HomeMy WebLinkAboutAgenda Packet 1994/03/15
'" declere under penalty of perjury that I aWl
employad 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 IS, 1994 the Public rvi es Building and et City Hall on . Coun<;,iI Chambers
6:00 p.m. DATED, £! . SIGNED '- .. Pubhc Services Bulldmg
Re ar Meetin
CALL TO ORDER
1. ROLL CALL: Councilmembers Fox _, Horton _, Moore _, Rindone _, and
Mayor Nader _.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: March 8, 1994.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Oscar C. Arias - Cultural Arts Commission.
CONSENT CALENDAR
(Items 5 through 11)
The staff recommendations regarding the foUowing üems listed under the Consent Calendar will be enacted by
the Councü by one motion wühout discussion unless a Councümember, a member of the public or City staff
requests that the üem be pulled for discussion. If you wish to speak on one of these üems, please fill out a
"Request to Speak Form" available in the lobby and submU ü to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposüion to
the staff recommendation.) Items pulled from the Consent Calendar wül be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first üems of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from citizens of Fox Hills, Sunbow and East "J" Street requesting support in getting
the SDG&E transmission line diverted or put underground - James Wesley, M.D., President,
STOP, 1128 Sundown Lane, Chula Vista, CA 91911. It is recommended that this request be
referred to staff for evaluation and report back.
6. ORDINANCE 2582 ESTABLISHING THE TELEGRAPH CANYON SEWER PUMPED
FLOWS DEVELOPMENT IMPACT FEE TO PROVIDE FOR THE
CONTINGENT CONSTRUCTION OF SEWER IMPROVEMENTS
WITHIN THE TELEGRAPH CANYON SEWER BASIN IF SEW AGE IS
DIVERTED FROM SALT CREEK AND POGGI CANYONS AS A
CONDITION OF ISSUANCE OF BUILDING PERMITS FOR
CONSTRUCTION IN THE TELEGRAPH CANYON SEWER PUMPED
FLOWS BASIN (second readill2 and adootion) - On 10/20/92, the City
established the Telegraph Canyon Sewer Development Impact Fee. Based on
the "Telegraph Canyon Sewer Basin Improvement and Financing Plan
Amendment Incorporating Pumped Flows" a fee of $560 per pumped Equivalent
Dwelling Unit (EDU) should be established. Staff recommends Council place
the ordinance on second reading and adoption. (Director of Public Works)
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Agenda -2- March 15, 1994
7. ORDINANCE 2590 AMENDING SCHEDULE X, SECTION 10.48.050 OF THE MUNICIPAL
CODE - DECREASING STATE LAW MAXIMUM SPEED LIMITS IN
CERTAIN AREAS AND AFFIRMING A SPEED LIMIT OF 30 M.P.H. ON
OXFORD STRE~T FROM BROADWAY TO THE CUL-DE-SAC AT THE
WEST END, AND ADDING TIDS LOCATION TO SCHEDULE X (first
readilUl) - In response to a request from the Police Department and in the
interest of minimizing traffic hazards and congestion 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 west of Broadway. Staff
recommends Council place the ordinance on first reading. (Director of Public
Works)
8.A. RESOLUTION 17414 TERMINATING LEASE AGREEMENT WITII THE ASSEMBLY RULES
COMMITTEE AND APPROVING LEASE AGREEMENT WITH THE
SENATE RULES COMMITTEE OF THE STATE OF CALIFORNIA FOR
THE LEASING OF LEGISLATIVE OFFICE SPACE (SUITE B) TO
SENATOR STEVE PEACE - A two-year agreement for office space (Suite B)
leased to the Assembly Rules Committee (for Steve Peace) is scheduled to expire
in November 1994. With the recent election of Mr. Peace to the California
State Senate, the lease agreement for his office space needs to be changed to the
Senate Rules Committee. In addition, the Assembly Rules Committee desires
to lease the office space (Suite C) formerly occupied by Senator Wadie Deddeh.
New lease agreements are now proposed for both Suite B and Suite C at 430
Davidson Street. Both agreements are to be effective 1/10/94 and terminate on
11/30/94. Staff recommends approval of the resolutions. (Administration)
B. RESOLUTION 17415 TERMINATING LEASE AGREEMENT WITII THE SENATE RULES
COMMITTEE AND APPROVING LEASE AGREEMENT WITII THE
ASSEMBLY RULES COMMITTEE OF THE STATE OF CALIFORNIA
FOR THE LEASING OF LEGISLATIVE OFFICE SPACE (SUITE C)
9. RESOLUTION 17416 APPROVING AN AGREEMENT WITH THE SAN DIEGO UNIFIED
PORT DISTRICT FOR POLICE AND FIRE SERVICES FOR FISCAL
YEAR 1991/92 THROUGH FISCAL YEAR 1993/94, AND AUTHORIZING
MAYOR TO EXECUTE SAME - The City has been negotiating with the San
Diego Unified Port District on agreements for the provision of City police and
fire services to tidelands property within the City's jurisdiction. The agreement
under consideration covers the Fiscal Years 1991/92, 1992/93 and 1993/94, and
was approved by the Port District Board at its 2/22/94 meeting. The City is
currently negotiating a multi-year agreement for subsequent Fiscal Years. Staff
recommends approval of the resolution. (Management and Information
Services)
10. RESOLUTION 17417 ACCEPTING BIDS AND AWARDING CONTRACT FOR ONE 105 FOOT
AERIAL LADDER TRUCK TO SMEAL FIRE APPARATUS COMPANY;
REJECTING TWO BIDS AS NON-RESPONSIVE, AND AUTHORIZING
THE PURCHASING AGENT TO EXECUTE THE PURCHASE ORDER -
The 1972 Crown aerial ladder truck in use bas exceeded its replacement
schedule of 20 years and WII!< approved by Council to be replaced in Fiscal Year
1993/94. Staff recommends approval of the resolution. (Interim Finance
Administrator and Fire Chief)
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Agenda -3- March 15, 1994
11. RESOLUTION 17418 AMENDING SCHEDULE n, SECTION 10.52.030 OF THE MUNICIPAL
CODE - SPECIAL STOPS REQUIRED AND AFFIRMING TRIAL
TRAFFIC REGULATION NUMBER 131 FOR AN ALL-WAY STOP AT
RANCHO DEL REY PARKWAY AND PASEO RANCHERO AND
ADDING TIIIS LOCATION TO SCHEDULE n MAKING TIDS STOP
PERMANENT - Upon completion of the new Discovery Elementary School,
the City Engineer determined on the basis of Traffic Engineering studies that
there was a need to post an all-way stop at the intersection of Rancho del Rey
Parkway and Paseo Ranchero. Staff recommends approval of the resolution.
(Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foUowing üems have been ndvertised and/or posted as public hearings as required by law. lfyou wish to
speak to any üem, please fill out the "Request to Speak Form" available in the lobby and submU ü to the Cüy
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
12. PUBLIC HEARING PROPOSED FORMATION OF OPEN SPACE DISTRICT NUMBER 31,
TELEGRAPH CANYON ESTATES - On 1/25/94, Council approved the
Engineer's Report on the proposed Open Space District Number 31, Telegraph
Canyon Estates and set 3/8/94 and 3/15/94 as the dates for the public hearings
on the proposed formation. Staff recommends approval of the resolution.
(Director of Public Works)
RESOLUTION 17419 ORDERING THE IMPROVEMENTS AND THE FORMATION OF OPEN
SPACE MAINTENANCE DISTRICT NUMBER 31, TELEGRAPH
CANYON ESTATES, CONFIRMING THE DISTRICT DIAGRAM AND
LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1994/95
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Councü's jurisdiction that is not an üem on this agenda. (State law, however, generaUy prohibüs the Cüy
Councüfrom taking action on any issues not included on the posted agenda.) lfyou wish to address the Councü
on such a subject, please complete the yeUow "Request to Speak Under Oral Communications Form" available
in the lobby and submU ü to the Cüy Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action. Your time is limUed to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the Cüy Councü will consider üems which have been forwarded to them for considerotion by one
of the City's Boards, Commissions and/or Committees.
13. RESOLUTION 17420 APPROPRIATING $10,645 FROM THE UNAPPROPRIATED BALANCE
OF THE GENERAL FUND TO SUPPORT SEVERAL PROJECTS
PROPOSED BY THE CULTURAL ARTS COMMISSION - The Cultural
Arts Commission is interested in pursuing a number of projects that will enhance
the Commission's ability to provide a variety of services for the community.
Funding for the projects are not included in the Commission's Fiscal Year
1993/94 budget. The Commission recommends approval of the resolution.
(Cultural Arts Commission) 4/5th's vote required.
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Agenda -4- March 15, 1994
14. RESOLUTION 17421 ACCEPTING THE QUARTERLY REPORT FROM THE ECONOMIC
DEVELOPMENT COMMISSION, APPROVING THE WORKFORCE
DEVELOPMENT TEAM THREE-YEAR PLAN AND AGREEING TO CO-
SPONSOR THE SOUTII COUNTY WORKFORCEIEDUCATIONAL
DEVELOPMENT CONFERENCE IN PARTNERSHIP WITH
SWEETWATER UNIONIDGH SCHOOL DISTRICT, SOUTHWESTERN
COLLEGE, AND THE SAN DIEGO CONSORTIUM AND PRIVATE
INDUSTRY COUNCIL - The report is a quarterly progress update from the
Economic Development Commission (EDC) 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 EDC/WDT's Three-Year Plan. Staff recommends approval of the
resolution. (Director of Community Development)
15. REPORT TASKS, FUNCTIONS AND GOALS OF THE VETERANS COMMISSION
AND REQUEST FOR PERMANENT FORMATION OF A COMMISSION
Robert McCauley, Chair, and the Veterans Advisory Taskforce, 1987 Bucknell
St., Chula Vista, CA 91913.
ACTION ITEMS
The üems listed in this section of the agenda are expected to elicü substantiol discussions and deliberations by
the Councü, staff, or members of the general public. The üems wül be considered individually by the Councü
and staffrecommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a n Request to Speak n form available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limüed to five minutes.
16. RESOLUTION 17422 REVISING COUNCIL POLICY 159-02 "FUNDING-PRIVATE
ORGANIZATIONS OR INDIVIDUALS" - Council Policy 159-02, "Funding-
Private Organizations or Individuals", was adopted on 1/25/72. The 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 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)
17. RESOLUTION 17423 AUTIIORlZING 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)
_ _____m __ ______'..._.'_.___u
Agenda -5- March 15, 1994
18. RESOLUTION 17424 APPROVING THE 1994 HOME PROGRAM DESCRIPTION AND
AUTHORIZING ITS SUBMITTAL TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT - The City will receive $652,000
in HOME funds from the Federal government. In order to receive the funds,
the Agency must submit an annual program description which describes the
types of affordable housing activities they plan to undertake using the funds. In
its HOME program description, the City targets new construction, substantial
rehabilitation, and acquisition of both rental and for-sale housing. The City may
amend its HOME program description without Housing and Urban Development
approval if the City later finds it necessary to do so. Staff recommends
approval of the resolution. (Director of Community Development)
19. REPORT REQUESTING AUTHORIZATION 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)
20. REPORT EAST OT A Y MESA SPECIFIC PLAN - On 3/8/94, Council authorized staff
to forward correspondence to the County of San Diego Planning Commission
requesting a continuance of the review of the proposed East Otay Mesa Specific
Plan and accompanying Draft EIR to enable the City time to review revised
documents and comment on concerns. Staff has now prepared specific
comments relating to the Final EIR and Specific Plan documents contained in
a draft letter to the County. Staff recommends Council accept the report and
authorize staff to transmit the letter to the County of San Diego which identifies
specific concerns with the analysis contained in the Final EIR as well as policies
contained or lacking in the East Otay Mesa Specific Plan. (Director of
Planning)
21. REPORT UPOA TE 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 Councü will discuss üems which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be consitlered prior to those pulled by Councümembers.
Public comments are limüed to five minutes per individual.
OTHER BUSINESS
22. CITY MANAGER'S REPORT(s)
a. Scheduling of meetings.
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Agenda -6- March 15, 1994
23. MAYOR'S REPORT(s)
a. Ratification of appointment to the Design Review Committee - Patricia B. Kelly.
24. COUNCIL COMMENTS
Councilwoman Horton
a. Cultural Diversity/Sensitivity Training.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
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).
The meeting will adjourn to (a closed session and thence to) the Regnlar City Council Meeting on March 22, 1994
at 6:00 p.m. in the City Council Chambers.
A Joint Meeting of the City Council /Redevelopment 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 CouncillRedevelopment Agency.
- - ----.---.--'.. . _.._.___.__n.___" .~____.__
March 10, 1994
TO: The Honorable Mayor and City. counc~
FROM: John D. Goss, City Manager ~ ~0 .4 ~
SUBJECT: City Council Meeting of March IS-; 1994
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, March 15, 1994. Comments regarding the Written
Communications are as follows:
5a. This is a letter from citizens of Fox Hills, Sunbow and East "J" Street
requesting support in getting the SDG&E transmission line diverted or put
underground. Attached for your information is a status report presenting
a chronology of past actions on this issue, as we 11 as informat ion on
not if i cat ion of residents. IT IS RECOMMENDED THAT THIS REQUEST BE
REFERRED TO STAFF FOR EVALUATION AND REPORT BACK.
JDG:mab
. ..' _....._.__~_____.___._._,____..___..._.._ _____.._.___ ._.._._.._._".__~_ ,_________n___
INFORMATION MEMORANDUM
March 10, 1994
TO: Honorable Mayor & City Council . z£r
VIA: John D. Goss, City ManagerJ;1 ~ /2: ~
FROM: Chris Salomone, Community Development Director
SUBJECT: SDG&E Repowering Proposal - Status Report
In January, an information item was provided to the City Council advising that the California
Energy Commission (CEC) had issued their Preliminary Staff Assessment (PSA) for the SDG&E
South Bay Repowering project. A copy of the tentative schedule for CEC processing activities
also was included. The purpose of this memorandum is to report the recent activities related to
the PSA and the SDG&E project in general and to update the proposed schedule.
On February 2, 3, and 4, the CEC staff held a series of daytime and evening public information
meetings in Chula Vista to re-review the CEC's Application for Certification process and to
provide to interested persons an overview of each section of the PSA. (The PSA is an analysis
of the SDG&E Repower project which is the functional equivalent of CEQA and serves as the
planning document for the project.) The evening of February 3 had the highest attendance of
all six sessions. It is estimated that about twenty Chula Vista residents attended the meeting.
