./.2.;"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REVISING COUNCIL POLICY 159-02
"FUNDING-PRIVATE ORGANIZATIONS OR INDIVIDUALS"
WHEREAS, Council Policy 159-02, "Funding-Private
Organizations or Individuals", was adopted by Council on January
25, 1972; and,
WHEREAS, this policy addresses the criteria, procedures
and requirements for funding private parties via the. budget
process; and,
WHEREAS, the existing policy is lacking in that it does
not address requests received during the course of a fiscal year,
from private organizations and individuals, for financial support
to carry out program or activities; and,
WHEREAS, Council has directed staff to develop policy
guidelines to assist them in consideration of such requests; and
WHEREAS, in response to that directive, staff proposes
the attached policy revisions.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the city of Chula Vista does hereby revise Council Policy 159-02
"Funding-Private Organizations or Individuals" as set forth in
Attachment A, attached hereto and incorporated herein by reference
as if set forth in full.
Presented by Approved as to form by
John Goss, city Manager Bruce M. Boogaard, City
Attorney
C:\r.'159·02.pol
/"1-~
COUNCIL POLICY ATTACHMENT A
CITY OF CHULA VISTA Item -
Meeting Date 3/15/94
SUBJECT: POLICY EFFECTIVE
FUNDING-PRIV ATE ORGANIZATIONS OR NUMBER DATE PAGE
INDIVIDUALS
159-02 IOF4
ADOPTED BY: DATED:
BACKGROtJND
The City Council receives requests from private organizations and individuals for financial
support to carry out programs or activities. When these programs or activities are deemed to
be beneficial to the interests of the citizens of the City of Chula Vista, they constitute a
municipal purpose for which the expenditure of public funds is allowed. The City Council has ,
adopted the following policy to assist private organizations or individuals in requesting such
funds and Council in considering requests for said funding.
1. PuQ)Ose
1.1 To establish guidelines and criteria for providing public fmancial support to
private organizations or individuals.
1.2 To establish procedures for processing and ¡¡rlmini<:tering requests for funding
from private organizations or individuals via the budget process.
1.3 To establish policies and procedures for consideration of requests for funding by
private organizations or individuals submitted outside of the budget process.
2. Scope
2.1 This policy applies to all requests for non-Community Development Block
Grant (CDBG) funding by private organizations or individuals.
3. Polic:y
3.1 Orvn;7.Ation~ The functions or services to be performed with the funding
requested must be such that the interests of the City are better served by an
agreement arrangement with a private orgllni7-11tion than by performance of the
(Suoe....-wt- Council Policv 159-02 F.f1"ective 1125m)
-f6 -::> /4 .--S-
_ _ __ _.____ ._.--..--.. .__.__.._.~ _~____...__..~._u..__,__.
COUNCIL POLICY ATIACHMENT A
CITY OF CHULA VISTA Item -
Meeting Date 3/15/94 ,
SUBJECT: POLICY EFFECTIVE
FUNDING-PRIV ATEORGANIZA TIONSOR NUMBER DATE PAGE
INDIVIDUALS
159-02 20F4
ADOPTED BY: DATED:
services or functions by the City or is such that the purpose of or reason for
support serves a specific tangible benefit to the City.
3.2 Individuals Financial support of individuals. shall not be approved unIess~,
~re.mtÎ7W'· 1If.clw:l.. Vista A..d the purpose of or reason for support serves a
specific tangible benefit to the City.
3.3 Financial support granted outside of the budget process shall be the lesser of
$500 or the value of the tangible benefit to be received by the City through ,
funding of the program or activity or through services to be received in exchange
for said funding. Council may deem, by three afTlI1Dative votes, to exceed the
$500 limit if the value of the benefit is determined to exceed $500 and therefore
an expenditure of a greater amount is appropriate.
4. ProcPi!lIres
4.1 Requests for Fundin~
4.1.1 Requests for funding via the Community Promotions Program Budget
Process. Except for emergency or unanticipated funding requirements, all
funding requests shall be made in this manner.
Requests for funding shall be submitted to the City Manager's office on or
before the last Monday in the month of February of each year and must be
accompanied by: a detailed operating budget showing all sources of revenues for
operations and the nature of all proposed expenditures by object; an audited ,
fmancial statement, ifavailable, covering the organization's last complete fiscal
year relating actual revenues and expenditures to the budget estimates for that
year and indicating any operating surplus or deficit; and a statement outlining
the proposed program for the year for which support is being requested.
lSu.-..-l- C'..ouncil Policy 159-02 Effective In..sn2)
~
11-0
COUNCIL POLICY ATTACHMENT A
CITY OF CHULA VISTA Item
-
Meeting Date 3/15/94
SUBJECf: POLICY EFFECTIVE
FUNDING-PRIV ATE ORGANIZATIONS OR NUMBER DATE PAGE
INDIVIDUALS .
159-02 30F4
ADOPTED BY: DATED:
4.1.2 Requests for funding by org"n;7..a.tions or individuals outside of the
budget process. Occasionally a situation arises where it is not possible to
anticipate the need for funding assistance within the timefrarne for budget
consideration. Under these circumstances requests for funding shall be made in
the following manner:
,
a. Requests for funding shall be submitted, in writing, to the City Council via
the City Clerk. These requests shall include a statement rega,rding the nature
and purpose of all proposed expenditures and th(benefit to be derived by the
community through funding of said activitY(ies)'4'~.(.i)"".-r-,:.¡ ~~~J\Q..._
b. Requests for funding shall be referred to the City Manager for analysis and .
recommendation. The City Manager will review requests in the light of the
contribution to the service rendered by the organization/individual towards the
achievement of community goals and the City's current fiscal status.
4.1.3 All requests for funding must be accompanied by a written declaration,
signed by a responsible officer of the or ylni7.ation or by the individual making
the request stating that said organization or individual does not engage in any
discriminatory practices either de jure or de facto and they fully support the
national policy of racial and ethnic equality.
4.2 Distribution of Funds
4.2.1 No expenditure may be made out of any appropriation until a written agreement
setting out the terms and obligations of the parties has been entered into. The
agreement will specify, in detail, the services or function to be performed, the
nature of the reimbursement schedule and financial reporting requirements.
r.:h1"". ..1_ CnllnßI Policv 159802 Rffective 1/25172)
/1~
~
-~--_..._~--_._._-_._....__._---"-~---~_.
. COUNCIL POLICY ATIACHMENT A
CITY OF CHULA VISTA Item -
Meeting Date 3/15/94
SUBJECT: POLICY EFFECTIVE
FUNDING-PRIV ATE ORGANIZATIONS OR NUMBER DATE PAGE
INDIVIDUALS
,
159-02 40F4
ADOPTED BY: DATED:
.
4.2.2 All agreements will provide that any organization/individual receiving fmancial
support from the City agrees that the City will be permitted to inspect all books
and records of the private org~n;7"tionfmdividual and to perform audits the City
reasonably desires.
4.2.3 All agreements will provide for the City to withhold funds from the
organization/individual and to terminate its entire obligation upon notice to the
organization/individual if the organization/individual violates any of the terms
of the agreement or for other good cause shown not related to a violation of the
terms of the agreement. The City Manager shall thereafter notify the City
Council of the notification of termination made to the org;¡nÎ7ation/individual.
(FUNDPOQ
lSu--..l- Council Policv 1S9~02 Effective 1125/72)
~
COUNCIL AGENDA STATEMENT . 1.5-
( Item~
Meeting Date ~1:;/94
XTEM TXTLE: Resolution 11~ ~'! authorizing institution of Vn--I4f'f
proceedings to finance facilities to be used in
connection with an Olympic Training Center to be
developed by San Diego National Sports Training
Foundation
SUBMX'l"l'ED BY: Deputy City Manager /f..empl
JŒVXEWED BY: City ManagerJ~ ~~) (4j5THS Vote: Yes_No..,JL)
BACKGROUND: The San Diego National Sports Training Foundation
(Foundation) has requested that the City of Chula Vista provide
$3,OOO,ODO in "gap" construction financing for completion of core
facilities at the ARCO Training Center. The Foundation is a non-
profit foundation responsible for funding and constructing a
multisports, warm weather training complex which, when completed
will be owned and operated by the United states Olympic Committee
(USOC). The facility, to be known as the ARCO Training Center, is
under construction on a 150-acre site in the community of Eastlake
in eastern Chula Vista. Council action tonight will authorize
staff to work with the Foundation to pursue an acceptable financing
( structure.
RECOMMENDATXON: That the city Council:
1) Authorizing the institution of proceedings to finance the
construction of facilities in the ARCO Training Center.
2) waive the formal bidding process related to the selection
of bond counsel and underwriter.
BOARDSjCOMMISSXC!NS RECOMMENDATION: Not applicable.
DISCUSSXON:
Xn 1976, the USOC adopted a National Training Center concept which
authorized "the establishment of regional training centers to help
develop and prepare potential international class athletes".
Today, the USOC operates training centers in Colorado Springs,
Colorado and Lake Placid, New York.
In 1986, the USOC adopted priorities for the future, including
development of a multi-sport training center on the west coast.
Simultaneously, and under the leadership of city Councilwoman
Gloria McColl, the City of San Diego established an Olympic
Training Site Ad Hoc Task Force. The Task Force consisted of local
business and community leaders and was directed to:
~ /-;>-j
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Page 2, Item If
Meeting Date 3/15/94
Act as the official liaison between the US DC and the City )
-
of San Diego, and
- Evaluate possible sites for an Olympic Training Center,
and report their findings and recommendations to the
city.
OVer a 34-month period the Task Force performed feasibility
studies, analyzed alternative facilities concepts, entered into
formal negotiations with the USOC, and inspected more than 40
potential sites. Seven of these sites were selected for further
review and analysis.
Based on the Foundation's progress, in April 19BB the USOC approved
the San Diego area as the location for its west coast training
center.
In October 198B, the USOC and Foundation selected a 150-acre site
in the community of Eastlake as the location for the center. The
Eastlake Development Company agreed to donate the site at no cost
to the Foundation or the USOC. In November, the USOC Board
approved the site plan and facilities program for the center.
From January to March 19B9, design forums were held with athletes I
and coaches. Based on information collected at the forums and on
visits to European training centers, the Foundation's architects
revised the site plan and facilities programs to reflect the latest
thinking about design, use and layout.
In Octòber 19B9, the USOC and Foundation approved and signed the
"USOC Training Center Funding and Construction Agreement". Under
terms of the agreement, the Foundation agreed to fund and construct
the center and the USOC agreed to own and operate it when
completed.
In October 1990, the USOC, Foundation and Atlantic Richfield
Company (ARCO) agreed to the final terms and conditions of a
$15 million sponsorship, whereby the facility would be known as the
ARCO Training Center.
Between August 1989 and January 1991, necessary approvals were
obtained from the San Diego Local Agency Formation Commission and
the city of Chula Vista to allow groundbreaking and commencement of
grading.
Grading commenced at the site in January 1991. Since then, the
site has been graded, infrastructure installed and landscaping
completed.
)
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Page 3, Item ~/~
i ~
( Meet ng Date ~1:;/9"4
31"1..1.-111.(
Planned Facilities
The ARCO Training Center will be constructed in two phases.
Financing is being requested to assist in the construction of core
facilities (Phase One) which, when completed, will be conveyed to
the USOC. Exhibit A indicates the core and support facilities
being constructed in Phase One. The permanent Visitors Information
Center is scheduled for construction in Phase Two, however, a
temporary registration center, gift shop, and conference space
will be built in Phase One.
Þhase One Budaet
The Foundation has previously indicated that fund raising efforts
have resulted in almost $60 million being committed to the project.
This figure includes $15 million each from ARCO and the state of
California, $10 million from individuals/business donations, and
$20 million as the value of land donated by Eastlake Development
Company.
Phase One construction budget covers all core facilities plus
grading and infrastructure for the ultimate development of the
\ site. The total construction budget through completion of all
first phase facilities is estimated to be $35,944,294. Phase One
construction is scheduled for completion by October 1994.
The Foundation has indicated a construction cash flow short-fall of
$3,000,000 which is the basis of their request to the city of Chula
Vista. Exhibit B is an Estimated Cash Flow schedule prepared by
the Foundation indicating the need for a $3,000,000 bridge loan.
Current Foundation Fundina
To date, most of the funding for the construction of the ARCO
Center has come from two sources: ARCO and the state of
California. ARCO has made a grant of $15 million to the
Foundation, all of which has been received except for $3 million
which is scheduled to be received by the end of April 1994. The
state of California approved a loan of $15 million to the
Foundation. To date $14 million has been received and the balance
of $1 million is to be included in the state budget for FY 1994-95.
Several million dollars have also been donated from individuals and
corporate businesses. The Foundation has recently revitalized its
fund raising efforts and Exhibit C outlines the current Fundraising
strategy of the Foundation.
~\'5 1S--3
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Page 4, Item 17
Meeting Date 3/15/94
citv ParticiDation in Financina )
As stated, the Foundation has requested a $3,000,000 loan from the
City in order to complete the financing needed for construction of
the core facilities in Phase One of the ARCO Center. The
Foundation intends to repay the loan from pledges and donations to
be collected in future years.
This possibility has been discussed with the Foundation on and off
for the past year with a focus on creative solutions. Much of the
discussion was put on hold pending the Foundation clarifying and
solving certain issues they had with the USOC regarding their
relationship and the facility program for Phase One.
The City's participation could be financed through the sale of
Certificates of Participation (COPs), a type of financing that
requires a lease arrangement. The City and Foundation/USOC could
enter into a lease agreement involving land and/or improvements to
facilitate the issuance of COPs by the City to raise $3 million and
to secure the commitment of the Foundation/USOC to repay the loan
from the City. In the absence of any credit enhancement, such as
a letter of credit or bond insurance, the City could foreclose on
the land and improvements in order to make itself (the General
Fund) whole in the event that donation and pledge revenues received
by the Foundation were not sufficient to cover the City's debt
service obligation. )
The risk to the City is that if the foundation does not receive a
sufficient amount of donations and pledges in order to repay the
City loan, the City's General Fund has the obligation and the City
is faced with the prospect. of foreclosing on Olympic Training
Center facilities, which is not a practical option.
Personal Guarantees
In order to mitigate this potential risk to the General Fund, David
Armstrong, the Executive Vice President of the Foundation, proposed
that additional security be provided in the form of corporate or
individual guarantees to the City. The guarantees would be drawn
on in the event that the collection of pledges by the Foundation
was insufficient to meet the loan repayment obligation to the City.
Rather than the City being faced with the possibility of
foreclosing on the Training Center, the guarantees would provide
the additional credit enhancement to be used in the· place of
foreclosure. Staff has held preliminary discussions with the
Foundati()n regarding the substance of the guarantees, such as
letters of credit or real property, but nothing has been finalized
at this point. Upon finalizing the form of the personal guarantees
and preparation of required documentation relating to the financing
plan, staff will return to the Council for final approval and
authorization.
)
1- If-
\ I....
/S;--Lj
Page 5, Item~fS--
Meeting Date
( /'7-Z--/N
Waiver of Biddina Process
As noted above, construction of the ARCO center facilities is under
way and time is important. Discussions with the Foundation have
been ongoing for some time and have included, on occasion,
representatives from the firms of Jones, Hall, Hill & White and
Dean Witter Reynolds. They have offered advice to both the city
and Foundation regarding legal and financing issues in relation to
the project. Both firms have extensive experience with the City of
Chula Vista. Jones, Hall, Hill & White have provided bond counsel
services to the City for many bond issues since 1979. The firm of
Dean Witter Reynolds has underwritten three City/Agency bond issues
since 1987. The City has been very satisfied with the services
received from both of these firms. For these reasons, staff is
recommending that Council waive the normal bidding process and
appoint Jones, Hall, Hill & White as bond counsel and Dean witter
Reynolds as underwriter in the event the city proceeds with a
financing structure that involves the issuance of bonds or
certificates of participation. Any fees for services would be paid
from bond proceeds.
FISCAL IMPACT:
The City is exploring methods to provide $3,000,000 to the
(Foundation to assist in the construction of Olympic Training Center
facilities becaUse the center will have a positive impact socially,
economically and image-wise for Chula vista. staff's approach is
to develop a financing scenario that provides the funds that the
Foundation needs in order to complete construction of the core
facilities, but at the same time does not put the City's General
Fund at undue risk.
Approval of this Resolution allows staff to continue working with
the Foundation, bond counsel and underwriter in an effort to
structure an acceptable financing plan. Staff will return to the
Council for further approval at the appropriate time.
If the financing is obtained through the issuance of Certificates
of Participation, the bond counsel fees will be approximately
$22,000 and underwriting fees approximately $50,000. These fees
are paid only if the Certificates are issued and the fees are
funded from certificate proceeds.
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RESOLUTION NO. I?¥;¿:r
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING INSTITUTION OF
PROCEEDINGS TO FINANCE FACILITIES TO BE USED
IN CONNECTION WITH AN OLYMPIC TRAINING CENTER
TO BE DEVELOPED BY SAN DIEGO NATIONAL SPORTS
TRAINING FOUNDATION
WHEREAS, the San Diego National sports Training
Foundation, a nonprofit corporation organized under the laws of the
state of California (the "Foundation"), has been organized for the
purpose of financing the acquisition and construction of an Olympic
Training Center to be located within the city (the "Project"), and
the Foundation has requested that the city assist the Foundation in
financing the acquisition, construction and improvement of certain
facilities relating to the project; and,
WHEREAS, in order to provide such financial assistance,
the Foundation and the city have discussed a financing .tructure
the outlines of which are as follows:
(a) the Foundation will enter into a lease agreement
with the city under which the Foundation agrees to
( construct the project facilities and to lease the
completed facilities and the site thereof to the
city, and under which the City agrees to pay
periodic rental payments from any source of legally
available funds, including the General Fund of the
City;
(b) in order to raise the funds required to construct
the Project facilities, the Foundation will assign
its rights to receive rental payments from the city
under the lease agreement referred to above, to a
trustee bank which will execute and deliver
certificates of Participation under a trust
agreement to be entered into among the City, the
Foundation and such trustee bank; and
(c) proceeds received from the sale of the Certificates
of participation will be deposited in a
construction Fund to be held by the trustee bank
and disbursed upon requisitions submitted by the
Foundation; and
(d) in order to ensure that the Foundation, rather than
the city, is ultimately liable to make debt service
payments on the financing, the city will either (i)
( sublease the Project facilities and the site
1
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thereof back to the Foundation in return for
sublease payments which are sufficient to provide
for payment of debt service, and/or (ii) obtain )
guarantee agreements from the Foundation and other
persons who are interested in the Project and who
are judged by the city to be of sufficiently secure
credit, and/or (iii) be secured by a deed of trust
on the site of the facilities being financed; and,
WHEREAS, the City Council wishes at this time to approve
in concept the financing plan outlined above (the "Financing Plan")
and authorize City staff to consider this plan and other financing
alternatives,
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City·
Council of the City of Chula Vista as follows:
section 1. Approval of l'inaneinCjJ Plan. The City Council
hereby approves in concept the Financing Plan described above, and
authorizes the City Manager, the Director of Finance and other
appropriate officials of the City to institute proceedings for the
implementation of the Financing Plan. Upon the preparation of all
required documentation relating to the Financing Plan or any
financing alternative, such documentation shall be presented to the
City Council for final approval and authorization.
Section 2 . .nCjJaqement of Profe..ional Service.. In
connection with the implementation of the Financing Plan, the City )
Council hereby authorizes the engagement of Jones Hall Hill &
White, A Professional Law Corporation, to act as special legal
counsel to the City upon the terms and conditions set forth in the
existing agreement with said firm dated August 1, 1985. The City
Council hereby further designates Dean Witter Reynolds Inc. to act
as underwriter of the Financing in accordance with an agreement to
be entered into with said firm at the time of sale of certificates
of Participation.
section 3. .ffeetive Date. This Resolution shall take
effect from and after the date of its passage and ado
Presented by e' ¡
I
George Krempl, Deputy City L Bruce M.
Manager Attorney
C:\ra\f1nance.otc
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I ARCO TRAINING CENTER
m CORE FACILITIES
]'ralnin2 Venues:
400-meter track & S-acre throwing field, plus support building
SO-meter swimming pool 3 meters deep throughout, plus support building
Astroturf field bockey pitch with watering system, plus support building
2.00G-meter rowinglcanoelkayak course, plus 6-bay boathouse
44-Iane archery range, plus support building
4 soccer fields. plus support building
4 tennis courts, plus support building
9/1o-mile cycling criterium course
A 2-mile perimeter jogging path
( ~UDDort Facilities:
.
, .'
, 4 residence halls to accommodate up to 180 athletes
.
.~ A kitchen, servery and dining hall with seating for 300
¡ A medical clinic and human perfonnance lab
A strength and weight training center
A registration center
A gift shop and 2 visitors plazas
An elevated visitor promenade known as the Olympic Path
'. A building and grounds maintenance center
Secwity. administrative and ~nference space
Visitor and athlete parking
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SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION
BRIDGE LOAN REQUIREMENTS
(
CASH SHORTFALL PER CASH FLOW
SCHEDULE OF 12/13/93 .5.700.000
LESS:
PLEDGES DUE IN 1995-1996 .1.125,000
(ACCELERATE OR BORROW AGAINST)
STATE OF CALIFORNIA LOAN '1.000,000
( ADDITIONAL PLEDGES TO BE SECURED
IN THE CURRENT YEAR j5715.oo0
f·2.700.000)
BRIDGE LOAN REQUIRED $3.000.000
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Î FUNDRAISING $TRATEGY
'.
BACKGROUND
. From 1987 to 1990, the San Diego National Sports Training Foundation had raised
520 million in land and nearly 538 million in cash and pledges for development of
the ARCO Training Center. Architectural plans were drawn and approved by the
U.S. Olympic Committee, based on criteria developed by the National Governing
Body of each. sport designated to use the center by the USOC.
In 1991, the foundation began the massive grading process and installation of the
project's infi'astructure. At the same time, the foundåtion suggested that the U.S.
, .- Olympic Committee determine construction priorities for master-planned facilities
!~ \..:.) in order to open the center to athletes as soon as possible. This would speed the
pace of fundraising and put to work the now nearly 559 million already raised for
the project.
In February of 1993, the USOC and the foundation agreed upon a set of core
facilities (see Appendix G.) which brought the project - and fundraising - budget
to 562.5 million.
CAMPAIGN STRATEGY TO COMPLETE PROJECf
With the fmal definition of the core facilities, the foundation adopted a strategy to
create a new sense of credibility for the project. and a new sense of urgency for its
fundraising campaign.
.After so many years of public cliscussion and projected elates for ~il18 the
project suffered fiomconfiJsÏon among many members ofabe public. with some
prospective donors presUmin$ that the project would never be completed. The
ÍOIJDðtIfÍOD set out to correct the record through several tactical steps. all designed
to show that this Olympic: Aeam would, incleecl, become a reality IS quickly IS the
foundation could raise the fiDa1 53.5 million of its campaign goal- the last 5
æ" percent to put the project and the campaign -over the top.-
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\ I TACTICAL APPROACH TO CAMPAIGN
. In light of the strategy to inject a new sense ofurgeitcy and credibility to the )
project, the foundation tOl?k the following tactical steps:
Immediate Above-Ground Construction
The foundation immediately began construction of above-ground facilities. This
work included 1) training venues and support buildings for archery, canoelkayak,
cycling, field hockey, rowing, soccer, teMis, and track and field, and 2) all
roadways, parking and the elevated Olympic Path, the ceilter's main visitor
thoroughfare. With this work underway, the center began to take sJ¡ape, literally,
on its magnificent, ISO-acre site above the Otay Reservoir. It is now clear to
anyone who sees the project that it Will soon become a reality.
Each of the remaining facilities, including the boathouse, housing and dining
complex, sports science and medicine center and the pool complex for
synchroDized swimming and water polo, would be built on a "pay-as-you-go"
basis as soon as funds were raised to complete each component. (Note: To speed
construction and commencement of operations, a gap financing package would
. ) alJow construction of essential facilities in 7 months' time.)
Public Awareness Campaign )
The fOWJdation has embarked on a three-part campaign to improve awareness of
the project's progress among prospective donors and the public at large.
. First, the fOWJdation staffhas spent several months reintroducing the project to
public officials and members of the San Diego County business community.
These efforts create a valuable word-of-mouth endorsement by opinion leaders of
the San Diego area.
Second, a public relations campaign is WJderway which creates media events at the
site. Whetl!.er the men's field hockey team trials to demonstrate the newly
completed Astroturf pitch, or clinics for local schooJ kids conducted by Olympic
runners, these events show off completed facilities, and provide a preview of the
ÎDteraction between Olympians and the positive effect they have on the youth of
the community. Most recently, the men's sweeps rowing team was covered during
their first mu week of practice on the Otay Reservoir, creating substantial print
and television coverage.
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( I Third, the staff and board of the foundation invite as many prospective donors as
possible to the site for an escorted tour of the facility. This tactic is the best means
available for motivating a prospective donor. Tours begin with a stop at the
EastLake Homefinding Center to see the project's topographical model, followed
by a driving tour of the site. With facilities popping up allover the site, it is easy
to see that the construction of the facility can be completed quickly, once funding
and fmancing is secured.· .
New Campaign Theme
To help create the sense of urgency so vital to the balance of the fundraising, the
foundation adopted a new campaign theme: What iJ Tøkes: Crossing the finish
line for the oARCD Training Center. Graphicålly, this theme is depicted in a
contempor8l)', stylized logo of an Olympic torch in the hand of an athlete. When
used verbally and in written copy, the theme is used to point out the amount of
funding needed to complete the training center, and the determination of Olympic
hopefuls to represent their country in international competition. .
New Campaign Film and Literature
j In order to reinforce What it Takes in all elements of the campaign. the slogan was
used as a thematic device throughout a new film on the training center. The film.
nmated by NBC Olympic broadcaster Dick Enberg, compares the detennination
of Olympic hopefuls with the detennined community effort to provide them with
facilities they need and deserVe.
New campaign literature has been produced which also reinforces the What it
Takes theme. Collateral material including a pledge card. newsletter, brochure and
kit cover, has been produced for use by foundation staft' and board members.
Strengthened Board Membenhlp
The foundation's Board of Trustees has been strengthened with the recruitment of
new members. and they in turn are introducing new prospective donors to the
project In the last year, Ron Fowler, Neil Derrough. Doug Manchester, Rugg
Cunningham. Scott Jones. Scott Tinley, Bill Toomey and Brian Dyson (Coca-COla
executive) have been added to the board. and Ma1in Bumham was elected Vice
President foUowing the death ofEmie Hahn. Trustee David M. Armstrong,
founder ofProKennex temlis racquets, was elected to the position of Executive
Vice President to head the staff of the foundation.
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(, . I Special Events
,
. To capitalize on the new momentum established for the campaign, the foundation
has instituted a series of special events which bring groups of opinion leaders and
prospective donors to the ~nstruction site for a fmt-hand look at the project's
progress.
In October 1993, the foundation co-hosted a luncheon on the construction site
which was billed as the annual membership luncheon of the Greater San Diego
Sports Association. This event - which attracted 700 business leaders, including
70 Olympians, to the site - served as the kick-off to the What it Takes campaign
to complete the ARCO Tr¡úning Center. Since that luncheon, more than $700,000
has been pledged for the center.
Similarly, a preview tour and reception was held in February 1994 for members of
the Chula Vista business community. These and similar events will succeed in
providing a first-hand look at the project for key members of the community who
can help put the project over the top.
Statement of Community Benefit
J
In addition to the work of the staff and board of the foundation, Mr. John Ramsey, )
fonner Executive Director of the San Diego Community Foundation, has been
retained to help solicit foundation targets nationally and locally. As part of that
effort, a mission statement has been articulated which underscores the foundation's
resolve that the center benefit more youngsters than just those skilled enough to
train there.
The USOC estimates that the facilities of the training center will be available for
community use for organized camps, clinics and competitions approximately 40
percent of the time. The foundation's gift to the USOC of$62.5 million can thus
be regarded as a gift to the youth of the community valued at 40 percent of the
total, or $25 million. At a tUne when physical fitness programs are being cut back
for at-risk youth, this facility can serve as a vital source of inspiration and
RCreation for youngsters of Southern CalifomiL
The center will also be open daily to visitors who will receive a ftee, escorted tour.
of the grounds. Many of these visitors will be local children with their family or
with their classmates on a field trip. During their tour they will see the importance
., of fitness and Dutrition,and learn the value of goal-setông and perseverance.
!!f,k~ Olympian virtues that will serve them in aU they do.
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~ I Naming Opportunities
t A list of available naming opportunities has been developed which provide
prospective donors with a range of facilities which can be named pennanently in
their honor. Available naining opportunities are priced according to their relative
size and visibility, and if all were sold, would generate a total exceeding .
$9 million. far more than the $3.5 million needed to complete the foundation's
capital campaign.
Segmented Approach to Donor Solicitation
Donor .solicitation has been tailored to appeal to specific types of prospects. In
general, prospects have been targeted on a national level and on a local level, with
elements of donor recognition VllI)'ing by type and amount of donation.
National Corporate Targets: This solicitation effort is being conducted on two
levels. First are national companies which receive pennanent naming rights to a
particular venue or support facility in recognition for their donation. Second are
national companies which receive the additional benefit of promoting their
relationship with the center through their national advertising and public relations
ì campaigns. These marketing rights are reserved nationally for companies which
( have already become a sponsor of the 1996 Centennial Olympic Games in Atlanta.