Several voiced their concerns. It appeared from the comments that the immediate concerns were
transmission line safety (EMF), property values, and visual impact of towers. A few people
attended both sessions on February 2 and two Chula Vista residents showed up for the February
4 evening session.
On February 21, 22, and 23 the CEC held a series of day and evening technical workshops on
the PSA. SDG&E, government agencies and interested organizations, and the public were
invited to attend and participate in the discussions. City staff verbally provided initial comments
on the PSA at that time. More in depth discussion, workshops, and analysis will be conducted
and written technical comments will be forwarded to the CEC.
The technical workshops were not as well attended by the public as the information meetings
earlier in the month of February. Again, the greatest concern to Chula Vista residents seemed
to be transmission line safety (EMF), property values, and visual impacts. An average of two
to three Chula Vista residents attended the evening sessions, one or two Chula Vista residents
attended the day time sessions.
It should be noted that the Energy Commission has compiled a mailing list of residents and
interested parties who are notified in writing ten days before all public meetings and workshops
that will be held concerning the SDG&E Repowering project. The list includes all Chula Vista
"-'"._..,-----_..__._._----_.~..._.._.._--_.._--_._-_.----- ---.-....-.,--.
residents who own property located adjacent to the SDG&E Power Plant site and transmission
line right-of-way. The list also includes residents and property owners who requested to be
placed on the CEC's mailing list. The latter group was included as a result of a information
packet that was hand delivered to all residents and property owners residing within two miles
of the power plant and 1000 feet of the transmission line right-of-way. Included in the packet
was a stamped postcard, addressed to the CEC, indicating that the sender would like to be
placed on the CEC's mailing list. Approximately 900 postcards were returned. About 50 %
were from Chula Vista residents according to the CEC staff.
A local telephone information line (telephone no. 585-5600) has been established by the Chula
Vista Community Development Department to provide to residents a brief description of the
Repowering project, an up-to-date schedule of CEC processing, and phone numbers for the
City's project manager, the CEC public advisor and a contact for SDG&E. Residents are
encouraged to call if they have questions or comments. The information line will be advertized
in April's edition of the Chula Vista Quarterly. In addition, the information number will be
installed as a scrolling public service announcement to be displayed on the broadcast of the
televised Council meetings beginning in April.
As a result of the discussions that took place during the PSA workshops, it appears that SDG&E
will be required to submit further information to the CEC before the Final Staff Assessment
(FSA) can be completed. (The FSA was scheduled to be issued in late March.) Therefore, a
delay in the schedule will most certainly occur. It's estimated that three to four months will be
necessary to complete the additional studies and analysis. As was reported to the Council in
January, it is staff s intention to present City's staff report and recommendations to the City
Council following the issuance of the CEC's Final Staff Assessment and before the evidentiary
hearings begin. Until that time, City staff will continue to monitor the project and participate.
in workshops and other activities involving the project.
CS/PRB:ss
cc: Sid Morris, Assistant City Manager
[ c:\wpwin\BuchanIMemos\rpwrstatl
__~ ____________.m.__......__._. ___.__ . M__' -.--. ------.-.-..--..-
·
STOP '94 MAR -8 p.1 :16
~RANSMISSION LINES \ CITY OF CH1JL ,t V: T A
"~\ CITY r ., .,. [,r,(ç
OVER ~ ,\........".,,-
PEOPLE ~ ~.,._-
Chula Vista
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ru iUJ.
Tim Nader
Mayor
city of Chula Vista
Dear Mayor Nader,
S.T.O.P. is an organization of citizens of Fox Hills, Sunbow
and East J Street neighborhoods opposed to the repowering project
of the J Street power plant. SDG&E proposes to add another
transmission line next to the one that already exists across east
Chula Vista to Mount Miguel.
We have voiced our opposition to the California Energy
Commission staff at public meetings. These transmission towers
are ugly, noisy and have no place in residential neighborhoods.
'2.'2.0
Enclosed is a petition signed by~Chula Vistans as well
as our position paper and recent articles in the Star News. We
wish that this issue be placed on the City Council agenda under
written response as required in the city charter.
Thank you,
S::~~ M~
President TOP
,
tt: >Jr-(o/) . WllnlN COMMUNlCA TfC¡H;~~
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Cesar Lopez
Vice President STOP
cc John Goss- city Manager
Shirley Horton
Len Moore
Bob Fox
Jerry Rindone
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STOP
1LRANSMISSION LINES
OVER
PEOPLE
Chula vista
STOP
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Fox HUh
STEERING COMMITTEE MEMBERS
Phyllis Altomare Chula vista. CA. ..~
Luis Hernandez Ayup Chula Vista, Ca. ~
Larry and Janet Laughery Chula Vista, Ca.
Cesar Lopez Chula Vista, Ca. ~
Nancy Ramos Chula Vista, Ca.
James and Louise Wesley Chula vista, Ca
SA "3
-----~---_. "..----. --------~~~-
,
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STOP SDG$E DESTROCT~OK OF StJKBOW ClUfYOII! !
.
San Diego Gas and Electric currently has a proposal before
the California Energy Commission to construct a second high
voltage transmission line through our neighborhood. This
unquestionably will impact the quality of life for Sunbow
residents in the following ways;
1. The second series of towers will be ugly. They will be
like the towers already in the canyon.
2. The noise from electrical discharges will increase.
3. The Electromagnetic force surrounding the canyon area
will increase. Scientists have not proven the harmful
effects of EMF, but the public has!
4 . Property values will unquestionably decrease.
Many of your neighbors are pooling resources to combat this
intrusion into our neighborhood. We hope to either divert this
line or have the power company bury it underground. You can help
preserve our way of life here in sunbow by;
-signing a petition voicing your opposition to the above
ground transmission wires.
-contact the Public Advisor's Office of the California
Energy Comrnision. Voice your opposition and get on a mailing list
of upcoming public meetings regarding this project. (800) 822-
6228 or (916) 654-4489.
-call the city of Chula Vista and oppose this project.
Pamela R. Buchan
Community Development Department
691-5248
-contact your neighborhood committee members and tell us
your opinion. We will be attending state and city meetings to
strongly voice opposition and we need your imput.
Phyllis Altomare
1160 Sundown Lane
482-7074
5~ .. '1
__ __._._.__~_____.____.m.__._·_·,__·_·______'___
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and Janet Laughery /
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James and Louise Wesley r '\ ';
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This project will proceed if we don't fight it.
We, the undersigned, oppose another overhead transmission line
through our neighborhood.
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This project will proceed if we don't fight it.
We, the undersigned, oppose another overhead transmission line
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This project will proceed if we don't fight it.
We, the undersigned, oppose another overhead transmission line
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This project will proceed if we don't fight it.
We, the undersigned, oppose another overhead transmission line
through our neighborhood.
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COUNCn.. AGENDA STATEMENT
Item
Meeting Date 2 !
~~
ITEM TITLE: Public Hearing on Adoption of the Telegraph Canyon Sewer PumpedFlo Fee J, ~
~)\O } 9'/
Ordinance ~>8' ~ Establishing the Telegraph C~~ ~er Pumped
Flows Development Impact Fee (DIF) to Pay for Sewer vements within
the Telegraph Canyon Sewer Basin 'D\\~~
q/ ~~
SUBMITTED BY: Director of Public Works, ~<:';"'F)~'V
REVIEWED BY: City Manager0t~ bt.ð 1i~ì .. (4/5ths Vote: Yes_No",L)
On October 20, 1992, the City established the Telegraph Canyon Sewer Development Impact Fee of
$184 per Equivalent Dwelling Unit (EDU), as recommended in the Telegraph Canyon Sewer Basin
Improvement and Financing Plan prepared by Willdan Associates. A subsequent amendment to that
plan entitled "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment
Incorporating Pumped Flows", provides for the pumping of flows generated by the EastLake and Salt
Creek Ranch Developments within the Salt Creek Basin, and EastLake Development within the Poggi
Canyon Basin into the Telegraph Canyon Sewer Basin, Based on this plan and as updated by staff,
a fee of $560 per pumped EDU should be established,
RECOMMENDATION: That Council conduct subject public hearing and place the Ordinance
establishing the Telegraph Canyon Sewer Pumped Flows Development Impact Fee on the first reading,
This ordinance allows developers to use a Letter of Credit as an alternative to payment of impact fees,
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
The Telegraph Canyon Sewer Basin Improvement and Financing Plan for the gravity flow basin was
prepared by Willdan Associates on July 31, 1992. This report included an estimate of sewage flows,
recommended the type, size and location of improvements, and established a fee for gravity flows
tributary to the Telegraph Canyon Basin. Based on the report's recommendations, the City Council
established a Development Impact Fee of $184 per Equivalent Dwelling Unit on October 20, 1992,
At the time that the gravity basin plan was being prepared, staff recognized that Eastlake Development
would temporarily pump flows from portions of EastLake Greens located in the Salt Creek and Poggi
Canyon Basins into the Telegraph Canyon Basin. These flows were nòt included in the gravity basin
plan because it was anticipated that most of them would be re-routed to the new Salt Creek Trunk
Sewer within approximately two years. However, due to the uncertainty of the type and construction
schedule of downstream facilities, it now appears that the pumped flows may remam in the Telegraph
Canyon Basin for several years. These flows therefore need to be included in the design capacity of
the Telegraph Canyon sewer line. According to the Salt Creek Basin Gravity Sewer Analysis report
, ¿/)
- ,. ,
Page 2, Item 1
Meeting Date 2/15/94
prepared by Wilson Engineering (9/22/93), the Salt Creek Basin flows will be eventually conveyed
to either the future Otay Valley Water Reclamation plant, the existing Metro trunk sewer, or the City
of San Diego's Otay Valley Trunk Sewer/Prison Line. The properties anticipated to convey flows to
the Salt Creek Interceptor include:
]) Salt Creek Ranch
2) EastLake (Business Center, Greens, Woods, Vistas, Trails and Olympic Training
Center)
3) Otay Ranch (Otay River Valley, Proctor Valley, and San Ysidro Parcels)
4) Hidden Valley Estates
City Council approved an amendment to the Telegraph Canyon Gravity Basin Plan to include the
pumped flows generated by EastLake and Salt Creek Ranch Developments within the Salt Creek
Basin, and EastLake Development within the Poggi Canyon Basin (pumped Flows Report), This
report was completed by WilIdan Associates on June 9, ]993,
According to the Pumped Flows Report, sewage from a total of 7,800 EDUs will temporarily need
to be pumped into the Telegraph Canyon Basin. This includes 3,592 single family and 3,137 multiple
family dwelling units (including apartments and condominiums), the Olympic Training Center, 29.2
acres of commercial use, six schools, 75.1 acres of parks, 15.8 acres of Community Purpose Facilities
and a reservoir site.
The incorporation of the pumped flows in the plan results in an additional 25,280 feet of parallel or
replacement sewer lines being required, The construction cost will increase from an estimated
$1,740,290 for only the gravity flow basin to $5,890,246 for the gravity basin plus pumped flows.
The higher cost of upgrading the sewer to serve pumped flows is due to the fact that the original
design for the Telegraph Canyon Trunk sewer included capacity for anticipated future gravity basin
flows but not pumped flows (Report on Collection, Treatment and Disposal of Sewage and Industrial
Waste, Engineering Science 1959).
The pumped flows report analyzed two fee conditions for distributing the cost of improvements
between the gravity and pumped flow basins. Both fee conditions assumed that the sewer segments
which needed improvements only if pumped flows were added would be paid entirely by the pumped
flow developments. Fee condition I allocated the remaining costs based on the proportion of
maximum pumped flows to maximum total flows (gravity plus pumped) to the pumped flow
developments . Fee condition n allocated to the pumped flow developments the difference in cost
between the total facilities and the facilities needed to serve the gravity basin flows only. The fees
calculated for the pumped flow developments were $615 per EDU for Condition I, and $553 for
Condition n. The fees for the gravity flow basin would be reduced to $135 per EDU under Condition
I, and would remain at $184 per EDU under Condition n.
In the fmal report, the number of EDU's used for assessment of the capacity fee was reduced from
7,800 to 7,508 to account for the building permits already issued. However, after the report was
completed, City staff updated that number from 7,508 to 7,416 based on a field investigation and
current information from the Building and Housing Department. Consequently, the fees were revised
~ ?~;l
-- -~._.---,_.._.~--- --
Page 3, Item~
Meeting Date 2/15/94
to $622 for Fee Condition I, and $560 for Fee Condition II. City staff recommends the adoption of
the $560 per EDU fee obtained by Condition II. These flows are temporary and the pumped fee is
relatively high, It would seem most reasonable to require the pumped flow developments to pay only
for the additional facilities required to provide for these flows. Under this option, the fee for gravity
basin developments would not need to be modified.
We provided EastLake and Baldwin with information on the report preparation at various stages, The
information on projected development and land uses was confirmed by them, and their comments were
addressed in the final report.
A public meeting was held on September 21, 1993 to discuss the fmal report and staff
recommendations for establishing the fee and was attended by representatives of EastLake
Development and the Baldwin Co.. Bruce Sloan, of EastLake Development, requested that the
revenues from the gravity basin DIF and the pumped basin DIF be deposited in different accounts
to allow an easier transfer of funds to the Salt Creek Trunk fund if required, Such a transfer would
be inconsistent with our intention to refund unused DIF collections to the homeowners rather than to
the developers and therefore staff does not support the proposal. Mark Burbrink of Wilson
Engineering and Jeff Warmoth of The Baldwin Co. requested that the City perform flow simulations
and monitoring more frequently than yearly to obtain a more accurate assessment of upgrading
requirements, Engineering Staff has software provided by the consultant and proposes to update the
computer models as individual developments occur, Staff will then schedule periodic flow metering
at strategic locations in the basin to detect sewer capacity deficiencies which will trigger the sewer
improvements.
The pumped flows report recommends replacing the sewers along J Street downstream of the
intersection of Hilltop Drive and J Street instead of paralleling the existing facilities, This is mainly
due to the existence of numerous underground utilities, including an existing parallel sewer. The
developers inquired about the possibility of combining sewer rehabilitation funds (from Fund 226)
with DIF funds for construction in that area, Since the use of this fund is restricted to repair or
rehabilitation of facilities and the upgrading is for the expansion of capacity, staff does not support
this proposal.
Projects are included in the Sewer Rehabilitation Program based on the results of sewer TV
inspections. These inspections are performed in phases according to the age of the lines,
Approximately 55% of the existing parallel sewers on J Street were constructed in the early 1970's,
These lines are too new to require extensive rehabilitation and will not be televised in the near future,
The other sewer segments were built in two phases, one in 1959 and the other in 1964. These
segments will be televised at the time the upgrades are needed to assess the need for rehabilitation,
If it is found that rehabilitation work is needed, the estimated cost associated with that rehabilitation
could be contributed by the City to partially offset the replacement cost.
The agenda statement and ordinance prepared for the December 7, 1993 Council meeting stipulated
that the Telegraph Canyon Sewer Pumped Flows DIF would be payable at the time the building
permits were issued, EastLake Development and Baldwin Co. staff members requested that the City
~ ¿:-3
~
-'-"-'-"--~'----"-----"-'-'-----"'----'-
Page 4, Item~
" Meeting Date 2/15/94
consider use of a Letter of Credit in lieu of payment. They were concerned about the need to pay
sewer fees to construct facilities in both the Telegraph Canyon and Salt Creek basins,
The proposed ordinance now includes the option of providing a Letter of Credit for the applicable DIP
amount in lieu of paying the fee in cash, This Letter of Credit shaU be placed on deposit with the
City at or prior to the time a final subdivision map is approved by the City for unils subject to the
DIF. The amount of the Letter of Credit may be adjusted 10 reflect changes in land use or density,
updated COSIs of construction, or completion of segmenls of improvement. The City may draw on the
Letter of Credit, I) to plan, design and construct Telegraph Canyon sewer facilities, 2) if the property
owner fails to maintain the required amount in the Letter, or 3) if there is a risk that the Letter of
Credit may not be honored in the future.
Environmental review of this project is not necessary at this time, Such review will be performed
later, prior to project construction, At that time, an Initial Study Application will need to be filed with
the City of Chula Vista Planning Department in accordance with CEQA requiremenls.
City staff prepared the enclosed map (Exhibit 2) showing the developmenls subject to pumping and
the basin boundaries which will be used for fee assessment purposes. A portion of the boundary line
along the east side of the basin was based on tentative maps and the natural ridge line and will be
amended in the future as additional development information becomes available,
FISCAL IMPACT: Passage of this ordinance will result in revenues of approximately $4,149,956,
plus increases due to an annual adjustment for inflation, These revenues plus the $1,740,290 obtained
from the gravity basin developmenls would be specificaUy used for design and construction of sewer
improvemenls and flow monitoring in the Telegraph Canyon Basin,
RM:ST-002
Exhibils: I. Revised Fee Calculation
2. Map of Developmenls Subject to Pumping
WI'C F:'aOME\ENGINEERIAGENDAITCI'UMPFI!.A13
;tr¿.. '/
-
EXHIBIT 1
. Telegraph Canyon Sewer Basin Improvement and Financing
Plan Amendment Incorporating Pumped Flows
Maximum number of EDU's estimated in the basin a 7,800
EDU's available for assessment of Capacity fea - 7.800 - EDU's permittad In the basin
Number of units built or building pennlts Issued as of September 1993
Eestlake Greens
Subdivision Units EdulEqulv II of EDUs l
Unit 17 136 0.75 102
UnitS 14 1.00 14
Unit 11 38 1.00 38
Unit 8 26 1,00 26
Unit 14 2 1.00 2
Sub Total .. 182
Other Exlstlnv EDU's
EstimetedEDUs from Eastlake High School - 192
Estimsted EDUs from Esstlake Golf Club House - 10
Sub Total .. 202
Tot" axlsting/pennltted EDUs In the basin - 384
£DU's available for assessment of Capacity fee a 7.800 - 384 - 7.416
Revised F.. Calculation
Condition 1: $4,614.499 _ $622.24 per EDU
(7,800-384)
Condition 2- $4.149,956 _ .559.59 per EDU ; use .560.00 per EDU Recommended
(7.800-384)
A:\I'EERECAL.X1S
R. Mirlndll 10112/93
. J~ / /
EXHIBIT ,
. Telegraph Canyon Sewer Basin Improvement and Financing
Plan Amendment Incorporating Pumped Flows
Maximum number of EDU's estimated in the basin.. 7,800
EDU's evailable for .ssessment of Capacity fee.. 7,800 - EDU's permitted In the basin
Number of units built or building permits ".uad .. of September 1993
&stJaka Graen.
Subdivl.lon Unit. EdulEquiv II of EDU. l
Unit 17 136 0.75 102
UnitS 14 1.00 14
Unit 1 1 3B 1.00 38
Unit 8 26 1.00 26
Unit 14 2 1.00 2
Sub Tot.l .. 182
Oth.r Exhrtina EDU'.
EstimatedEDUs from Eastlake High School.. 192
Estim.tad EDUs from Eastlake Golf Club House '" 10 -
'.
Sub Total - 202
Total exi.tlng/permltted EDUs In the b.sln - 384
EDU'. avall.ble for ......ment of C.paclty faa .. 7,800 - 384 '" 7,416
Ravlsed Fø Calcul.tion
Cðnditinn ,. $4,614,499 '" $622.24 per EDU
(7,BOO-384)
Cnnditinn ~~ $4,149,956 - $559.59 per EDU ; use $560.00 per EDU Recommended
17.800-384)
A:\ÆERECALXLS
R. Miranda 10112193
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Page 1 ~
, ._ _...__.__._.._ _ _". __ _.m__.... .....__ _~..__._____n_.~__ _._~___._._,__..
INFORMATION PACKET
SCANNED AT FIRST READING
OF THIS ORDINANCE ON:
.3/g/91-
O?\\O~
~í) þ..'iJ
ORDINANCE NO. 2582 ß~í)\~G
AN ORDINANCE OF THE CITY OF ~ VISTA,
CALIFORNIA ESTABLISHING THE TELEGRAPH CANYON
SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE TO
PROVIDE FOR THE CONTINGENT CONsTRUCTION OF
SEWER IMPROVEMENTS WITHIN THE TELEGRAPH CANYON
SEWER BASIN IF SEWAGE IS DIVERTED FROM SALT
CREEK AND POGGI CANYONS AS A CONDITION OF
ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION
IN THE TELEGRAPH CANYON SEWER PUMPED FLOWS
BASIN
WHEREAS, developers of land within the City should be required
to mitigate the burden created by development through the construc-
tion or improvement of sewer facilities within the boundaries of
the development and either the construction or improvement of sewer
facilities outside the boundaries of the development which are
needed to provide service to the development in accordance with
city standards or the payment of a fee to finance a development's
appropriate portion of the total cost of the sewer facilities; and,
WHEREAS, all development within the city contributes to the
cumulative burden on various sewer facilities in direct relation-
ship to the amount of population generated by the development or
the gross acreage of the commercial or industrial land in the
development; and,
WHEREAS, the Telegraph Canyon Sewer Pumped Flows Basin
("Pumped Flows Basin") is that area of land shown on the map
attached hereto as Exhibit "2" (Exhibit 1 omitted) which map is
generally comprised of those portions of Poggi Canyon and Salt
Cree~ drainage basin within the city of Chula Vista, or its sphere
of influence, from which wastewater will be collected and pumped
into the Telegraph Canyon Sewer Basin ("Gravity Basin"); and,
WHEREAS, the city desires and desired to oversize the Gravity
Basin sewer facilities as a backup plan in order to accommodate
sewage flow from the pumped Flows Basin in the event that flows
from the Pumped Flows Basin, in combination with the Gravity Basin
flows, exceed the capacity of the Gravity Basin sewage system
before adequate alternate sewage facilities (gravity drainage,
treatment plants, reclamation plants, etc.) are available in the
salt Creek and poggi Canyon drainage basins to handle the Pumped
Flows; and,
WHEREAS, this was and is intended to be a "backup plan"
inasmuch as the City expects that the flows in the Pumped Flows
Basin will, with the construction of the necessary sewer facilities
("Poggi Canyon/salt Creek Facilities"), eventually drain by gravity
flow into the Poggi Canyon and Salt Creek sewer Basins ("Poggi
--1#-/ ¿ '/
. ,__ _._._..,_"',.,..__.______m._.______..~____~_
·
Canyon/Salt Creek Sewer Gravity Basins"), and then into the otay
Valley; and,
· WHEREAS, at such time as it appears, in the sole discretion of
the city council, that such Poggi Canyon/Salt Creek Facilities are
imminent of construction, it is the intention of the City Council
to terminate the imposition of this Development Impact Fee, and
further, at such time and in such manner as the City Council, in
its sole discretion, determines to be fair and equitable return any
unused funds to the property owners existing at that time of the
properties for which the fee was collected initially; and,
WHEREAS, on February 25, 1992 the city Council passed
Resolution No. 16518 approving an amendment to the agreement
between the City of Chula Vista and willdan Associates for
· preparation of said Backup Plan, therein referred to the
as
"Amended Plan"; and,
WHEREAS, on February 25, 1992 the city Council passed Reso-
lution No. 16519 approving the First Amendment to the Telegraph
Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement to
provide that EastLake should pay for the preparation of the
"Telegraph Canyon Sewer Basin Improvement and Financing Plan
Amendment Incorporating Pumped Flows" ("Backup Plan").
WHEREAS, pursuant to said agreement with Willdan, willdan
Associates have prepared a proposed Backup Plan dated June 9, 1993
for approval by the city Council (herewith done); and,
WHEREAS, on September 21, 1993 a public meeting was held
between Staff and the developers of developments located within the
Pumped Flows Basin to discuss the final Backup Plan and city Staff
recommendations for establishing the Telegraph Canyon Sewer Pumped
Flows Basin Development Impact Fee; and,
WHEREAS, on December 7, 1993 a Public Hearing was opened but
not completed before the city Council to provide an opportunity for
interested persons to be heard on the approval of the Backup Plan
and establishment of the Telegraph Canyon Sewer Pumped Flows Fee;
and,
WHEREAS, said hearing was continued various times the final
one of which was to February 15, 1994 (hereinafter referred to as
the "Public Hearing"); and,
f:\home\engineer\tcspump.rld Pumped Flows Basin DIF
February 25, 1994 Page 2
~¿,--g/
WHEREAS, the proposed Backup Plan determines that new
development within the Pumped Flows Basin will create adverse
impacts on the city's existing sewer facilities within the Gravity
Basin (to wit, that the sewage expected to be generated from new
development within the Pumped Flows Basin, when combined with the
sewage flows from the Gravity Basin, will exceed the capacity of
the current sewer system in the Gravity Basin). These impacts must
be mitigated by the financing and construction of certain sewer
facilities identified in this ordinance; and,
WHEREAS, said proposed Backup Plan (1) includes an estimate of
ultimate sewer flows anticipated from the Pumped Flows Basin; (2)
recommends improvements to handle the combined incremental
increases of sewage flow anticipated from the Pumped Flows Basin
and from the Gravity Basin; and (3) establishes a fee payable by
persons obtaining building permits for developments within the
pumped Flows Basin benefiting from Gravity Basin trunk sewer
improvements; and,
WHEREAS. sewer improvements and a fee to be levied on new
development in the Pumped Flows Basin have been justified in the
proposed Backup Plan; and,
WHEREAS, the City Council determined, based upon the evidence
presented at the Public Hearing, including, but not limited to, the
Backup Plan and the various reports and other information received
by the City Council in the course of its business, that imposition
of the sewer facilities development impact fee on all developments
within the Telegraph Canyon Sewer Pumped Flows Basin in the City of
Chula vista for which building permits have not yet been issued is
necessary in order to protect the public safety and welfare and to
ensure effective implementation of the city's General Plan; and,
WHEREAS, the city Council has determined that the amount of
the fee levied by this ordinance does not exceed the estimated cost
of providing the public facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES ORDAIN AS FOLLOWS:
section 1. Approval of Backup Plan.
The City council has independently reviewed the proposed
Backup Plan herewith presented, finds that it is fair, reasonable
f:\home\engineer\tcspump.rld Pumped Flows Basin DIF
February 25, 1994 Page 3
~ ¿;~J
.~"._._... _.'._.___'____.___n ._____._.__.~_ ____._______.~__ ..______.__...._
and equitable to all parties, and herewith adopts same in the form
on file with the City Clerk as Document No. , and on file in
the Office of the City Engineer.
section 2. "Facilities".
The facilities which are the subject matter of the fee herein
established are fully described in the Backup Plan at page 24
thereof, and the locations at which they will be constructed
are more fully described on Plates 1 through 14 under the
section thereof entitled "Improvement Locations", all of which
facilities may be modified by the city Council from time to
time by resolution ("Facilities"). The city Council may
modify or amend the list of projects herein considered to be
part of the Facilities by written resolution in order to
maintain compliance with the City's capital Improvement
Program or to reflect changes in land development and
estimated and actual wastewater flow.
section 3. Territory to Which Fee Is Applicable.
The area of the City of Chula vista to which the Fee herein
established shall be applicable is set forth as an Exhibit to
the Backup Plan, entitled "Developments Subject to Pumping
(Pumped Flows Basin) , Telegraph Canyon Sewer Basin,
Improvement and Financing Plan Amendment, Incorporating Pumped
Flows," shown as being "Prepared: June 23, 1993" not yet
revised, shall be referred to herein as the "Territory" or
alternatively "Pumped Flows Basin" and is generally described
as that area to the East of the Telegraph Canyon Sewer Basin,
within the Salt Creek and Poggi canyon Basins.
section 4. Purpose.
By Ordinance No. 2533, the city Council approved a plan
("Gravity Basin Plan") for the financing and construction of
the sewer-related facilities necessary to serve only the
sewage transmission demands for the EDU's in the Gravity
Basin. The purpose of this ordinance is to provide the
necessary financing to oversize such sewer-related facilities
in the Telegraph Canyon Sewer Gravity Basin, as defined in
Ordinance No. 2533, section 2, Territory ("Gravity Basin"), to
accommodate sewage flows pumped into the Gravity Basin from
the Pumped Flows Basin.
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section 5. Establishment of Fee.
A development impact fee ("Fee"), to be expressed on a per
Equivalent Dwelling unit ("EDU") basis, and payable prior to
the issuance of a building permit unless security therefore by
Letter of Credit, as herein permitted, is on deposit with the
city, for a development project within the Territory, is
hereby established.
section 6. Due on Issuance of Building Permit; Exception for
Letters of Credit Procedure.
A. When Payable. The Fee shall be paid in cash upon
(early payment is not permitted) the issuance of a
building permit, except as provided in subparagraph B.