The foundation is working closely with the USOC to introduce the project to these
companies. They include corporations such as VISA, John Hancock, etc. These
companies are now considering proposals that would generate $SSO,OOO in new
funding. Several new Atlanta sponsors have yet to be introduced to the project,
and await the foundation's joint solicitation through the USOC.
National Foundation Targets: The appeal to national foundations focuses largely
on the need for private funding of America's Olympic hopefuls', and their value as
role models for the youth of California. Foundations based in Detroit, Pittsburgh
and Boston are currently considering proposals that would generate $1.25 million
in Dew funding.
Local Corporate Tar¡ets: A Dumber of companies based in San Diego and
Southern California are beiD¡ solicited as weD. The appeal is tailored to the
importance or the ARCO TramillS Center to the cultural and economic landscape
of the city and the region. As good corporate citizens - with a vested interested in
iiì!ì. the well being of the community in which they are based - they can gain a great
,Iji deal of public acclaim locally to stepping up to help complete the project.
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I This solicitation also involves a two-tiered process. Companies may receive
pennanent naming rights to a training venue or support facility. The may also )
receive the additional benefit of marketing rights to promote their involvement if
the promotional campaign were confined to the San Diego region.
Proposals are currently being considered by a number oflocal coIporations which
would generate more than S8oo,ooO in new funding.
Local Foundation Targets: Foundations based in California, particularly south of
Los Angeles, are solicited according to their charter and their focus on the youth
of Southern California. Programs for community access and outreach hold
particular appeal to such foundations whose young beneficiaries will learn the
value of goal-setting and perseverance from Olympic hopefuls that practice those
skills daily.
A theme of "shared responsibility" is being fonnulated in which several
foundations will be asked to step up together to help ensure that this Olympic
dream comes true. These proposals, which in the process of being tailored to meet
the specific criteria of each targeted foundation, could generate more than
S I million in new funding.
Local Individuals: Like local companies and foundations, individuals who live )
and work in San Diego are being approached to support the foundation's capital
c:ampaign. The primary method or solicitation involves a prospect list developed
by each member of the board of trustees. With staff assistance, trustees conduct
personal tOIU"S of the facility and request financial assistance.
As with any fundraising endeavor, the prospect list is constantly updated as
potential donors are identified, solicited and eliminated from futuré consideration.
As current copy of this list is attached in confidence for the review of the City of
Chula Vista only.
Hahn Memorial Fund
As a separate project, a specific fundraising effort is being 1U1dertaken in memo!)'
ofEmest W. Hahn, . leading member of the foundation board who, perlIaps more
than any other individual, was ICSpOnsible for bringing the project to the verge of
completion.
Mr. Hahn's colleagues in the Urban Land Institute will be solicited nationally,
i;:~t~ along with mends and business associates from Southern California. They are
being asked to match the S5oo,000 Mr. Hahn personally contributed to the project. )
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( Cost-Cutting Measures
In addition to generating new sources of funding, the foundation is working with
the USOC to reduce the cost of the final components of the project yet to be
. constructed. At the same time, the foundation's operations are being re-examined
to minimize any expenses not directly tied to construction.
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SIIN DEGO NA110NAL
5PORJS TUlNNGfOUNDA1ION
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-- March 21, 1994
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~ - MX'. c:.orte· Krempl
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~~ Ðeputy C ty Manager
~~ City of Chula Vieta
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"_Jr. Chula vieta, CA 91910
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=~.;.;¡;: ...,' 'oA't,·t:ii. '\:Jùt."eti/'I~wóúl'd'nlÜl':to,o:tä1C.-t1i.l.-~portunit "~ð"O" "
::;"'W._,fIÐ thank you IIIId your .taff on the work and effort k Lve
_~ ._ ~ut into our rec¡ue.t for the City to provi.de vap f anoiDV
_1_ or the neo 'l'rainiDg Centu" project.
_LWI.,
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""""11.... per our discus.ion, _ are currently exploring a number of
=-.~ other options to obtain the .... and .hCNld receive
_c.-'1oII) decision. by the middle of April. Acc=d.1ngly, in the
::-'~~ inter..t of tiae and efficiency, J: feel that it would b.
::to=... beet to po.tpone the diecu.sion of our requeet with the
..JdL_ Counoil for 30 clay. at which time our Poundation's
~=!oq. finanaial situation will be lIOre clear.
_Il_
HooyL -...,.. ODce again, I thllllk you for lou:t: efforta and J: hope this
"""'1 ,...
-- do.en't iIIpoae undue hardah p UpOn you and ~r ataif.
_W._ll",.' Ift) Certainly, if you should have any questions, eel free to
_w contact _.
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-..."
·1IIot_ ~ Armstrong
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Bxecut.ive Vice pre.ident·
DNA/ea
., eel Joe ScbDeider
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COUNCIL AGENDA STATEMENT
Item / ¿,
Meeting Date 3/22/94
ITEM TITLE: Resolution No. 17 V J:J approving the sale of
bonds in an aggregate principal amount not to
exceed $18,000,000, the proceeds of which will
refund certain pension obligations of the city to
the California Public Employees' Retirement System
(PERS)
SUBMITTED BY: Assistant city Manager .~^ /
Interim Finance Ad~nistrator~(71' ~
REVIEWED BY: city Manage~~~ (4/5THS Vote: Yes___No-X-)
At its December 14, 1993, the Council authorized staff to proceed
with the issuance of proposed "pension obligation bonds", the
proceeds of which will be paid to PERS in full satisfaction of the
ci ty' s unfunded pension obligations. Staff explained that the city
is currently paying off this obligation through biweekly payments
to PERS which carry an interest rate of 8.75% (PERS assumed
earnings rate). At current market levels, the taxable pension
bonds are projected to carry an interest cost of about 7.50% thus
generating total savings estimated at $3.3 million.
The pension obligations would be structed to produce savings of
approximately $460,000 (net of $330,000 cost of issuance) over the
remainder of the current fiscal year and annual savings thereafter
(through the year 2011) of approximately $150,000). Actual savings
will depend on market conditions on the day the bonds are sold.
The attached Resolution delegates authority to the City Manager to
sell the bonds at prices and interest rates he deems acceptable
provided that the city achieves a present value savings target of
at least 5% of the aggregate amount paid to PERS in satisfaction of
the City's pension obligations. Municipal issuers typically will
proceed with a refinancing opportunity if the present value savings
is between 2 and 5 percent. Current estimates on the proposed
pension bonds show projected savings of about 13%.
RECOMMENDATION:
That the City Council adopt the attached Resolution. In general,
this Resolution provides for the following:
1) Approves the sale of the bonds to Grisby, Brandford & Co. as
underwriter pursuant to a Bond Purchase Agreement and
delegates authority to the City Manager to approve final price
and interest rates provided that the City achieve a present
value savings, as described above, of at least 5%.
/¿ "I
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Page 2, Item J (,
Meeting Date 3/22/94
2) Approves the Preliminary Official statement and related
financial documents, including the Indenture of Trust and the
Debenture, which are required to implement the refinancing
plan to be accomplished by the pension bonds. Authorizes City
officers to effect all actions deemed necessary or appropriate
in order to consummate the issuance of the bonds and
appropriates funds to pay for the cost of issuance of the
Bonds.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
At their meeting on November 23, 1993, the city council was
presented with staff's recommendation to proceed with the issuance
of "Pension Obligation Bonds" to refinance the city's current
"unfunded actuarial liability" (UAL) to PERS. In order to respond
to questions raised by the Council regarding the origin of the UAL
balances, this item was carried over to the Council's meeting on
December 14, 1994. At that meeting staff was directed to proceed
with the issuance of the bonds but to report back to the Council
following the completion of the validation proceedings associated
with the issuance of the bonds.
The city has recently received a favorable judgment of the superior
Court upholding the validity of the bonds. Also, bond ratings from
Moody's and from Standard & Poor's have been requested and are
expected this week as are bids from several providers of bond
insurance. with the Council's approval to proceed, the underwriter
will be in a position to mail the city I s Preliminary Official
Statement to potential investors in the bonds and move as quickly
as possible to "price" the bonds thereby locking in interest rates.
PROCESSING
Tonight's action will allow the finance team to move forward with
the sale of the bonds in a timely manner thus reducing the risk of
further market deterioration. Assuming certain affirmations from
the rating agencies are forthcoming, the bonds are targeted for
sale by the end of this month. However, this schedule could be
accelerated or delayed depending on general market conditions. The
Council's action on this item, gives staff the desired flexibility
to achieve the best price in this volatile market.
As the council may know, interest rates have been very volatile
over the past month and are considerably higher than in November
1993 when this refunding was first contemplated by the Council.
Further increases in interest rates will reduce the City's realized
savings even further.
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Page 3, Item /¡,
Meeting Date 3/22/94
FISCAL IMPACT:
Based on current market conditions and a conservative financial
closing date of May 1, 1994, the city will realize savings over the
remainder of this fiscal year of approximately $760,000 less
$340,000 issuance cost. This savings is accomplished, in part, by
paying with the proceeds of the bonds the City's "normal"
contribution amounts for the remainder of the fiscal year (or 2 to
3 months). Offsetting this cash flow savings will be the cost of
issuance associated with the bonds which is estimated to total
approximately $330,000. Annual savings thereafter through the year
2011 are estimated at approximately $150,000 generating total
savings of $3.37 million.
I¡':J /1'-'/
__'~'."'___',"'_U_.__ .---_._._----~_.,.._"_.
RESOLUTION NO. 17'133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING lHE SALE OF BONDS IN lHE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $18.000,000 TO
REANANCE THE OUTSTANDING OBLIGATIONS OF THE CITY TO
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
APPROVING FINAL FORM OF OFFICIAL STATEMENT AND OTHER
LEGAL DOCUMENTS, AND AUlHORlZING OFFICIAL ACTIONS
WHEREAS, the City of Chula Vista (the "City") has previously adopted its
Resolution No. 17319 on December 14, 1993, authorizing the issuance of bonds of the City in the
aggregate principal amount of not to exceed $ I 8,000,000 (the "Bonds") pursuant to the provisions
of Articles 10 and I I of Chapter 3 of Part I of Division 2 of Title 5 of the California Government
Code, commencing with Section 53570 of said Code, for the purpose of refunding certain
obligations of the City which are due and payable to the California Public Employees' Retirement
System ("PERS"), consisting of the total amount of the unfunded actuarial liability to PERS (the
"Unfunded Liability") and the remaining normal contributions for the current fiscal year (the
. "Nonnal Conttibutions"); and
WHEREAS. the City has recently received a favorable judgment of the Superior
Court upholding the validity of the Bonds, and the City Council wishes at this time to authorize the
sale of the Bonds and approve the final fonn of the various docwnents relating thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista as follows:
Section 1. Sale of Bonds. The City Council hereby approves the sale of the
Bonds to Grigsby Brandford & Co., Inc. as underwriter (the "Underwriter") pursuant to that
certain Bond Purchase Agreement (the "Purchase Agreement") by and between the City and the
Underwriter in substantially the fonn thereof on file with the City Clerk together with any additions
thereto or changes therein deemed necessary or advisable by the City Manager, and the execution
and delivery thereof by the City Manager shall be conclusive evidence of the approval of such
additions and changes. The Bonds shall be sold at such prices and interest rates as shall be
acceptable to the City Manager, provided that the net present value savings to the City in
refinancing its obligations to PERS shall be at least equal to five percent (5%) of the aggregate
amount of the Unfunded Liability to be refunded.
Section 2. Official Statement. The City Council hereby approves, and
hereby authorizes the City Manager to deem final within the meaning of Rule 15c2-12 of the
Securities Exchange Act of 1934 except for permitted omissions, a preliminary fonn of Official
Statement describing the Bonds in the form on file with the City Manager. Distribution of such
preliminary Official Statement by the Underwriter to prospective purchasers of the Bonds is hereby
approved. The City Manager is hereby authorized to execute the final fonn of the Official
Statement, including as it may be modified by such additions thereto and changes therein as the
City Manager shall deem necessary, desirable or appropriate, and the execution of the [mal Official
Statement shall be conclusive evidence of the approval of any such additions and changes. The
City Council hereby authorizes the disttibution of the final Official Statement by the Underwriter.
The final Official Statement shall be executed in the name and on behalf of the City by the City
Manager.
Section 3. Final Form of Documents. The City Council hereby approves
each of the following documents required to implement the financing plan to be accomplished by
the Bonds, in substantially the respective forms on file with the City Clerk together with any
changes therein or additions thereto deemed advisable by the City Manager, and the execution
/¿....>
...--..
thereof by the Mayor shall be conclusive evidence of the approval of any such changes or
additions. The Mayor is hereby authorized and directed for and in the name and on behalf of the
City to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of
the City to, the final form of each such document:
(a) Indenture of Trust by and between the City and First Interstate Bank of
California, as trustee, prescribing the terms and conditions upon which the Bonds
are to be issued; and
(b) Debenture, payable and evidencing the obligations of the City to PERS
to be refunded from the proceeds of the Bonds.
Section 4. Authorization to Pay Costs. The City Council hereby authorizes
the appropriation of amounts from the General Fund to pay the costs of issuing the Bonds, in such
respective amounts and to such payees as shall be required in connection therewith. The aggregate
amount of costs of issuance to be paid shall not exceed the aggregate amount of the Bond proceeds
which are applied to pay the Normal Contributions for the current fiscal year; it being the intent of
the financing plan that by applying the Bond proceeds to pay such Normal Contributions, a
sufficient amount will be available in the General Fund to pay the costs of issuing the Bonds.
.
Section 5. Official Actions. The Mayor, the City Manager, the Director of
Finance. the City Clerk and all other officers of the City are each authorized and directed in the
name and on behalf of the City to make any and all assignments. certificates. requisitions,
agreements, notices, consents, instruments of conveyance, warrants and other documents, which
they or any of them might deem necessary or appropriate in order to consummate the issuance and
sale of the Bonds and any of the other transactions contemplated by this Resolution. Whenever in
this Resolution any officer of the City is authorized to execute or countersign any document or take
any action, such execution, countersigning or action may be taken on behalf of such officer by any
person designated by such officer to act on his or her behalf in the case such officer shall be absent
or unavailable.
Section 6. Effective Date. This Resolution shall take effect from and after the
date of its passage and adoption.
Presented by Approved as to form by
Sidney Morris Bruce Boogaard
Assistant City Manager City Attorney
-2- /t,.~
.-.- _',_'._m_
NEW ISSUE-BOOK ENTRY ONLY RATING: MOODY'S:
Taxable (Federal) STANDARD & POOR'S:
Tax-Exempt (California) (See "Rating" ben:in)
In the opinion of Jones Hall Hill & White, A ProfessioTUlI Law Corporation, San Francisco,
California, Bond Counsel, imerest on the Bonds is not excludable from gross income for federal
income tax purposes. In the further opinion of Bond Counsel, such imerest is exempt from
Colifornia persoTUlI income taxes. See "TAX MAITERS" herein.
$
CITY OF CHULA VISTA
Taxable Pa1si.on Obligation Bonds, Series 1994
Dated: April 1, 1994 Due: July 1, as shown below
The City of Chula Vista Pension Obligation Bonds, Series 1994 (the "Bonds") will
be dated March 1, 1994. The City of Chula Vista (the "City") has elected to have its employees
become members of the California Public Employees Retirement System ("PERS") established
under California Government Code Sections 20000 through 20500 (the "Retirement Law"), and
the City has contracted with the Board of Administration of the retirement system for that
purpose. The obligation of the City to make contributions to PERS under the Retirement Law
to fund pension and other retirement benefits represents an obligation imposed by law and, in
respect of that statutory obligation, the City will execute a debenture (the "Debenture"), dated
as of the date of issuance of the Bonds, in favor of PERS.
The Bonds are being issued pursuant to an Indenture of Trust (the "Indenture")
by and between the City and the Trustee, to refund the obligations from the City to PERS
evidenced by the Debenture. The Bonds are absolute and unconditional obligations imposed upon
the City by law. The Bonds are not limited as to payment to any special source of funds of the
City.
The Bonds will be delivered only in fully registered form, in denominations of
$5,000 each or any integral multiple thereof. The Bonds will be registered in the name of Cede
& Co., as nominee of The Depository Trust Company, New York, New York ("DTC").
Beneficial owners of the Bonds will not receive physical certificates representing the Bonds, but
will receive a credit balance on the books of the nominees of such beneficial owners. So long
as Cede & Co. is the registered owner of the Bonds, principal, premium, if any, and interest
represented by the Bonds will be paid by First Interstate Bank of California, as trustee (the
"Trustee"), directly to DTC, which will in turn remit such principal, premium, if any, and
interest to its participants for subsequent disbursement to the beneficial owners of the Bonds as
described herein. Interest on the Current Interest Bonds payable semiannually on each January
I and July 1, commencing January 1, 1995.
SOl \432886
3/16/94:081
/¿, , ?
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The Bonds are subject to prepayment prior to their stated maturities at the prices,
upon the terms and at the time described herein under "THE BONDS-PREP A YMENT."
NEITHER THE BONDS NOR THE OBLIGATIONS OF THE CITY TO PAY
THE PRINCIPAL AND INTEREST REPRESENTED THEREBY CONSTITUTE A DEBT OF
THE CITY, THE STATE OF CALIFORNIA OR ANY POUTICAL SUBDMSION THEREOF
WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT
LIMITATION OR RESTRICTION. THE OBLIGATION OF THE CITY TO PAY PRINCIPAL
AND INTEREST ON THE BONDS DOES NOT CONSTITUTE AN OBLIGATION FOR
WHICH THE CITY IS OBLIGATED TO LEVY OR PLEDGE ANY FORM OF TAXATION
OR WHICH THE CITY HAS LEVIED OR PLEDGED ANY FORM OF TAXATION.
This cover page contains certain infoT71Ullion for quick reference only. It is Mt
a summary of this issue. Investors must read the entire Official Statement to obtain infoT71Ullion
essential to the malång of an informed investment decision.
MATURITY SCHEDULE
$ Series Bonds
CURRENT INTEREST BONDS
Maturity Principal Ioterest Price or Due Principal Ioterest Price or
Date Amount ~ Yield l!I1I...l Amount BS YW!!
l!I1I...l
1995 2003
1996 2004
1997 2005
1998 2006
1999 2007
2000 2008
2001 2009
2002 2010
2003 2011
2004
CAPITAL APPRECIATION BONDS
Maturity Initial Full
Date Principal Accreted
MD Amount ~ ful!1 ~
$ $ 'JIí 'JIí
Capital Appreciation Bonds Dated as of the Date of Delivery
SDl\432886
3/16/94:081 /¿'-3'
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The Bonds are offered when, as and if received by the Underwriter, subject to the approval by
Jones Hall Hill & White, A Professional Law Corporation, San Francisco, California, Bond
Counsel. Certain other legal matters will be passed upon for the City by the City Attorney and
for the Underwriters by their counsel, Gray Cary Ware & Freidenrich. It is expected that the
Bonds in book entry form will be available for delivery through DTC in New York, New York
on or about April IS, 1994.
GRIGSBY BRANDFORD & CO., INC.
,1994
SDl\.32886
3/16/94:081
/¿,.c¡
,._...__ '"U ___"M"'___"'_ .~__..,._____..__u...~___..··_·__·--"_· ___
CITY OF CHULA VISTA
San Diego County, California
CITY COUNCll.
Tim Nader
Mayor
Robert P. Fox Leonard M. Moore
Member Member
Jerry Rindone Shirley Horton
Member Member
CITY OFFICIALS
John D. Goss
City Manager
Sid W. Morris Bruce Boogaard
Assistant City Manager City Attorney
John P. Lippitt Beverly A. Authe1et
Director of Public Works City Clerk
Clifford L. Swanson Susan B. Merrill
City Engineer Finance Administrator
Chris Salomone
Community Development Director
PROFESSIONAL SERVICES
Bond Counsel
Jones Hall Hill & White, A Professional Law Corporation
San Francisco, California
Trustee
First Interstate Bank of California
Los Angeles, California
Underwriters' Counsel
[ ]
/¿ 'IP
om_. _ _~____~.._._.. _._.,.,.____,___._U"^ .___~_..______
No dealer, broker, salesman or other person has been authorized to give any
information or to make any representation other than as contained in this Official Statement in
connection with the offering described herein, and if given or made, such other information
or representation must not be relied upon as having been authorized. This Official Statement
does not constitute an offer to sell or the solicitation of an offer to buy any securities other
than the Bonds offered hereby, nor shall there be any offer or solicitation of such offer or
sale of the Bonds in any jurisdiction in which it is unlawful for such person to make such
offer, solicitation or sale. Neither the delivery of this Official Statement nor the sale of any
of the Bonds implies that the information herein is correct as of any time subsequent to the
date hereof.
This Official Statement is not to be construed as a contract with the purchasers of the
Bonds. Statements contained in this Official Statement that involve estimates, forecasts or
matters of opinion, whether or not expressly so described herein, are intended solely as such
and are not to be construed as a representation of fact.
The information set forth herein has been obtained from the City of Chula Vista and
other sources believed to be reliable, but the accuracy or completeness of such information is
not guaranteed by, and should not be construed as a representation by, the Underwriter. The
information and expressions of opinions herein are subject to change without notice and
neither delivery of this Official Statement nor any sale made hereunder shall, under any
circumstances, create any implication that there has been no change in the affairs of the City
since the date hereof. All summaries contained herein of the Indenture or other documents
are made subject to the provisions of such documents and do not purport to be complete
statements of any or all of such provisions.
IN CONNECTION WITH THE OFFERING, THE UNDERWRITER MAY
OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE
BID PRICE OF THE SECURITIES OFFERED HEREBY AT A LEVEL ABOVE THAT
WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH
STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME.
IN MAKING AN INVESTMENT DECISION INVESTORS MUST RELY ON
THEIR OWN EXAMINATION OF THE PARTICIPANTS AND THE TERMS OF THE
OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. THE BONDS HAVE
NOT BEEN RECOMMENDED BY ANY FEDERAL OR STATE SECURITIES
COMMISSION OR REGULATORY AUTHORITY. FURTHERMORE, THE FOREGOING
AUTHORITIES HAVE NOT CONFIRMED THE ACCURACY OR DETERMINED THE
ADEQUACY OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE
CONTRARY IS A CRIMINAL OFFENSE.
THE BONDS HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND
EXCHANGE COMMISSION UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
432911
3/16/94:081
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TABLE OF CONTENTS
fm
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
The City ............................................. 1
Security and Source of Payment ............................... 1
City Employees Retirement Program ............................2
Purpose of the Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Description of the Bonds ...................................2
Tax Matters ........................................... 3
Professionals Involved in the Offering . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Authority for Delivery of the Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Offering and Delivery of the Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Other Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
THE BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Description of the Bonds ...................................4
Current Interest Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Capital Appreciation Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Book Entry Only System ...................................5
Interest Payment Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Redemption of the Bonds ................................... 7
Optional Redemption ................................. 8
MandatoryRedemption ................................ 8
Notice of Redemption; Cessation of Interest . . . . . . . . . . . . . . . . . . . . . . .. 8
PLAN OF FINANCING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
ESTIMATED SOURCES AND USES OF FUNDS . . . . . . . . . . . . . . . . . . . . . . .. 9
ANNUAL DEBT SERVICE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . .. 9
BONDHOLDERS' RISKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Covenant To Appropriate .................................. 11
Additional City Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Limitations on Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Economic Conditions in California ........................... . 12
THECITY ............................................... 13
Municipal Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Climate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Population ........................................... 13
432911
3/16/94:081 -iii-
/1,'/.2.
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CITY POPULATION DATA .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Public Employees Retirement System . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
City Self-Insurance Program ................................ 15
Asses5e(! Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Tax Delinquencies ..................................... . 17
Bonded Debt .......................................... 17
CITY OF CHULA VISTA ................................. 17
Fund Balances; General Fund Revenues; Expenditures and Transfers . . . . . . . . 18
Employment and Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Commerce ........................................... 22
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Community Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
TAX MATI'ERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
APPROVAL OF LEGALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Validation Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Opinions of Counsel ..................................... 25
RATING ........0,...........··························· . 25
UNDERWRITING ......................................... . 26
NO LmGATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
INFORMATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
APPENDICES:
APPENDIX A CITY OF CHULA VISTA FINANCIAL INFORMATION
APPENDIX B AUDITED FINANCIAL STATEMENTS OF THE CITY FOR
FISCAL YEAR ENDED
APPENDIX C SUMMARY OF PRINCIPAL LEGAL DOCUMENTS
APPENDIX D FORM OF BOND COUNSEL OPINION
432911
3116/9.,081 -iv- /{p..13
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$
CITY OF CHULA VISTA
Pension Obligation Bonds,
Series 1994
INTRODUCTION
The purpose of this Official Statement is to provide certain information
concerning the sale and delivery of the City of Chula Vista Pension Obligation Bonds Series
1994 (the "Bonds"), in the aggregate principal amount of $ .
The City
The City of Chula Vista (the "City") is located on San Diego Bay in Southern
California, 8 miles south of San Diego and 7 miles north of the Mexico border. With a
population of 146,400 the City is the second largest city in San Diego County. The City was
incorporated in 1911 and became a charter city in 1949 with a council-manager form of
government.
Security and Source of Payment
The Bonds will be executed and delivered pursuant to the terms of the
Indenture dated as of April 1, 1994 (the "Indenture"), by and between the City and First
Interstate Bank of California, as trustee (the "Trustee"). The obligation of the City to make
payments with respect to the Bonds is an absolute and unconditional obligation of the City
imposed upon the City by law and enforceable against the City pursuant to the Retirement
Law and payment of principal of and interest on the Bonds is not limited to any special
source of funds. The Indenture provides that the City is obligated to deposit or cause to be
deposited with the Trustee the amount of the City's obligations on the Bonds on each Interest
Payment Date at least within thirty (30) days in advance of such Interest Payment Date. The
City covenants to make appropriations and transfers in respect of the obligations to pay the
Bonds. No assurance can be given as to the amount and source of funds available in the City
Treasury for such transfer at any particular time. The Bonds do not constitute an obligation
of the City for which the City is obligated to levy or pledge any form of taxation. Neither
the Bonds nor the obligation of the City to make payments with respect to the Bonds
constitute an indebtedness of the City, the State of California or any of its political
subdivision within the meaning of any constitutional or statutory debt limitation or restriction.
THE BONDS 00 NOT CONSTITUTE A DEBT OF THE CITY OR THE
STATE OF CALIFORNIA OR ANY POLmCAL SUBDMSION THEREOF WlTHIN THE
MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMIT OR
RESTRICTION, AND 00 NOT CONSTITUTE AN OBLIGATION FOR WHICH THE
CITY OR THE STATE OF CALIFORNIA IS OBLIGATED TO LEVY OR PLEDGE ANY
432911
3/16/94:081 -1-
1(, -1'/
...-..,..---.,. _u. ,_...__..,._.~..._______
FORM OF TAXATION OR FOR WHICH THE CITY OR THE STATE HAS LEVIED OR
PLEDGED ANY FORM OF TAXATION.
City Fmployees Retirement Program
The City of Chula Vista (the "City") contributes to the California Public
Employees Retirement System ("PERS"), an agent multiple-employer public employee
retirement system that acts as a common investment and administrative agent for participating
public entities within the State of California. All salaried full-time and part-time employees
are eligible to participate in PERS. Participants in the plan vest after 5 years of employment.
Employees in the plan who retire at or after age 50 receive annual retirement benefits
calculated based on age, years of service and the final 3 years' compensation. The City's
payroll for employees covered by PERS for the year ended was $29,345,649
out of a total payroll of $32,328,007.
Pension costs are recorded as expenditures when paid by bi-weekIy
contributions to PERS. The total pension contribution for the year ended
was $5,779,132. At June 30, 1992, the date of PERS' most recent actuarial valuation, the
plan net assets avai1able for benefits totaled $ million (at cost). The City's total
unfunded actuarial liability at June 30, 1992 was $ million.
Purpose of the Bonds
The Bonds are being issued to provide funds to allow the City to ma1ce
payments in respect of its unfunded accrued actuarial1iability with respect to retirement
benefits for City employees and a portion of (?) the unpaid balance of the City's normal
contribution to the retirement system for the fiscal year ending June 30, 1994. The City has
elected to have its employees become members of PERS established under California
Government Code Sections 20000 through 20500 (the "Retirement Law"), and the City has
contracted with the Board of Administration of the retirement system for that purpose. The
Retirement Law obligates the City to, among other things, (a) ma1ce normal annual
contributions under the Retirement Law to PERS to fund pension and other retirement
benefits for the members; (b) amortize the "unfunded accrued actuarial liability" of the City
under the Retirement Law over a period not to exceed 30 years; and (c) appropriate funds for
the purpose of making such contributions. The obligation of the City to make contributions
to PERS under the Retirement Law to fund pension and other retirement benefits represents
an obligation imposed by law and, in respect of that statutory obligation, the City will execute
a debenture (the "Debenture"), dated as of the date of issuance of the Bonds, in favor of
PERS.
De8criptiœ of the Bonds
The Bonds will be issued only in fully registered form, in denominations of
$5,000 each or any integral multiple thereof. The Bonds will be registered in the name of
Cede & Co., as nominee of The Depository Trust Company, New York, New York
("DTC"). Beneficial owners of the Bonds will not receive physical certificates representing
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the Bonds, but will receive a credit balance on the books of the nominees of such beneficial
owners. Interest on the Current Interest Bonds is payable semiannually on each Ianuary 1
and Iuly I, commencing Ianuary I, 1995. The Bonds are subject to redemption prior to their
stated maturities. See "THE BONDS" herein.