B. Letter of Credit. A building permit may issue
without the payment of the Fee in cash if (use of the
following procedure shall herein be referred to as the
"Letter of Credit Procedure") the Property owner of the
property for which the building permit is sought, or
her/his predecessor in interest, has placed on deposit
with the city Engineer at or prior to the time a final
subdivision map is approved by the city for the units
which would otherwise be subject to the Fee on the
issuance of a building permit, a letter of credit in a
form acceptable to the City Attorney and which, at a
minimum, provides for the following:
a. The Letter of Credit shall be irrevocable until
released in writing by the City in the manner
herein provided. It shall also specifically
provide that a change of ownership of the property
for which the Fee is payable shall not be a basis
for releasing or cancelling the Letter of Credit.
b. The Letter of Credit shall be for a term not
less than 3 years unless a shorter term is allowed
by the city Attorney in conjunction with the City
Engineer.
c. The Letter of Credit shall provide that at the
expiration of the Term, the bank issuing the Letter
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........-.-..-..-----.. -.....-.-.--.............-----.-...---..--- - ---_.~--_._-----,---
of Credit shall pay the full amount over to the
city unless the Term thereof is extended or the
obligation excused by written direction of the city
Attorney and city Engineer.
, d. The Letter of Credit shall provide that the
city may unconditionally draw on all or part of the
Amount on demand by the city by written notice
thereof and without offering any other
justification or documentation (Authority for draws
on the Letter of Credit as between the City and the
Beneficiary is hereinbelow provided).
e. The Letter of Credit shall initially be in a
minimum amount as determined by applying the rate
of the Fee times the number of Equivalent Dwelling
Units (IEDUs") within the territory of the Final
· Map. Such amount shall be increased or decreased
from time to time as the rate of the Fee is
adjusted by the City Council.
1. Right of city to Draw on the Letter of Credit.
:<_~~ ~~-_~~ The city may exercise its right to draw
, on the letter of credit in any of the
following circumstances.
a. The property owner who would otherwise be re-
sponsible for paying the Fee hereunder fails to
maintain the Letter of Credit in the minimum amount
· required by this Ordinance, in which case the full
amount of the Letter of Credit may be drawn upon by
the City.
b. The City determines, in its sole discretion,
that all or a portion of the Letter of Credit is
necessary to plan, design or construct, or other-
wise assist in the planning, design or construction
of, all or a portion of the Facilities, in which
case the City is authorized to draw, for each such
Facility, or portion thereof, from time to time as
· planning, design and construction proceeds, an
amount which represents the entire actual cost of
the Facility, including extra work and overruns,
times a fraction, the numerator of which equals the
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February 25, 1994 Page ~
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·
estimated costs of the Facility to be borne by the
Pumped Sewer Flows, as set forth in the latest
Engineer's Report updating the DIF, and the
denominator of which represents the total cost of
the Facility as estimated in the latest Engineer's
Report updating the DIF.
c. The property owner otherwise responsible for
the payment of the Fee takes any act or suffers any
act, or the bank on which the Letter of Credit is
drawn takes any act or suffers any act, which, in
the sole opinion and discretion of the City,
creates a reasonable risk that the Letter of Credit
may not be honored on demand by the City, in which
case the City is authorized to draw on the Letter
of Credit in such an amount as the City determines
is necessary to avoid the risk of loss.
2. Release of the Letter of Credit by City. The City
shall issue to the Bank written release of the Letter
of Credit, or such appropriate portion thereof, in any
of the following circumstances:
a. The beneficiary has constructed, or caused to
be constructed, to the satisfaction of the city,
the Facilities or portion thereof agreed to by the
City in accordance with the procedures for
developer construction hereinbelow set forth in
sections 12 and 13.
b. The city Council has determined, in its sole
discretion, that such Poggi Canyon/Salt Creek
Facilities are imminent of construction.
3. Remedies of City if Letter of Credit procedure
violated. In the event that a draw on the Letter of
Credit is not honored on demand as herein provided,
the beneficiary (e.g., the Developer) of the Letter of
Credit shall immediately deposit with the City the
full amount thereof in cash, which shall be deemed to
be a debt immediately due and payable of the benefici-
ary, and upon the failure to do so, the City is
authorized among other remedies, to institute
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February 25, 1994 Page 7
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- - ------------ ____.~._..._._..__,____._._._ _ ._._._....'__~·_M_·___'·____··__·__·__·
litigation and to withhold approval of any additional
permits or other entitlements.
section 7. Determination of Equivalent Development units.
Each single family detached dwelling or single family
attached dwelling shall be considered one EDU for
purposes of this Fee. Each unit within a mUlti-family
dwelling shall be considered .75 EDU. Every other
commercial, industrial, non-profit, public or quasi-
public, or other usage shall be charged at a rate
calculated in accordance with Figure 5, Page 9 of the
Backup Plan.
section 8. Time to Determine Amount Due; Advance Payment
Prohibited.
Unless the Letter of Credit Procedure is used, the Fee
for each development shall be calculated at the time of
building permit issuance and shall be the amount as
indicated at that time and not when the tentative map or
final map was granted or applied for, or when the
building permit plan check was conducted, or when
application was made for the building permit. If the
Letter of Credit Procedure is used, the amount of the
Letter of Credit shall be determined at the time the
Final Map is approved and shall be adjusted from time to
time as the City determines appropriate.
section 9. Purpose and Use of Fee.
The purpose of the Fee is to pay for the planning
(including preparation of the Backup Plan), design,
construction, repair, maintenance, and/or financing
(including the cost of interest and other financing costs
as appropriate) of the Facilities, or reimbursement to
the City or, at the discretion of the City if approved in
advance in writing, other third parties for advancing
costs actually incurred for planning, designing, con-
structing, or financing the Facilities.
section 10. Amount of Fee; Amendment of Master Fee Schedule.
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The Fee shall be calculated at the rate of $560 per EDU.
Chapter XV of the Master Fee Schedule is hereby amended
to add section B, which shall read as follows:
"B. Telegraph Canyon Sewer pumped Flows Development
Impact Fee.
This section is intended to memorialize the key pro-
visions of Ordinance No. , but said Ordinance
governs over the provisions of the Master Fee
Schedule. For example, in the event of a conflict in
interpretation between the Master Fee Schedule and the
ordinance, or in the event that additional rules
applicable to the imposition of the Fee, the language
of the Ordinance governs.
a. Territory to which Fee applicable.
The area of the city of Chula vista to which the
Fee herein established shall be applicable is set
forth as an Exhibit to the Backup Plan, entitled
"Developments Subject to pumping (Pumped Flows
Basin), Telegraph Canyon Sewer Basin, Improvement
and Financing Plan Amendment, Incorporating pumped
Flows," shown as being "prepared: June 23, 1993"
not yet revised, shall be referred to herein as the
"Territory" or alternatively "pumped Flows Basin"
and is generally described as that area to the East
of the Telegraph Canyon Sewer Basin, within the
Salt Creek and poggi canyon Basins.
b. Rate per EDU.
The Fee shall be calculated at the rate of $560 per
EDU, which rate shall be adjusted from time to time
by the City Council.
c. EDU calculation.
Each single family detached dwelling or single
family attached dwelling shall be considered one
EDU for purposes of this Fee. Each unit within a
multi-family dwelling shall be considered .75 EDU.
Every other commercial, industrial, non-profit,
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.
pUblic or quasi-public, or other usage shall be
charged at a rate calculated in accordance with
Figure 5, Page 9 of the Backup Plan.
d. When Payable.
The Fee shall be paid in cash not later than
immediately prior to the issuance of a building
. permit, except that a Letter of Credit Procedure is
permitted for this Fee in the adopting Ordinance,
as same may, from time to time, be amended."
The City Council intends to review the amount of the Fee
annually or from time to time. The City Council may, at
such reviews, adjust the amount of this Fee as necessary
to assure construction and operation of the Facilities,
the reasons for which adjustments may include, but are
limited to, the following: changes in the costs of the
Facilities as may be reflected by such index as the
Council deems appropriate, such as the Engineering-News
Record Construction Index; changes in the type, size,
location or cost of the Facilities to be financed by the
Fee; changes in land use on approved tentative maps or
Specific Plan Amendments; other sound engineering,
financing and planning information. Adjustments to the
above Fee may be made by resolution amending the Master
Fee Schedule.
section 11. Authority for Accounting and Expenditures
The proceeds collected from the imposition of the Fee
shall be deposited into a public facility financing fund
("Telegraph Canyon Sewer Basin Pumped Flows Development
Impact Fee Fund", or alternatively herein "Fund" or
"TCSBPF DIF Fund") which is hereby created and such
proceeds shall be expended only for the purposes set
forth in this ordinance.
The Director of Finance is authorized to establish
various accounts within the Fund for the Facilities
identified in this ordinance and to periodically make
expenditures from the Fund for the purposes set forth
herein in accordance with the facilities phasing plan or
capital improvement plan adopted by the City Council.
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section 12. Revision and Refund of Fees
A. Suspension. At such time ("Gravity Access Point in
Time") as a parcel of property within the Territory is,
in the opinion of the city Engineer, able to obtain sewer
service by virtue of gravity sewer service available in
the Salt Creek or the Poggi Canyon Basins, the Fee for
such parcel shall be suspended.
B. Refund. If the Fee has already been paid in cash for
the parcel, the Fee shall be returned to the owner or
owners of the property at the time the Council passes a
written resolution certifying the completion of the
entire planned Poggi/Salt Creek Facilities for the
poggi/Salt Creek Sewer Gravity Basin system, and then to
each owner in a manner deemed fair and equitable by the
City Council. In the absence of an alternative
determination of fairness by the City Council, a refund
which divides the remaining unused balance by the EDU's
which contributed to the Fund sha 11 be deemed a fair
method.
C. Release of Letters of Credit. If the cash payment of
the Fee has been avoided by a developer by the deposit of
a Letter of Credit pursuant to the Letter of Credit
Procedure herein authorized, the Letter of Credit shall
be released either (1) at such time that the city Council
certifies by written resolution that the entire
Poggi/Salt Creek Sewer Gravity Basin Facilities exists
for all parts of the Salt Creek and Poggi Canyons or (2)
at such sooner time as the city Council determines that
the total balance of the letters of credit is not
necessary to complete the planning, design and con-
struction of the Facilities (Le. , in Telegraph Canyon
Sewer Basin), certifies the amount needed to complete
construction of the Facili ties, and authorizes the
release of 75% of the remainder by written resolution,
specifying the recipients of such released Letters of
Credit in a fair and equitable manner.
Section 13. Findings.
The city council finds that collection of the Fees established
by this ordinance at the time of the building permit is
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February 25, 1994 Page 11
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_____ .. ___._~,,_._ ~______.'___'___._,,____.___."__" __._,_____u._____,_~__._
necessary to ensure that funds will be available for the
construction of facilities concurrent with the need for these
facilities and to ensure certainty in the capital facilities
budgeting for growth impacted public facilities.
section 14. Fee Additional to other Fees and Charges.
The Fee established by this section is in addition to the
requirements imposed by other City laws, policies or
regulations relating to the construction or the financing of
the construction of public improvements within subdivisions or
developments, and is specifically intended to be in addition
to a development impact fee for the construction of the Poggi
Canyon and/or Salt Creek Sewer Gravity Basin Facilities, such
that a payor of this fee may also be required to pay any
development impact fee charged for such facilities.
section 15. Mandatory Oversizing of Facility; Duty to Tender
Reimbursement Offer.
Whenever a developer of a development project in the Territory
of the Pumped Flows Basin is required as a condition of
approval of an entitlement (e.g., General Plan Amendment, Pre-
zoning, General Development Plan, SPA Plan, etc.) to cause a
portion of the sewer system which is the subject matter of a
Facilities enhancement planned for improvement under the
Gravity Basin Plan to be oversized under the Backup Plan, the
City may require the developer to install the Facilities
according to design specifications approved by the city, that
being with the supplemental size or capacity in order to
accommodate estimated ultimate flow as indicated in the Basin
Plan and subsequent amendments. If such a requirement is
imposed, the City shall first grant credits against the
developer's obligation to pay the Fee, and, as to any excess,
offer to reimburse the developer from the Fund either in cash
or over time as Fees are collected, at the option of the city,
for costs incurred by the developer for the design and
construction of the Facility not to exceed the estimated cost
of that particular Facility as included in the calculation and
updating of the Fee, and in an amount agreed to in advance of
their expenditure in writing by the City. The city may update
the Fee calculation as city deems appropriate prior to making
such offer. This duty to extend credits or offer
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reimbursement shall be independent of the developer's
obligation to pay the Fee.
section 16. Voluntary Construction of a Portion of the Facilities;
Duty of city to Tender Reimbursement Offer.
If a developer is willing and agrees in writing to design and
construct a portion of the Facilities in conjunction with the
prosecution of a development project within the Territory
("Work"), the city may, as part of the written agreement,
grant credits against the Developer's obligation to pay the
Fee, and may thereafter, use the proceeds of the Fund to
reimburse the developer from the Fund either at the time the
expenditures are incurred or over time as Fees are collected,
at the option of the city, for costs incurred by the developer
for the design and construction of the Facility not to exceed
the estimated cost of that particular Facility as included in
the calculation and updating of the Fee, and in an amount
agreed to in advance of their expenditure in writing by the
city. The city may update the Fee calculation as city deems
appropriate prior to making such offer. This duty to extend
credits or offer reimbursement shall be independent of the
developer's obligation to pay the Fee.
section 17. Procedure for Entitlement to Reimbursement Offer.
The City's extension of a credit or a reimbursement offer to
a developer pursuant to Section 15 or 16 above shall be
conditioned on the developer complying with the terms and
conditions of this section:
a. Written authorization shall be requested by the
developer from the City and issued by the city
council by written resolution before developer may
incur any costs eligible for reimbursement relating
to the Work.
b. The request for authorization sha 11 contain the
following information, and such other information
as may from time to time be requested by the City:
(1) Detailed descriptions of the Work with the
preliminary cost estimate.
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.. _ _._'."Mn_ _"__' "._._.."__,__._~._. ___._.'__"_.._"__.....__.,_'u.,,_,__,____ _
c. If the Council grants authorization, it shall be by
written agreement with the Developer, and on the
following conditions among such other conditions as
the Council may from time to time impose:
(1) Developer shall prepare all plans and
specifications and submit same to the City for
approval;
(2) Developer shall secure and dedicate any
right-of-way required for the Work;
(3) Developer shall secure all required permits
and environmental clearances necessary for
construction of the project;
(4) Developer shall provide performance bonds in a
form and amount, and with a surety satisfactory to
the city;
(5) Developer shall pay all City fees and costs.