Tax Matters
In the opinion of Bond Counsel, under existing law, the interest on the Bonds
is not excludable from gross income for federal income tax purposes. It is the further
opinion of Bond Counsel, interest on the Bonds is exempt from personal income taxation by
the State of California.
Prof-crinn..l!1 Involved in the Offering
All proceedings in connection with the execution and delivery of the Bonds are
subject to the approval of Iones Hall Hill & White, A Professional Law Corporation, San
Francisco, California, Bond Counsel. First Interstate Bank of California will act as trustee,
registrar and paying agent for the Bonds. Bond Counsel will receive compensation from the
City contingent upon the sale and delivery of the Bonds.
Authority for Delivery of the Bonds
The Bonds are being executed and delivered pursuant to the Indenture. The
Indenture was approved in substantially final form by a resolution adopted March 22, 1994
by the City Council of the City.
Offering and Delivery of the Bonds
The Bonds are offered when, as and if issued, subject to approval as to their
legality by Bond Counsel. It is anticipated that the Bonds will be available for delivery in
New York, New York on or about April 14, 1994.
Validation
The authorization by the City of the issuance of the Debenture and the Bonds
as obligations of the City imposed by law, and certain other matters, were validated by
judgment of the Superior Court of the State of California rendered on March 4, 1994.
Other Information
This Official Statement speaks only as of its date, and the information
contained herein is subject to change.
The City has not entered into any contractual commitment to provide
information on a continuing basis to investors or any other party, except to the extent such
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_ _____._ ___..,._.__.,..,_.,._,.'___._n_..__'..________··"'~·___.__
information is required to be provided pursuant to the City's contracts with nationally
recognized statistical or rating organizations.
Copies of documents referred to herein and information concerning the Bonds
are available from the City Clerk, City of Chula Vista, 276 Fourth Avenue, Chula Vista,
California 91910, telephone: (619) 691-5041. The City will impose a charge for copying,
mailing and handling.
TIlE BONDS
DescripCion of the Bonds
The Bonds will be dated April 1, 1994, will bear interest at the rates and
mature on the dates set forth on the cover of this Official Statement and will be issued as
fully registered Bonds in denominations of $5,000 or any integral multiple thereof.
Current Interest Bonds
The Current Interest Bonds will be delivered as fully registered bonds without
coupons, in book-entry form only. Ownership interests in the Current Interest Bonds may be
purchased in denominations of $5,000 each or any integral multiple thereof. The Current
Interest Bonds will be dated as of April 1, 1994, and will bear interest at the rates set forth
on the inside front cover page of this Official Statement, payable semiannually on January 1
and July 1 of each year commencing January 1, 1995. Subject to the redemption provisions
set forth herein, the Current Interest Bonds will mature on the dates and in the amounts set
forth on the inside front cover page hereof. Principal of and interest on the Current Interest
Bonds will be payable by the Trustee to DTC, which is obligated in turn to remit such
principal and interest to DTC Participants for subsequent disbursement to Beneficial Owners
(herein defined) of the Current Interest Bonds as described under "Book-Entry Only System"
herein. In the event that the book-entry system shall no longer be used with respect to the
Current Interest Bonds, interest on the Current Interest Bonds will be payable on each interest
payment date to the registered holders thereof as of the close of business on the fifteenth day
of the calendar month preceding such interest payment date (the "Record Date") (except with
respect to defaulted interest) by check mailed by first class mail on such interest payment date
to such registered holders at the address shown on the registration books maintained by the
Trustee; provided, however, that any Bondholder of at least $1,000,000 in aggregate
principal amount of Current Interest Bonds may be paid interest by wire transfer upon written
request submitted to the Trustee prior to the Record Date.
Capital Appreciatioo Bonds
The Bonds with maturity dates in the years _ through _' inclusive, designated
as "Capital Appreciation Bonds", as set forth on the inside front cover page of this Official
Statement, will be issued in denominations such that the Accreted Value of each of the
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Capital Appreciation Bonds will be $5,000 or an integral multiple thereof on its respective
maturity date. The initial amount of each of the Capital Appreciation Bonds per $5,000
Accreted Value at maturity is set forth on the inside front cover of this Official Statement.
The Capital Appreciation Bonds will be dated the date of their initial authentication and
delivery and will bear interest from such date, compounded semiannually each January 1 and
July 1 thereafter, payable .at maturity or upon prior redemption thereof. No payments of
principal or interest will be made with respect to the Capital Appreciation Bonds prior to
maturity or prior redemption. The Accreted Values (which include both principal and
interest) per $5,000 of Accreted Value on the respective maturity dates for the Capital
Appreciation Bonds at January 1, 1995 and at each January 1 and July 1 thereafter, through
, the year _' are set forth in Appendix D hereto. The difference between the Accreted
Value at the maturity date of the Capital Appreciation Bonds and the price at which such
Capital Appreciation Bonds are initially offered represents interest over the life of the Capital
Appreciation Bonds.
The table in Appendix D is not to be construed as a representation as to the market
value of the Capital Appreciation Bonds at any time in the future. The Accreted Value for
each date set forth in the table represents only the initial amount plus the amount of interest
that has accrued to such date in order to produce the original issue yield to maturity.
"Accreted Value" means, with respect to any Capital Appreciation Bond, an amount
equal to the principal amount of such Capital Appreciation Bond, plus interest accrued
thereon from its date, compounded on each January 1 and July 1 (through and including the
maturity date of each Capital Appreciation Bond) at the "original issue yield" for such Capital
Appreciation Bond, provided that the Accreted Value on any date other than March 1 and
July 1 shall be calculated by straight line interpolation of the Accreted Values as of the
immediately preceding and succeeding March 1 and July 1. The term "original issue yield"
means, with respect to the Capital Appreciation Bonds, the yield to maturity of each such
Capital Appreciation Bond from the initial date of delivery thereof calculated on the basis of
semiannual compounding on each January 1 and July 1.
The Bonds, when issued, will be registered in the name of Cede & Co., as
registered owner and nominee of the Depositary Trust Co., New York, New York ("DTC"),
and together with any successor securities depository (the "Securities Depository"). DTC will
act as Securities Depository for the Bonds. Individual purchases of the Bonds will be made
in book entry form. Purchasers will not receive certificated Bonds. So long as Cede & Co.
is the registered company of the Bonds, as nominee of DTC, references herein to the
Bondholders or registered owners shall mean Cede & Co., as aforesaid, and shall not mean
the Beneficial Owners (as defined herein) of the Bonds.
Book Entry Only System
DTC will act as securities depository for the Bonds. The Bonds will be
delivered as fully registered securities registered in the name of Cede & Co. (DTC's
partnership nominee). One fully registered certificate will be issued for each maturity of the
Bonds and will be deposited with DTC. So long as the Bonds are maintained in the book-
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entry system of DTC, the ownership of the Bonds will be registered to Cede & Co., which
will be the sole Owner of the Bonds.
DTC is a limited-purpose trust company organized under the New York
Banking Law, a "banking organization" within the meaning of the New York Banking Law, a
member of the Federal Reserve System, a "clearing corporation" within the meaning of the
New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the
provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that
its participants ("Participants") deposit with DTC. DTC also facilitates the settlement among
Participants of securities transactions, such as transfers and pledges, in deposited securities
through electronic computerized book entry changes in Participants' accounts, thereby
eliminating the need for physical movement of securities certificates. Direct Participants
include securities brokers and dealers, banks, trust companies, clearing corporations, and
certain other organizations. DTC is owned by a number of its Direct Participants and by the
New York Stock Exchange, Inc., the American Stock Exchange, Inc. and the National
Association of Securities Dealers, Inc. Access to the DTC system is also available to others
such as securities brokers and dealers, banks, and trust companies that clear through or
maintain a custodial relationship with a Direct Participant, either directly or indirectly
("Indirect Participants"). The rules applicable to DTC and its participants are on file with the
Securities and Exchange Commission.
Purchases of Bonds under the DTC system must be made by or through Direct
Participants, which will receive a credit for the Bonds on DTC's records. The ownership
interest of each actual purchaser of each Bond ("Beneficial Owner") is in turn to be recorded
on the Direct and Indirect Participants' records. Beneficial Owners will not receive written
confirmation from DTC of their purchase, but Beneficial Owners are expected to receive
written confirmations providing details of the transaction, as well as periodic statements of
their holdings, from the Direct or Indirect Participant through which the Beneficial Owner
entered into the transaction. Transfers of ownership interest in the Bonds are to be
accomplished by entries made on the books of Participants acting on behalf of Beneficial
Owners. Beneficial Owners will not receive certificates representing their ownership interests
in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Participants with
DTC are registered in the name of DTC's partnerships nominee, Cede & Co. The deposit of
Bonds with DTC and their registration in the name of Cede & Co. effect no change in
beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds;
DTC's records reflect only the identity of the Direct Participants to whose accounts such
Bonds are credited, which mayor may not be the Beneficial Owners. The Participants will
remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct
Participants, by Direct Participants to Indirect Participants, and by Direct Participants and
Indirect Participants to Beneficial Owners, will be governed by arrangements among them,
subject to any statutory or regulatory requirements as may be in effect from time to time.
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Redemption notices shall be sent to Cede & Co. If less than all of the Bonds
within an issue are being redeemed DTC's practice is to determine by lot the amount of the
interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds.
Under its usual procedure, DTC mails an Omnibus Proxy to the City as soon as possible after
the record date. The Omnibus Proxy assigns Cede & Co. 's consenting or voting rights to
those Direct Participants to whose accounts the Bonds are credited on the record date
(identified in a listing attached to the Omnibus Proxy).
Principal and interest payments with respect to the Bonds will be made to
DTC. DTC's practice is to credit Direct Participants' accounts on payable date in accordance
with their respective holdings shown on DTC's records unless DTC has reason to believe that
it will not receive payment on payable date. Payments by Participants to Beneficial Owners
will be governed by standing instructions and customary practices, as is the case with
securities held for the accounts of customers in bearer form or registered in "street name,"
and will be the responsibility of such Participant and not of DTC, the Trustee or the City,
subject to any statutory or regulatory requirements as may be in effect from time to time.
Payment of principal and interest to DTC is the responsibility of the City or the Trustee,
disbursement of such payments to Direct Participants shall be the responsibility of DTC, and
disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct
and Indirect Participants.
DTC may discontinue providing its services as securities depository with
respect to the Bonds at any time by giving reasonable notice to the City or the Trustee.
Under such circumstances, in the event that a successor securities depository is not obtained,
Bonds are required to be printed and delivered.
The City may decide to discontinue use of the system of book-entry transfers
through DTC (or a successor securities depository). In that event, Bonds will be printed and
delivered.
The information in this section concerning DTC and DTC's book-entry system
has been obtained from sources that the City believes to be reliable, but the City takes no
responsibility for the accuracy thereof.
Interest Payment Dates
Interest on the Bonds is payable semiannually on January 1 and July 1 of each
year commencing January 1, 1995 (each an "Interest Payment Date").
Redemption of the Bonds
The Bonds are subject to redemption prior to their stated maturity as described
below.
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0pti01llll RJ!donption. The Bonds are not subject to optional redemption before
their respective stated maturity dates.
MondoIory Ret/empIion. The Bonds with a stated maturity of
are subject to mandatory sinking fund redemption at a redemption price
equal to the principal amount thereof, plus accrued interest to the redemption date, without
premium, on July I of the following years and in the following principal amounts:
Ym .Y.w
(July I) Principal Amount (July I) Principal Amount
On or before the 45th day prior to any mandatory sinking fund redemption
date, the Indenture requires the Trustee to select for redemption (by lot in such manner as the
Trustee may determine) an aggregate principal amount from such Bonds subject to such
redemption equal to the principal amount from such Bonds subject to such redemption equal
to the principal amount for such years as set forth in the table above and to call for
redemption such Bonds or portions thereof in amounts equal $5,000 or any integral multiple
thereof and to give notice of such call. At the option of the City, the City's obligation, in
whole or in part, with respect to a mandatory sinking fund redemption requirement may be
satisfied by delivering to the Trustee for cancellation Bonds subject to such redemption.
No✠of Redemption; C......tion of Interest
The Indenture requires that the Trustee, at least 30 but not more than 60 days
before each redemption, mail a notice of redemption (the "Redemption Notice") by first·dass
mail to each owner of a Bond to be redeemed and that the notice be sent to the owner's
registered address. Failure to give any required notice of redemption as to any particular
Bonds will not affect the validity of the call for redemption of any Bonds in respect of which
no failure occurs. Any notice sent as provided in the Indenture will be conclusively
presumed to have been given whether or not actually received by the addressee. When notice
of redemption is given, Bonds called for redemption become due and payable on the
redemption date at the applicable redemption price. In the event that funds are deposited with
the Trustee sufficient for redemption, interest on the Bonds to be redeemed will cease to
accrue as of the redemption date.
PLAN OF FINANCING
The Bonds are being issued for the purpose of refunding the Debenture and the
obligations of the City with respect to the retirement benefits represented thereby. The
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Debenture is an absolute and unconditional obligation imposed upon the City by law and
enforceable against the City pursuant to the Retirement Law and is not limited as to payment
as to any special source of funds of the City. The City's obligation with respect to the
Bonds will be an absolute and unconditional obligation imposed upon the City by law and
enforceable against the City pursuant to the Retirement Law and will not be limited as to
payment to any special source of funds of the City.
The Debenture and the Bonds are issued in respect of the City's statutory
obligation to amortize the unfunded accrued actuarial liability imposed by the Retirement Law
and to pay the balance of the City's normal contribution to PERS for the current fiscal year.
The City will provide the PERS with the proceeds of the Bonds (exclusive of
accrued interest) in the aggregate principal amount of the Debenture to refund the Debenture
and the obligation represented thereby.
ESTIMATED SOURCES AND USES OF FUNDS
The proceeds to be received from the sale of the Bonds (excluding accrued
interest), together with certain funds to be provided from other sources, are estimated to be
applied as set forth in the following table.
Estimated Sources of Funds
Par Value of Bonds $
Funds Appropriated by City $
Total Estimated Sources of Funds $
Estimated Uses of Funds
Refunding of Debenture (1) $
Costs of Issuance (2) $
Total Estimated Uses of Funds $
(1) See ·PLAN OF FINANCING" herein.
(2) Includes underwriting fee, legal, printing, accounting and other costs of issuance.
ANNUAL DEBT SERVICE REQUIREMENTS
The following table sets forth the amounts required to be made available for
the payment of principal of the Bonds at the principal payment date or by mandatory
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redemption, for the payment of interest on the Bonds, and for the total payments with respect
to the Bonds.
ANNUAL DEBT SERVICE
CITY OF CHULA VISTA
PENSION OBLIGATION BONDS, SERIES 1994
Payment Date1 Annual Principal Semi-Annual Total Debt
Payment Interest Payment Service
January I, 1995
July 1, 1995
January 1, 1996
July 1, 1996
January 1, 1997
July 1, 1997
January 1, 1998
July 1, 1998
January 1, 1999
July I, 1999
January 1, 2000
July 1, 2000
January 1,2001
July 1, 2001
January 1, 2002
July 1, 2002
January 1, 2003
July I, 2003
January 1, 2004
July 1,2004
January I, 2005
July I, 2005
January 1, 2006
July 1,2006
January I, 2007
July 1,2007
January 1, 2008
July I, 2008
January 1, 2009
July 1, 2009
January 1, 2010
July 1, 2010
1 Principal Payments on the Bonds are made on January 1 commencing July 1, 1995.
Interest Payments are made on January 1 and July 1, commencing July 1, 1995.
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January 1, 2011
July 1, 2011
$ $ $
BONDHOlDERS' RISKS
Covœant To Appropriate
The obligations of the City under the Bonds including the obligation to make
all payments of interest and principal when due, are obligations of the City imposed by law
and are absolute and unconditional, without any right of set-off or counterclaim. The Bonds
do not constitute an obligation of the City for which the City is obligated to levy or pledge
any form of taxation. Neither the Bonds nor the obligations of the City to make payments on
the Bonds constitute an indebtedness of the City, the State of California, or any of its political
subdivisions within the meaning of any constitutional or statutory debt limitation or
restriction.
The City Council of the City shall be obligated to make appropriations to pay
the unfunded accrued actuaria11iability which is evidenced by the Bonds, and the portion of
the City's normal contribution for the fiscal year ending June 30, 1994 which is evidenced by
the Bonds, from any source of legally available funds of the City, including the general fund
of the City. The City Council shall be obligated in each Fiscal Year to appropriate all
amounts from such funds as may be required to pay the aggregate amount of the principal
and Accreted Value of and the interest and premium (if any) on the Bonds coming due and
payable in such Fiscal Year.
Additional City Obligations
The City has the right and authority to enter into other obligations which
constitute additional charges against its revenues without notice to the Bondholders and
without obtaining the prior consent of the Bondholders. To the extent that additional
obligations are incurred by the City, the funds available to make payments of principal and
interest on the Bonds.
J .imibotïœs œ ll........ties
In the event of a default under the Indenture, the Trustee may proceed with
certain specified remedies and also take whatever action at law or in equity may appear
necessary or desirable to enforce the rights of the Bondholders. All amounts received from
such proceedings after subtracting therefrom all costs of collection will be credited against
payments due from the City. One remedy available to Trustee is the right to accelerate the
total payments of principal outstanding on the Bonds, together with interest accrued thereon.
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Any such acceleration, however, is subject to the absolute right of the City to cure at any
time after such acceleration and before any judgment or decree for the payment of the monies
due shall have been obtained or enter. The City may cure by depositing with the Trustee, on
behalf of the Bondholders, a sum sufficient to pay principal of and installments of interest on
the Bonds, the payment of which is overdue, with interest on the overdue principal at the rate
borne by the Bonds to the extent permitted by law. In the event that the City so cures, the
Trustee may rescind and annul the acceleration and its consequences and waive the event of
default.
In addition, in the event that the Trustee were to seek such a judgment or
decree for the payment of monies due, any such suit for money damages would be subject to
limitations on legal remedies against municipalities in the State, including a limitation on
enforcement of judgments against funds needed to serve the public welfare and interest.
Finally, enforceability of the rights and remedies of the Owners of the Bonds,
and the obligations incurred by the City, may become subject to the following: the Federal
Bankruptcy Code and applicable bankruptcy, insolvency, reorganization, moratorium, or
similar laws relating to or affecting the enforcement of creditor's rights generally, now or
hereafter in effect, usual equity principles which may limit the specific enforcement under
State law of certain remedies; the exercise by the United States of America of the powers
delegated to it by the Constitution, and the reasonable and necessary exercise, in certain
exceptional situations, of the police powers inherent in the sovereignty of the State and its
governmental bodies in the interest of serving a significant and legitimate public purpose.
Bankruptcy Proceedings, or the exercise of powers by the federal or state government, if
initiated, would subject the Owners of the Bonds to judicial discretion and interpretation of
their rights in bankruptcy or otherwise, and consequently may entail risks of delay, limitation,
or modification of their rights.
~ Cœditioos in California
Since the start of the 1990-91 fiscal year, the State has faced serious economic,
fiscal and budget conditions. The State Department of Finance stated in 1993 that recovery
from the recession in California was not expected in meaningful terms until late 1993 or
1994, notwithstanding signs of recovery elsewhere in the nation.
The recession has seriously affected State tax revenues and has caused
increased expenditures for health and welfare programs. The State has also been facing a
structural imbalance in its budget with the largest programs supported by the State's General
Fund _ K-12 schools and community colleges, health and welfare, and corrections - growing
at rates higher than the growth rates for the principal revenue sources of the State's General
Fund. As a result, the State has experienced recurring budget deficits.
The 1993-94 Budget Act, signed by the Governor on June 30, 1993, among
other things, shifts $2.6 billion in property taxes from cities, counties, special districts and
redevelopment agencies to school and community college districts in order to make up for
reductions in State funding for schools. This shift in property tax revenue will adversely
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affect the ability of counties, cities, special districts and redevelopment agencies to fund other
local programs currently funded with property tax revenues. This shift is expected to result
in a reduction of City property tax revenue in the amount of $540,000.
The City has considered the economic conditions as they exist and, in light of
all the conditions as they exist and based upon reasonable projections of revenues and
expenses over time, the City believes that it will be able to make principal and interest
payments as and when they come due on the Bonds.
THE CITY
The City is located on San Diego Bay in Southern California, 8 miles south of
San Diego and 7 miles north of the Mexico border, in the area generally known as 'South
Bay.' City limits cover approximately 33 square miles. The City was incorporated
March 17, 1911, and became a chartered city in 1949. With a 1993 certified population of
146,400, Chula Vista is the second largest city in San Diego County.
Municipal Government
The City is a charter city with a council-manager form of government. A
four-member city council is elected at large for four-year alternating terms at elections held
every two years. The mayor is the presiding officer of the council and also is elected to
serve a four-year term. The city manager, appointed by the council for an indeterminate
term, acts as chief executive officer in carrying out council policies.
The City has approximately 750 full-time employees. City services include
police and fire protection, public works, parks and recreation, and community development.
The City has a class 3 fire rating.
Climate
The City has mild summers with a mean temperature for the month of July of
72 degrees and moderate winters with an average winter temperature of 65 degrees. The
relative humidity averages 62 percent. Average rainfall, which occurs generally in the period
between November and April, is less than 9 inches.
Population
As of January 1, 1993, the City's population was at 146,400 according to the
State Department of Finance. The following is a tabulation of population data for the City.
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CITY POPULATION DATA
Calendar
Yar Population % Chanie
1950 16,505 --
1960 42,031 154.7%
1970 67,901 61.5
1980 82,200 21.1
1990 133,665 62.6
1991 138,092 3.3
1992 142,200 3.0
1993 146,400 3.0
Source: U.S. Census; California Department of Finance.
Public Employees Retimnent System
PERS is an agent mu1tiple-emp1oyer public employee retirement system that
acts as a common investment and administrative agent of member agencies which include the
State of California and more than 1200 public agencies that contract for membership in
PERS.
California statutes authorize PERS to invest in stocks, bonds, mortgages, real-
estate and other investments. As of June 30, 1992, PERS reported total Investments (at book
value) of approximately $59.8 billion.
PERS uses the "Entry Age Normal Cost Method" for its actuarial
determination of member agency contribution requirements. This method is a projected
benefit cost method which takes into account those benefits that are expected to be earned in
the future as well as those already accrued. According to this method, the normal cost for an
employee (of a member agency) is the level amount which would fund the employee's
projected pension benefit if it were paid annually from the date of employment until
retirement. Thi.s cost is collected by PERS as a level percentage of the member agency's
retirement. This cost is collected by PERS as a level percentage of the member agency's
payroll, through actuarially determined contribution rates which are applied against payroll to
determine the member agencies contribution amount. PERS also uses this level percentage of
payroll method to amortize any unfunded actuarial liability (UAL) of the member agency over
amortization periods that vary by member agency but are no longer than 40 years.
City UAL Contributions to PERS
As of June 30, 1992, (the date of PERS latest actuarial valuation) the City's
UAL Balance for its Miscellaneous and Safety employee groups totals $16,049,201. Pursuant
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to the City's contract with PERS, this balance is to be amortized through the year 2Gll. To
effect this amortization, PERS has established specific UAL conbibution rates of 1.543% for
Miscellaneous and 7.586% for Safety. These rates are applied against the City's payroll to
determine the bi-weekly conbibution amount paid to PERS (the "UAL Conbibution"). PERS
calculates its member agencies contribution rates using an actuarial interest rate of 8.75 %.
The City intends to satisfy its UAL obligation to PERS with the proceeds of
the Bonds. Upon payment of the City's UAL balance, the City's UAL Contributions to
PERS will cease and, in effect, be substituted by debt service on the Bonds. This is expected
to result in an annual savings to the City over the life of the Bonds.
The City's financial statements (Appendix ) provide additional
information regarding the City's participation in the PERS and the determination of its
"pension benefit obligation" which is the standardized disclosure measure used by
governmental entities for financial reporting purposes.
City Self-Insurance Program
The City self-insures claims and judgments for public liability, workers'
compensation, and unemployment insurance and has excess insurance coverage as follows:
Excess Coverage per
Self-Insured Occurrence Over
Per Occurrence Insurance Retention
Public liability $250,000 $10,000,000
Workers' compensation $250,000 (excess to the statutory limit)
Unemployment claim Full amount of benefits None
The City is a member of the San Diego County Cities Risk Management
Authority, a California Joint Exercise of Powers Authority. Begun in 1982, the Risk
Management Authority was formed for the purpose of assisting members in insuring against
various liabilities. The Agreement creating the Authority was amended in early 1986 to
provide for risk pooling of genera1liability insurance coverage by participating cities in San
Diego County. As a member, the City has agreed to pay annual premiums and to assume the
initial $250,000 per occurrence of liability ("self-insured retention"). For liability above such
. amount, the City may draw against the funds of the Risk Management Authority up to the
amount of $5,000,000.
The City has entered into contracts with servicing agents who administer the
public liability and workers' compensation claims program.
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At June 30, 1993, the following amounts have been accumulated and are
restricted for use pursuant to the self-insurance program initiated by the City.
Workers Public Unemployment
Comœnsation T .i~hili~ Insurance Imal
Cash and Investments $548.488 $947.909 $421.785 $1.918.182
Accrued Interest
and other receivable m J.W ~ ~
Reserve for Self-Insurance $æJ1Q $~ sm.m $~
Source: City of Chula Vista Risk Manager, [and City of Chula Vista General Purpose
Financial Statement and Independent Auditor's Report for year ended June 30, 1993, audited
by Deloitte & Touche, San Diego, California,]
þ.,.............. Valuation
Shown below is a five-year table of secured assessed valuation for the City.
CITY OF CHULA VISTA
þ.,............. ValualÏon History
(m thousands)
Fiscal State
fia!: Secured Unsecured Assessed Imal
1989-90 4,129,193 188,023 8,196 4,325,412
1990-91 4,674,792 204,677 8,310 4,887,779
1991-92 5,101,401 214,820 22,452 5,338,673
1992-93 5,516,129 218,295 16,982 5,751,406
1993-94 5,804,900 239,563 16,709 6,061,172
Source: San Diego County Assessor's Office.
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Tax Delinquencies
CITY OF CHULA VISTA
SECURED PROPERTY TAX LBVIES AND DEUNQUENCIES
FISCAL YEARS 1989-90 THROUGH 1992-93
Delinquencies as
Year Ending Secured Tax of June 30
June 30 l&n Amount Percent
1990 7,145,026 227,993 3.19%
1991 7,690,952 343,494 4.47%
1992 8,311,876 408,060 4.90%
1993 8,224,346 419,440 5.01%
Source: Office of the Auditor-Controller, Property Tax Services, San
Diego County.
Bonded Debt
A schedule of the City's direct and overlapping debt as of November 15, 1993
is shown following.
CITY OF CHULA VISTA
1993-94 Assessed Valuation: $5,586,562,078 (after deducting $313,649,230 redevelopment
incremental valuation)
DIRECT AND OVERLAPPING BONDED DEBT: % ApJIlicable(1) Debt 11/15/93
San Diego CoWlty Bui1diog Authorities 4.101 $ 14.093,620
San Diego County Superintendent of Schools Boods of Participation 4.101 16.978
San Diego County Water Authority 4.255 589,743
Metropolitan Water District 0.676 4,517.438
Sweetwater Union High School District Boods of Participation 52.021 4.655,880
Sweetwater Union High School District Community FlCiIities Districts 75.498-100 24.482.442
ChuIa Vista City School District Boods of Participation 78.616 12.720.069
National School District Boods of Participation 3.082 1,820
City of ChuIa Vista 100. lSO.000
City of ChuIa Vista Boods of Participation 100. 16,605,000(2)
City of ChuIa Vista 1915 Act Bonds 100. 64,900.000
San Diego Unified Port District 7.528 162.605
Otay Municipal Water District, J.D. #22 100. 1,660.000
Otay Municipal Water District. J.D. #27 100. 11.500.000
TOTAL GROSS DIRECT AND OVERLAPPING BONDED DEBT $156,055,595(3)
Less: San Diego Unified Port District 162.605
TOTAL NET DIRECT AND OVERLAPPING BONDED DEBT $155,892.990
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(1) Based on 1992-93 ratios.
(2) Excludes certificates of participation to be sold.
(3) Excludes tax IIId revenue anticipation notes. rev...ue. mortgage revenue
IIId tax allocation bonds IIId non-bonded C8pitallease obligations.
Ratios to 1993-94 Assessed Valuation:
Direct Debt ($ 16,755 ,<XXJ) ...............................0.30%
Total Gross Debt ..................................... 2.79%
Total Net Debt ...................................... 2.79%
STATE SCHOOL BUILDING AID REPAYABLE AS OF 6/30/93: $0
Source: California Municipal Statistics
Fund Ro.l"nœs; Geoeral Fund Revenues; F.1rpenðituIes and Transfers
A five-year summary of the City's General Fund revenues, expenditures and transfers,
as reported by the City's Director of Finance, is presented in the following table. (Figures in
this summary vary from those set forth in the Independent Auditor's Report for the year
ended June 30, 1992 audited by Deloitte & Touche, Certified Public Accountants, of San
Diego, California, due to differences in accounting presentation.)