(6) The City shall be held harmless and
indemnified, and upon demand by the City, defended
by the developer for any of the costs and
liabilities associated with the construction of the
project.
(7) The developer shall advance all necessary
funds to design and construct the project.
(8) The developer shall secure at least three (3)
qualified bids for work to be done. The
construction contract shall be granted to the
lowest qualified bidder. Any claims for additional
payment for extra work or charges during
construction shall be justified and shall be
documented to the satisfaction of the Director of
Public Works.
(9) The developer shall provide a detailed cost
estimate which itemizes those costs of the
construction attributable to the Work. The
estimate is preliminary and subject to final
f:\home\engineer\tcspump.rld Pumped Flows Basin DIF
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determination by the Director of Public Works upon
completion of the Public Facility Project.
(10) The agreement may provide that upon
determination of satisfactory incremental
completion of a Facility, as approved and certified
by the Director of Public Works, the city may pay
the developer progress payments, or grant
incremental credits, in an amount not to exceed 75
percent of the estimated cost of the construction
completed to the time of the progress payment but
shall provide in such case for the retention of 25%
of such costs until issuance by the city of a
Notice of Completion.
(11) The agreement may provide that any funds owed
to the developer as reimbursements may be applied
to the developer's obligations to pay the Fee for
building permits to be applied for in the future.
(12) When all work has been completed to the
satisfaction of the City, the developer shall
submit verification of payments made for the
construction of the project to the city. The
Director of Public Works shall make the final
determination on expenditures which are eligible
for reimbursement.
(13) After final determination of expenditures
eligible for reimbursement has been made by the
Public Works Director, the parties may agree to
offset the developer's duty to pay Fees required by
this ordinance against the City's duty to reimburse
the developer.
(14) If, after offset if any, funds are due the
developer under this section, the City shall
reimburse the developer from the Fund either at the
time the expenditures are incurred or over time as
Fees are collected, at the option of the City, for
eligible costs incurred by the developer for the
design and construction of the Facility not to
exceed the estimated cost of that particular
Facility as included in the calculation and
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- -----~_....--._--,---_.._- .._--_._.~_.__._------_.,._--~-----_.
,
updating of the Fee; or the developer may waive
reimbursement and use the amount due them as credit
against future Development Impact Fee obligations.
section 18. Procedure for Fee Modification
Any developer who, because of the nature or type of uses
proposed for a development project, contends that application
of the Fee imposed by this ordinance is unconstitutional or
unrelated to mitigation of the burdens of the development, may
apply to the City council for a modification of the Fee and
the manner in which it is calculated. The application shall
be made in writing and filed with the city Clerk not later
than ten (10) days after notice is given of the public hearing
on the development permit application for the project, or if
no development permit is required, at the time of the filing
of the building permit application. The application shall
state in detail the factual basis for the claim of modifica-
tion, and shall provide an engineering and accounting report
showing the overall impact on the DIF and the ability of the
City to complete construction of the Facilities by making the
modification requested by the applicant. The City council
shall make reasonable efforts to consider the application
within sixty (60) days after its filing. The decision of the
City Council shall be final. The procedure provided by this
section is additional to any other procedure authorized by law
for protection or challenging the Fee imposed by this
ordinance.
section 19. Fee Applicable to Public Agencies
Development projects by public agencies, including schools,
shall not be exempt from the provisions of the Fee.
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Section 20. Assessment District.
If any assessment or special taxing district is established to
design, construct and pay for any or all of the Facilities
("Work Alternatively Financed"), the owner or developer of a
project may apply to the city council for reimbursement from
the Fund in an amount equal to that portion of the cost
included in the calculation of the Fee attributable to the
Work Alternatively Financed. In this regard, the amount of
the reimbursement shall be based on the costs included in the
Backup Plan, as amended from time to time, and therefore, will
not include any portion of the financing costs associated with
the formation of the assessment or other special taxing
district.
Section 21. Expiration of this Ordinance.
This ordinance shall be of no further force and effect when
the city Council determines that the amount of Fees which have
been collected reaches an amount equal to the cost of the
Facilities.
section 22. Time Limit for Judicial Action.
Any judicial action or proceeding to attack, review, set
aside, void or annul this ordinance shall be brought within
the time period as established by Government Code section
54995 after the effective date of this ordinance.
section 23. CEQA Findings for statutory Exemption.
The City Council does hereby find that the Fee herein imposed
is for the purpose of obtaining funds for capital projects
necessary to maintain service within existing service areas.
The Council finds that the proposed Facilities are in existing
rights of way parallel to or replacing existing sewer lines.
Therefore, the city finds that the adoption of this Ordinance
is statutorily exempt under the provisions of Public Resources
Code section 21080 (b) (8) and CEQA Guidelines section 15273.
Section 24. Other Not Previously Defined Terms.
For the purposes of this ordinance, the following words or
phrases shall be construed as defined in this Section, unless
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February 25, 1994 Page 17
~¿-.:23
,---- o ".."_.______.~_____~._..__._____.__,____ ------,'--
from the context it appears that a different meaning is
intended.
(a) "Building Permit" means a permit required by and issued
pursuant to the Uniform Building Code as adopted by
reference by this city.
(b) "Developer" means the owner or developer of a
development.
(c) "Development Permit" means any discretionary permit,
entitlement or approval for a development project issued
under any zoning or subdivision ordinance of the city.
(d) "Development Project" or "Development" means any activity
described in Section 65927 and 65928 of the State
Government Code.
(e) "Single Family Attached Dwelling" means a single family
dwelling attached to another single family dwelling; each
on their own lot.
section 25. Effective Date.
This ordinance shall become effective sixty (60) days after
its second reading and adoption.
Presented by APp;Jved as tiC{ fOrmr{
l:.( 11/ 1- /
dt.~ l 1~-f1ï-./J.4-<¿Y
John P. Lippitt Bruce M. Boog~a:rd .
Director of Public Works city Attorney I
\ J
~
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February 25, 1994 Page 18
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COUNCIL AGENDA STATEMENT
Item--.2..
Meeting Date 3/15/94
ITEM TITLE: Ordinance ~S~(J Amending Schedule X, Section 10.48,050 of the
Chula Vista Municipal Code - Decreasing State Law Speed Limits in Certain
Areas and Affuming 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
SUBMITTED BY: Director of Public Work
REVIEWED BY: City Manager J~ ~ (4/5ths Vote: Yes_No....XJ
-z.
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 will 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 RECOMMENDATION: The Safety Commission on February 1O,
1994, voted MSUC 7-0, all members present, to support staff's 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
limìt 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 million
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-}
Page 2, Item~
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 10,12,030 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 [FXRJMJD]
WPC F:\home\c:ngineer\agenda\ordspeed
030294
Attachments: Area Plat
Engineering/Traffic Survey
Excerpt Safety Commission Minutes dated 2/10/94 (DRAFT) N'.Jf SCANNED
Trial Traffic Regulation #132 H~j)ll'SCANNED
7'.2.
. -~- ---- -.-."--..-..-'.--'-- .".-..-.,.--.-
ORDINANCE NO. ~S-9t7
AN ORDINANCE AMENDING SCHEDULE X, SECTION
10.48.050 OF THE CHULA VISTA MUNICIPAL CODE _
DECREASING STATE LAW MAXIMUM SPEED LIMITS IN
CERTAIN AREAS AND AFFIRMING 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
WHEREAS, 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
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 Ending At Speed
Street At Limit
Oxford Broadway The cul-de-sac 30 MPH
Street 1,335 ft. wlo
Broadway
SECTION II: This ordinance shall take eff t and be in full
force on the thirtieth day fram and er it~ . ption.
Presented by rove; s 0
John P. Lippitt, Director of Bruce M. Booga rd
Public Works 7'"' 3/ Attorney
1-i-
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I . SPEED LIMIT -- ENGINEERING/TRAFFIt SURVEY:
.
STREET: Oxford Street
( LIMITS: Broadwav to + 1335 w/e Broadwav
Existing Posted Speed Limit: un'Dosted !!PH
SUMMARY OF SPEED SURVEYS
Segment: Broadway to ± 1335 w/o Broadway
Date Taken: 8117/93
Number Vehicles on Sample: 100
85th Percentile Speed: 32 MPH
Jange of Speeds Recorded: 20-41 MPH
ROADWAY CHARACTERISTICS ,
Width 26 - 52 feet Number of lanes for both directions 2
Horizontal Alignment tanS1;ent
Vertical Alignment less than 2% max S1;rade
TRAFFIC CHARACTERISTICS .
Average Daily Traffic 6,440
On-Street Parking allowed
I Special Conditions Industrial and business area.
.
Accident History The accident rete at this segment (3.25 accidents per million vehicle
miles) is higher than the average rate (2.28) for similar roadways in the State of
California.
SURVEY RESULTS
Study vas Prepared by Steve Smith Date 8/18/93
Jlecogaendation Establish 30 !!PH apeed limit due to accident history.
Date recogaendation approved: 8 /~5 )93
By ~...... .;c. e- X. R.l./..IV&.t>-
Approved speed limit: 30 MPH
( Per evc 40803. Survey Expires: 8/17/98
?,,¿
------------ -- .-.........----.^'.----------...
MINUTES OF A REGULAR MEETING
OF THE CHULA VISTA SAFETY COMMISSION
Thursday, February 10, 1994 Counci I Chambers
7:07 p.m. Public SelVices Building
CALL TO ORDER
1. Roll Call:
Present: Chair Thomas, Vice Chair Padilla, Commissioners Bierd , Koester, Matacia, .
Pitts, and Smith
Also Present: Hal Rosenberg, Traffic Engineer; Frank Rivera, Associat~ Traffic Engineer;
Sgt. Gene D'Ablaing, Police Department; and Shirley Buxton, Recording
Secretary
2. PledlZe of AlletdancelSilent Praver
3. OoeninlZ Statement - Read by Chair Thomas
4. Aooroval of Minutes:
MSC (Koester/Matacia) to approve the minutes of November t 1, 1993 as presented. Approved 6-0-0-1 with
Commissioner Pitts abstaining.
5. Safety Commission Meeting Order of Progression - For Commissioner information.
MEETING AGENDA
6. REPORT AffirmingTrial Traffic Regulation #131 - All Way SlOp at Rancho Del Rey Parkway and Paseo
Ranchero
Frank Rivera presenled staff's report and indicated the Elementary School was in agreement with the stop sign
being made permanent.
MSUC (Koester/Pitts) 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/Smith) that the Safety Commission recommend that the City Council approve an ordinance
to make the speed 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, 818 Lori Lane, Chula Vista, CA 91910. Mr.
Hlava supported staff's recommendation to make the trial traffic regulations permanentand said the installation
of the stop sign and double yellow lines had improved the situation and that the neighbors were happy with
the changes. 7,,/
UNOFFICIAL MINUTES
---- ...-~._~--~-_.-
I .J/rCvf(
INFORMATION ITEM
~
September 7,1993
File:CY-027
TO: The Honorable Mayor and City counc~~
VIA: John D. Go~. a" M~"".J,. \>6 n;fi c¡r!
FROM: John P. Lippitt, Director of Public Works .
SUBJECT: Trial Traffic Regulation
Pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code, adopted by
Ordinance No. 1625 on May 27, 1975, the City Engineer has detennined that in the interest of
minimizing traffic hazards and congestion and for the purpose of the promoûon 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 Beginning At Ending At Speed Limit
Oxford Street Broadway The Cul-de-Sac 30 MPH
1,335' w/o Broadway
A traffic and engineering study, as required by State law, was conducted by staff and it was detennined
that the 85th percentile speed on Oxford Streel is 32 MPH between Broadway and the cul-de-sac wlúch
is 1,335 feet west of Broadway.
Oxford Street is an industrial roadway and does not have a posted speed limit Based on the above
mentioned traffic studies, and an accident rate of 3.25 accidents per million vehicle mües wlúch is lúgher ,
I
than the statewide average of 2.28 accidents per million velúcle miles, and the presence of several busy I
commercial driveway access points, it has been detennined that the speed limit shall be posted a1 30 MPH.
Said regulation to become effective upon the posting of signs or other appropriate notice, and shall nm
for a trial period of eight (8) months from the date of such posting, a1 wlúch time a review of said
regulation will be made to detenn ine if it should be made pennanent
cc: Safety Commission
\
7'?"
WI'C F:VICNNNG!NEER\I2~2.93
Trial Traffic '132
. ._.___..___ ___ __ ++__·····___·_·~·_u._..·__.
COUNCIL AGENDA STATEMENT
Item 3"
Meeting Date 3/15/94
ITEM TITLE: A. Resolution I?I./J'lrerminating lease agreement
with the Assembly Rules Committee and Approving
lease agreement between the City of Chula vista and
Senate Rules Committee of the State of California
for the leasing of legislative office space
(Suite B) to Senator Steve Peace
B. Resolution J7~/~erminating lease agreement
with the Senate Rules Committee and Approving lease
agreement between the City of Chula vista and
Assembly Rules Committee of the State of California
for the leasing of legislative office space
(Suite C) ~
SUBMITTED BY: Deputy City Manage~hOmSon J/
REVIEWED BY: City Manage~G. ~ -? (4/5THS Vote: Yes_No..lL)
A two-year agreement for office space (Suite B) leased to the
Assembly Rules Committee (for Steve Peace) is scheduled to expire
in November 1994. with the recent election of Mr. Peace to the
California State Senate, the lease agreement for his office space
needs to be changed to the Senate Rules Committee.
In addition, the Assembly Rules Committee desires to lease the
office space (Suite C) formerly occupied by Senator Wadie Deddeh.
New lease agreements are now proposed for both suite B and suite C
at 430 Davidson Street. Both agreements are to be effective
January 10, 1994, and terminate on November 30, 1994.
RECOMMENDATION: That Council adopt the resolutions approving the
lease agreements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City has leased office space to our legislative representatives
for many years. It serves a public purpose and is convenient for
local citizens to have City Hall and legislator offices in the same
location. Senator Peace has his main offices in Chula vista and a
satellite office in La Mesa.