CTIY OF CHULA VISTA
SUMMARY OF GENERAL FUND REVENUFSlEXPENDITURFSfI'RANSFERS
FISCAL YEARS ENDING JUNE 30,
CATEGORY ill2 .l22Q .l22l .l222 l22J!
REVE.NUFS
Property Taxes $7,077,352 $7,975,193 $8,653,566 $9,034,135 $8,587,048
Sales Tax 10,518,772 10,913,588 11,808,279 11,679,477 11,473,867
Utility Users Tax 2,538,773 2,550,051 2,628,420 2,682,577 2,740,462
Property Transfer 372,359 307,613 251,492 236,686 253,434
Trans. Occup. Tax 1,207,756 1,197,988 1,185,489 1,181,074 1,078,914
Business Licenses 381,519 377,366 652,739 797,228 794,052
Franchise Taxes 1,506,317 1,532,049 1,664,911 1,898,299 1,906,398
License & Permit 1,470,023 1,421,031 1,383,091 . 1,240,233 906,643
Fine, Forfeitures & 184,895 215,949 247,443 206,702 244,955
Penalties
Revenue from other
Agencies 7,489,617 8,603,342 11,168,661 11,739,214 11,988,420
Revenue from Use of
Money & Prop 504,659 1,068,576 914,113 847,143 956,917
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Charges for Current
Services 2,131,755 2,691,440 2,721,979 2,326,855 2,329,602
Miscellaneous 454.410 595.015 1.512.279 2.558.943 4.501.152
TOTAL
REVENUES $35.838.207 $39.449.202 $44.792.462 $46.428.566 $47.761.864
EXPENDITURES
General Government $7,727,820 $7,537,083 $10,416,102 $11,151,651 $11,504,973
Public Safety 16,499,574 18,558,229 20,542,294 21,945,399 22,494,195
Public Works 6,974,016 8,731,150 8,775,043 10,222,931 10,628,487
Parks & Recreation 3,214,492 3,474,964 3,875,140 4,375,571 4,482,410
Public Library 2,204,226 2,473,886 2,627,586 2,970,235 2,991,858
TOTAL
EXPENDITURES $36.620.128 $40.775.312 $46.236.165 $50.665.787 $52.101.923
Revenues Over (Under)
Expenditures ($781,921) ($1,326,110) ($1,443,703) ($4,237,221) ($4,340,059)
Interfund Transfers 2.012.463 2.143.808 3.253.528 4.195.987 5.021.608
Revenue & Trans.
Over (Under) Expend $1,230,542 $817,698 $1,809,825 ($41,234) $681,549
Beginning Fund Equity9.457.062 10.687.604 11.505.302 13.315.127 13.273.893
Ending Fund Equity $10,687,604 $11,505,302 $13,315,127 $13,273,893 $13,955,442
Reserved Balance 3.796.115 4.293.616 4.380.492 4.393.167 4.655.727
UNRESERVED
BALANCE $6.891.489 $7.211.686 $8.934.635 $8.880.726 $9.299.715
*1993 figures are unaudited. All other figures are derived from audited financial statements
of the City.
Employment and Industry
The ten largest employers in the City as of the date hereof and the number of
employees they employ in the City are shown below.
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CITY OF CHULA VISTA
MAJOR EMPLOYERS - 1993
~ Number of Employees
Rohr Industries 4,467
City of Chula Vista 750
Scripp's Memorial Hospital 744
Community Hospital 613
American Fashion 420
Price Club 325
Sears Roebuck 320
Nellcor Inc. 300
Vons (5 locations) 264
Target Stores (2 locations) 257
United Parcel Service 250
Source: City of Chula Vista
The City is included in the San Diego Metropolitan Statistical Area, which includes all
of San Diego County. Set forth below is data from 1988 to 1992, reflecting the County's
annual average civilian labor force, employment and unemployment.
SAN DIEGO COUNTY
CIVllJAN LABOR FORCE EMPLOYMENT AND UNEMPLOYMENT
.l2.8.a .l2.82 .l22Q .l221 .l221(3)
County of San Diego
Civilian Labor Force (1) 1.174,600 1,176,200 1.198.400
Employment 1.078,400 1,125,900 1,122,900 1,104,100 1,109,900
Unemployment 47,900 46.200 51,700 72,100 88,500
Unemployment Rate (2) 4.3% 3.9% 4.4% 6.1% 7.4%
State of California
Unemployment Rate: 5.3% 5.1% 5.6% 7.5% 9,1%
(1) Labor force by place of residence. Employment includes self-employed persons and
persons involved in labor-management trade disputes.
(2) The unemployment rate is computed from unrounded data; it may differ from rates
using the rounded figures in this table.
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(3) Preliminary, subject to revision.
Source: California Employment Development Department.
SAN DIEGO METROPOIJTAN AREA
WAGE AND SALARY EMPLOYMENT
1988-1992
Annual Average
1988 1989 1990 1991 1992
Total All Industries 928,700 975,900 1,003,200 984,700 955,700
Agriculture, Forestry and
Fisheries 12,100 11 ,300 10,800 10,400 10,700
Nonagricultural Industries 916,600 964,600 992,500 974,300 945,000
Mining -800 800 700 600 500
Construction 57,400 63,800 59,800 50,400 43,300
Manufacturing 130,100 135,400 137,800 134,700 124,000
Nondurable goods 25,700 27,000 26,800 29,300 30,200
Durable goods 104,500 108,400 109,000 105,400 93,800
Transportation, Public
Utilities 35,100 35,800 37,200 36,800 34,700
Trade 223,000 233,700 238,600 230,800 219,700
Wholesale 41,000 42,800 44,500 42,300 42,600
Retail 181,900 190,800 194,100 188,500 177,100
Finance, Insurance, Real
Estate 65,000 66,500 66,400 64,300 60,900
Services 242,500 259,500 274,700 277 ,300 282,800
Government 162,800 169,300 177,400 179,500 179,100
Federal 45,300 47,400 49,200 47,700 45,300
State & Local 117,600 121,900 128,200 131,800 133,800
Notes:
Employment reported by place of work. Does not include proprietors, self-employed
or persons involved in labor-management trade disputes.
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._ _. ~_ __ __ "._....___. ·...___w._._,.._. ..___...." _.~.___.__".._~_._____..____._
Detail may not add to total due to independent rounding.
Source: California Employment Development Department.
Commeroe
The following shows the five-year record of taxable transactions of the City as
provided by the California State Board of Equalization.
CITY OF CHULA VISTA
TAXABLE TRANSACTIONS
(m OOO's)
~ .1.282 .122Q .l22.l 1m
Retail Stores:
Apparel stores $39,272 $46,302 $48,659 $49,899 $52,697
General merchandise 225,442 246,401 240,310 241,079 250,365
Drug stores 19,770 21,440 22,334 23,852 25,396
Food stores 67,953 78,154 79,792 87,009 90,217
Packaged liquor stores 4,958 4,753 4,753 5,553 7,087
Eating and drinking
establishments 97,644 104,999 109,390 111,400 113,638
Home furnishing and
appliances 50,037 53,906 55,672 50,939 51,072
Building materials
and farm implements 78,768 82,461 85,964 71,210 71,513
Auto dealers and
supplies 60,913 69,487 81,968 75,081 71,636
Service stations 73,834 80,515 85,989 81,375 88,508
Other retail stores 74.091 84.211 88.291 89.179 .113
Total retail stores $792,682 $872,629 $903,122 $886,576 $911,242
All other outlets
Transactions 5909.357 51.014.259 51.049.062 $1.028.109 $1.039.077
Source: California State Board of Equalization
Cœstruction
A five-year summary of the number and value of building permits issued in the City is
shown in the following tabulation:
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CITY OF CHULA VISTA
BUilDING PERMITS AND VALUATION
Calendar Building Permits
Ym IS~I1M Valuation
1989 2,403 $215,623,342
1990 1,950 140,231,787
1991 2,046 181,337,160
1992 1,920 116,233,880
1993 2,941 114,475,215
The following tabulation shows the segregated valuation of building permits issued by
the Department of Building and Housing of the City during 1992:
CITY OF CHULA VISTA
1993 SEGREGATED BUilDING-PERMIT VALUATION
New Residential $ 60,967,687
New Industrial/Commercial 28,750,743
Additions/ Alterations/Conversions 20,793,194
Other 3,963,591
Total Valuation $114,475,215
Source: City of Chula Vista Department of Building and Housing.
Education
Public educational instruction from kindergarten through high school is provided by
the Chula Vista Elementary School District and Sweetwater Union High School District.
These districts administer twenty-six elementary schools, nine junior high schools and eight
senior high schools. Southwestern College, a two year Community College, has an
enrollment of more than 15,000. There are also four adult education schools and twelve
private schools. There are some seven universities or colleges within 30 minutes commuting
distance from Chula Vista in the San Diego Metropolitan Area. The City and Baldwin Vista
Company have proposed a University of California campus in Chula Vista, to be located on a
400 acre site adjoining the Olympic Training Center.
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Community Facilities
There are two acute-care hospitals, two psychiatric hospitals and three convalescent
hospitals, and more than 400 medical doctors and allied professionals in Chula Vista.
Community Hospital of Chula Vista is developing a 30 acre medical campus, which will
include a 131-bed hospital, 24 hour emergency service and the South Bay's only helicopter
landing pad.
There are two daily, one weekly and one semi-weekly newspapers published and
circulated in the City. The City has one main public library and two branch libraries.
Recreational facilities within or near the City include twenty-four parks, four
community centers, six "tot lots," two balIfields, twenty-eight tennis courts, three (two
private) golf courses, four municipal swimming pools, two gymnasium and boat launching
facilities. The City bayfront area contains a marina which houses 552 boats and miles of
public beaches. The City also provides many trails for bicycling, hiking and jogging.
The City will also be the home of the United States Olympic Training Center. This is
the third such training center in the nation and the only year round training facility. The
center will be located on a ISO-acre site donated by Eastlake Development Company adjacent
to the Otay Lake reservoir. Ground breaking for the center took place in the summer of
1990 and the first phase is expected to be complete in 1994.
The City has sixty churches and nearly 100 service, fraternal and civic organizations.
Transportation
U.S. Highways 5 (along the coast) and 805 (in land) provide full freeway access from
the City north of San Diego and south to the Mexican border. Commuter rail service is
provided by the San Diego Trolley, a light rail system started in 1981 and eleven bus routes
covering the City.
Daily bus connections serve the City, and Southern Pacific Railway and San Diego's
Lindbergh International Airport are fifteen minutes to the north of the City.
Utilities
Electric power and natural gas are provided by San Diego Gas and Electric Company.
Pacific Bell Telephone Company serves the area. Otay Water District and Sweetwater Water
District provide water service and the City provides sewer service.
TAX MATTERS
In the opinion of Jones Hall Hill & White, A Professional Law Corporation, San
Francisco, California, INTEREST ON TIlE BONDS IS NOT EXCLUDABLE FROM
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GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES. Bond Counsel is further of
the opinion that under existing law, interest on the Bonds is exempt from State of California
personal income taxes.
APPROVAL OF LEGAUTY
Validation Prooee!Iillg."
On January 13, 1994, the City acting pursuant to the provisions of Sections 860 s=1
.KQ. of the California Code of Civil Procedure, filed a complaint in the Superior Court of the
State of California for the County of San Diego seeking judicial validation of the transactions
relating to the issuance of the Debenture and the Bonds and certain other matters. On March
4, 1994, the court entered a default judgment to the effect, among other things, that the
Debenture, the Bonds and the Indenture are valid, legal and binding obligations of the City in
accordance with their terms and were and are in conformity with applicable provisions of all
laws. City of Chula Vista VS. All Persons l111erested. etc., Case No. SB2567.
Although the judgment rendered in the validation proceedings is final, California law
permits the court to relieve a party from any judgment taken through such party's "mistakes,
inadvertence, surprise or excusable neglect." In addition, when service of a summons has not
resulted in actual notice to a party in time to defend an action and a default judgment is
entered against such party, such party may make a motion to set aside the default judgment in
order to contest the matter. Under the applicable validation statutes, application for any such
relief must be made within 60 days from the date on which the judgment was entered.
Consequently, it is possible for an interested person to apply to the court to set aside the
default judgment at any time before May 4, 1994. The City cannot predict whether any such
application will be made, or whether the court would exercise its discretion to set aside the
default judgment in the event an application were made within the required time period.
However, the City believes that notification of the validation action was properly given in
accordance with all requirements of law, and that the likelihood of a person having an interest
in the action which would lead such person to contest the judgment within the required time
period, with the result that the judgment were to be reversed, is remote.
Opinions of Counsel
Legal matters incident to the delivery of the Bonds are subject to the approving
opinion of Jones, Hall, Hill & White, Bond Counsel. Certain other matters will be passed
upon for the Underwriters by Gray Cary Ware & Freidenrich, counsel to the Underwriters,
and for the City by the City Attorney.
RATING
Moody's Investors Service ("Moody's") and Standard & Poor's Corporation ("S&P")
have given the Bonds a rating of _ and , respectively. Any explanation of the
432911
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.
significance of such a rating may only be obtained from the rating agency furnishing such
rating. The City furnished to Moody's and S&P certain information and materials concerning
the Bonds and the City. Generally, rating agencies base their ratings on such information and
materials and on investigations, studies and assumptions made by the rating agencies
themselves. There is no assurance that any rating assigned to the Bonds by a rating agency
will be maintained for any given period of time or that it will not be lowered or withdrawn
entirely by such rating agency if in its judgment circumstances so warrant. Neither the City
nor the Underwriters have undertaken any responsibility either to bring to the attention of the
owners of the Bonds any proposed change in or withdrawal of such rating or to oppose any
such proposed revision or withdrawal. Any such downward change in or withdrawal of the
rating may have an adverse effect on the market price of the Bonds.
UNDERWRITING
The Bonds are being purchased by Grigsby Brandford and Co., the Underwriters.
The Underwriters have agreed to purchase the Bonds at par and will receive an underwriting
fee of $ . The Bond Purchase Agreement provides that the Underwriters will
purchase all of the Bonds, if any are purchased. The obligation of the Underwriters to accept
delivery of the Bonds is subject to various conditions contained in the Bond Purchase
Agreement.
The Underwriters intend to offer the Bonds to the public initially at the offering prices
set forth on the cover page of this Official Statement, which may subsequently change without
any requirement of prior notice. The Underwriters reserve the right to offer and sell the
Bonds to certain dealers (including dealers depositing the Bonds into investment trusts) at
prices lower than the public offering prices.
The City has agreed to indemnify the Underwriters against certain liabilities, including
certain liabilities under federal securities law.
NO Ul'IGATION
There is no litigation pending or, to the knowledge of the City, threatened
which seeks to restrain or enjoin the execution or delivery of the Debenture or the delivery or
sale of the Bonds, contests the authority for, or the validity of, the Bonds, contests the
powers of the City to perform its obligations under the Indenture.
MISCIiLLANEOUS
The foregoing and subsequent summaries or descriptions of provisions of the Bonds
and the Indenture and all references to other materials not purporting to be quoted in full, are
only brief outlines of some of the provisions thereof. Reference is made to said documents
for full and complete statements of the provisions of such documents. The appendices
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Ii' J7
attached hereto are a part of this Official Statement. Copies, in reasonable quantity, of the
Indenture may be obtained during the offering period from the Underwriters and thereafter
upon request to the principal corporate trust office of the Trustee.
Any statements made in this Official Statement involving matters of opinion or
estimates, whether or not so expressly stated, are set forth as such and not as representations
of fact, and no representation is made that any of the estimates will be reali7.ed.
The execution and delivery of this Official Statement have been approved by the City.
This Official Statement is not to be construed as a contract or agreement between the City and
the purchasers or owners of any of the Bonds.
INFORMATION
This Official Statement is submitted only in connection with the sale of the
Bonds and may not be reproduced or used in whole or in part for any other purpose. All
estimates, assumptions, statistical information and other statements contained herein, while
taken from sources considered reliable, are not guaranteed by the City. The information
contained herein should not be construed as representing all conditions affecting the City or
the Bonds.
All information contained in this Official Statement pertaining to the City has
been furnished by the City, and the execution and delivery of this Official Statement has been
duly authorized by the City.
CITY OF CHULA VISTA, CALIFORNIA
By: Is!
C!()A)íIU')(!.F NOS. Q4- -ð'l5 046/ 0'17
SfE ./
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COUNCIL AGENDA STATEMENT
Item I 7
Meeting Date 3/22/94
ITEM TITLE: Resolution J'l '1.3 ¥ Increasing the authorization limit from
$150,000 to $320,000 in the original agreement for material testing
services between the City of Chula Vista and Law/Crandall, Inc.
SUBMITTED BY: Director of Public Works f)JV
City Manage~ t~\
REVIEWED BY: (4/5ths Vote: Yes_No X)
On August 4, 1992, the City Council by Resolution 16741 approved an agreement for material
testing services between the City of Chula Vista and Law/Crandall, Inc. Compensation to the
consultant, Law/Crandall, Inc. for services is based upon an hourly rate arrangement. The
agreement contains a $150,000 limitation without further authorization on time and materials
arrangement. The $150,000 limitation is being approached. Staff is requesting and
recommending that the $150,000 "Authorization Limit" be increased so as to provide continued
material testing services by Law/Crandall, Inc.
RECOMMENDATION: That Council approve an amendment to the agreement which increases
the "Authorization Limit" from $150,000 to $320,000.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Associated with the construction of public infrastructure such as sidewalks, streets, sewers,
storm drains, concrete structures, parking lots, etc. there is the need to test materials which are
used for the construction of these facilities to assure that the construction complies with the
City's specifications. Law/Crandall, Inc. has been providing material testing services to the City
since August 1992.
As of February 24, 1994, the City has paid Law/Crandall, Inc. a total of $127,661.22. This
cost represents the cost of materials testing on the construction of 22 separate projects which
includes 19 CIP projects, 2 subdivisions and 1 construction permit. Several major projects are
listed below which show material testing costs to date. A copy of all payments to Law/Crandall,
Inc. is submitted as an attachment to this agenda statement for Council information.
17-/
- --~---~-~--"---"-"--'--"-' ..-.-..-...., .._,-,.._.,,----~~--_..-
Page 2, Item I ")
Meeting Date 3/22/94
Telegraph Canyon Road/Otay Lakes Road, $37,945.00
Phase III
East H Street Reconstruction 14,706.00
Fifth Avenue, Naples to Orange 12,991.00
Broadway, F to I 18,349.00
Broadway, L to Naples 6,845.50
Main Street, Industrial to 1-5 5,355.49
Fourth Avenue, Kittiwake to Del Rey High School 3,428.50
Fourth Avenue and Orange Avenue 6,912.11
Quintard Street Sewer 3,015.50
Industrial Avenue Sewer 8.824.62
$118,372.72
12 Minor Projects 9.288.50
$127,661.22
We still have additional billings coming from Law Crandall, Inc. for services provided on the
Broadway and Fourth Avenue projects. All costs of services provided by Law/Crandall, Inc.
are paid from budgeted CIP projects and developer deposits.
We currently have CIP projects in the stages of design, construction or those which will soon
go to construction. These projects also require material testing services. The estimated cost of
material testing for projects requiring material testing services until June 30, 1995 are listed
below:
Broadway I to L, Design Soil Investigation $10,000
Otay Valley Road Phase I, Construction 98,000
Otay Valley Road Phase II & III, Construction 46,000
Central Basin Storm Drain, Construction 5,000
Broadway I to L, Construction 18,000
FY 93-94 Pavement Overlay Program, Construction 3,600
FY 94-95 Pavement Overlay Program, Construction 3,000
Miscellaneous Minor Projects, Construction 8.739
$192,339
Adding the expenditure to date of $127,661 for materials testing to the estimated cost of
$192,339 for materials testing until June 30, 1995 totals $320,000.
The City's agreement with Law/Crandall, Inc. establishes compensation on an hourly rate
arrangement as stipulated in Exhibit B. Paragraph I1.C.(2) of Exhibit A of the agreement has
a $150,000 limitation ("authorization limit") without further authorization. Staff is requesting
that the authorization limit be increased to $320,000.
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Page 3, Item 17
Meeting Date 3/22/94
Law/Crandall Inc.'s agreement with the City is based upon an authorization limit rather than
upon a completion date of all consultant services. The reason for this is that the design and
construction schedules of the projects drives the time duration that the consultant is needed rather
than the performance of the consultant.
The request for letters of intent for material testing services solicited from various consultants
in April 1992 required the consultants to state their intention to extend the contract on an annual
basis through FY 1994-95. It was, therefore, the intent of the City that once an agreement was
entered into with Law/Crandall, Inc. the agreement could be extended with the consent of the
City and Law/Crandall, Inc.
The estimated cost of $192,339 for additional material testing services may appear high at first
glance but is not inconsistent when considering the size and complexity of these projects nor
when you compare their estimated costs with recent actual costs for similar projects.
The estimated cost of $192,339 is for 6 major projects representing a total estimated construction
cost of $17,400,000 in addition to several minor projects requiring material testing services.
The total estimated fee is 1.1 percent of the estimated construction cost.
The atay Valley Road Project (all phases) is estimated to cost $10,897,000. This project is a
complex project which includes the establishment of a wetlands mitigation area, the removal and
recompaction of alluvial material beneath the road bed, installation of underground utilities,
modifications to the animal shelter, the widening of a bridge across the atay river, installation
of landscaping and irrigation systems, coordination with the new Auto Park, installation of water
facilities, traffic signals and street lights, drainage facilities, construction of retaining walls and
sound walls as well as construction of the sidewalk and pavement. Phase I of this project is
currently under construction with construction of Phase II and III to start in June/July of this
year. It is essential that the City be able to provide the required materials testing services in a
timely manner so as not to cause delays to the contractor nor to the progress and completion of
the project. The estimated cost for materials testing services for atay Valley Road (all phases)
is $144,000 or 84.7 percent of the $170,000 increase in the authorization limit.
The only effect that Council action will have on the agreement between the City and
Law/Crandall, Inc. is to increase the authorized expenditure for materials testing services from
$150,000 to $320,000. All other terms of the agreement stand as approved by the Council on
August 4, 1992 including the schedule of charges as contained in Exhibit B which is included
as an attachment with this agenda statement for Council information.
City staff has received a letter from Law/Crandall, Inc. agreeing to provide material testing
services through fiscal year 1994-95 in accordance with the current schedule of charges as
contained in Exhibit B.
17'3
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Page 4, Item /7
Meeting Date 3/22/94
Continued funding for the material testing services will be obtained from developer inspection
deposits fees and from approved Capital Improvement Program (CIP) funds. There will be no
additional expense to the City's General Fund.
FISCAL IMPACT: This action will increase the authorized total expenditure an additional
$170,000 to $320,000 for this contract. However, there is no cost to the City General fund
because the charges will be paid from developer deposits/fees as approved CIP projects.
DG:KY-013
WPC F:\HOME\ENGINEER\AGENDA\1731.94
17~1
_____u ______.._'_._.,____.__....._.,...,.________.~__._.__.~..'_.__.__.~_.__..
RESOLUTION NO. /70/3'1
RESOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA INCREASING THE AUTHORIZATION LIMIT
FROM $150,000 TO $320,000 IN THE ORIGINAL
AGREEMENT FOR MATERIAL TESTING SERVICES
BETWEEN THE CITY OF CHULA VISTA AND
LAW/CRANDALL, INC.
WHEREAS, on August 4, 1992, the city Council by
Resolution 16741 approved an agreement for material testing
services between the City of Chula vista and Law/Crandall, Inc. ;
and,
WHEREAS, compensation to the consultant, Law/Crandall,
Inc. for services is based upon an hourly rate arrangement and the
agreement contains a $150,000 limitation without further
authorization on time and materials arrangement; and,
WHEREAS, the $150,000 limitation is being approached and
staff is requesting and recommending that the $150,000
"Authorization Limit" be increased to $320,000 so as to provide
continued material testing services by Law/Crandall, Inc.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby authorize an increase in the
"Authorization Limit" from $150,000 to $320,000 in Paragraph 11. C. 2
of Exhibit A to the Original Agreement with Law/Crandal Inc. for
material testing services.
Presented by a~ 0 0=:£
(
John P. Lippitt, Director of Bruce M. , city
Public Works Attorney
c: \ rs\ lawcran
17-5/17- 8'
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·
-, ~ /7
CITY OF CHULA. VISTA
ENGINEERING I CONSTRUCTION
VENDOR: LAWICRANDAU., INCORPORATED
8177 Sky Park Court .
IS8n Diego, Callfomlel2123 FY1112-13
(818) 278-3600 AnoIU1Ion No.: 18741
FAX (818) 278-5300 Dept. / AcIMty: 100 11423
DIRECT PAYMENT RECORD
v.nclor No.: 7_
----------------------------------..--------.....------....-..---..--.....-----------.--------------...--
DATE PAYMENT WORK PROJECT INVOICE ACCOUNT No. AMOUNT RUNNING RUNNING
NUMBER ORDER NUMBER TOTAl TOTAl
PROJECT CON8ULTANT
...........-------..-----.......---------.....---------......---------........-----.....------..-----.---
10/13/82 1 AN-012 T.I.Cyn.Rd. widening 18103 821-8210-5201 ~,2156.50 ~.256.50 ",2SI.50
10113/82 2 1.0-078 Oxford Sf. droInage 38107 1147-11470-01'1108 S501.oo S501.00 ".757.150
10/14/92 3 AX-122 Powment OVeriay FY92 381 08 250-2501-5T821 ~12.oo ~12.oo $4.088.50
10/14/92 4 AX-099 Main Sf. widening 18101 803-8030-STI37B __.00 __.00 $4,437.50
10114/92 8 AX-H6 4111 Ave.DeI Rey H.5. 38106-1. 250-2501-5T808 $2.826.00 $2,826.00 ".883.50
10 KIttiwake Lane
12/10/92 6 1.0-078 Oxford Sf. drainage 38217 1147-11470- 01'11 08 $421.50 $922.50 $7.385.00
12/10/92 7 AX-122 PavemenlOVeriay FY92 38216 250-2501-8T821 ~10.oo $822.00 $7,1188.00
12/18/92 a AX-124 'H' Sf. _gotlon 38218 & 250-2501-8TM303 $10,218.00 $10.218.00 $'7."0.00
38629
~81113 8 AX-119 OrongeAve-MoxILomo 37832 250-2501-5TI33B S984.00 S984.00 118,11II4.00
...,¡23f93 10 1.0-050 51h Ave Improvements 37873 803-8030-5TM308 11,732.50 ".732.50 S20.I28.50
03128/93 11 1.1'1-033 Qulnlard Sf. Sower 37531 & lOO-eooe-SW203 ~.018.50 ~,018.50 123.1142.00
37a74
03103I93 12 AX-I25 Four1h Ave/Olange Ave 2400088 250-2501-5T181 so.OO so.OO 823.1142.00
cancolod (See payment #38)
04/30193 13 AN-012 TeI.Cyn.Rd. widening vertous 821-8210-ST131B S21,012.00 132.268.50 $52,154.00
015124193 14 1.1'1-037 '13' Sf. _ project 2400448 lOO-eooe-SW206 $1.561.00 $1,561.00 t54,245.oo
015124193 18 AX-lIS Four1h Ave/Oronge Ave 2400449 250-250I-STI81 $2.232.11 $2.232.11 $58,477.11
07107/93 18 EY -363 1'101'1 Bulin... 24007888 408-4080-DE883 $72.00 $72.00 $58,5411.11
07/07/13 17 AX-099 MoIn Sf. widening 2400730 803-8030-8T137B so.oo __.00 $58,5411.11
oancoIod (See payment #33)
07/12/83 18 AX-I27 HUltoplEoo1 'H' 51 2400781 250-2501- TF148 so.oo so.OO $58,5411.11
oonooIod (See payment #38)
07/15183 19 AN-012 TeI.Cyn.Rd. widening 11400817 821-821 0-8TI 31B $5,818.00 137.888.50 $82,187.11
07127/13 20 1.0-080 Welton Ave Dratnag. 2400787 1141-11410-01'1110 11.080.00 $1,010.00 $83.257.11
07127/13 21 AR-028 NapIoo Chonnol Project - 104-8040-01'1112 S407.oo $407.00 $83.1184.11
011II2II3 22 AX-099 Main Sf. widening 24008!54 803-8030-STI37B SO.OO $388.00 $83,1184.11
oonooIod (See payment #33)
011II2II3 23 EY -363 RDR Bulin_ 2401030 408-4080-DEl53 moo 1144.00 $83,738.11
08103193 24 AX-11S Four1h AVO/OIange Ave 11400811 250-2501-8T181 SO.OO $2.232.11 $83,738.11
- (Boo payment #38)
-----...............---........------.......................---.--------------.---.---.-.-...-----..------
....: A: LAWCRNDL.WK3 28-Jon-14 PogeNo. 1/2
~l/7
,
-------_._----~_. ...-- - -- ._--.-_.+-_._-_._-"..."..._~--------~._- --.._~~. ._-- ----...--.
·
DEPARTMENT OF PUBLIC WORKS
City of Chula Vista
Engineering / Construction
VENDOR: LAW/CRANDALL, INCORPORATED
8177 Sky Parle Court . FYI892-93
San Diego, California 82123 Raoolu1lon No.: 16741
(818) 278-3600 Dept.1 Activity: 100 11423
FIiX (818) 278-5300 DIRECT PAYMENT RECORD
Vendor No.: 748392
GATE PAYMENT WORK PROJECT INVOICE ACCOUNT No. AMOUNT RUNNING RUNNING
· NUMBER ORDER NUMBER TOTAL TOTAL
PROJECT CONSULTANT
08105193 25 AN-012 TeI.Cyn.Rd. widening 24010025 821-8210-ST131B $68.50 $37,846.00 $83,784.61
08/08/93 26 EV-363 RDR Bu.ln... 2400883 408-4OIO-DE853 $4SO.oo $584.00 $64,244.61
01131193 27 EV -301 Sa~ Creek 2401210 408-4OIO-DES78 $78.00 $78.00 $64,322.61
08102I93 28 AO-080 Welton Ave Drainage 2400481 841-8410-DRI10 $370.50 $1,460.50 $64,683.11
08/28193 29 PC-870 S. D. County Water AUlhorlty 2401458 408-4OIO-DES16 $2SO.oo $2SO.oo $64,843.11
10/18/93 30 AX-069 Broadway, 'F' St. \0 'r St. 2401161 603-603O-ST104 $9,260.00 $9,260.00 $74,203.11
· 11/09/93 31 1iX-079 Broadway, 'L' St \0 Naples St. 2401720 603-6030-ST102 $602.00 $602.00 $74,606.11
2400890
11/09/93 32 1iX-124 E:'H' 5I....on.I-805 \0 Del Ray 2400917 250-2501 -STM303 $4,491.00 $14,706.00 $78,296.11
12108/93 33 1iX-0S9 Me;n St. widening, 1-5 \0 varlou. 603-6030-ST153 $4,987.49 $5,355.49 $84,283.6'
Industrial Blvd.
12108193 34 AO-050 FIftI1 Ave. widening, Nepl.. St varlou. 603-6030-STM306 $11,258.60 $12.891.00 $86,542.10
to Orange Ave.
12108/93 35 1iX-126 Fourth Ave. and Orange Ave. 2400068 & 803-803O-ST161 $783.50 $2,896.61 $86,306.60
2400818
12108/93 38 1iX-127 Duel Left Turn Lan.. @ 24007a1 250-2501-TF148 $299.86 $86,693.60
Hilltop Dr. and East 'H' St 250-2501-TFI49 $68.04 $388.00
12/09/93 37 1iX-116 Fourth Ave. KIttIwake Lane \0 2402020 803-6030-ST506 $125.00 $2,661.00 $86,618.80
Del Ray High School
01/24194 38 1iX-125 Fourth Ave. and Orange Ave. 2402S01 603-803O-ST161 $I,ess.oo $4,660.61 $88,673.60
·
01126/94 39 AR-034 Pa.-IIe! Sewer - Industrial Bi. 2401691 & 600-8008-SW202 $6,824.62 $6,824.62 $107,49a.22
Anlllo Street \0 Palomar Street 2402018
01126/94 40 JO-046 Parking Lot I Church Ava. 2402475 895-8950- RD208 $340.00 $340.00 $107,836.22
Ot/2al94 41 AR-037 'G' 51. __ p<o ect 2401169 8OO-8008-SW206 $2S3.50 . $1,844.60 $108,091.72
01/28194 42 JR-067 Hilltop Parle Improvemenlo 2402t 84 & 6OO-6004-PRI75 ",148.00 $1,148.00 $109,238.72
2402474
02108194 . 43 1iX-116 Fourth Ave, KIttIwake Lane \0 ....,........,. 803-6030-ST506 $m.5O $3,428.60 $110,017.22
Del Ray High School & 2402473
02108194 44 1iX-069 Broadway, 'F' St. to 'I' St. 140teto, 1'01217 603-6030-8T104 $9,089.00 $1 a,348.oo $118,106.22
& 2401457
02J09194 46 1iX-125 Fourth Ave. and Orange Ave. 2402684 603-6030-ST161 $2,081.50 $6,812.11 $121,167.72
02124194 46 EV -301 Sa~ Creek 2402601 408-4010-DES78 $2SO.oo $328.00 $121,417.72
·
02124194 47 1iX-078 Broadway, 'L'IoNapleo 2402044 603-6030-ST102 $6,243.50 $6,846.50 $127,661-22
& 2402217
48
49
50
RIa: A: LAWCRNDL.WK3 01-Mer-84 Page No. 1~ J7~~
· ~2.
,'. .
,
~
.
Agreement between
City of Chula Vista
and
Law crandall, Inc
for
Material Testing Services
This agreement ("Agreement"), dated Auqust 4, 1992 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("city"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit Ar paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas, the City desires to have construction material
testing 'in conjunction with various capital improvement projects in
which it engages and in conjunction with specification compliance
on construction projects engaged in by various private parties
which the City is required to review; and,
Whereas, Consultant desires to perform these services for the
City at the price and on the terms herein specified; and,
Whereas, Consul tant warrants and represents that they are
experienced and staffed in a m.anner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
OBLIGATORY PROVISIONS
,
NOW, THEREFORE, BE IT RESOLVED that the city and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the ¡
.\
;B-.:r- 17-' v
/Z. II.. 'ì "t I
~'2.-lcl.
- - -_.._-_....__.,_._._--,~- -,,--- ._-----~---_.._~_._-------
- ~- ~.-
, attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties" , Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
. Schedule", not inconsistent with the General Duties, accprding to,
and within the time frames set forth in Exhibit A, Paragraph Br and
deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
· and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
· of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. . Additional Services
In' addition to performing the Defined Services herein set
forth, City may require Cohsultant to perform additional consulting
services related to the Defined Services ("Additional Services")r
and upon doing so in writingr if they are wi thin the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
· Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
E. Standard of Care
Consultii.nt, in performing any services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently, practicing under
similar conditions and in similar locations.
· F. Insurance
Consultant represents that it and its agents, staff and
crand12.wp Consultant Agreement for Materials Testing i
July 26, 1992 Page 2
~J7~/!J
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and þployer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names city and Applicant as an Additional Insured, and which, in
respect to Consultant's negligence or other willful acts, is
primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same
manner as members of the general public ("Cross-liability
coverage"i.
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
.
'. (1) Certificates of Insurance.
.
Consultant shall demonstrate proof of coverage herein
requiredr prior to the commencement of services required under this
Agreement, by delivery of Certificates of Insurance demonstrating
samer and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross-liability Coverage required under
Consul tant' s" Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
2. Duties of the City
A. Consultation and Cooperation
crand12.wp Consultant Agreement for Materials Testing
July 26, 1992 paqe 3
~ /7-)/
_,_._,_ "'--"'-'-.'_-_'0.,""" .._.__. _".._.._
--
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
· contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph lOr and with the further understanding that de~ay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant'. performance of this agreement.
B. Compensation
· city shall compensate Consultant for all services rendered by
Consultant according to the terms and conditions set forth in
Exhibit A, Paragraph 11 adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate
arrangement, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators" ) indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
· represent them in the routine administration of this agreement.
4. Te;rm.
.
This Agreement shall terminate when the Parties have complied
with all executory provisions hereof.
5. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
· If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer" r Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A,
or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
· any way attempt to use Consultant's pos! tion to influence a
crand12.wp Consultant Agreement for Materials Testing
July 26, 1992 Page 4 ,
~ /7-/..2
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promiseà by this Agreement.
C. Search to Determine Economic Interests.
Regardless of wheth..r Consultant is designateà as an FPPC
Filer, Consultant warrants anà represents that Consu.ltant has
diligently conàucteà a search anà inventory of Consultant's
~~onomic interests, whatsoever in any property which may be the
subject matter of the Defineà Services, or in any property within
2 raàial miles from the exterior bounàaries of any property which
may be the subject matter of the Defineà Services, ("Prohibiteà
Interest"), other than as listeà in Exhibit A, Paragraph 15.
Consultant further warrants anà represents that no promise of
future employment, remuneration, consiàeration, gratuity or other
rewarà or gain has been maàe to Consultant or Consultant Associates
in connection with Consultant I s performance of this Agreement.
Consultant promises to aàvise City of any such promise that may be
maàe during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire
any such Prohibiteà Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement, except with
the written permission of City.
Consultant may not conàuct or solicit any business for any
party tò this Agreement, or for any thirà party which may be in
conflict with Consultant's responsibilities unàer this Agreementr
except with the written permission of City.
6. Hold Harmless
Consultant shall defenà, indemnify anà hold harmless the City,
its electeà anà appointeà officers anà employees, from anà against
all claims for damages, liability, cost anà expense incurreà
(incluàing without limitation reasonable attorneys' fees) arising
out of the negligent conàuct of the Consultant, or any agent or
employee, subcontractors, or others in connection with the
execution of" the work covereà by this Agreement, except only for
those claims arising from the negligence or willful conàuct of the
City, its officers, or employees. Consultant's inàemnif1cation
. shall incluàe any anà all costs, expenses, attorneys' fees anà
liability incurreà by the city, its officers, agents, or employees
in defenàing against such claims, whether the same proceeà to
juàgment or not. Further, Consultant at its own expense shall,
upon written request by the 'City, àefenà any such suit or action
brought against the City, its officers, agents, or employees.
crand12.wp Consultant Agreement for Materials Testing
July 26, 1992 Page 5
~ /7-)3
_____.._._ ·_··__'__,·____·_____________'·_'m_'____~_._...__
Consultants' indemnification of City shall not be limited by any
prior or subsequent declaration by the Consultant.
· 7. Termination of Agreement for Cause
If Consultant shall fail to fulfill in a timely and proper
manner Consultant's obligations under this Agreement, or if
Consultant shall violate any of the covenants, agreements or
stipulations of this Agreement, City shall have the' right to
termi~àte this Agreement by giving written notice to Consultant of
such termination and specifying the effective date thereof at least
five (5) days before the effective date of such termination. In
that .event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by
· Consultant shall, at the option of the City, become the property of
the City, and Consultant shall be entitled to receive just and
equitable compensation· for any work satisfactorily completed on
such documents and other materials up to the effective date of
Notice of Termination, not to exceed the. amounts payable hereunder,
and less any damages caused City by Consultant's breach. Use of
such work documents or materials by the city is at the City's sole
discretion and risk.
8. Termination of Agreement for Convenience of city
city may terminate this Agreement at any time and for any
· reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein due to such
· termination for the convenience of the City. Use of such work
documents or materials by the City is at the City's sole discretion
and risk.
9. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of city, which City
may not unreasonably deny.
·
crand12.wp Consultant Agreement for Materials Testing
July 26, 1992 page 6
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10. OWnership, PUblication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any othe.r materials or
properties produced under this Aqreement (Consultant's Work
Product") shall be the sole and exclusive property of City. No
such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyriqhts or
patent riqhts by Consultant in the United States or in any other
country without the express written consent of City. City shall
have unrestricted authority to pUblish, disclose (except as may be
limited by the provisions of the Public Records Act), distributer
and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials
or properties produced under this Agreement. However, it is
expressly understood and agreed that City's use or re-use of
Consultant's Work Product, except as expressly set forth and agreed
to hereunder (Exhibit A, Paragraph B) is at the City's sole
discretion and risk and without liability to Consultant.
11. Independent Contractor
City is interested only in the results obtained and Consultant
shall conform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
Umi ted to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits.
12. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented
in writinq and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista .,Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in qood
faith with city for the purpose of resolving any dispute over the
terms of this Agreement.
13. Attorney'. rees
crand12.wp Consultant Agreement for Materials Testing
July 26, 1992 Page 7
12 .~ ) 7-¡Ç'
.JP
-- -- -. "-- __ _________ __ __ - __.~.._ _______. __ - - _. _.._____ ______..._ ____..____n____'__, ',_____ _..____.__.__.._..._......._._____..___...._..___._.__ -~_.-
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of
· the claim, including costs and attorney's fees.
14. Statement of Costs
In the event that Consultant prepares a report or do~ument, or
participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
15. Miscellaneous
·
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by city, Consultant
shall have no authority to act as City's agen~ to bind City to any
contractual agreements whatsoever.
.. B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
· or salesperson. otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
· requested, at the addresses identified herein as the places of
business for.. each of the designated parties.
D. Entire Agreement
'l'his Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
·
crand12.wp Consultant Agreement for Materials 'l'esting
July 26, 1992 ~ ~ . Page B
~~ / 7-/1/
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, alld that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement. '
.F. Governinq Law/Venue
'rhis Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[End of page. Next page is signature page.]
.
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crandl2.wp Consultant Agreement for Materials 'resting
July 26, 1992 page 9
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Si9nature Page
to
A9reement between city of Chula Vista and Law Crandall, Inc.
· for Material Testin9 Services
IN WITNESS WHEREOF, City and Consultant have executed this
A9reement thereby indicatin9 that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated: 4" 15 r 19 !ll:... City of Chula Vista
· ~~ /)~d4~
by:
Tim Nader, Mayor
·
Dated:
By
Thomas H. Cha an
Manager, Materials Engineering
· Exhibit List:~o A9reement
(X') Exhibit A.
(X) Exhibit B. :
· crand12.wp Consultant A9reement for Materials Testin9
July 26, 1992 Page 10
~ J 7 -- /~
Exhibit A
to
Agreement between
City of Chula Vista
and
Law Crandall, Inc.
1. Effective Date of Agreement: B/4/92
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State
of California
( ) Redevelopment Agency of the City of Chul a Vista, a political
subdivision of the State of California
( ) Industrial Development Authority of the City of Chula Vista,
a
( ) Other: , a [insert
bus i ness form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula·Yista, CA 91910
4. Consultant: Law Crandall, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partners hi p
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
10037 Barnes Canyon Road, Suite A
San Diego, CA 92121
Voice Phone - 458-9379
Fax Phone - 458-0541
7. General Duties:
Provide material testing and geotechnical engineering services.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
~ /;-)7
-" -_..,_..."--_...._- --- __ _·m'.'_._·___"_..,.~.__ ..__._.... '.___'__.'._.'_."U'_
·
Exhibit A
Page 2
SECTION A. - SOILS TESTING
1. Laboratory Maximum Density tests in accordance with ASTM
D-1557, Me~hod C.
·
2. Density of Soil in Place by the Sand-Cone method in· accordance
with ASTM D-1556.
3. Density of Sol1 and So 11 Aaareaate in Dlace bv the Nuclear
method in accordance with ASTM D-2922.
4. Moi sture content of Soil and Soi 1 Aaareaate in Dl ace bv the
Nuclear method in accordance with ASTM D-3017.
The work shall be paid for on a per test basis which shall include
all costs such as testing, travel time, reports, etc. Tests 3 and 4
· are to be combined and paid for as one test. There wi 11 be a
minimum of 3 tests per trip for any combination of tests 2 or 3 and
4.
SECTION B. - CONCRETE TESTING
1. Comcressive Strenath of Cyl indrical Concrete Scecimens in
accordance with ASTM C-39.
The work shall be paid for on a per test basis which shall include
all costs such as testing, travel time to pick-up samples, reports,
· storing of specimens, furnishing test cylinders, etc.
SECTION C. - BITUMINOUS/ASPHALT CONCRETE TESTING
1. Ouantitative Extraction of Bitumen from Bituminous Pavina
Mixtures in accordance with ASTM D 2172, Method B or California
Test 362.
2. Sieve or Screen Analysis of Fine and Coarse Aaareaates in
accordance ~ith ASTM C 136 or California Test 202.
3. Sand Eauivalent Value of Sol1s and Fine Aaareaate in accordance
with ASTM D 2419 or California Test 217.
·
4. Loss in LA Rattler in accordance with California Test 211.
5. ~ in accordance with California Test 305.
6. Maximum Density Determination of Aschalt Concrete by the Hveen
Method in accordance with ASTM D 1560 and D 1561 or California
Test 304.
·
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Exhibit A
Page 3
7. Theoretical Maxi mum Dens i tv Determi nat i on of ASDha 1 t Concrete
in accordance with ASTM D 2041.
8. Stabilometer Value of Asoha1t Concrete in accordance with
California Test 366.
9. Density of Bituminous Concrete in Place bv Nuclear Method in
accordance with ASTM D 2950.
The work shall be paid for on a per test basis which shall include
all costs such as testing, travel time, reports, etc. There will be
a minimum of 5 tests per trip for test g.
SECTION D. - PLANT INSPECTION
Provide full-time plant inspection of Asphalt Concrete and Portland
Cement Plants to assure proper operation, and proportioning in
accordance wi th requ i rements of project specifi cat ions. Including
certification and reports of monitoring and required corrections and
adjustments. Payment shall be per hour for time spent at the plant.
SECTION E. - "R" VALUE TESTS
"R"existence Value Tests of Soils in accordance with ASTM D-1557
shall be provided on samples of material selected by the City and
pi eked up by the Laboratory at the site. Test results reported
shall include a description of the materials, "R" value containers
shall be supplied by the laboratory.
SECTION F.
Geotechnical/soil engineering services for City projects during
earthwork construction operations necessary to meet finished grades
shown on the ~lans and cross-sections. Consultant to provide
geotechni ca l/soi sengi neeri ng observation duri ng site preparation
for placement of fill and construction of subdrains. The Consultant
shall make recommendations regarding the removal of unsuitable
material for fills and methods of compaction based on previous
sOils/geotechnical investigations and his/her own observations. The
number of such projects will vary from year to year and in scope.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Date for completion of all Consultant services:
~3--- /7'02/
_.__...._._..,-,_..---+.__._--_.__...---_._--_..._-_.~~...---............--.
·
Exhibit A
Page 4
9. Insurance Requirements:
r Statutory Worker's Compensation Insurance
~l Employer's liability Insurance coyerage: $1,000,000.
Commercial General liability Insurance: $1,000,000.
X) Errors and Omissions insurance: None Required
· (included in Commercial General liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not
included in Commercial General liability coverage).
10. Materials Required to be Supplied by City to Consultant:
N/A
11. Compensation:
A. ( ) Single Fixed Fee Arrangement.
· For performance of all of the Defined Services by Consultant IS herein
required, City shall pay a single fixed fee in the amounts and at the times or
milestones or for the Deliverables set forth below:
Single Fixed Fee Amount: , payable as follows:
MilQstone or Event or Ðeliverable Amount or Percent of Fixed Fee
- .
·
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant IS are separately identified below, City shall pay the fixed fee
associated wi th each phase of Servi ces, in the amounts and at the times or
milestones or Deliverables set forth. Consultant shall not commence Services
under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shaU have issued a notice to pr.oceed to Consultant as to said
Phase.
· Phase Fee for Said Phase
,
1. $
2. $
3. $
· ~./7~~;L
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Exhibit A
Page 5
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required,
City shall pay Consultant for the productive hours of time spent by Consultant
in the ~erformance of said Services, at the rates or amounts set forth in the
Rate Schedule attached as Exhibit B according to the following' terms and
conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant will perform all of the Defined Services
herein required of Consultant for S including all
Materials, and other "reimburseables" ("Maximum Compensation").
(2) (X) Limitation without Further Authorization on Time and
·Materials Arrangement
At such time as Consultant sha 11 have incurred time and
material s equal to $150,000.00 ("Authorization Limit"), Consultant
shall not be entitled to any additional compensation without further
authorization issued in writing and approved by the City. Nothing
herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense.
.
'. Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
,.
( ) Hourly rates may increase by 6" for services rendered after
[month], 19 ,if delay in providing services 1s caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the
performance of services herein required, City shall pay Consultant at the
rates or amounts set forth below.
(X) None, the compensation includes all costs.
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Exhibit A
Page 6
13. Contract Administrators:
City: . Dennis Davies
Consultant: Jim Copley
· 14. Statement of Economic Interests, Consultant Report ~ ng Categori es, per
Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC F1l er
( ) Category No. 1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and
· sources of ·income subject to the regulatory, permi t or
licensing authority of the department.
( ) Category No.4, Investments in business entities and sources
of income which engage in land development, construction or the
acquisition or sale of. real property.
( , Category No.5. Investments in business entities and sources
of income of the type which, within the past two years, have
contracted with the City· of Chula Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or
equipment.
·
( ) Category No.6. Investments in business entities and sources
of income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List ·Consultant Associates· interests in real property within
2 radial miles of Project Property, if any:
·
,
WPC 6105E/OO68Y
· ~~ /7/,) t
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JULY 17, 11/92
EXHIBIT B
SCHEDULE OF CHARGES
We fully understand the call·out time as presented in Seetinn III. RC\luircments and
Authoritv of the City of Chula Vista. and the reporting time for Ikld and labortltory test
results.
MATERIAL TESTING SERVICES FEES
Section A .. Soil Tcstin£!
]. Labmatory maximum density
ASTM 0-]557 (each) ...............,...................... $95
2. Density of soil in place by the sand cone method
ASTM 0-1556 (per hnur. 2·hour minimum per call out) . , .... . . .. ., 39
3, Density of soil and aggregate in place by nuclear mcthod
ASTM 0-2922 (per hour. 2-hour minimum per call out) ............ 39
4. Moisture Content of soil and aggregate in place by nuclear method
ASTM 0·3017 (each) .............,.......,...,.....,. No charge
5. Material Sampling
. ASTM 0-75 (per hour, 2-hour minimum per call out) ..........",. 36
- .
Section B .. Concrete Testin~
]. -Compressive strength of cylindrical concrete specimens
ASTM C-39 (3 cylinders per set) ..,.............,..,.......... 36
2. Sampling and molding cylindrical conercte specimens
ASTM C·I72 and ASTM C-31 (per hour. 2·hnur minimum per call out) 36
3, Pick up concrete specimens
ASTM C-31 per trip ........................,............... 30
Section C - Bituminous/Asnhalt Concrete Testing
1. Quantitative extraction of bitumen from bituminous paving mixtures
ASTM 0·2172 "6" or CAL Test 362 (each) ...................... 50
2, Sieve analysis of fine and coarse aggregate
ASTM C·]36 or CAL Test 202 (each) .......................... SO
'B---~ "i7"'lŠ Ii
.
...._.._.._..~....._.._,,_._---_.._.._..__.__..._.__.._-~~--.--
JULY 17, 1992
· .EXHIBIT &(C()nt\J)
.
3. SlInd cquivalent valuc
ASTM D-241\1 or CAL Tcst 217 (l'¡¡ch) . . . . . . . . . . . . . . . . , . . . , , . ., 50
4. Loss in LA Rllttler
CAL Test 211 (cllch) ................................,..... 110
S. Swcll
CAL Test 305 (C<lch) .."........,..,.,.. ',' , , . . . . . . . . . . . . . .. 50
· 6. Maximum density detcrmination of Asphlllt Cl1nerele (AC) by the Hveell1
Method .
ASTM D-1560, D-1561. or CAL Tcst 304 (each) .................. 60
7. Theoretical maximum density determination of AC
ASTM D-204] (avera¡;e of threc) (cach) .........,..........,... 60
8. Stahilol11cter value of asphalt concrete
CAL Test 366 (each) , . . . . . . . , . , . , , . . . , . . . . . . . , . . . . . . , . . . . .. \10
9. Density l)f bituminous concrete in place by nuclellr method
· ASTM D-2950 (per Iwur, 2-hour minimum per eall out) . . . . , . . . . . .. 39
10. Material sampling (per hour, 2-hour minimum per call out) . , . . . . . . . . . .. 36
PROFESSIONAL AND TECHNICAL STAFF FEES
Section D - Plant Insnection
· Materials Technician (per hour) .............,..,................ $39
Section E· "R" Value Tests
R·Values
CAL Test 301 .............,..,...........,.................. 135
(¿¡jch. includes 2·hour sampling time and mileage)
SectionF . Gcotechnieal/Soil En~inccrin¡! Services
· Staff Geotechnical Engineer or Geologist (per hour) ..."..,.......... 60
Project Geotechnical Engineer or Geologist (per hour) ......,....,..., 70
Senior Geotechnical Engineer or Geologist (per hour) . . , . , _ . . . . . . _ , . ,. 85
~~ J7~.2? II
·
JULY 17, 1992
.
EXHIBIT B
(Cont"lI)
Section G . Consulting Scrvices
Materials. Tcchnician (pcr ~our) .,......,...,..,.."...,....,',.." 39
Staff Englncer (pcr hour) ..........,......,....,..............., 60
Project Engineer (pcr hour) ....,.............:.,..............., 70
Senior Engineer (pcr hour) . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . , . ., 8S
.
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)3-« /7/;2 ? Ii
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·
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~ yOJLK ~
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~ LAW/CRANDALL, INC.
ENGINEERING AND ENVIRONMENTAL SERVICES
March 9, 1994
Mr. Kenneth 1. Goldkamp, PoE.
Senior Civil En;ineer
Public Works Depanment
Constructlonßnspection
276 Fourth Avenue
Chula Vista, California 91910
Subject: Materials Testing Services Agne_nt
Dear Mr. Goldkamp;
As per our convenation of March 8, 1994, regarding the extension of our Materials Testing Services
Agreement, Law/Crandall, Inc. agrees;
1. That these services be extended through lune, 1995.
2. Authorization limit of the contract fees be increased by $170,000.
3. That the unit cost presented in Exhibit B will be in effect through
lune, 1995.
4. The attached fee schedule effective lune 1993 will be used for items
not covered in Exhibit B.
Law/Crandall appreciates the opportunity to be of service to the City of Chula Vista and looks
forward to continuing to provide you with our services.
Sincerely,
"?
man, RCE 12882
Principal En neer
Manager, Materials En¡ineering
I\GoIdkaIp.1GC11mr
Attachment (1)
LAW/CRANDALL. INC. / 7/;;2;
1t77IKY_ÇT.'SlNDlEGO.CAIIII3 ~
I1l)f7WIOO'FAX'III!7I-13OO ,
IIIfI."CDØœ ð ....
/
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-_J- - _._---~----
· 1& LAW/CRANDALL, INC.
ENGINEERING AND ENVIFlONUENTAL SEFlYICES
SCHEDULE OF CHARGES FOR
CONSTRUCI10N MATERIALS ENGINEERING, TESTING AND INSPECI10N
'lbe fee for our aerviœs will be based OJI the ch::ru¡: JisIed below. AD fee quotations ani applicable for a periocl of 90 days
from the date of the proposal to wbich this ocb ule is attached. . We reaerve the right to mocl~ th_ rates upon 30 daro
advanoc notice. Rates for continuing projects initi.ted in a prior year will be based OJI the ocb ule of chu¡es ourJently m
effect, uoIess other arrangements h.ve beeo made. .
PERSONNEL HOURLY RATES
· Prof.......... SIaIr <""11-, CaIIIa1IaDt, T...hnl.aJ Teeba1oa1SIa1r
Writer)
sutfProfessiOJlal (151) .................. S 78 Specia1 Registered IDspector (427) . . . . . . . . . . . . . . . S 42
Project Professiooal (152) . .. .. . . .. . .. .. ... S 9S Seoior Materials Teclmician . . .. . .. .. . . . . . . . . . . . . S SS
Senior ProfessiooaJ (153) ................. S US Materials Tr"hn;oi." (422) ..................... S 44
Prlocipi! Prcf...iunlÙ (154) ............... S 130 A"';".n~ M.terials Tec1miciao (420) .............. S 38
CliefProfessional (15S) .................. S 150 UItrISODic Tec1mician (426) .. .. .. . .. . .. .. .. .. . .. S SO
ColpOrate Coosu1laDt (156) ............... S 200 Roofing' WatelplOOfing Inspector ............... S 47
Senior Tvh"òo.a] Writer (142) ............. S 100 Laboratory Tec1miciao (43S) .................... S SS
Coring - Concrete. Asphalt (428) .... .. . .. .. .. .. .. S 9S
Word Processor (612) ......................... S SO
Draftsperson (611)......................··..·· S SS
CADD Operator (610) ........................ S 6S
· Tec1micaJ Writer (141) ........................ S 78
'lbese rates apply to regular time and travel time in the continental United States. A. maximum traVel time of eight hOUR will
be charged in any day. A. premium charge. if required in the interest of the project, m.y be charged at 'he above rates for
professiooal penonneJ and at 1,S times the above rates for other personnel. the p....nium charge may apply to time in esCCS'l
of eight houR per weekday and all time 00 Saturdays. Sundays and holidaY" In the evet!t of adverse _ather conditions or
other factoR beyond our control, a standby charge of four houR per ....kd.y may be made for field personnel.
Field seMceS that will require speciaUy trained personnel. because of the presenoc of hazardous m.terial, as defined by the
Hazardous Waste Operations and Emergency Response Act, 29 CFR 1910.120. will have . surcharge imposed. Required levels
c&D penonal protecûon will be surcharged 10% of the above hourly rates. and required levels A. and B persona! protectioo
will be surcharged at 2S% of the above hourly rates.
· &pert witness aervices. including trial preparaûon. depositions. and court appearances will be charged at 1.S times the above . .
rates with a minimum charge of four houR for depositions and court appearances per day.
EQUIPMENT
Com;:".=< Uscge .................................. S 4S~our
Cylinder Pickup ..... SO.30lmile with minimum of . . . . . . .. S 30Iday
P....nger Car - SO.4S/mi1e with minimum of ............. S 15/day
Truck . SO.4Slmile with minimum of .................... S 4S/day
I-Too Truck. SO.60/mi1e with a minimum of ............. $ lOO1d.y
The use of Ipf''''o'm.d equipment, such u a pacbcmeter. manometer. nuclear puge. etc., will be chu¡ec! at an hourly or daily
rate.
· RFTM"RtIRSABLE ITEMS
.Outside terviocs performed by otheR and direct ezpenaes incuned OJI the client', behalf ani charged at L15 times our coat.
Such items include. but ani not limited to, outaide eonsu\taDts and testing laboratories. _tal and operation offield equipment.