8'~/
..----.._"- -..--_._~.'----'-"- ....-..----..--
Page 2, Item r
Meeting Date 3/15/94
Senate Rules Committee
The Senate Rules Committee currently has a lease for suite C at 430
Davidson Street, the City's legislative offices. suite C was
formerly occupied by Senator Deddeh's staff but is now vacant.
The Senate Rules Committee wishes to terminate the lease for
suite C and enter into a lease agreement for suite B, which is the
area occupied by steve Peace when he was a member of the Assembly.
Mr. Peace and his staff desire to remain in the same space now that
he is a member of the Senate.
suite B has an office space area of 1450 square feet. The proposed
lease has a term of January 10 (when Steve Peace took office) to
November 30, 1994. It provides that the 1993 monthly rent of $1.13
per square foot be increased to $1.15 per square foot reflecting
the increase in the San Diego Metropolitan Area Consumer Price
Index for the past twelve months. The monthly rent is $1,667.50
including custodial service and utilities, except for phone.
Assemblv Rules Committee
The Assembly Rules Committee currently has a lease for suite B in
the City's legislative offices. suite B has been occupied for
several years by steve Peace and his staff and they wish to retain
the space now that Mr. Peace is a Senator. This requires entering
into the aforementioned agreement with the Senate Rules Committee.
Although the Assembly position is currently vacant, the Assembly
Rules Committee wants to retain office space and proposes to lease
suite C (formerly occupied by Senator Deddeh's staff) in the city's
legislative offices. suite C has an office space area of 1458
square feet. The proposed term of the lease is January 10 to
November 30, 1994, the same as proposed for the Senate Rules
Committee. Either party may terminate the lease by giving notice
to the other party at least sixty (60) days prior to the date when
such termination will become effective.
There is also a provision in the lease allowing the State to prepay
rent for any portion of the lease term. In exchange for any
prepayment, the City agrees to calculate the net present value of
the prepaid rent using a discount rate of five percent and accept
the prepaid discounted rent for that portion of the lease term.
This will give the State the option of charging their current
budget for next year's rent if they so desire. It is also
advantageous to the City in that we receive the rental revenue
sooner for investment purposes.
?r...~
- --_.~--,----~._~_....~_... . ---_._.._-~-_..,-_..,--_._,------
Page 3, Item 8'"
Meeting Date 3/15/94
The Assembly Rules Committee is willing to pay a rent of $1.15 per
square foot for Suite C, which is the same as the rent proposed for
suite B with the Senate Rules Committee. The monthly rent is
$1,676.70 including custodial service and utilities, except for
phone.
FISCAL IMPACT
Rental income from the two leases will generate a gross annual
income of $35,450 in 1994. Deducting city expenses for utility and
custodial costs, the net income to the City's General Fund is
approximately $20,000 to $23,000. Other routine maintenance or
building improvement costs would further reduce the net income to
the city.
Attachment One - Proposed lease with Senate Rules Committee
Attachment Two - Proposed lease with Assembly Rules Committee
8";1 / C¿-tJ
^~ -.......--. ...._..,...._.~... ._-_.,,~....._--~..~------------
~_"'rŒ~t~~~~,,~~,
. -' .'. - '. .' '- ' " ..,'.' ." '.' -.- .!.~. .. .. .. -'. . .' .. . ' . '-",.:",' . ". . '. ;. -, -.- - ," ,~ -' ""..' ,'-. ~ . -. '.... ......"", \ ".., .- -,,',.. -d" ;.. t- . '. _ - " .
, ..... .... . .' Senator Steve Peace
~~'µ~:~~~t~~~~~'Þ':~~';%;:;:'5~rl. ,,;,,:,,~t'·;¡'.Ii:{?~;·,~~;;r"hq1;~?t!:~;~1j~m~~~%ìfß~~(f:;
SENATE, CALIFORNIA LEGISLATURE
LEASE
ALL INFORMA nON REQUESTED IN THIS LEASE MUST BE COMPLETED PRIOR TO SIGNATURE OF THE
SENATE RULES COMMITTEE.
: ~¢ ,:,,'~: . THIS LEASE,made and entered into this lOth .., day of January , 1994
,. , .
by and between ' City of Chula Vista
hereina~er called Lessor, and the Senate Rules Committee, California Legislature, hereinafter called State.
WITNESSETH:
The parties herc;to mutually agree as follows:
1. Lessor hereby leases unto State and State hereby hires from Lessor those certain premises situated in the City
of ("hn';::Jj ~7; c::.t-;::¡ . County of !,:,," ni Pgo , State of California, and more particularly described
as follows: (include exact address of premises, including floor, suite number, zip code, etc.)
430 Davidson Street, Suite B
Chula Vista, California 91910
2. TO HAVE AND HOLD said leased premises, together with the appurtenances, r~hts, privileges, and easements
thereunto belonging or appertaining unto State, for a tenn commencing 'on the Oth day:
of January , 19.2.!.., and ending on the 30th day
of . fJ",rømhp,.. , 19-9..4..., with such rights of termination as are hereinafter set forth, with rental payable
by State in a~s on the last day of the month in an amount as follows: SQUARE FEET.
$ RR 1.1:7. PER SQUARE FOOT FOR 14<;n
TOTAL MONTHLY RENTAL $ $'."4n nn
(On~ T:bQ1~s~nrf Si v RnnñrøfÌ 14'nr""y f)nl 1 ;:¡rc: ;:¡¡nñ nn ,..øn....c::)
3. State agrees to pay the aforesaid rental to Lessor at the address specified in paragraph 4, or to such other address
as the Lessor may designate by a notice in writing, upon the submission by Lessor of invoices therefore at least 15
days prior to the due date, to the
Senator Steve Peace
430 Davidson street, Suite B
. .. ~hula ~i¡f¡ta Ca1if06'n~ 9l~0
4. All notices herem provIded to be gl en, or w IC iiîa'y Be gIven, y el er p to the other, shall be deemed to
have been fully given when made in writing and deposited in the United States mail certified and postage prepaid, and
addressed as follows: to the Lessor at:
NAMECitv of Chu1a vista TELEPHONE: ~19) 691-5051
ADDRESS: 276 Fourth Avenue
Chula vista. California 91910
. TAX I.D. #/SOCIAL SECURITY # 95-6000-690
and to State at the address indicated in paragraph 3. Nothing herein contained shall preclude the giving of any such
written notice by personal service.
,
S. The state may terminate this lease by giving notice to'the Lessor at least thirty (30) days prior to the date when
such'termination sha11 become effective. At the option of State, this lease shall terminate within thirty (30) days
immediately following the death, resignation or other removal from office of Senator Steve Peace
as a Member of the Senate. If'- S
- IITrY'lcHA1t;/VT ON!:
.·w·_..._.._._..._..····__·._·_._._.·___....._..·.__._..__.__.,·_____.M__.-
, '
.
'" ~'. .;....CO .. " .~-~ '~..".,
_~""~"~"":~"'''-'U1'c''~ .'''-;f'''.J:'O:,VJ'.,.,;...'''~..~'~.~~,..;.....,'''''''''..,,(~,~~J$4A.. '
~, ':~.~'; :1f~~¡~;~~'~;:<.:_:';' '~_·.~rii.~r?~~~~~~i~;,~::~-~'..~}::~'~~{'.(!;"~~~~t'.:~~;;t~?~·_~:,·~~~·~~{.:"'l·:;::·j·¥:t:~0>;:if:~ '?~_i~;~~-%f,~~G~~';~.._;i.(;í!;'\'f.'-;~'~_i~_~;:~'~.;'-~-:;/ri.~ c' , '¡::,
6. Lessor shall furnish to State, during the lease lerm, at Lessor's sole cost, the following services and utilities:
A. Janitorial services, including but not limited to, regular cleaning of office areas and restrooms. toilet sup-
plies and waste disposal.
B. All utilities except telephone.
7. During the lease term, Lessor shall maintain the leased premises together with appurtenances, rights, privileges,
and easements belonging or appertaining thereto, in good repair and tenantable condition, except in the case of
pamage arising from the negligence of State's agent, invitees or employees. Lessor shall be liable for any damages
sustained by State from the failure of the Lessor to maintain the leased premises in good repair and tenantable
~P.;"'f"i~Pq¡.ti~~J)prsuantto,~ paragraph. , .' I
""¡~';~ >;, 8. Lessor reserves the right to enlerand inspect the leased premises, at reasonable times, and to make any neces-
, sary repairs to the premises.
"":;: 9. Lessor agrees that State, keeping and peñorming the covenants and agreements herein contained on the part
of Stale to be kept and peñormed, shall at all times during the exÎSlence of this lease peaceably and quietly, have
hold and enjoy the leased premises, without suit, trouble or hindrance from Lessor, or any person claiming under
Lessor.
:i~' 10. In the event the leased premises or any essential part thereof shall be destroyed by fire or other casualty,
this lease, shall, in the case of total destruction of the leased premises, immediately terminale and, in case of
partial destruction or damage, shalllerminate at the option of State upon giving notice in writing to the Lessor
-;';:k". within fifteen (15) days after such fire or casualty, and no rent shall accrue or be payable to the Lessor after such
lermination. In the event of any such destruction where the State remains in possession of said premises, the rental
as herein provided shall be reduced by the same ratio as the floor space State is thus precluded from occupying
bears to the total floor space of the leased premises.
11. Rental payable hereunder for any period of time less than that for which periodic rental is paid shall be deter-
mined by prorating the rental herein specified for the applicable period.
,I' " .
12. To the eXlent authori2ed by any fire and exlended coverage insurance issued to Lessor on the herein dehùsed
"j¡,tj."·, premises, Lessor releases Stale from liability for loss or damage covered by said insurance and waives subroga-
tion rights of the insurer.
13. This lease is subject to the provisions of the California Fair Employment and Housing Act (Section 12900
et seq., Government Code) and in its peñormance the Lessor will not discriminate against any employee or appli-
cant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical
condition, marital status, sex or age. The Lessor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status, sex or age. This action shall include, but
not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment adver-
tising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including
apprenticeship.
The Lessor will permit access to his or her records of employment, employment advertisements, application
forms, and other pertinent data and records by the Fair Employment and Housing Commission, and any other
agency of the State of California designated by the Joint Rules Committee, for the purposes of investigation to
ascertain eompliance with this paragraph.
The State may determine a willful violation of the Fair Employment Practices provisions to have occurred upon
receipt of a fmal judgement having that effect from a court in an action to which the Lessor was a party, or upon
receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and deter-
mined that the Lessor has violated the Fair Employment and Housing Act and has issued an order, under Section
12910 of the Government Code which has become fmal.
In the event of willful violation of the foregoing provision in the peñormance of this lease, and if the Lessor,
within thirty (30) days after receipt of a written notice thereof from the State, fails to cure the breach, the State
shall have the right immediately to lerminate this lease and any necessary additional expense incUlred by the
State in securing space equivalent to the leased premises, including the additional rental, if any, shall be borne
.-. ~. by the Lessor. f'...¿
.'.
------..-..- . ... .-- ....-..-.-.-...---. .--..-.-...-.--.
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Þ..~,,,,,,,,,,,,,,~,,~.,,,,~,,,,·.'''. .~'-"''"''''-?§'.'¡::;''''''~'' ..-,'>i'.'.."'-;.".¡~.'''.''...;,.- ..,.... """·,"c"''''''''''~-'~''''~·.' .~""""-'. .... '..,
'''''''~''''<", '~",," ,,,,.,,., '=-,,,,~ "·"""·SEN'ATE"CAL·IFORN!ÄqLEGIS·a'TURE"·'·->'''· . ,~...~..,....,~_.'
:if:Y~"r~~':'-Jr:' ~t..f ." -¡. '~.:;'--:: .t¡)'1.:.'~.~.~.'~;~:;.~.: .~~:;~ r..: . ;'. -. ", ~ ?r_t.7\,:.~. ¡ _~;~~p,..:.-,,~ .~,'~;~1,!~~~~"c<~,:!)'~:,,;j:::
t-, :·...;,:::;:¡:".-;-i·',"~ ,,;~.:{>-::,:~" ""~""'\;"'~:. , ". '~:'."~.- - !~,:.~~..·~';~;~,-_M.:' ..;; ~ '. . Yr,:'" )o'~~}æÀSE ;". ' ',',- ',' 7""'" .-:' y ._~.,-' -:;.," ,,":} "~~":-<:.::,;;: .... ". ~ . ",' - .
14. . In the event State remains in possession of the leased premises after the expiration date of this lease, the
State's continued possession shall create a tenancy from month to month with rental payable by State in arrears on
the last day of each month in the amount specified in paragraph 2. The tenancy created herein shall be subject to all
other tenns and conditions of this lease.
15. Lessor warrants that the leased premises to be used by the State in the performance of this lease are readily
accessible to and usable by individuals with disabilities with respect to services, programs, activities conducted by
"'.:" ''''':'thê Státe'on the leased premises: In the event that Lessor makes alterations to any part of the leased premises used
. bythe'State, the alterations shall comply with the accessibility standards of the Americans with Disabilities Act
(U's.C.A. Section 12101 and following).
.. In 'the event of violation of the foregoing provision in the perfonnance of this lease, and if the Lessor, within
thirty (30) days after receipt of a written noûce thereof from the State, fails to cure the breach, the State shall have
the right immediateIy to temúnate this lease and any necessary additional expense incurred by the State in securing
space equivalent to the leased premises, including the additional rental, if any shall be by the Lessor.
. ;'.-
l6~ À~ of the effective date of this lease, January 10, 1994, the monthly
rent will be increased by the change in the U.S. Department of Commerce
Consumer (All Urban) Index for San Diego Metropolitan Area for the previous
twelve months, which is determined to be 2.1%. Therefore, the monthly
rent stated in Section 2 above is increased to $1.15 per square foot for a
total monthly rental of $1,667.50 (One Thousand Six Hundred Sixty-Seven
Dollars and 50 Cents).
.
,
IN WITNESS WHEREOF, this Iease has been executed by the parties hereto as of the date first above written.
Member of !be Senate
LESSEE:
By: SENA1E RULES COMMITIEE
CALIFORNIA
I By
BY
TItle Executive Officer
Dale
LESSOR:
'ir- ') / g - '6
.. -'-"'--"-'-"'-"'~"----"--'-""-~------"-----
. -.
.
0 CALIFORNIA LEGISLATIJRE (REV. 11/92)
1(, ASSEMBLY LEASE NO. ASM
"
ALL INFORMATION REQUESTED IN THIS LEASE MUST BE COMPLETED PRIOR TO SIGNATIJRE
OF THE ASSEMBLY RULES COMMITTEE.