DOJI-reuaable equipment, bIueprinting.IOJIg-distaDoc communicationa,subsisteDoc. uanaportation charges. auto rental. freight,
and any specia1 permit and inspection fees.
INSURANCE
LawlCrandaU. Inc.. maintains General Liability Insuranoc for bodily injury and property damage with an Ipg.te limit of .
$1.000,000 per occurtenoc for its own account and will fumiah œrtilicalea of such iosuranoc upon request. In the event the
client cIeIirea additional coverage. _ will, upon the client', written request, obtain ac!c!itioDallnsuranoc at the client'. expense.
LAW/CRANDALL.INC. June 1993
""SIC\' lARK CI.· SIN DIEGO. CAl2123 )7-:-30 ~at1
I1l)m.-·FAX tl1I127I-11OII ~
· ........ 0 San Diego
TESTING UNIT RATES - MATERIALS
COD=1e
· CompreuioD Test, 6112 cyliDder (ASTM 09) ...................................... _. _ . S 13
0 FlemnI Test,6I6x18 (ASTM C78)....................................... -........... 35
0 Compl_on Test, core (excludiD¡ ample ¡neparatkm) ................................... 21
0 CompIelSioD THIS, sbotctele panel COleS
(3 corea per plDel) ....... - . ... . .. . . . . . . . . . . ..... ... . . . . . ... . . . . . . .. .. . . . . . . . . . 185
0 COD=te Mil Desisn or Mil Review
(excludiD¡ lIIIe¡ale tests) ...................................................... 100
Muonry
0 Compression Test, bloek (8z81<16 or lIIIaller) ........................................... 30
· Compression Test, mortar. 2:14 cylinder (UBC) . . . , . .. . .. . . . . . . . . . .. . . . . .. . . .. . . . . . . . . . . . 13
0 Compn:";on TCiI, ~ut (UBC) ... .. . . . , . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . 16
0 Compreøion Tell, COle (excludiD¡ sample preparation) ................................... 21
· Compression Tell. masonry prism (ASTM E447)
(Full Size 8x16x16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
(Half Size 81<1618) ............................................................ 90
0 ConfolDllDce Package ASTM C90 (iDcludiDg all testing
aDd repon. 6 unils) .........,................................................. 315
ReinfolCiD¡ Sleel
0 Temile Tell, #11 bar or lIIIaller . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
#14 or #18 bar (to miDimum requirements only) ..................................... 48
o. Bend Test ..................................................................... 22
Ag¡regate
0 Sieve Analysis (ASTM Cl36):
1. Coane Ag¡regate . .. . . . . . . . . . .. . .. .. .. . . . . . . . .. .. , .. . .. . .. .. .. . .. .. .. .. . .. .. 45
2. Fme A¡gregate (iDcludiDg wash) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 55
0 Specific Gravity:
1. Coarse Ag¡re¡ale (ASTM C127) ............................................... 35
2. FmeAg¡regate (ASTM C128) ................................................. 45
3. Absolption· Coane or FmeAg¡regate .......................................... 20
· CelDness Value (Cal227) ......................................................... 65
0 SlDd Equivalent (CaI 217) .................,....................................... 70
· J>~r.!>-Ji:y T..::t . (C'.aJ 229) per size frac¡;on ...,........................................ lee
0 Soundnea by Sodium Sulfate (ASTM C88) per size fraction...............................· 80
· Los Angeles Rattler (ASTM C131) . . . . . .. . . . .... .. . .. . ... . . . . . . . .. . . .. ... . . . ... . . . . . . 150
0 Orpnic Impurities (ASTM 00) .................................................... 35
0 R Value.......................·····..···..····..···················....·..··· 150
Aaphalt COD=te
· &tnction. 'JD uphalt aDd aare¡ate padalion .......................................... 130
0 Ullit Weight Sample Requirin¡ Compaction (CaI 3(8) .................................... 70·
0 Ullit Weight Compacted Sample or Core (CaI 3(8) ...................................... 45
· Muimum Theoretical Specific Gravity (ASTM D2041). let of 3 ............................. 120
0 Stability Tell- Manball (ASTM D1559). IYC of3................................······ .. 100
0 Alpbalt COD=te Mil Desisn or Mil Review ............................... QuOled 011 Requell
0 Hvecm StabJIometer (CaI 304) ........ . .. . . . . . . . . . . .. . .. . . . . . . ... . . . .. . .. . . . . . . .. . . . 100
June 1993
Mat2
SID Diego
ß·~-3 )?~;? /
J
--- -_.,".-....- "..._____ ._~__~_____ ..___n_____'__.._.___ ___"'.__..__...______
- - -- -~--- -.- ---.- -
71/E ern' CJF CHUU nSTA PARTY DlSCLOSVRJ:; S'1:4.7'EMENT
.
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, an all other
· ·icial bodies. Tbe following information must be disclosed:
-
1. Ust the Dam of all persons having a financial interest in contractor,
subcontractor, m rial supplier.
NONE
.. If any person identified pu uant to (1) above is a corporation 0 artnership, list the names of all
-'
individuals owning more th 10% of the shares in the cor ration or owning any partnership
· interest in the partnership,
~ If any person identified pursuant to (1 above is n-profit organization or a trust, list the names
~.
of any person serving as director of th non- ofit organization or as trustee or beneficiary or
1rustor of the trust.
N/A
·
"- Have you had more than 5250 WOT. of business nsacted with any member of the City staff,
Boards, Commissions, Committee and Council withl the past twelve months? Yes_
No..JΠIf yes, please indicate rson(s):
5. Please identify each and eve person, including any agents, mployees, consultants or independent
contractors who you have signed to represent you before e City in this matter.
James G. Co Ie
a
Thomas H. Cha
·
6. Have you and/or ur officers or agents, in the aggregate, contri ted more than S I ,000 to 11
Council member i the current or preceding election period? Yes _ No...!! If yes, stal~ whkh
Councilmember ):
~ Is defined as: ·,AI. indMdllal,firm, co·pnnnmllip,joinl ''m/llrt, association, social cluh,frat lorganiza/iOll, corporfll;OIl,
('Wilt', flUst. rtel'i,·". S)1ldicntl', IlIis and an)' ollll'r cOlln/)\ ci/)' arid coun",\ ci/)', mUII;cipali/); dislrict iN
or allY OIl," grollP or cOlllbinntion lIctillg as a unil.·
· (='OTE: Allach addition~ll':tges ~s ncccss:t!)')
Dal~: .$ / ~ /9 ""I
Sig ature of contra or/applicant
-. Law/Crandall, Inc.
Manager, Materials Engilleering
I\·:! ·.\DISC"lOSLTXT] /7~32 Print or type n;¡m~ of contraclor/applicanl
9177 ~ky Park Court IH.t" N'" J I ~u '.'1
San D1ego, CA 92123
C-L -
COUNCIL AGENDA STATEMENT Item /8'"
Meeting date 3/22/94
Item Title: Report on $30,000 "Municipal Pollution Prevention Program", in collaboration
with the Environmental Health Coalition, and approve agreement with EHC for
the complete evaluation of the City of Chula Vista's use of toxic materials in
operations/maintenance, and the creation of a pollution prevention plan, and
recommendation of non-structural Best Management Practices with respect to
the "education element" of the City's NPDES permit requirements.
Resolution 17~~porting the Environmental Health Coalition's ongoing
efforts to obtain non-city funding for the continuation of a Municipal Pollution
Prevention Program and related efforts for the City of Chula Vista.
Submitted bv: Barbara Bamberger. Environmental Resource Managér~
John Lippitt, Director of Public Works rµw
Reviewed bv: City ManagerJ~ ~~ (4/5ths Vote: Yes_ No.x)
The Environmental Health Coalition (EHC) is a local nonprofit organization working for toxic use
reduction in the San Diego region. EHC and the City applied to fund a comprehensive watershed
protection and toxic-use reduction program. A grant application requesting $100.000 was submitted
to help the City comply with a portion of the non-structural Best Management Practices (BMP)
requirement of the National Pollution Discharge Elimination System Permit program. This grant was
sent to the EPA and the Jessie Smith Noyes Foundation. The original grant request covered three
areas: a) an evaluation of the City of Chula Vista's toxics and the creation of a pollution prevention
plan, b) an industrial pollution prevention education program and c) development of a "use and
community watershed protection education" program. The EPA did not fund EHC's grant request.
Another foundation did approve the request, but this foundatidn, the Jessie Smith Noyes Foundation,
only approved "Task A" for a total of $30,000. The section funded, called the "Municipal Pollution
Prevention Program", will focus on a City-wide toxics use audit of city services relating to
watershed protection and the development of a non-point source pollution prevention plan for City
operations, in accordance with one element of "nonstructural best management practice"
requirements under the National Pollution Discharge Elimination System permit requirements
(NPDES). The grant to EHC provides a unique opportunity for collaboration between the City and a
nonprofit organization to accomplish a common goal: pollution prevention. The $30,000 is being
applied toward the development of recommendations for non-structural best management practices
relative to toxic use reduction for city operations. City staff has been providing information to and
cooperating with EHC to develop Phase I of the Toxic Audit over the past six months. This report
will provide an update on the details of the Municipal Pollution Prevention Project.
RECOMMENDA TION:
1. Accept staff report, adopt the resolution and approve agreement with EHC.
2. Approve resolution providing additional non-financial support for EHC's ongoing efforts to apply
for grants from a variety of sources to continue funding the development of a toxic audit and
educational program, in conjunction with the City, for the purpose of reducing the use of toxic
materials by the City subject to final council acceptance.
11"/
- __ ___.._...n' "___n._'____ ._...._.._...____.____~.___.____.,___.
Page 2, Item J8"
Meeting Date 3/22/94
BOARDS/COMMISSION RECOMMENDA nONS: N/ A
DISCUSSION:
On March 3, 1993 staff requested support for the Environmental Health Coalition's grant application
for the development of a non-point source pollution reduction program within the City of Chula Vista.
Council Resolution 17030 supported EHC's grant application for an educational program for
prevention of nonpoint source pollution.
Because the final grant was received from the Noyes Foundation, rather than the EPA, staff
recommends that Council affirm its support for the grant by approving the attached agreement. As
explained in the original March 3, 1993 staff report, one element of the grant proposal to the EPA
was the development of a Business Technical Assistance and Pollution Prevention Program, which
included the following item:
"The Business Technical Assistance program's purpose is to reduce non-point source pollution
from Chula Vista Businesses, including the City of Chula Vista's operations. The program
included the following elements:.., To conduct an internal city audit of toxics use and
disposal practices. /I
The Noyes Foundation grant will fund EHC's proposal to develop a draft Pollution Prevention Policy
for City use of toxic materials. If adopted by Council, EHC's proposed policy may become one
element of the City's overall pollution prevention efforts, the end result being a toxics use reduction
ordinance to be developed and brought to Council Council in the summer of 1994. This element
would complement a separate ongoing effort to develop the Stormwater Management and Discharge
Control Ordinance, which is currently being developed jointly by the City's Engineering Division and
City Attorney's office.
The Municipal Pollution Prevention Program could become a model which could be used to assist
cities compelled to comply with the nonstructural best management element under the Federal
Stormwater discharge requirements. The Environmental Health Coalition (EHC) will work
cooperatively with staff to implement a comprehensive program to reduce pollution in municipal
operations. City staff will cooperate with EHC to develop and implement a comprehensive pollution
prevention program for city operations. It is not expected that extensive City staff time will be
required. EHC's proposed program is currently broken into four major components:
. Evaluate the cost-benefit relationship of current city practices, with the goal of identifying
techniques that will result in cost savings to the City through toxic use reduction.
. Identification and analysis of the toxic materials and hazardous wastes used and generated by
the City of Chula Vista.
I ~,. ø2.
.- .--..----------..-.--.----.. --------_._---
Page 3, Item 18"
Meeting Date 3/22/94
. Development of a comprehensive pollution prevention strategy and policy for implementation
by the city, results of which will be distributed in a guidebook as a model for other cites
across the nation.
. Documentation of the success of the City's program, which will be integrated into a guidebook
develped by EHC and distributed by EHC to municipalities and public agencies across the
country .
EHC has been gathering data to develop an analytical review of the toxic materials used within the
City. ERC will then research and recommend alternative materials and practices. To assist in this
effort, the City will provide ERC access to departmental staff knowledgeable about the operations
which currently require use of toxic materials, purchasing and financial information related to toxic
materials, and records documenting the use and disposal of these materials.
OVERVIEW OF PROGRAM
The Municipal Pollution Prevention Program is divided into four phases as follows:
PHASE 1: Audit of toxic materials. EHC will compile a current inventory of toxics used in each
city department. A draft of the audit has been delivered to the City. The audit will be forwarded to
the participating departments for review of accuracy and completion of data gaps. Additional
information and comments with respect to the audit will be delivered to the Environmental Resource
Manager by January 30th.
PHASE 2: Pilot Study. A city facility was selected, the Parkway Recreation Center, to implement
alternatives on a pilot basis. The alternatives will be tried for a 3 month period; the results will be
evaluated at the end of April.
PHASE 3: BMPs. EHC will develop recommended Best Management Practices (BMPs) for city
operations. BMP development will be completed at the end of April.
PHASE 4: Pollution Prevention Policy. The Policy will be developed from tested Best
Management Practices and will be ready to present to the City Council by May 1994.
TECHNICAL ADVISORY COMMITTEE
EHC has developed a technical advisory committee. The committee will oversee EHC's work on the
project and review EHC's conclusions for technical accuracy. The committee includes the following
individuals:
Barbara Bamberger, Environmental Resource Manager, City of Chula Vista
Ruth Heifetz, MD. Occupational health physician, UCSD.
/~'3
..._--_.__.~_._-~-~--_..,---,_._.._-_.
Page 4, Item /lr
Meeting Date 3/22/94
Linda Pratt, Pollution Prevention SpeciaJist, County of San Diego
Ann de Peyster, PhD Professor of Public Health, SDSU
Ken Cohen. Certified Industrial Hygienist.
Ray Palmer, San Diego Unified School District Operations Supervisor.
Fred Cagle, PhD., P.A.
CITY OF CHULA VISTA TOXIC AUDIT
The information below is a synopsis of the Environmental Health Coalition's ongoing audit developed
on behalf of the City of Chula Vista. The Audit has been divided into 3 phases, and a timeline has
been established as follows:
PHASE I - Audit of Toxic Materials (Com Dieted December '93)
Identify and Catalog all toxics used in city operations. Identify and catalog (completed)
all toxics used and wastes generated by the City and develop a pollution
prevention strategy for implementation.
1. Data Collection Process.
EHC has met with staff from city departments to collect lists of toxic materials used in each
department. Information on the quantities used in a year and the annual costs for purchasing the
materials will be obtained from Purchasing. The information will be compiled to provide estimates of
the toxics used and to pinpoint areas or materials that should be given a high priority for making
changes. The following implementation process was used to develop the Audit:
A. Defining decision-making process of purchases
I. Purchasing department. Materials used directly by City employees are ordered by
each department at their own discretion.
2. Contractors. Certain pest control services are provided on a contract basis. EHC
met with the contractor to determine which pesticides are used and for what purposes.
B. Defining Toxics.
The universe of materials that may potentially harm human health or the environment is very
large. To limit the audit to a manageable size and include materials with known health
effects, EHC defined toxics as those materials with known health effects and for which a
Material Safety Data Sheet is required. This includes materials or products recognized by the
federal Occupational Health and Safety Administration (OSHA) as potentially harmful to
workers. Use of this definition also simplifies the data collection process, as this list of
I~,..J..I
. - ...._..__..,,_._-_.~,-~-----,_..--.__...
Page 5, Item I~
Meeting Date 3/22/94
materials can be readily compiled by each department. Having reviewed these lists, EHC
believes no significantly toxic materials are excluded by this method.
C. Liaison Committee.
A key element in the success of this program is the participation and collaboration of
supervisory staff members from each of the affected departments. Both the data collection and
implementation of alternatives depend for their effectiveness on the informed and willing
participation of staff. To help facilitate this process, a staff liaison committee was formed to
oversee and advise the project.
1. One meeting was held on September 10. A second meeting is scheduled for March
1994 prior to the release of the toxic audit. Staff members from the Parks and
Recreation, Public Works, Planning, and Purchasing departments were invited and
attended the meeting. It was agreed that EHC should proceed to contact the
appropriate staff liaison from each affected department to obtain the current lists of
toxic materials. This was completed in November 1993. EHC has worked
continuously on a one-to-one basis with committee staff.
2. Future meetings will be held to review the progress of the audit, to select a location
for the pilot study, to discuss the feasibility of suggested alternatives, and to do trouble-
shooting as needed.
3. EHC reports that cooperation from staff from all departments has been uniformly
excellent to date.
Infonnation obtained for audit reDort
EHC will produce an account of toxics from the following departments: Public Works, Parks
and Recreation, and Fire. To produce this record, Staff furnished the following information to
EHC for the purpose of the audit:
· List of all city facilities - property management of city facilities, as it relates to pest
control, household cleaners, solvents, vehicle maintenance, swimming pool chemicals,
construction and maintenance.
· Purchasing records - the total amount spent yearly on toxics. This includes quantities
and costs.
· Mapping - map all city owned properties and facilities to diagram the city's use of
toxics for the purpose of visually assessing municipal toxic use. This assessment of the
City's utilization of toxic materials and its potential effect on watersheds will be
Iy;f
. _,.._.....,,__,..·_.__,_,._..·_'_.'_n.___._.,_..~,,__~__
Page 6, Item Ie¡'
Meeting Date 3/22/94
included in the report, analyzed, and the results will be used to help determine
measures necessary for further watershed protection.
E. Data-base develooment
EHC has developed a data base for the toxic materials audit and will deliver the data base to the
Environmental Resource Manager. This database will be sortable by a) materials sorted by hazard
class, b) type of material, c) and department.
Phase II & Phase 111- Pilot Studv and Best Mana!!ement Practices Timeline
Identify safer substitutes and procedures to replace currently used taxies. (March - April)
Identify safer substitutes and procedures, where available, to replace the
toxic materials currently in use. A series of best management practices
will be developed in conjunction with department staff.
Pilot Test Program. Develop a cost effective pilot toxics use reduction program, (March - April)
working in coordination with staff and department heads to identify the
most suitable site, concentrating on one specific department or on one particular use
which contributes significantly to environmental pollution. A goal will
be to identify a facility that has multiple toxic material uses and
attempt to make it "toxic-free". Successful completion of this pilot program will
result in duplication in other departments. A site was selected in February.
PHASE IV - Pollution Prevention Policv
Policy Development. The Liaison Committee will coordinate with (June)
EHC to develop a cost-effective pollution prevention policy for
city operations. Modeled after the Integrated Pest Management
Policy developed by EHC and adopted by the San Diego Unified
School District, this policy will require the use of less toxic materials
and the use of non-toxic alternatives, whenever practical, and will
establish a protocol for approval of use of a toxic chemical. The protocol
will be designed to foster communication between various departments
and create a check and balance system for toxic use in city operations.
BENEFITS TO TIlE CITY
The Toxic Use Reduction program will provide benefits in the following areas:
. Economic: The City may recognize a savings due to this program. This may occur as a
result of decreasing the volume of toxic materials purchased and consequently the reduction in
I <g",. ~
---+ . ------" - -_..,...~-_.__._-.._._--.+..__.__._--_...._.._- --- ..
Page 7, Item J~
Meeting Date 3/22/94
amount of hazardous waste generated. A cost comparison will be done of alternative materials
recommended as a result of the audit, which will also take into account in-kind staff time for
helping cataloguing and will be presented to the staff team and to the Council with the
purpose of analyzing the economic impact of an internal pollution prevention policy.
. NPDES StormwaJer Compliance: The Nonstructural Best Management Practices which
will be developed as a part of this program will directly assist the city toward compliance with
the NPDES Storm water Permit regulations. Much of the emphasis for pollution prevention
practices will be on reducing the use of toxic pesticides and herbicides on City grounds. These
types of materials are responsible for contamination of the receiving waters, such as San Diego
Bay. As these Best Management Practices are implemented and the City departments educated.
a reduction in non-point source pollutant in urban runoff from municipal sources will occur.
. A local Model: By participating in this project, the City will establish itself as a model city.
This program should impact pollution prevention activities locally, regionally, and nationally.
It is hoped that the City's proactive work will stimulate local industry to do the same. On a
regional level, the City could take the pollution prevention plan to the San Diego Association
of Governments committees to consider adopting a similar pollution prevention strategy.
Nationally, public agencies will benefit from the guidance and leadership demonstrated by
Chula Vista.
Contract with EHC
The proposed contract for EHC's services requires no city funds, only in-kind services as
compensation, and provides a legal framework to move forward with the purpose of the EHC grant,
under the control of the City. It recognizes their status as an independent contractor.
FISCAL IMPACT:
None other than in-kind staff time contributed to this program, as described in section I(C) on page 4.
Once the policy is developed and brought back to Council, there may be substantial savings or
potential costs as a result of changing to nontoxic substances. Any cost-benefit analysis will be
brought back to Council at the appropriate time. Although staff feels that incurring additional costs is
unlikely as a result of the audit itself, it is possible that the audit may identify unanticipated lower or
higher replacement costs. These costs, once identified, will be brought back to Council for review.
Attached:
March 3rd, 1993 Resolution 17030 NOT SCANNED
Copy of Pilot Project description
Schedule for Toxic Audit NOT SCANNED
Contract
/11'- 'l/If-f
--.~._- ..-...-...----.-. ----..._-~-_..__.._.-
RESOLUTION NO. 17'13.>
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH
ENVIRONMENTAL HEALTH COALITION FOR CONSULTING
SERVICES, AUTHORIZING MAYOR TO EXECUTE SAME,
AND SUPPORTING ENVIRONMENTAL HEALTH
COALITION'S ONGOING EFFORTS TO OBTAIN NON-CITY
FUNDING FOR THE CONTINUATION OF A MUNICIPAL
POLLUTION PREVENTION PROGRAM AND RELATED
EFFORTS FOR THE CITY OF CHULA VISTA
WHEREAS, the Environmental Health Coalition (EHC) is a
local nonprofit organization working for toxic use reduction in the
San Diego region; and,
WHEREAS, EHC and the City applied to fund a comprehensive
watershed protection and toxic-use reduction program; and,
WHEREAS, a grant application requesting $100,000 was
submitted to help the City comply with a portion of the non-
structural Best Management Practices requirement of the National
Pollution Discharge Elimination System Permit program; and,
WHEREAS, the original grant request covered three areas:
(a) an evaluation of the city of Chula vista's toxics and the
creation of a pollution prevention plan (b) an industrial pollution
prevention education program and (c) development of a "use and
community watershed protection education" program; and,
WHEREAS, the EPA did not fund EHC's grant request,
however, the Jessie Smith Noyes Foundation did approve the request,
but only approved "Task A" for a total of $30,000; and,
WHEREAS, the section funded, called the "sustainable
Government and Industry Project" will focus on a City-wide toxics
use audit of city services relating to watershed protection.and the
development of a non-point source pollution prevention plan for
City operations, in accordance with one element of "nonstructural
best management practice" requirements under the National Pollution
Discharge Elimination System permit requirements (NPDES); and,
WHEREAS, the grant to EHC provides a unique opportunity
for collaboration between the city and a nonprofit organization to
accomplish a common goal: pollution prevention; and
WHEREAS, the $30,000 is being applied toward the
development of recommendations for non-structural best management
practices relative to toxic use reduction for City operations.
1
/ <¡', 9
~--_._._.._._._._._-"..~,-_._----,---_.,-----
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula vista does hereby approve the Agreement with
Environmental Health Coalition for Consulting Services, a copy of
which is on file on the office of the City Clerk as Document No._
- (to be completed by the city Clerk in the final document) and
further supports the Environmental Health Coalition's ongoing
efforts to obtain non-city funding for the continuation of a
Municipal Pollution Prevention Program and related efforts for the
city of Chula vista subject to final Council acceptance of same.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vist .
Presented by form by
! YM
I
Barbara Bamberger, Environmental Bruce M.
Resource Manager Attorney
C:\rs\EHC
2
IB';/¿J pr-/I
""_.... ...._~++- __ __.__.~__"m.._..__
RESOLUTION NO. 17030
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA SUPPORTING THE ENVIRONMENTAL HEALTH COALITIION'S
GRANT APPLICATION TO THE EPA'S NEAR COASTAL WATERS
PROGRAM FOR THE DEVELOPMENT OF A NON-POINT SOURCE
POLLUTION REDUCTION PROGRAM WITHIN THE CITY OF CHULA
VISTA¡ ANO COMMITTING TO A 5% MATCH OF THE GRANT, NOT TO
BE MORE THAN $5,000.00, IN THE FORM OF IN-KIND
CONTRIBUTIONS OR EXISTING STORM DRAIN REVENUE FUNDS
WHEREAS, in accordance with Order No. 90-42, NPDES Pennit No. CAIOB75B, the
City is requi red to implement a "Nonstructura 1 Best Management Practi ce (BMP' s)"
program to in order to comply with the National Pollutant Discharge Elimination
System (NPDES) pennit requirements¡ and,
WHEREAS, nonstructural BMP's would include measures or practices the City
may employ that do not i nvo 1 ve capital investment, but emphasi ze po 11 uti on
prevention practices and education¡ and,
WHEREAS, staff's recommendation is a proposal to work, in coordination with
a local nonprofit organization to create an educational nonpoint source control
pollution prevention program for businesses, land owners, and the community at
large.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby support the Environmental Health Coalition's grant application
to the Environmental Protection Agency to create an education program for the
prevention of nonpoint source pollution prevention program within the City of
Chula Vista.
BE IT FURTHER RESOLVED that the City Council does hereby direct the City
Manager to negoti ate and execute an agreement with Envi ronmenta 1 Health Coa 1 i ti on
to obtain a Pollution Prevention Program consistent with their 1993-94 Watershed
Protection Program, conditioned on the EHC's receipt of an EPA Grant in the
approximate amount of $100,000 in exchange for the contribution of up to
$5,000.00 by the City to Environmental Health Coalition in monetary or in-kind
contributions from Stonn Drain fees collected specifically for the purpose of
compliance with NPDES requirements.
Presented by
Q).~-t Bruce M. Boogaard
Barbara Bamberger
Environmental Resource Manager City Attorney
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PHONE NO. : 5855612 MAR. 16.1994 3:08PM P 2
TO :
FROM : E H C 235-13281
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.... Municip~1 PolI~ti9;n ~veDtion Project. . ,.. .,.
Phase U; Best Management Practices
Model Site: Park Way Recreation Park
March 22 - May 11, 1994
Model Site Supervising and Reporting Staff.
·Jim Tollefson, Park Way Reereation'Park Supervisor
I IBarry Edwards, Manuel Solarlo, Frank Alvarado, Public Works (Custodial)
... Jim Davis, Sa! Cuellar, Parks (Landscape)
"'Paul Taylor (Structural Pest eoJ;ltrol)
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TO : PHONE NO, : 5855612 MAR. 17, 1994 1:26PM P 2
FROM : E H C 235-0281
MUDlclpal Poll.Uon Prevent Project (MPYP)
A Project of EDYfron1lH'Jllta1 Health CoalItIon and
the CIty of Chula VIsta, CaIItonda
PIuue ß: Bat Mana¡eDaent P.ractiees
Model Site: Park Way Recreation Center
IlI'rRODUCTIOB
....J'.... ......,.. - ~ '. " "".t..;"
Park Way Recreation Center has been .elected. as the test Bite for .. -
an eight _ek (March 22-Xay 11, 1994) '!'oxics Use Reduction program.
'All toxic chemicals used for cleaning the Park Way recreational
facility, maintaining the park landscape and treating structural
pest control problem. have been audited and eval\U\ted for toxicity.
Based on the audit and use of toxio ohemicals at Park way, Best
Xanageøent Practices (1OO>'s) have been recommended for an eight
-_k trial.
PURPOSB
· Improve quality of life for staff that use toxics at work
· Reduce potential health hazard for public that uses City
facilities
· Field test safer and more economical alternatives to toxic
cleaning and pest control chemicals
· Provide a model to show other cities how to reduce their
environmental illlp4ct and save money
BBI1BFITS
· .~ . Will enhance and publicize environmental efforts, including
reductions in use of toxics, already und.ertakon by City staff
· EHC's services aB consultants are being provided free of
charge to the City
· If implemented on a permanent: basis, toxic use reduction
strategies can savo the City money
· Employees will be able to avoid exposure to noxious 1tIðterials
and may improve their long-te~ health outlook
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PHONE NO. : 5855612 MRR,17.1994 1:23PM P 2
TO :
FROM : E H C 235-1281
PBRSOJD1BL
Following is a list of Bnvironmental Health Coalition (EHC) and
City of Chula Vista personnel whose coopêrative effort will oversee
the eight week pilot project.
· EHe Personnel (Toxios Use Reduction Project Directors) I
Joy Williams 235-0281
Sharon Taylor 235-0281
· City of Chula VJ.st. BnvJ.ro_tal Resources Manager:
Barbara Bamberger 691-5296
Park Wily ReCreà.t1.()ïi.supêXiiÎÎorï~~· '~""'~-' _M....·, ....".......,__ '_" ~.~ . .~.,..,... '_H , '.."'__~" '
.. ·
Jim_To1,leføon69i-sOB4
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· Public Works (Custodial MAintenance);
Barry Edwards 691-5197
Manuel Solario
Frank Alvarado
· Cclmmeroie.l of California (Struotural Pest control contractor) I
,
Paul Taylor 521-0692 .-
· Parks (Landscape MAintenance);
Jim Davis 691-5267
Sal Cuellar 691-5246
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TO : PHONE NO. : 5855612
FROM : E H C 235-0281 MAR. 16. 1994 3:07PM P 1
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Staff c~nt8 Prior To IIPPP Monitoring
COIIIII\IiJnts from Chula vista staff monitoring eight week
implementation of toxics use reduction recommendations.