THIS LEASE, made and entered into this 70TH day of JANUARY ,
19~, by and between THE CITY OF CHULA VISTA
hereinafter called Lessort and the Assembly Rules committee, California
Legislature, hereinafter called Lessee.
WITNESSETH:
The parties hereto mutually agree as follows:
1. Lessor hereby leases unto Lessee and Lessee hereby hires from Lessor
those certain premises situated in city of CHULA VISTA ,
County of SAN VIEGO , State of Californ~a, and more particularly
described as follows: (include exact address of premises, including floor,
suite number, zip code, etc.)
430 VAVIVSON STREET, SUITE C
CHULA VISTA, CA 91910
2. TO HAVE AND HOLD said leased premises, together with the appurtenances,
rights, privileges and easements thereunto belonging or appertaining unto
Lessee, for a term conunencing on the 70TH day of JANUARY , 19 94 ,
and ending on the 30TH day of NOVEMBER 1994 , w~th such rightsOf
termination as are hereinafter set forth, with rent~ayable by Lessee on or
before the lOth of the month, unless sufficient funds have not been made'
available in the annual budget act for the purpose of funding Assembly Rules
Conunittee lease agreements, in an amount as follows:
$1.15 PER SQUARE FOOT FOR 1.458 SQUARE FEET.
TOTAL MONTHLY RENTAL $ 1,676.70 .
Any rental payments that are not paid under this paragraph due to budgetary
constraints, shall be paid by the Lessee as soon as funds are made available
under the annual budget act.
3. The Lessee shall have the right during the term of this Agreement to
prepay rent to Lessor in a lump sum payment for any portion of the lease
term. In exchange for this prepayment, Lessor shall discount by five percent
(5%) the amount of the rent determined pursuant to the lease for that portion
of the lease term and Lessor shall accept this prepaid discounted rent as the
Lessee's rent for that portion of the lease term. If this Agreement is
terminated for any reason authorized herein prior to the end of the period
for which the Lessee has made a prepayment of rent the Lessor shall refund to
the Lessee that portion of the Lessee's prepaid rent which is attributable to
that period which conunences on the effective date of the earlier termination
and ends on the expiration date of the period covered by the prepaid rent.
4. Lessee agrees to pay the aforesaid rent to Lessor at the address
specified in Paragraph 5, or to such other address as the Lessor may
designate by a notice in writing, upon the submission by Lessor of invoices
therefore at least fifteen (15) days prior to the due date, to the Assembly
Rules Conunittee, state capitol, Room 3016, Sacramento, CA 95814.
rr"1 ,41/,4 cJMlé/f/í -n.UD
---.-. _...._.~,,--,,_.._~._,-_..-.--
.
.
.
5. All notices herein provided to be given, or which may be given, by
either party to the other, shall be deemed to have been fully given when made
in writing and deposited in the United states mail certified and postage
prepaid, and addressed as follows: To the Lessor at:
NAME: CITY OF CHULA VISTA - FINANCE VEPARTMENT TELEPHONE: (619) 691-5051
ADDRESS: 276 FOURTH AVENUE
CHULA VISTA, CA 91910
TAX I. D. t¡SOCIAL SECURITY #: 95-6000-690
and to Lessee at the address indicated in Paragraph 4. Noth~ng herein
contained shall preclude the giving of any such written notice by personal
service.
6. Except as otherwise provided by this paragraph, either party may
terminate this lease by giving notice to the other party at least sixty (60)
days prior to the date when such termination shall become effective. At the
option of Lessee, this lease shall terminate within thirty (30) days
immediately following the death, resignation, failure to be elected, or other
removal from office of N/A as a Member of
the Assembly.
7. Lessor shall furnish to Lessee during the lease term, at Lessor's sole
cost, the following services, and utilities:
A. Janitorial services, including but not limited to, regular
cleaning of office areas and restrooms, toilet supplies and .
waste disposal.
B. All utilities except telephone.
8. During the lease term Lessor shall maintain the leased premises together
with appurtenances, rights, privileges, and easements belonging or
appertaining thereto, in good repair and tenantable condition, except in case
of damage arising from the negligence of Lessee's invitees or employees.
9. Lessor reserves the right to enter and inspect the leased premises, at
reasonable times, and to make any necessary repairs to the premises.
10. Lessor agrees that Lessee, keeping and performing the covenants and
agreements herein contained on the part of Lessee to be kept and performed,
shall at all times during the existence of this lease peaceably and quietly,
have, hold and enjoy the leased premises, without suit, trouble or hindrance
from Lessor, or any person claiming under Lessor.
11. In the event the leased premises or any essential part thereof shall be
destroyed by fire or other casualty, this lease, shall, in the case of total
destruction of the leased premises, immediately terminate and, in case of
partial destruction or damage, shall terminate at the option of the Lessee
upon giving notice in writing to the Lessor within fifteen (15) days after
such fire or casualty, and no rent shall accrue or be payable to the Lessor
after such termination. In the event of any such destruction where the
g',. / ~
. ...-- ....._-^._-_._--~.__._--~._--_...- --"
. .
.
.
Lessee remains in possession of said premises, the rental as herein provided
shall be reduced by the same ratio as the floor space Lessee is thus
precluded from occupying bears to the total floor space of the leased
premises.
12. Rental payable hereunder for any period of time less than that for which
periodic rental is paid shall be determined by prorating the rental herein
specified for the applicable period.
13. To the extent authorized by any fire and extended coverage insurance
issued to Lessor on the herein demised premises, Lessor releases Lessee from
liability for loss or damage covered by said insurance and waives subrogation
rights of the insurer.
14. This lease is subject to the provisions of the California Fair
Employment and Housing Act (Section 12900, et seq., Government Code) and in
its performance Lessor will not discriminate against any employee or
applicant for employment because of race, color, religion, ancestry, sex*,
age*, physical handicap*, medical condition*, or national origin. The Lessor
will take affirmative action to ensure that applicants are employed and that
employees are treated during employment, without regard to their race, color,
religion, ancestry, sex*, age*, physical handicap*, or national origin. Such
action shall include, but not be limited to, the following: Employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship.
* See sections 1290-12994 of the Government Code for further details.
.
The Lessor will permit access to his records of employment, employment
advertisements, and application forms, and other pertinent data and records
by the State Fair Employment and Housing Commission, and any other agency of
the State of California designated by the Department of General Services, for
the purpose of investigation to ascertain compliance with this section.
The Lessee may determine a willful violation of the fair employment
practices provision to have occurred upon receipt of a final judgment having
the effect from a court in an action to which Lessor was a party, or upon
receipt of a written notice from the Fair Employment and Housing Commission
that it has investigated and determined that the Lessor has violated the Fair
Employment and Housing Act and has issued an order, under Section 12970 of
the Government Code, which has become final, or obtained an injunction under
Section 12973 of the Government Code.
In the event of willful violation of the foregoing provision in the
performance of this lease, and if Lessor, within thirty (30) days after
receipt of a written notice thereof from Lessee, fails to cure such breach,
the Lessee shall have the right, immediately, to terminate this lease and any
necessary additional expense incurred by the Lessee in securing space
equivalent to the leased premises, including the additional rental, if any,
shall be borne by the Lessor.
rr~ I /
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. .
.
.
,
. IN WITNESS WHEREOF, this lease has been executed by the parties hereto as of
the date first above written.
N/A
MEMBER OF THE ASSEMBLY
LESSOR: LESSEE:
Assembly Rules Committee
California Legislature
By By 8l--1--
JIM SHOOK, MANAGER
Title ADMINISTRATIVE S~
ASSEMBLY RULES COMMITTEE
8"" / .)..
-" "-- ---------- --.-------.-----....--.. . ..--.--,.-------,.----
RESOLUTION NO. J 7Y J r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TERMINATING LEASE AGREEMENT WITH
THE ASSEMBLY RULES COMMITTEE AND APPROVING
LEASE AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SENATE RULES COMMITTEE OF THE STATE
OF CALIFORNIA FOR THE LEASING OF LEGISLATIVE
OFFICE SPACE (SUITE B) TO SENATOR STEVE PEACE
WHEREAS, a two-year agreement for office space (Suite B)
leased to the Assembly Rules Committee (for Steve Peace) is
scheduled to expire in November, 1994; and,
WHEREAS, with the recent election of Mr. Peace to the
California State Senate, the lease agreement for his office space
needs to be changed to the Senate Rules Committee.
NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council
of the City of Chula vista does hereby terminate the Lease
Agreement with the Assembly Rules Committee and approve a Lease
Agreement between the city of Chula vista and Senate Rules
Committee of the State of California for the lease of legislative
office space (suite B) to Senator Steve Peace, 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 Vice-Mayor of the City of
Chula vista is hereby authorized and directed execu aid Lease
for and on behalf of the City of Chula vist
I
Presented by
James R. Thomson, Deputy ity
city Manager
c:\rs\leasepe.ace
~/I./
,-'---,,',,-- .-. . - _.._.....,-----------_.._..~-_.._-,-
RESOLUTION NO. /7 ~ I~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TERMINATING LEASE AGREEMENT WITH
THE SENATE RULES COMMITTEE AND APPROVING LEASE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
ASSEMBLY RULES COMMITTEE OF THE STATE OF
CALIFORNIA FOR THE LEASING OF LEGISLATIVE
OFFICE SPACE (SUITE C)
WHEREAS, the Assembly Rules Committee desires to lease
the office space (Suite C) formerly occupied by Senator Wadie
Deddeh¡ and,
WHEREAS, a new lease agreement is now proposed for suite
C at 430 Davidson Street to be effective January 10, 1994, and
terminate on November 30, 1994.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula vista does hereby terminate the Lease
Agreement with the Senate Rules Committee and approve a Lease
Agreement between the city of Chula vista and Assembly Rules
Committee of the State of California for the lease of legislative
office space (Suite C), 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 Vice-Mayor of the City of
Chula vista is hereby authorized and directed to execute said Lease
for and on behalf of the City of Chula vist
/
/
Presented by App
i
"
James R. Thomson, Deputy
city Manager
c:\rs\leasesui.tec
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CITY COUNCIL AGENDA STATEMENT
Item: 'J
1"14/1'" Meeting Date: March 15. 1994
ITEM TITILE: Resolution Approving an agreement with the San
Diego unified Port District for police and fire
services for FY1991-92 throug~ FY1993-94
SUBMITTED BY: Special Projects ~~ger~'
REVIEWED BY: city Manager~~~~~\ (4/sths vote: YeS___No_x__)
The City has been negotiating with the San Diego Unified Port
District (Port) on agreements for the provision of city police and
fire services to non-tax paying properties on the tidelands. The
agreement under consideration at this time covers the fiscal years
1991-92, 1992-93 and 1993-94, and was approved by the Port District
Board at its February 22, 1994 meeting. The City will receive a
total of $595,410 from the Port, covering the remainder of FY1992-
93 and the entire FY1993-94. The city is currently negotiating a
multi-year agreement for fiscal years 1994-95 and 1995-96.
RECOMMENDATION: That the City Council adopt the resolution
approving an agreement with the San Diego Unified Port District for
police and fire services for FY1991-92 through FY1993-94.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City had reached agreement with the Port in August 1992 on the
methodology for calculating the value of police and fire services
for FY199l-92, FY1992-93 and FY1993-94. The Port paid the FY199l-
92 amount in October 1992 and part of the FY1992-93 amount in July
1993. Under the proposed agreement, the Port will pay the
remainder owed for FY1992-93 and for services performed in the
current fiscal year. The reasons for now formalizing an agreement
that covers services for prior fiscal years is that 1) the Port is
just now completing its audit of FY1991-92, and 2) the Port still
owes the City funds for FY1992-93.
Under the terms of the agreement, the City responds to police and
fire calls for service occuring on the non-tax paying properties of
the tidelands (principally parks), provides preventive police
patrol and directed police patrol as needed, and provides a general
"reserve capacity" to respond to police or fire contingencies on
the tidelands.
The city is now negotiating with the Port on a mUlti-year
agreement. The remaining issue in this agreement is the
methodology for calculating the value of police and fire services.
It is hoped that negotiations will be concluded shortly and that a
multi-year agreement will be brought forward to the Port District
Board and City Council for consideration prior to the end of this
fiscal year.
FISCAL IMPACT: The city will receive a total $595,410 from the
Port covering the remainder of FY1992-93 and the entire FY1993-94.
The City is still negotiating with the Port on an annual contract
amount for future fiscal years.
9~J
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RESOLUTION NO. J 7JfJ¿'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
SAN DIEGO UNIFIED PORT DISTRICT FOR POLICE AND
FIRE SERVICES FOR FY 1991-92 THROUGH FY 1993-
94, AND AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, the City has been negotiating with the San Diego
Unified Port District on agreements for the provision of City
pOlice and fire services to non-tax paying properties on the
tidelands; and,
WHEREAS, the agreement under consideration at this time
covers the fiscal years 1991-92, 1992-93 and 1993-94, and was
approved by the Port District Board at its February 22, 1994
meeting; and,
WHEREAS, the City will receive a total of $595,410 from
the Port, covering the remainder of FY 1992-93 and the entire
FY1993-94; and,
WHEREAS, the city is currently negotiating a multi-year
agreement for fiscal years 1994-95 and 1995-96.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the city of Chula vista does hereby approve an Agreement with
the San Diego Unified Port District for Police and Fire Services
for FY1991-92 through FY1993-94, 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.
Presented bY, · t":IJ by
Marty Chase, Special Projects ¿(
Manager
c: \rs\portdist
'1 ' :l.
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AGREEMENT FOR POLXCE AND FXRE SERVXCES FOR 1991-92 THROUGH 1993-94
The parties to this agreement are the CITY OF CHULA VISTA, a municipal
corporation, hereinafter called "CITY," and the SAN DIEGO UNIFIED PORT
DISTRICT, a public corporation, hereinafter called "DISTRICT."