Recorded during first on-site visit - February 11, 1994.
"Let's hope it works. I'm all for it." . .Manuel solaria
·'I'm proud to try program. Let's give it a shot and see if
alternatives to toxics work." ..JiJII Tollefson
.- "I . want cleaning chemicals to. be. breathable. We are canary's. Keep
the canary's well." . . Frank Alvarado .. , .,
'1 'C "Let's Go For. It." . . Barry Edwards
"We're interested in improving the environment and eliminating all
toxic chemicals possible." . . Jim DaviS
"I'm concerned about employees doing the job but concerned about
the possible harmful effects of toxic chemicals to employees and
the environment. If the program is going to help the city and the
public then let's go for it." ..Sal Cuellar
"I believe chemical treatment should be a last resort especially in
a public facility." . . Paul Taylor '
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Monitorinq Action Record Sheet. Description
The purpose of the Sheet i. to assist the staff in their on-going
evaluation of propoøed alternatives throughout the pilot project,
and to create a record of their evaluations.
The Sheet is to be filled out by the staffperson(s) who directly
uses the alternative product or technique. It should be filled out
each time the alternative is used, daily or weekly for cleaning
chemicals and with each application of a pesticide alternative. The
etaff members are encouraged to note both good and bad responses to
the alternative, BO that we know both how well it works, and how
people tolerate using it.
The Sheets will be used by ERC to ~valuate the success of thf!ipilot
".,·,PX:9J§Q:t. and by Chula.,.VJ.stð'..Ra:l:Jc8.·ðRCi,'·Reoreat.i:on' superv1-sdrs'···and'
staff to decide which alternatives to continue using after the
pilot project. EHC may publish sUIIIIIlations of the results for
sub.equent use by others, but we do not anticipate that the Sheets
themselves will be reproduced~ our expectation 1s that only EliC and
Chula Vista staff will see them.
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MONITÖRING AC'l'ION RECORD SHEE'I'
l'arl( Way Reeniatlou Center February 21 . AllrU is, 1994
V Problem" Graffiti
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Sl'ecmc Anm 011 SUe: ~~..~
Name of Chemh:ai CunenUy Used, Solvent-based graffiti removers
How Fr~q\lent Is Use? 1\15 needed -
)lest M.llIlUFement Practice Recummelldatlou/lll, so-s..1'.. ,,,...<'1 hII' ,.~--.t..
currently or other·Citrus-based graffiti remover
Date Action Taken Evaluation lu1tlalø
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Parties and Recital page(s)
Agreement between
City of Chula vista
and
Environmental Health Coalition
for Consulting Services
This agreement ("Agreement"), dated 3/23/94 for the purposes of
reference only, and effective as of1:he date-last executed unless
another date is otherwise specified in Exhibit A, Paragraph 1 is
between the city-related entity as is indicated on Exhibit A,
paragraph 2, as such ("city"), whose business form is set forth on
Exhibit A, paragraph 3, and the entity indicated on the attached
Exhibit A, paragraph 4, as Consultant, whose business form is set
forth on Exhibit A, paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, paragraph 6
("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, in accordance with the city of Chula vista's NPDES
Permit No. CA108758, the city is required to implement a
"nonstructural Best Management Practice"(BMP'S) program in order
to comply with the National Pollution Discharge Elimination
System permit requirements; and
Whereas, nonstructural BMP's would include measures or
practices the City may employ that do not involve capital
investment, but emphasize pollution prevention practices and
education; and
Whereas, staff is proposing to work, in coordination with a
local nonprofit organization to create an educational nonpoint
source pollution prevention program for city operations; and
Whereas, the City of Chula vista unanimously approved a
resolution on March 9, 1993 to support the Environmental Health
coalition San Diego Bay Watershed Protection Program proposal to
the Environmental Protection Agency and pledged to provide a
matching grant of up to $5,000, if the grant was awarded.
Whereas, the Environmental Health coalition (EHC) has been
working in cooperation with the city of Chula Vista. to prepare
an audit of toxic materials used in city operations; and
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 page 1
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Whereas, the city can benefit from a $30,000 private
foundation grant from the Jessie smith Noyes Foundation given
directly to EHC for City's use of Toxic materials the purpose of
developing an internal audit of all toxic materials used by the
City; and
Whereas, EHC proposes that the Audit will result in
recommendations for alternatives to utilizing toxics in city
operations; and
Whereas, EHC proposes that the city, in conjunction with
EHC, conduct a pilot project using these alternatives at a
selected city facility; and
Whereas, EHC proposes to draft. a comprehensive pollution
prevention policy for the City; and
Whereas, the city supports EHC's ongoing efforts to identify
and apply for funding to continue developing a comprehensive
Pollution Prevention Program and educational toxic reduction
program; and
Whereas, the City and EHC acknowledge that the purpose of
execution of this agreement does not include an assessment of
compliance by the City with applicable laws and regulations; and
Whereas, one of the purposes of this Agreement is for
Consultant to recommend to City ways to go above and beyond the
legal requirements regarding the use of toxic and/or hazardous
materials in the workplace and to discover and implement less
enviornmentally damaging methods of resolving problems for which
toxic and hazardous materials are currently used as solutions.
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 2
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Obligatory provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the city and Consultant
do hereby mutually agree as follows:
L Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
"Rate Schedule" in Exhibit A, Paragraph 11 (C) , unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
D. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
E. Insurance
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 3
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Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the city:
statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry
("Primary coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
Errors and omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and omissions coverage is
included in the General Liability policy.
F. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of certificates of Insurance
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability coverage required
under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
G. Securitv for Performance.
(1) Performance Bond.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 4
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In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or City
Attorney· which amount is indicated in the space adjacent to the
term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a.check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
to the bank a letter, signed by the City Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the city
and to otherwise comply with Title 5 of the Chula vista Municipal
Code.
2. Duties of the City
1- The city Attorney's Office prefers that you obtain approval of
the surety or bank, the form of the security and the amount of the
security from the Risk Manager in the first instance and not the
city Attorney. The city Attorney's office would be available on
such risk issues as an ·alternate only if the Risk Manager is
unavailable and the matter can't wait.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 5
18".2. ')
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A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The city shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B. compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
19 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 6
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The provisions of this section apply if a Liqùidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted·
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the city,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, paragraph 14 ("Liquidated Damages
Rate") .
Time extensions for delays beyond the consultant's control,
other than delays caused by the city, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
city Clerk on the required statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
city Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 7
18".).5
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Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair political
Practices Act, and regulations promulgated thereunder.
F. Specific warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 8
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Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of city.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees)
arising out of the conduct of the consultant, or any agent or
employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers,
agents, or employees in defending against such claims, whether
the same proceed to judgment or not. Further, Consultant at its
own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of city shall
not be limited by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
2pty9.wp standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 9
/8" ~ 7
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greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City
for any additional expenses incurred by the City. Nothing herein
is intended to limit city's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of city
city may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the city,
become city's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of Consultant are personal to the city, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
city hereby consents to .the assignment of the portions of the
Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of city. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United states or in any other country without the express
written consent of City.
Notwithstanding the foregoing, the City hereby expressly
authorizes the Consultant to utilize the materials produced under
this Agreement for the following purposes: to produce a report
for submission to the City of Chula vista which includes results
of the audit and recommendations for policy and procedural
changes; to produce a "municipal pollution prevention guide" to
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 10
J~" ,)., r
.,.-"..- - - -------.-- --- -----.-....--,'-. '__..'_H,'··__._''''
be copyrighted and for national and international marketing and
distribution; and for any of the following purposes, only after
notice to the city and reasonable opportunity for the City to
review the proposed materials and use,. and then after approval by
the city, which approval will not be unreasonably withheld: to
provide consultation to businesses, municipalities and other
entities; to provide information to workers and residents
regarding the specific hazardous materials used by the City of
Chula Vista, upon request; to use as case examples in pollution
prevention education to the public; and to participate separately
or jointly with the City to make presentations to employee
groups, community organizations, the media and others regarding
the findings and implications of this project. In such uses,
Consultant will present the position of the City of Chula vista
in an honest and fair manner as to any points of disagreement
between the recommendations of the Consultant and the adoption of
policy guidelines by the City. Consultant shall provide City
five (5) day's notice of such an event and opportunity to review
any materials proposed to be distributed. If City does not
provide express written approval or disapproval within said five
(5) days, approval shall be deemed to have been given.
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, city will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the city harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by
the city in accordance with the procedures set forth in Chapter
1.34 of the Chula vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 11
1~'-2'7
_...,~.,_., ___.__._ - _..____.___·__0____··_·_ ______
upon request by city, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute
over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall hav~ no authority to act as City's agent to bind City
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the united States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 12
I ~~ :1 ()
- -.-.--..----- --_.__._--,-~-----~-_.~-_.---"
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego county, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 13
/ ç-:.. :1/
_...~" - - --~~-_.~--~.,--~~-~---------_._----~._---------~
·- -- -----.-.- - _..~-~~_..,-- - -~_.._.
-. --. .~..
signature Page
to
Agreement betweenC1ty ot Chula vista and Environmental Health
Coalition
for
XN WITNESS WHEREOF, city and Consultant have executed this
Aqreement thereby indicating that they have read and understood
same, and indioate their full and complete consent to its terms:
Dated: , 19 - city of Chula vista
by:
Tim Nader, Mayor
Attest:
Beverly Authelet, city Clerk
Approved as to form:
Bruce M. Boogaard, city Attorney
Dated: En Health Coalition
. ---:J~_
'-
Exhibit List to Agreement
(x ) Exhibit A.
( ) Exhibit B:
2pty9.wp Standard Form TWo Party Agreement (Fourth Revision)
November 2, 1993 Page 14
/r,.3:z..
- - - - --~--,._-_.._--_.__._,-----_.- ..__.~.~...._.~--.-
Exhibit A
tb
Agreemen between
City of C ula Vista
a d
Environmental Haith Coalition
1- Effective Date of Agreement: 3/22/94
i
I
2. city-Related Entity: I
I
(x ) City of Chula Vista, aJmuniciPal chartered corporation
of the state of Califo nia
I
( ) Redevelopment Agency of the City of Chula vista, a
political subdivision of the state of California
( ) Industrial Development Authority of the city of Chula
Vista, a i
() other: I ' a
[insert business form] I
3. Place of Business for city: I
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Environmental Health CoalitIon
Executive Director, Diane Takvorian
5. Business Form of consultant:1
( ) Sole ProprietorshIp
( ) Partnership
( x ) Non-Profit corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1717 Kettner Blvd, suite 10d
San Diego Ca 92101 ~
Voice Phone (619) 235-0281
Fax Phone (619) 232-3670 I
2PTY9-A.wp Exhìbit A to Standard Form Agreement
November 2, 1993 Page 1
I /~"JJ
-- .--._-_..._._.~.- .. ._.._..~..- ..-...-"-..--------------..
7. General Duties:
Consultant shall develop a "Municipal Pollution Prevention
Program consisting of: a comprehensive audit of hazardous
materials, toxic cleaners and pesticides used in City operations
and on city property, ~recommendations for non-toxic and less
toxic alternatives to replace ta~geted toxics,and utilization of
a pilot site using nontoxic and ]ess toxic processes at a city
facility, and preparation of a pdllution prevention policy for
City use of toxic materials.
B. Scope of Work and Schedule:
A. Detailed Scope of Work:
The Consultant will develop a Mu icipal Pollution Prevention
Program comprised of the following deliverables:
Liaison Committee. Attend ongoing liaison committee meetings and
work directly with staff to a) advise affected departments as to
the status of the audit b) select a site for the pilot program
and c) develop mutually acceptabl~ language for the pollution
prevention policy. !
PHASE 1: Audit of toxic materials.
EHC will compile a current inventory of toxics used in each city
department. A draft of the audit 'will be forwarded to the
participating departments for review of accuracy and completion
of data gaps. Additional information and comments with respect
to the audit will be delivered td the Environmental Resource
,
Manager by February 28th. :
I
PHASE 2: pilot Studv. I
A city facility will be selected to implement alternatives on a
pilot basis. The alternatives will be tried for a 2 month
period; the results will be evalUated at the end of April.
I
PHASE 3: Best Manaqement Practices.
EHC will develop recommended Best Management Practices (BMPs) for
city operations. BMP development I¡Will be completed at the end of
April.
PHASE 4: Pollution Prevention poiicv
I
The Policy will be developed fro~ tested Best Management
Practices for City's use or toxic material and will be ready to
present to the City Council by May 1994.
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 I Page 2
I
I
/8',.J'I
- ... -"~.._"."-""-'--'-----~-'-'~~---'~~- -
B. Date for Commencement 0, Consultant Services:
(x) Same as Effective ~ate of Agreement
( ) Other: I
C. Dates or Time Limits for Del~Very of Deliverables:
I
Deliverable No.1: September 1 - February 28, 1994
Identify and Catalog all toxics used in city operations. Deliver
report identifying and cataloging all toxics used and hazardous
wastes generated by the City, aSJwell as pest control services
provided to the city on a contra tual basis.
Mapping - Deliver a map identify~ng all city owned properties and
facilities for the purpose of vi~ually assessing municipal toxic
use. Consultant will analyze and ¡assess the City's utilization of
toxic materials and its potentia] effect on watershed as part of
the finel repnrt tn staff. j
Deliverable No.2: March - April 1, 1994
pilot study and Best Management ractices Tim.line - Identify
safer substitutes and procedures 'to replace currently used
toxics. Identify safer substitutes and procedures, where
available, to replace the toxic materials currently in use. A
series of recommended best management practices will be developed
in conjunction with department staff.
Pilot Test Program. Develop a cost effective pilot toxics use
reduction program, working in coordination with staff and
department heads to identify the most suitable site,
concentrating on one specific department or for one particular
use which is contributing significantly to environmental
pollution. A goal will be to id~ntify a facility that has
multiple toxic material uses and lattempt to make it "toxic-free".
Successful completion of this pi10t will result in duplication in
other departments. A site will b~ selected in January.
I
Deliverable No. 3: May 1, 994 - December 31, 1994
Pollution Prevention Policy. The Liaison Committee will
coordinate with EHC to develop f r Council approval a cost-
effective pollution prevention p licy for city operations.
Modeled after the Integrated Pes Management Policy developed by
EHC and adopted by the San DiegolUnified School District, this
recommended policy will require the use of less toxic materials
and the use of non-toxic alternatives, whenever practical, and
will establish a protocol for approval of use of a toxic
I
I
,
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 3
(Y'J'>
-_.._.__..--_.._---_.._~~,.._---_._. ._-~--~._,-----~----~..... ---
chemical. A protocol will be deJigned to foster comeunication
between various departments and dreate a check and balance system
for toxic use in city operations.
Deliverable No. 4: May 199 - June 1995
Technical Assistance. Ongoing t chnical assistance provided to
city staff to assist in utilizatfon of non-toxic alternative
applications on city facilities and evaluation of implementation
progress for pollution prevention policy to the extent EHC
resources allow.
D. Date for completion of all ¡consultant services:
_June, 1995
9. Insurance Requirements:
(x) statutory Worker's Compensation Insurance
(x) Employer's Liability Insuiance coverage: $1,000,000.
(x) Commercial General Liabilfty Insurance: $1,000,000.
(x) Errors and Omissions insurance: None Required
( ) Errors and Omissions Insurance: $250,000 (not included in
commercial General Liabilfty coverage).
10. Materials Required to be sUPPlJed by City to Consultant:
Planning maps for mapping city ~faCilities.
Material Safety Data Sheets,
Purchasing documents related t hazardous materials demonstrating
cost of materials, ,
Inventories of hazardous materials for all appropriate departments
Contracts with pest control contractors, and Contractors'
hazardous material inventory materials used on city
facilities. I
11- Compensation: !
,
Consultant's services are funded exclusively by private foundation
grants and paid directly to consultant. City's compensation for
consultant is in the form of in-kind staff service and support for
all phases of work. J
A. () Single Fixed Fee Arra ,gement.
For performance of all of the ~efined Services by Consultant as
herein required, City shall pa , a single fixed fee in the amounts
and at the times or milestones or for the Deliverables set forth
below:
2PTY9-A.wp EXh~bit A to Standard Form Agreement
November 2, 1993 Page 4
/~ :1"
--.--,.......-----......---.----- - ---+.-.-...----.---.-------
Single Fixed Fee Amount: , payable as
follows:
.ilestone or Event or Deliverable JAmount or Peroent of Fixed Fee
described in section 8 & 9.
B. () Phased Fixed Fee Arra gement.
For the performance of each PhJse or portion of the Defined
services by Consultant as are separ tely identified below, City shall
pay the fixed fee associated with e ch phase of Services, in the
amounts and at the times or milesto es or Deliverables set forth below.
Consultant shall not commence Servi es under any Phase, and shall not
be entitled to the compensation for a Phase, unless City shall have
issued a notice to proceed to Consu1tant as to said Phase.
I
Phase I ,
Fee for Sa~d Phase
1. $
2.
3. $
c. ( ) Hourly Rate Arrangement
,
For performance of the Defined !services by Consultant as herein
required, City shall pay consultantJfor the productive hours of time
spent by Consultant in the performa ce of said Services, at the rates
or amounts set forth in the Rate ScHedule hereinbelow according to the
following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials
Arrangement ~
Notwithstanding the xpenditure by Consultant of time
and materials in excess 0 said Maximum Compensation amount,
Consultant agrees that Co sultant will perform all of the
Defined Services herein required of Consultant for
$ including all Materials, and other
"reimbursables" (IIMaXimumJcompensationll).
(2) ( )Limitation without ¡urther Authorization on Time and
Materials Arrangement
I
,
At such time as Consultant shall have incurred time and
materials equal to ("Authorization Limit"),
Consultant shall not be entitled to any additional
compensation without furtHer authorization issued in writing
and approved by the City. Nothing herein shall preclude
I
2PTY9-A.wp Exhíbit A to Standard Form Agreement
November 2, 1993 I Page 5
I ¡r, J ')
I
.'. .._____, _,___>_,.._n __._.._._..,___.____________.________
Consultant from providing additional Services at Consultant's
own cost and expense.
,
I
Rate Schedule
Category of Employee lme Hourly
of Consultant Rate
I
I
Executive Director.EHC . I k ' n/a
DlaneTa vorlan
Pesticide Use Reduction Dir Sharon Tavlor n/a
Communitv Assistance Director Jov williams n/a
( ) Hourly rates may increase by 6~ for services rendered after
[month], 19 , if delay in pro iding services is caused by City.
12. Materials Reimbursement ArrangJment
For the cost of out of pocket expen~es incurred by Consultant in the
performance of services herein requJred, city shall pay Consultant at
the rates or amounts set forth belo :
(x) None, the compensation in ludes all costs.
I
() Reports, not to exceed $ :
( ) Copies, not to exceed $ .
.
( ) Travel, not to exceed $ I :
( ) Printing, not to exceed ~ :
( ) Postage, not to exceed $ :
( ) Delivery, not to exceed $ : .
.
( ) Long Distance Telephone Charges,
not to exceed $ .
( ) Other Actual Identifiable Direct Costs:
, not to exceed $ .
.
, not to exceed $ :
13. Contract Administrators: !
I
City:
Barbara Bamberger, Environmental Re ource Manager
276 4th Ave, Chula vista Ca 91910
Consultant:
Diane Takvorian, Executive Directo
1717 Kettner Blvd suite 100 ,
I
San Diego Ca 92101 ¡
City shall designate a staff membe~to serve as a liaison between the
city and EHC and to assist with ac isition of information and
.I .
2PTY9-A.wp Exhlblt A to Standard Form Agreement
November 2, 1993 Page 6
IY'3r
I
I
---.--- - - - -_."_..__._.._----_...~---_..__...~~._~~----~--------
materials, as needed. Representati~es of Public Works, Engineering,
Risk Management and Purchasing shal ! be designated to serve on a
project oversight committee and to rovide information described in
Paragraph 10, as appropriate.
14. Liquidated Damages Rate:
( ) $ per day.
(x ) Other: n/a
is. Statement Df-;CDnamiC IDterestsj COosuitact Reporting Categories.
per Conflict of Interest Code:
(x) Not Applicable. Not an FP C Filer.
( ) FPPC Filer !
( ) Category No. 1. Investments and sources of income.
( ) Category No.2. IntJrests in real property.
( ) Category No.3. InvJstments, interest in real property
and sources of incomd subject to the regulatory, permit
( ) or licensing authori1Y of the department.
Category No. 4. Inv~stments in business entities and
sources of iDDDee Vh,Dh engage in iand devei....nt.
construction or the cquisition or sale of real
property.
( ) Category No. 5. Investments in business entities and
sources of income of :the type which, within the past two
years, have contracted with the City of Chula vista
(Redevelopment Agency) to provide services, supplies,
materials, machinery lor equipment.
I
( ) Category No. 6. Investments in business entities and
sources of income of the type which, within the past two
years, have contracted with the designated employee's
department to provide services, supplies, materials,
machinery or equipmerlt.
( ) Category No. 7. Bus~ness positions.
( ) List "Consultant Ass ciates" interests in real property
within 2 radial miles of roject Property, if any:
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 7
/Y'31
------.---....-.'.."..--...----..---.--.-+--.---.-..,--~-
I
16. ( ) Consultant is Real Estate roker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing: n/a
A. Consultant's Billing to be submitted for the following period
of time:
( ) Monthly
( ) Quarterly l
( ) Other:
B. Day of the Period for sUbm~ssion of Consultant's Billing:
( ) First of the Month I
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
,
City's Account Number: , n/a
C. i
19. Security for Performance n/a I
I
I
( ) Performance Bond, $ I
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding
other provisions to the c ntrary requiring the payment of
compensation to the Consultant sooner, the City shall be
entitled to retain, at their option, either the following
"Retention Percentage" or '''Retention Amount" until the City
determines that the Retention Release Event, listed below,
has occurred: J
( ) Retention Perce .tage: ___%
( ) Retention Amoun~: $
,
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 8
I ~"'Itl
-_..----_.._~-------~
CITY COUNCIL AGENDA STATEMENT
Item J!L
Meeting Date 3/15/94
ITEM TITLE: Request City Council Authorization to issue the "Request for Proposal to
Manage a Mobilehome Park for the City of Chula Vista Housing
Authority"
SUBMITfED BY: Community Developme~rector
REVIEWED BY: City Manager~ ~ ::..--?
(4/Sths Vote: Yes _ No L>
Council Referral No. None
BACKGROUND:
The Chula Vista City Council directed staff to pursue the purchase of Bayscene Mobilehome
Park by the Chula Vista Housing Authority. As part of the preparation for purchase, the City
needs to select a property management company to manage the park. This action is necessary
to undertake nOw in order to satisfy a requirement of the bond underwriter. Staff requests that
the Council authorize staff to issue the attached "Request for Proposal to Manage a Mobilehome
Park for the City of Chula Vista Housing Authority", and in the event the City purchases the
park, return with a recommended property management company for the Council's
consideration.
RECOMMENDATION: That the City Council authorize staff to issue the attached "Request
for Proposal to Manage a Mobilehome Park for the City of Chula Vista Housing Authority".
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION: The attached request for proposal (RFP) will .enable the City to select a
property management company to manage Bayscene Mobilehome Park on behalf of the Chula
Vista Housing Authority. The document outlines the selection procedure and the scope of
property management duties. The RFP also stipulates that the City has not yet purchased the
park, and is under no obligation to contract with any of the companies that apply. A draft
contract for services is attached to the RFP so that prospective companies understand the general
provisions required by the City in two-party agreements. The contract and scope of work may
be modified due to negotiations with the company selected or requirements from the bond issuer.
Staff will solicit proposals, review them for completeness and responsiveness, and check
references. A four-member selection committee will review the proposals, interview the top
candidates, rank the proposals and make a recommendation. The committee will have a
Bayscene resident member as well as individuals with experience in property management.
finance or mobilehome parks. An officer of the Orange Tree Mobilehome Park Resident
Association has been asked to be a committee member as they oversee their property
management company and went through the process of selecting a property management firm
for their park.
19''/
._._--_.,..._~---_._------~------_._-- ..._--~-- ,---..-------
If the City purchases the park, then staff will return to the City Council with the committee' s
recommendation. or if the Housing Authority is fully formed, oversight will be transferred to
that body. If the City does not purchase the park, no further action will be taken.
FISCAL IMPACT: The management fee would be paid from rent proceeds collected at
Bayscene Mobilehome Park once the park is acquired by the Chula Vista Housing Authority.
.
[SSIA,RFP.1I3]
SHEILA·S DISK #1
/?- .1
IŒQUEST !'OR PROPOSAL TO MlWAGE A MOBILEHOME PARK
FOR THE CUY OF CBULA VISTA HOUSING AUTHORITY
1. PURPOSE AND INSTRUCTIONS
A. The City of Chula Vista Housing Authority is seeking
proposals from professional mobilehome park management companies
to operate and provide complete management services for a
mobilehome park acquired by the Chula Vista Housing Authority.
The Housing Authority is currently working on a bond
finance program to acquire the mobilehome park from a private
owner in Chula Vista. One of the primary goals of the City of
Chula Vista is the preservation and enhancement of its affordable
housing stock. The Housing Authority is using the purchase of
the mobilehome park as a program to help fulfill this housing
obligation.
Through improved management services, lower annual rent
adjustments, uniformity in management policies and a long-term
continuity of qwnership, the Housing Authority will create a more
stable community environment for its mobilehome tenants.
There are 31 mobilehome parks located in the City of
Chula Vista. In 1982, in an effort to provide reasonable
standards for rent increases, the City enacted a rent
stabilization ordinance which affects all spaces within the City
that are not exempted by a long term lease agreement with the
property owner. In this park, however, the majority of residents
are subject to lease agreements which provide for annual
adjustments significantly higher than those permitted under the
ordinance. Due to the current local and regional economic
climate, it has become increasingly difficult for residents to
sustain lease increases. Accordingly, the Housing Authority will
offer residents in its acquired park a substitute lease agreement
which has terms more favorable than those contained in the
present leases.
The mobilehome park acquisition program will also
complement another housing goal of the City. Over the past few
years, there have been three trailer parks that have closed due
to age and deterioration of the infrastructure. The acquisition
of this mobilehome park will facilitate the City's goal of
providing available mobilehome spaces for relocation.
19'3
. ....--,-,---~~-,--_._------'--_.__. --,--.-~- ,-..--.------..-------..-.--. -.---
.
B. All proposals for the management of the Housing
Authority mobilehome park must be received by 4:30 on April 11,
1994, Late proposals will not be accepted. Proposal documents
or questions should be submitted to:
Ms. Sheila Shanahan
Community Development Specialist I
City of Chula Vista
Community Development Department
. 276 Fourth Avenue
Chula Vista, CA 91910
Phone: (619) 691-5263
C. Proposers are requested to submit an original and four
(4 ) copies of the proposal.
II. PROPERTY DESCRIPTION/INFORMATION
A. The Housing Authority is acquiring Bayscene Mobilehome
Park located at 100 Woodlawn Avenue, Chula Vista. The park
currently has one resident manager and a maintenance person.
The park is approximately 33 years old and has 126 spaces.
III. PROPOSAL
Proposers should carefully follow instruction and provide
all requested information. Failure to do so may be grounds for
excluding a proposal from consideration. The City shall be the
sole and final authority for determining whether or not proposals
are complete and responsive.
All proposals should include the following information:
A. The complete name and address of the entity submitting
the proposal, and the name & phone number of the contact person;
B. Resumes or statements that describe the experience of
key staff who will be assigned to the City's management program;
C. A list of housing projects of comparable size and
quality you have managed over the past five years. Please
include:
"The name and address of the development
"The number and type of units
"The name and phone number for the resident manager,
owner representative and person to which your firm
provides financial and accounting information
"average vacancy
"average turnover per year, and
"average annual income/expense ratio
D. A current listing of all the projects you currently
manage;
/9"'1
E. A description of the type of financial reporting or
management software you utilize and a sample of the financial and
management reports you generate;
F. A map showing the boundary of the communities which you
manage, or a statement describing boundaries;
G. A copy of your standard or proposed management services
fee schedule;
H. A minimum of five (5) professional references from
property owners for which you currently provide services;
1. Any other brochures, commendations or printed materials
describing the accomplishment of your company;
J. If your organization is chosen, how would you initially
create a positive, amicable working relationship between your
organization and the park residents?
K. The city wants to encourage a management environment
which allows tenant participation. How would you integrate
tenant input in the management program in the park?
L. Describe how your firm handles tenant grievances.
M. The park requires physical improvements as well as
strong property management to improve park livability. What
steps would you follow to accomplish these.
N. How would you view your role working with City staff.
O. Does your company provide any tenant services such as
educational workshops, information on available social services,
or recreational programs?
IV. INSURANCE UQUIREMENTS
Proposer represents that if selected, it and its agents,
staff, and subcontractors employed by it in connection with the
services require to be rendered would be protected against the
risk of loss by the following insurance coverages in the
following categories and to the limits specified, policies of
which are ensured by insurance companies that have a best rating
of A5 or better or shall meet with the approval of the City:
A. Statutory Worker's Compensation and Employer's
Liability Insurance Coverage in the amount of $1
million.
B. Commercial General Liability Insurance including
business, automobile insurance coverage in the amount
of $1 million.
/9:5
. ..__._~".._-~"..-----_._.._---,...._.._.._._--_.---_.--.---
.
C. Fidelity Bond in the amount of $25,000 which shall
cover contractor employees, protecting City from
employee theft with respect to any occurrence by
contractor employees.
D. Proof of insurance coverage.
1. Certificates of Insurance.
Contractor shall demonstrate proof of coverage
prior to the commencement of services by delivery
. of certificates of insurance.
2. Policy Endorsements Required.
In order to demonstrate the additional insured
coverage, the contractor shall deliver a policy
endorsement to the City demonstrating same which
shall be reviewed and approved by the Risk
Manager.
V. CONFLICT OF INTEREST
Does the firm have any conflict of interest within the fOllowing
context?
No person performing services for the City in connection with
this project shall have a financial or other personal interest
other than employment or retention by the City in any contract or
subcontract in connection with this project. No officer or
employee of such person retained by City shall have any financial
or other personal interest in any real property acquired for this
project unless such interest is openly disclosed upon the public
records of the City of Chula Vista, and such officer, employee,
or person has not participated in the acquisition for or on
behalf of the City.
VI. SELECTION PROCESS
Staff and selection committee will review each complete proposal.
This may include reference checks and visits to mobilehome parks
and other housing developments currently managed by the company.
We reserve the right to determine in our sole discretion that a
firm is not qualified for the project if its response to any
single technical evaluation criterion, including the reference
check, is determined to be inadequate. The City reserves the
right to verify all statements made in the proposal submittal.
The selection committee shall select the top proposals to advance
to the interview level of the selection process.
1'..&
The following criteria will be used by the committee to evaluate
proposals:
1. Experience managing mobilehome parks.
2. Overall management capacity.
3. Clear, complete financial and management reports.
4. Ability to develop and maintain resident
participation.
5. Expertise in handling tenant grievances.
6. Ability to work with City staff.
7. Evaluation of proposed project personnel.
8. Proximity to the mobilehome park.
9. Fee schedule.
10. Capacity to perform attached duties.
All proposals and attached materials will be available for public
review at the time of award of the contract by the Housing
Authority.
A draft management contract is attached. The company selected
will be required to enter into a contract that is substantially
the same, and is acceptable to the City.
VI I. TENTATIVE SCHEDULE FOR SELECTION
Applications mailed: March 17, 1994
RFP Response Deadline: April 11, 1994
Interviews Begin: late April, 1994
Committee recommended
selection: May 2, 1994
Final approval by Housing
Authority: May 17, 1994
This solicitation is not a binding commitment on the City to
contract. Also, please note that there is no guarantee that the
Authority will acquire the park.
VII 1. HINORITY AND/OR 1IC)!DN/OWNED COMPANIES ENCOURAGED TO APPLY
The City encourages minority and/or woman owned management
companies to submit proposals. However, no additional weight
will be given in the evaluation process to minority or female
proposers.
/9~ 7
-..--'.,- - _.~_.-----,-~_.".,_..-_...._---,---~_.._-,._-_.__.-
~AGEMENT COMPANY DUTIES
Reports to: The management company reports to the Chula
. Vista Housing Authority. The managing agent
shall attend meetings of the Authority as
requested to present management reports and
recommend action on matters as needed.
Location: The management company shall maintain a local
office in San Diego County or manage several
projects in the County for which it makes
regular site visitations.
Duties 1. Operate the premises in compliance with
include: all provisions of Federal law, the
Mobilehome Residency Laws (California
. Civil Code 798 et. seq.) , Title 25 of the
California Administrative Code and all
other applicable laws;
2. Hire, train and supervise site personnel
at the park;
3. Collect all rents and other charges which
at any time are due or become due from any
resident of the premises;
4. Make timely deposits of all funds
collected on behalf of Authority in an
account that is held in trust for the
Authority;
5. Handle delinquency notices and evictions;
6. Process payments for park expenses;
7. Provide information to prospective
tenants;
8. Receive and process rental applications
and execute rental agreements;
9. Maintain the premises in accordance with
the general policies and guidelines of the
Authority;
10. Fairly and uniformly enforce the rules and
regulations of the premises as they now
exist or are amended by the Housing
Authority;
11. Receive and process complaints of
residents;
12. Keep adequate books and records in a form
acceptable to the Housing Authority;
13. Prepare annual budgets;
14. Provide monthly accurate and detailed
statements covering collections,
disbursements and delinquencies;
15. Make, or cause to be made, and supervise
repairs and improvements to the community
in accordance with budgets approved by the
Housing Authority.
16. Provide 24 hour response to park
emergencies.
17. Help enforce resale restrictions and
maintain resident income data.
/9-~
Parties and Recital Page(s)
Agreement between
city of Chula vista
and
for Mobile Home Park property Management Services
This agreement ("Agreement"), dated for
the purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
paragraph 1 is between the city-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("consultant"), and is made with reference to the
following facts:
Recitals
Whereas, ; and,
Whereas, ; and,
Whereas, consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of consultant to city
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
1
/1--f:}
.--,.,. .---.--..--.....-..--.---.-..-------- ~.-~-----
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
. 1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
Bame on a time and materials basis at the rates set forth in the
"Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E. Standard of Care
2
19'1 t)
consultant, in performing any services under this agreement,
whether Defined services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the city:
statutory Worker's compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, paragraph 9.
commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names city and Applicant as an Additional Insured, and which is
primary to any policy which the city may otherwise carry
("primary coverage"), and which treats the employees of the city
and Applicant in the same manner as members of the general public
("cross-liability Coverage").
Errors and omissions insurance, in the amount set forth in
Exhibit A, paragraph 9, unless Errors and omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) certificates of Insurance.
consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
coverage, Primary Coverage and cross-liability Coverage required
under consultant's commercial General Liability Insurance Policy,
consultant shall deliver a policy endorsement to the city
3
19-//
__ _......_.._..._.__.....__._ _ _.,_._._,.,______ ,__+___....__.___.., ..__..,......__m___._
.
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Securitv for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
. the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or City Attorney
which amount is indicated in the space adjacent to the term,
"Performance Bond", in ..aid Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
to the bank a letter, signed by the City Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
4
/1-/'<
city shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and schedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The city shall permit
access to its office facilities, files and records by consultant
throughout the term of the agreement. In addition thereto, city
agrees to provide the information, data, items and materials set
forth on Exhibit A, paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B. compensation
upon receipt of a properly prepared billing from consultant
submitted to the city periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, paragraph lB, city
shall compensate consultant for all services rendered by consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
19 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, paragraph 12.
All billings submitted by consultant shall contain
sufficient information as to the propriety of the billing to
permit the city to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the city's
account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of contract
Each party designates the individuals ("contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, paragraph 14.
5
19'1.1
____o'._ ...._.___.___~_ -.------.-,..-~.~----...,.-- ------
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
. estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate").
.
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
6
19'1'/
proDulgated by the Fair Political practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an econoDic interest which would conflict with
Consultant's duties under this agreeDent.
D. proDise Not to Acquire conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an econoDic interest during
the term of this AqreeDent which would constitute a conflict of
interest as prohibited by the Fair Political practices Act.
E. Duty to Advise of conflicting Interests.
Regardless of whether consultant is designated as an FPPC
Filer, consultant further warrants and represents that Consultant
will immediately advise the City Attorney of city if consultant
learns of an econoDic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations proDulgated thereunder.
F. specific warranties Against EconoDic Interests.
consultant warrants and represents that neither consultant,
nor Consultant's immediate family members, nor consultant's
eDployees or agents ("consultant Associates") presentlY have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of. the Defined services, or in
any property within 2 radial Diles from the exterior boundaries
of any property which may be the subject matter .of the Defined
Services, ("prohibited Interest"), other than as listed in
Exhibit A, paragraph 15.
consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been Dade to Consultant or consultant
Associates in connection with consultant's performance of this
Agreement. Consultant proDises to advise City of any such
promise that may be Dade during the Term of this Agreement, or
for 12 months thereafter.
. consultant agrees that consultant Associates shall not
acquire any such prohibited Interest within the Term of this
Agreement, or for 12 Donths after the expiration of this
AgreeDent, except with the written permission of city.
Consultant may not conduct or solicit any business for any
party to this AgreeDent, or for any third party which may be in
conflict with consultant's responsibilities under this AgreeDent,
except with the written permission of city.
7
/9'/5'
--.....--...-.-----..---. .----....--..----...------.----
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees)
. arising out of the conduct of the Consultant, or any agent or
employee, sUbcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers,
agents, or employees in defending against such claims, whether
the same proceed to judgment or not. Further, Consultant at its
own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City
for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of City
8
19'/~
Upon and after the date ___ months from the effective date
of this Agreement, city may terminate this Agreement at any time
and for any reason, by giving specific written notice to
consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of
such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the
option of the city, become city's sole and exclusive property. If
the Agreement is terminated by city as provided in this
paragraph, consultant shall be entitled to receive just and
equitable compensation for any satisfactory work completed on
such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all
claims for damages or compensation arising under this Agreement
except as set forth herein.
11. Assignability
The services of Consultant are personal to the city, and
consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of city.
city hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, paragraph 17 to the
subconsultants identified thereat as "Permitted subconsultants".
12. ownership, publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of city. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express
written consent of city. city shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the pUblic Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
13. Independent contractor
city is interested only in the results obtained and
consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. city maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of city, and none of them
9
19--/7
---- ---- - ._-----_.__.~----------- ".,-.--- .._._-----"------~
.
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
. agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista MuniCipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such POlicies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute
over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind City
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
10
/9"/Y'
~lifornia or some other state as a licensed real estate
~er or salesperson. otherwise, consultant represents that
,ither consultant, nor their principals are licensed real estate
jrokerS or salespersons.
c. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Acp:eement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properlY given or served if personallY served
or deposited in the united states mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Acp:eement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. capacity of parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of california. AnY action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in san Diego county, state
of California, and if applicable, the city of chula vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the city of Chula vista.
{end of page. next page is signature page.]
1.1
/9,/9
Signature Page
to
Agreement between City of Chula Vista and
.
for Mobile Home Park Property Management Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated: ,19_ Housing Authority for the
City of Chula Vista
by:
[Print name and title]
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce M. Boogaard, City Attorney
Dated: [Name of Consultant]
By:
[name of person, title]
By:
[name of person, title]
Exhibit List to Agreement
( ) EXhibit A.
( ) EXhibit B:
12
/9":;'0
.
Exhibit A
to
Agreement between
City of Chula Vista
and
for Mobile Home Park Property Management Services
1. Effective Date of Agreement:
2. City-Related Entity:
( ) City of Chula Vista, a municipal chartered corporation
of the State of California
( ) Redevelopment Agency of the city of Chula Vista, a
political subdivision of the State of California
( ) Industrial Development Authority of the City of Chula
Vista, a
(X) other: Housing Authority of the city of Chula Vista, a
political subdivision of the State of California
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula vista, CA 91910
4. Consultant:
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
[Address]
[City], California 9
Voice Phone (619)
Fax Phone (619)
7. General Duties:
See Exhibit A-l attached hereto and incorporated herein by
this reference
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8. Scope of Work and Schedule:
A. Detailed Scope of Work:
See Exhibit A-2 attached hereto and incorporated herein
by this reference
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Aqreement
( ) other:
C. Dates or Time Limits for Delivery of Deliverables:
(Not Applicable)
D. Date for completion of all Consultant services:
[To be determined]
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coveraqe: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required
(included in Commercial General Liability coveraqe).
( ) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coveraqe).
10. Materials Required to be Supplied by city to Consultant:
[To be determined]
1I. Compensation:
A. Basic Services.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a sinqle fixed fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
Sinqle Fixed Fee Amount: , payable as
follows:
B. Extraordinary Services
2
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Category of Employee Hourly
of Consultant Name Rate
12. Materials Reimbursement Arrangement
[To be determined]
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $ ·
·
( ) Copies, not to exceed $ ·
·
( ) Travel, not to exceed $ ·
·
( ) Printing, not to exceed $ .
.
( ) Postage, not to exceed $ ·
·
( ) Delivery, not to exceed $ :
( ) Long Distance Telephone Charges,
not to exceed $ .
( ) Other Actual Identifiable Direct Costs:
, not to exceed $ ·
·
, not to exceed $ ·
·
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13. contract Administrators:
city: Sheila Shanahan
community Development specialist
Community Development Department
Consultant:
14. Liquidated Damages Rate:
{TO be determined]
( ) $ per day.
( ) Other:
15. statement of Economic Interests, consultant Reporting
Categories, per Conflict of Interest Code:
·
( ) Not Applicable. Not an FPPC Filer.
(X ) FPPC Filer
(X) category No. 1. Investments and sources of
income.
(X) Category No.2. Interests in real property.
( ) category No. 3. Investments, interest in real
property and sources of income subject to the
· regulatory, permit or licensing authority of the
department.
( ) category No.4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
( ) Category No. 5. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the city
· of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
( ) category No. 6. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the
designated employee's department to provide
services, supplies, materials, machinery or
equipment.
(X) category No.7. Business positions.
·
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( ) List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
-
16. (X) Consultant is Real Estate Broker and/or Salesman
17. Permitted SUbconsultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(X ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's
Billing: ( ) First of the Month
( ) 15th Day of each Month
(X ) End of the Month
( ) Other:
C. City's Account Number:
19. Security for Performance
(To be determined; Sheila to discuss with Risk Manager]
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type: $
Amount:
( ) Retention. If this space is cheeked, then
notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their
oPtion, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
5
19' .1.,.$
( ) Retention percentage: "
-
( ) Retention AœOunt: $
Retention Release EVent:
( ) completion of All consultant services
( ) other:
c: ,ag\propllgr.1II
·
·
·
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·
EXHIBIT A-l
General Duties
(1) Generallv. Consultant shall manage the operation of
the Bayscene MObilehome Park located at 100 Woodlawn Avenue in
Chula Vista, California (the "Park") for the period and Upon the
terms provided in this Agreement, and shall furnish the services of
its organization in the performance of its duties hereunder
according to generally accepted procedures and practices Usual and
customary to the operation and management of mobilehome parks,
except as otherwise specifically provided herein. Consultant shall
establish a property management team and shall perform its duties
hereunder using its best efforts in a diligent, careful and
vigilant manner. Consultant's services shall be at least
equivalent, in scope and quality, to those generally performed by
professional property managers of other mobilehome parks in the
area in which Park is located. Consultant shall provide to City
the full benefit of the jUdgment, experience and advice of the
members of Consultant's organization and staff and Consultant will
perform those services that City may reasonably request in
marketing, operating, maintaining, and servicing the Park.
(2) SUDervision and Hirina. Consultant shall, at City's
cost, provide or hire such personnel as Consultant deems necessary
for the proper and standard operation and maintenance of the Park.
Consultant agrees to provide, at all times, an experienced Park
manager who shall be available to the Park at all reasonable times.
Consultant shall Use due care in the selection and supervision of
all employees and independent contractors who shall operate and
maintain the Park. Consultant shall oversee the activities and
performance of those employees and independent contractors it
retains to carry out the terms of this Agreement.
(3) CO~Dliance with Law. Consultant shall operate the
Park in compliance with all applicable provisions of federal, state
and local law, including but not limited to the Mobilehome
Residency Law (California Civil Code 55798 et seq.), the Real
Estate Law (California Business & Professions Code 5510000 et
seq.), Title 25 of the Administrative Code and any applicable rent
control ordinances now in effect or hereinafter enacted, and to
maintain any and all records necessary and proper to show
compliance therewith. Consultant shall obtain and maintain at all
times during the term of the Agreement a valid California Real
Estate Broker's license in the name of Consultant for its offices
at each Park, and shall keep on file in the appropriate office a
valid California real estate salesperson's or broker's license for
each of its employees who performs services for which a California
real estate license is required.
(4) Comnliance with Bond Documents. Notwithstanding any
provision in this Agreement to the contrary, Consultant shall
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operate the Park at all times in accordance with the terms of the
documents and agreements entered into in connection with the bonds
issued by the city (or an affiliate thereof) for the acquisition of
the park (collectively, the "Bond Documents"), including, without
limitation, the Indenture of Trust, the Offering statement, the
Housing Assistance Pledge Agreement and the Regulatory Agreement
and Declaration of Restrictive covenants.
·
·
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·
EXHIBIT A-2
SDecific buties
(1) Leasino and Rental of Park. Consultant shall use
its best efforts to secure and/or retain residents for the Park.
Consultant shall have the right to rent the rental spaces in the
Park pursuant to a rental schedule, a form of rental agreement, a
form of rules and regulations, and qeneral guidelines approved by
City. All necessary advertisinq to rent or lease the Park shall be
done in the name of the Park. Consultant shall, in accordance with
standards of prudent business practice and as may be. directed by
the City, enforce the provisions of all leases and rental
aqreements for spaces within the Park.
(2) Budoet/Collection of Revenues. Within thirty (30)
days followinq the execution and delivery of this Aqreement,
Consultant shall prepare a budget for the Park for the Fiscal Year
ending June 30, 1995 and submit this budqet to the City for
approval. Not later than April 15 in each subsequent year during
the term of this Agreement, Consultant shall prepare and deliver to
City a draft of the proposed budget for the next Fiscal Year.
Consultant shall collect in trust for City, all rents and other
charqes which at any time be due or become due from any resident
occupyinq space in the Park, or from others for services provided
in connection with, or for the use of the Park or any portion
thereof (collectively, "Revenues"). All Revenues shall be
deposited daily in a separate trust account maintained by
Consultant for such purposes with a bank approved by City, or
otherwise as city may instruct from time to time. Any such trust
account shall at all times comply with any and all regulations
regarding trust accounts promulqated by the California Real Estate
Commissioner or other governing authority. Consultant shall pay
from Revenues deposited into the trust account all expenses
incurred in connection with the operation of the Park; provided,
however, that (a) no expenses shall be paid without the approval of
City, if required hereunder, or which are not included in the
current budqet approved by City; and (b) Consultant shall not
withdraw such funds to payor reimburse amounts payable to
Consultant without the specific written approval of City in each
instance. In the event that any item of expense is incurred, or in
the opinion of Consultant ouqht properly be incurred, which item is
not included in the budget, or in the event at any time available
. Revenues are insufficient to permit the payment of any item of
budgeted expenses, Consultant shall promptly notify City of such
fact, and shall provide City with such additional information
relating to such item as City may request. On a monthly basis,
Consultant shall pay to , the trustee ("Bond
Trustee") for the bonds issued in connection with the City's (or an
affiliate thereof's) acquisition of the Park, all Revenues in
excess of amounts properly expended therefrom from the operation
and maintenance of the Park, or as may otherwise be required
3
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pursuant to the Bond Documents, such payment to be made based upon
the formula and on or about the date specified from time to time by
city.
(3) cooneration in Litiaation. Consultant shall assist
city, and its respective legal counselor insurance carrier, in any
ongoing litigation or litigation hereafter filed by any resident,
potential resident, or any other person(S) related to the ownership
or operation of the Park. city shall assist consultant, its
counsel and its insurance carrier in any litigation filed by or
against consultant relating to the maintenance or operation of the
park, the collection of rents or other revenues or the enforcement
of leases, rental agreements or other contracts respecting the
park.
(4) Enforcement of Rules. Consultant shall fairly and
uniformly enforce the rules and regulations of the Park as they now
exist or as they may be hereinafter amended.
(5) processina Tenant comnlaints. ReQUests and Inout.
Consultant shall maintain businesslike relations with tenants,
whose service requests consultant shall receive, consider and
record in a systematic fashion which shows the action taken with
respect to each such request. consultant shall receive complaints
of residents of the Park and shall respond to such complaints in
consultant's reasonable discretion, subject to the direction of
city, and the limitations imposed by or pursuant to this Agreement.
Consultant agrees to maintain copies of any such complaints
received as well as correspondence from Consultant on behalf of
city, and make them available for city's inspection. Consultant
shall prepare and submit to a city representative designed by city
on a monthly basis a written summary of all tenant complaints and
input. Such summary shall include the date complaints are
received, the date of consultant's response to the complaint, a
description of any responsive action taken by consultant, and
copies of any written tenant complaints, attached. consultant
shall apprise the designated city representative of all serious
tenant complaints, as determined in Consultant's reasonable
· discretion or as otherwise defined by the city, within 24 hours of
consultant's receipt of such complaint. Consultant shall discuss
with city the effectiveness of the above-described tenant complaint
processing procedures, from time to time, and such procedures may
be adjusted, from time to time, accordingly, or as city otherwise
directs. such adjustments may include the creation of a tenant
complaint review committee, comprised in part, of Park residents.
(6) ~ooks and Records. Consultant shall prepare and
maintain accurate books and records in a form acceptable to city in
connection with all matters arising under the terms of this
Agreement. Such records shall include accurate financial records
· with correct entries of all receipts and expenditures incident to
the operations of the park and the performance of this Agreement
4
JfJ'J~
·
and complete and accurate records of all transactions relating to
the Park, including receipts and all correspondence and data
relating thereto. The books and records required to be maintained
by Consultant pursuant to this Agreement shall indicate and
separately state all sums received from each tenant or occupant of
the Park. On a monthly basis, Consultant shall provide an
accurate and detailed statement listing collections, disbursements,
delinquencies, uncollectible accounts, vacancies, expenses, and
other relevant information pertaining to the operation of the Park.
In addition, Consultant shall furnish such other and additional
information concerning the operation of the Park as City may from
time to time request.
All books and records pertaining to the Park shall be the
property of City. Consultant shall allow City, or their designees,
during normal business hours, access to the records and
correspondence of City pertaining to any transaction arising out of
this Agreement. From time to time, Consultant shall allow such
books and records to be examined and aUdited by a certified public
accountant, selected by City. Consul tant shall cooperate with
City's independent public accountants in connection with the audit
and other services to be provided to City by such accountants. In
the event of the termination of this Agreement, Consultant
specifically agrees to turn over to City, at the date of such
termination or withdrawal, all records, correspondence and
documents pertaining to the Park.
(?) Maintenance and ReDairs. Consultant shall maintain
the Park in good condition and repair and as otherwise specifically
provided in accordance with policies and guidelines adopted by
City. In connection therewith, Consultant shall have the right (a)
to make, or cause to be made, and supervise repairs, decorations
and alterations to the Park; and (b) to purchase Supplies and pay
all bills therefor, subject in all respects to other provisions
hereof. Consul tant agrees to obtain a minimum of three (3)
estimates for any such single repair in excess of five thousand
dollars ($5,000), except for emergency repairs. Consultant shall
obtain the prior written approval of city for any repair or other
expenditure costing more than five thousand dollars ($5,000),
except approved monthly or recurring charges, and emergency repairs
if in Consultant's opinion, delaying such repairs for the time
necessary to obtain such approval will risk injury or death to
persons or damage to property, or will subject the Park to fine or
penalties.
(8) Authoritv to Contract.
(a) In General. Consultant shall have the right to
enter into such agreements, contracts and arrangements as it may
deem necessary for the operation of the Park, consistent with the
terms and conditions as set forth herein. Without limiting the
generality of the foregoing, Consultant shall have the right to
5
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.~-~,..- ----. - -- ---.-
sign, renew, amend, enforce, terminate and/or cancel leases and/or
rental agreements for the park or any portion thereof, subject to
the right of city to approve the form of such leases and
agreements; to collect rents, security deposits, or other charges
and expenses due or to be become due and give receipts therefor; to
sign and serve in the name of city such notices as are appropriate;
with the specific written consent of the city Representative, to
institute and prosecute actions, in the name of consultant or in
the name of city, to recover rents and other sums due and otherwise
to enforce leases and rental agreements, including actions to
recover possession of the Park or any portion thereof, and when
expedient, to settle, compromise and release such actions or suits
or reinstate such tenancies, in each such instance with the written
consent of city.
(b) utilities and services. consultant shall have the
right to make contracts, in the capacity of agent for city, for
electricity, natural gas, fuel, water, telephone, cable TV, trash
or rubbish hauling, janitorial, security,· pool maintenance or
servicing, gardening and other utilities and/or services or such of
them as consultant shall deem advisable and as required by the
rental/lease agreements with the residents of the park.
(c) Emt>lovees. Consultant shall have the right to hire,
discharge and supervise all labor required for the operation of the
park. All such employees shall be the employees of consultant and
shall be adequately bonded, if required by city, in an amount
satisfactory to city. such employees shall be used for the
maintenance and operation of the park only.
(d) ~ub;ect to Financial considerations. All decisions
by Consultant with respect to any contract, agreement or other
arrangement for the setting of rents or charges for the use by any
tenant of space in the park shall be consistent with the obligation
of city to repay its financial obligations with respect to the Park
from the Revenues generated thereby. Upon written or oral notice
from city to Consultant stating that any action which consultant
proposes to take or refrain from taking could have the effect of
reducing Revenues below the amount required by city, consultant
. shall comply with all directions given to it by city with respect
to such action.
(9) Rental Assistant Proaram. consultant shall assist
city in the administration of a rental assistance program, if such
a program is instituted by city for the benefit of any tenant in
the Park.
(10) Lower-Income Tenants. consultant agrees to assist
city, as directed, in achieving its obligations to rent specified
percentages of the available spaces in the Park to Lower-Income
Tenants, and consultant shall abide by the requirements of any Low
. income regulatory agreement with respect to the park, lease or
6
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resale restrictions applicable to some or all of the Park units or
otherwise applicable low income standards identified by City.
Notwithstanding any other provision of this Agreement, Consultant
will hold vacant any mobilehome site the rental of which to a
Lower-Income Tenant is required to maintain the percentage of
Lower- Income Tenants required by such agreements or standards
pending the rental of such site to a Lower-Income Tenant.
Consultant will not give preference to any particular class or
group of persons in renting the mobilehome sites in the Park,
except to the extent that units are required to be occupied or held
available for occupancy by Lower-Income Tenants. Tenants in Lower-
Income Units will have equal access to and enjoyment of all common
facilities of the Park. All of the mobilehome sites in the Park
shall be leased or rented, or held available for lease or rental,
to the general public. Consultant will obtain and maintain on file
from each Lower-Income Tenant Certifications of Tenant Eligibility
in the form approved by the City. Consultant will maintain
complete and accurate records pertaining to the Lower-Income Units,
and will permit City to inspect the books an records of Consultant
pertaining to the income of Lower-Income Tenants residing the Park.
Consultant will prepare and submit reports as requested by City,
and shall assist in the preparation of a Certificate of Continuing
Program Compliance as directed by the City.
(11) Utilities. Taxes and Insurance. Consultant shall
pay from Revenues as provided herein, or otherwise arrange for the
payment of, all utility and other services supplied to the Park,
all taxes and assessments of any type or nature, if any, charged to
City on account of the ownership or operation of the Park or the
respective interests or estates therein; provided that with respect
to special assessments or other governmental charges that may
lawfully be paid in installments over a period of years, Consultant
shall pay only such installments as are required to be paid as and
when the same become due.
At the request of City, Consultant shall assist in
connection with any contest of any such taxes, assessments, utility
and other charges and, in the event of such contest, may permit the
taxes, assessments or other charges so contested to remain unpaid
during the period of such contest and any appeal therefrom unless
City shall notify Consultant that, in its opinion, by nonpayment of
any such items the interest of City in the park will be materially
endangered or the Park or any part thereof will be subject to loss
of forfeiture, in which event Consultant shall promptly pay such
taxes, assessments or charges out of Revenues as hereinafter
specified.
Consultant shall obtain and cause to be maintained
POlicies of comprehensive general liability and property insurance
wi th respect to the Park as may be directed by the City.
Consultant shall consult with the City from time to time (but at
7
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least annually) to discuss the adequacy of such insurance. city
shall give consultant written notice from time to time of the
insurance coverages required to be maintained by consultant under
this Section, and Consultant shall promptly comply with such
requirements.
(12) Meetinas with citv and/or Residents. Consultant
shall confer fully and freely with city in the performance of its
duties, and shall continue to remain informed regarding the Park.
Accordingly, Consultant shall attend from time to time, either at
the park or at the principal offices of city, such meetings,
conferences or consultations as city may reasonably require
including, without limitation, meetings with residents and resident
committees.
c:\ag\MHpropty...n
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CITY COUNCIL AGENDA ITEM #19
MEMORANDUM
March 17, 1994
TO: The Honorable Mayor and City counc~
VIA: John D. Goss, City Manager ~ ~ ./7 ~ S.
FROM: Chris Salomone, Community Development Director (_
SUBJECT: City Council 3/22/94 Agenda - Item #19
Item #19 (Request City Council Authorization to issue the "Request for Proposal to Manage a
Mobilehome Park for the City of Chula Vista Housing Authority") on the March 15, 1994 City
Council Agenda was continued which has necessitated changes to page 19-7, as noted below:
VII. TENTATIVE SCHEDULE FOR SELECTION
Ori~inaJ Due Date .¡111r
Applications mailed: March 17, 1994
RFP Response Deadline: April 11, 1994 I.II~;;.
Interviews Begin: late April 1994 .:11I0"1.
Committee recommended selection: May 2, 1994 .,,:[1;'11.
Final approval by Housing Authority: May 17, 1994 Ril_ii.
(C:IWP51ICOUNCll.\MEMOSIINF09410.MEM]
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