RBCXTALS
WHEREAS, the DISTRICT desires to contract for the provision of
police and fire services to the non-ad valorem tideland trust property
located on the CITY's tidelands, and;
WHEREAS, the CITY has the capacity to provide police and fire
services to said DISTRICT property, and;
WHEREAS, the DISTRICT has an obligation to adhere to a principle
of reimbursement for services provided to non-ad valorem tideland trust
property wherein the cost bears a relationship to the services
provided, the reimbursement is substantiated by an auditable record,
and for which the reimbursement is reasonable and falls with the trust
purposes of the DISTRICT, and;
WHEREAS, the DISTRICT may authorize the disbursement of money for
specified and approved categories of reimbursement to the CITY
providing such services are based upon records kept in the normal
course of CITY business, and;
WHEREAS, the District has previously reimbursed certain CITY
expenses for police and fire services for fiscal years commencing after
June 3D, 1991, which reimbursement included the stipulation that the
amount paid was subject to audit;
NOW, THEREFORE, the parties agree:
L SERVICES TO BE PROVIDED
à.... This agreement covers reimbursement of the cost of police and
fire protection services to be provided by the CITY on the DISTRICT's
filled tidelands and property within CITY's limi ts which do not
generate ad valorem tax revenues. Those properties include but are not
limited to non-dedicated streets, parks and other open space,unleased
developed properties, leased properties wherein the lessee is not
subject to ad valorem taxes (with the exception of properties leased to
the CITY), and unleased vacant land (see Attachment B). Nothing herein
contained shall give CITY the right to use or occupy any DISTRICT real
ór personal property, or to otherwise use the services of the DISTRICT
or its employees.
1
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~ CITY shall provide police, fire and emergency medical
services as contained in the statement of Reimbursable Expenses of this
agreement, attached hereto as Attachment A and incorporated by
reference as though fully set forth herein. Only expenditures
authorized herein shall be eligible for reimbursement, unless approved
in writing by the DISTRICT.
~ For Police Services. the CITY shall provide services to the
same extent and in the same manner as such member city actually
provides or may be required by law to provide to an ad valorem tax-
generating property. DISTRICT and CITY shall, to the extent
practicable, meet and confer as needed to discuss deployment of
resources cooperatively in an effort to avoid duplication of services.
IL.. For Fire and Emerqencv Medical Services. the CITY shall
provide, to the same extent and in the same manner as such member city
actually provides or may be required by law to provide to an ad valorem
tax-generating property, responses to all calls for fire suppression
services by the fire department; and responses to all calls for
emergency medical services, to such extent as the county, state or
federal government requires the CITY to provide. The parties agree that
emergency medical services shall be limited to first responder service.
~ The activities and services authorized for reimbursement
shall only be those which have occurred and been rendered on or after
July 1, 1991, and which are in furtherance of the San Diego Bay
tideland trust for the accommodation of commerce, navigation,
fisheries, and recreation on said trust tidelands for the benefit of
all of the people of the State of california; except that certain
police, fire and emergency medical services for fiscal years 1991-92
and 1992-93 were previously reimbursed by the DISTRICT conditional on
the results of an audit as provided herein.
2. PERIOD
This agreement shall cover services rendered for the period from
July 1, 1991 to June 30, 1994.
3. CONSIDERATION
~ In consideration of the foregoing performance of services by
the CITY, the DISTRICT shall pay to the CITY a sum not to exceed Five
Hundred Ninety-Five Thousand, Four Hundred and Ten Dollars and no Cents
($595,410.00), representing an unpaid balance due of approximately 25%
of the amount due for fiscal year 1992-93 plus all amounts due for
1993-94. All other reimbursements for fiscal years 1991-92 and 1992-93
have been fully paid.
~ Payments shall be made upon written request to the DISTRICT.
DISTRICT agrees to reimburse the CITY for any and all expenses within
2
9"i
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thirty days of receipt of a properly prepared request for
reimbursement, subject to the not to exceed sum specified in 3·A· ,
above. DISTRICT agrees to reimburse the CITY before the last day of the
fiscal year provided the DISTRICT receives a properly prepared request
for reimbursement at least thirty days before the end of the fourth
quarter.
~ Payment shall be for reimbursement of expenses to conduct the
services specified in this agreement. Proof of both incurrence and
payment shall be kept on file by the CITY for review by the DISTRICT
for a period of two years after the last day of the fiscal year.
4. TYPES OF REIMBURSABLE EXPENSES
A. For Police Services. reimbursement shall be based on services
provided, such as, responses to calls for service from persons other
than CITY's sworn officers; calls for back-up service; preventive
patrol, which may include taking appropriate action on routine
incidents encountered where no arrest occurred and/or no report was
made (for example, routine vehicle impounds and traffic stops); calls
by Harbor Police for CITY police assistance; reimbursement for
consumption of supplies; storing evidence; actual expenditures in terms
of time, material and overhead in the case of calamities; activities of
support staff, for example, investigating, supervising, and
dispatching; a reasonable allocation of overhead as determined for each
category of work; and other activities or events which call for the
deployment of public safety officers. All costs reimbursed shall be
based on services rendered for which the cost is reasonable and
substantiated by data that is auditable to support that level of
service.
JL. For Fire and Emeraencv Medical Services. reimbursement shall
be nine percent (9%) of the direct costs and overhead, representing a
reasonable pro-rata portion of the cost, to operate one of the fire
companies in the CITY's Fire station No. 1, the primary responder to
tideland emergencies.
5. RECORDS
At the request of the DISTRICT, and upon reasonable notice, the
CITY shall make available documentation supporting the request for
reimbursement. Such documentation, if reasonably available, may include
but is not limited to time cards, contracts, receipts, original
invoices, canceled checks, payroll documentation, calls for service
records, dispatch records, police and fire budget data, other budget
data used to calculate citywide overhead factors, the CITY's police
staffing model, and other periodic logs maintained by police and fire
staff. The DISTRICT shall have the right to review and make copies or
éxcerpts of said documents, insofar as confidentiality requirements can
be reasonably maintained.
3
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6. ASSIGNMENT
CITY shall not assign this agreement or any right or interest
hereunder without express prior written consent of DISTRICT, nor shall
DISTRICT assign this agreement or any right or interest hereunder
without express prior written consent of CITY.
7. ENTIRE AGREEMENT
It is expressly understood and agreed that this agreement
constitutes the entire agreement between the CITY and the DISTRICT and
in no event shall the CITY be entitled to any compensation, benefits,
reimbursement or ancillary services other than as expressly provided in
this agreement. There are no other written or oral understandings
between the parties. No modification or amendment to this agreement
shall be valid unless in writing and signed by the parties hereto.
8. HOLD HARMLESS
b CITY agrees to indemnify and hold the DISTRICT harmless
against and from any and all damages to property or injuries to or
death of any person or persons, including employees or agents of the
DISTRICT, and shall defend, indemnify and hold harmless the DISTRICT,
its officers, agents and employees, from any and all claims, demands,
suits, actions or proceedings of any kind or nature, of or by anyone
whomsoever, in any way resulting from or arising out of the negligent
or intentional acts, errors or omissions of the CITY of any of its
officers, agents or employees.
1h DISTRICT agrees to indemnify and hold the CITY harmless
against and from any and all damages to property or injuries to or
death of any person or persons, including employees or agents of the
CITY, and shall defend, indemnify and hold harmless the CITY, its
officers, agents and employees, from any and all claims, demands,
suits, actions or proceedings of any kind or nature, of or by anyone
whomsoever, in any way resulting from or arising out of the negligent
or intentional acts, errors or omissions of the DISTRICT of any of its
officers, agents or employees.
9. DISPUTED REIMBURSEMENTS
A. If the DISTRICT conducts an audit of fiscal years 1992-93 or
1993-94 CITY records, or if the DISTRICT or the CITY otherwise
discovers that the fiscal years 1992-93 or 1993-94 reimbursements
appear to be overpaid or underpaid contrary to the terms of this
agreement, the parties shall meet to attempt to resolve the issues.
The CITY shall reimburse the DISTRICT for an overpayment and the
DISTRICT shall pay the CITY for an underpayment only if both parties
mutually agree that an error was made and agree upon the disputed
amount.
B. If such a dispute arises, the parties agree to utilize the
dispute resolution process described in section 10 of this agreement.
4
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10. DISPUTE RESOLUTION
If a dispute arises out of or related to this agreement, or either
party alleges a breach thereof, and if said dispute cannot be settled
through negotiation, the parties agree first to try in good faith to
settle the dispute by mediation under the Commercial Mediation Rules of
the American Arbitration Association, before resorting to arbitration,
litigation, or some other dispute resolution procedure.
11. NO THIRD PARTY BENEFICIARIES
This agreement is made and entered into for the benefit of
DISTRICT and CITY only, and it is not intended for the benefit of any
third party or any other person, and no such third party or any other
person shall be a third party beneficiary to this agreement or
otherwise have the right to enforce any provisions of this agreement.
12. CONTRACT ADMINISTRATOR FOR THE DISTRICT
The Administrative Services Division of the District is designated
as the DISTRICT's Contract Administrator of this agreement and shall
receive and process all reports and requests for payment. All
correspondence shall be sent to the following address:
San Diego Unified Port District
Bruce B. Hollingsworth, Treasurer
Post Office Box 488
San Diego, California 92112
13. CONTRACT ADMINISTRATOR FOR THE CITY shall be as follows:
City of Chula vista
Marty Chase, special Projects Manager
Management Services Department
276 Fourth Avenue
Chula Vista, California 91910
DATED: , 1994.
SAN DIEGO UNIFIED PORT DISTRICT
By
Port Director
CITY OF CHULA VISTA
By
JOSEPH D. PATELLO Mayor
Port Attorney
5
Attorney
9-7
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ATTACHMENT A
CITY OF CHULA VISTA
TABLE OF CONTENTS
FISCAL YEARS 1992-93 AND 1993-94
SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
EXHIBIT P-J............................····· 2
ATTACHMENT 1, PART 1.....................·3-5
ATTACHMENT 1, PART 11....................6-10
ATTACHMENT SA........................······ 11
ATTACHMENT 5B...........................·· .12
ATTACHMENT 2, PART 11...................13-14
EXHIBIT P-94........................······ .15
ATTACHMENT 3, PART 11...................16-17
ATTACHMENT 4, PART 11.................. .18-19
9'~
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SUMMARY
TOTAL POLICE AND FIRE SERVICES
CITY OF CHULA VISTA
FISCAL YEARS 1992-93 AND 1993-94
1992-93:
Total Police Patrol Services Exhibit P-93 $358,679
Total Fire Services Attachment 2, Part II 104,988
--------
Sub-total 463,667
1993-94:
Total Police Patrol Services Exhibit P-94 368,703
Total Fire Services Attachment 4, Part II 110,790
--------
Sub-total 479,493
--------
Total 1992-93 and 1993-94 943,160
Less 75% Advance paid 7/13/93 for police and fire services
for 1992-93 ($463,667 x 75%) (347,750)
--------
Grand Total $595,410
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PAGE 1
9'1
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Exhibit P-93
CITY OF CHtILA VISTA
POLICE COST
TIDELANDS AREA - NON TAX PROPERTIES
FOR THE YEAR ENDING JUIfE 30, 1993
Description Reference/Formula }UaŒ
Beat Officer Cost
Number of officers required(FTE) Attachment 1, Part I 2.31
Annual cost per officer Attachment 1, Part II $74,!'Œ
Total Beat Officer Cost ($74,505 x 2.31) $172,]07
support staff Cost
Ratio of support staff to officers Attachment 1, Part II 0.8961(0.9)
Number of support staff required (0.8961 x 2.31) 2.Œ
Annual cost per support staff Attachment 1, Part II $63,974
Total support staff Cost ($63,974 x 2.07) $132,426
Total Beat Officer and Support Staff Cost $304,533
Overhead Cost
City overhead Attachment 5A 17.77837\
Total Overhead ($304,533 x .1778) $54,146
Total Police Cost $358,679
PAGE 2 9"ltJ
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ATIACHMENT 1: POLICE SERVICES - FY 1992/93
PART I: PEACE OFFICERS NEEDED
B. Beat Officer Time
1. Beat officer time per CFS
All data is based upon Chula Vista's patrol staffing
model. Tlùs workload model assesses staffing
needs based on the time required for varioius
patrol officer functions. The model, developed
in 1986, was cited by the International
City Manager's Association (lCMA) as one of the
ten best studies of police operations.
-- Average CFS handling time = 49.9 hours
32.89 min * 91 CFS = 2,993 min/60 min =
49.9 hours
-- Average ';backup" time = 37.4% CFS require 19.3 hours
backup at an average total backup time
of 34 minutes (includes calls requiring
multiple units) =
91 CFS * .374 = 34 CFS requiring 1 or more
backup units @ 34 minutes per average backup =
34 min * 34 = 1,156 min/60 = 19.3 hrs
-- Average report time = 28.9 hours
100 CFS generate 81 reports, with an average
report time of 23.4 minutes =
91 CFS * .81 (% requiring reports) =
74 reports * 23.4 n1in = 1,732 min/60 =
28.9 hrs
-- Average prisoner transport time = 7.92 hours
100 CFS generate 7.1 arrests with an
average transport time of 1.32 hrs =
91 * .071 (Tideland CFS generating arrésts) =
6 arrests * 1.32 hrs == 7.92 hrs
----------
TOTAL CFS TIME: 106.0 hours
- 9'11
PAGE 3
.H', ._...__.. ._~_".....__."_.,.___ ___._....___..~_ un _________..,
ATfACHMENT 1: POLICE SERVICES - FY 1992/93
PART I: PEACE OFFICERS NEEDED
B. Beat Officer Time (Continued)
2. Preventive Patrol and Officer Initiated Activities
Data based on discussions with Patrol Division
Comamnder. Preventive patrol represents "free"
(undirected) patrol time in an area. Officer
rnitiated Activities represents activities such
as field interrogations/warrant checks on
"suspicious" persons (ofren related to possible
drug activity occuning in City parks.)2
-- Twenty minutes/patrol shift * 365.0 hours
three shifts per day =
60 minlday * 365 days/year =
365 hours
3. Directed Patrol Assignments 152.1 hours
-- 25 min per day to insure that park is
vacant and to open/close gated entrance
(includes travel time to and from
tidelands) =
25 min * 365 days/year = 9,125 minl60 =
152.1 hours
--------.-----
TOTAL BEAT OFFICER FIELD TIME REQUIRED: 623.1 HOURS
(106.0 + 365.0 + 152.1)
2 Logs maintained by beat officers sho~ time when preventive patrol and officer initfated activities
take place. The officer logs do not, however, detail the location of said activities unless an official action
(e.g. a citation or an arrest) occurs.
PAGE 4 9-1.2.
-_._-_.._....,~---,---_.__. ,~_._-----
A IT ACHMENT 1: POLICE SERVICES - FY 1992/93
PART I: PEACE OFFICERS NEEDED
C. Officers Needed
All data based on Chwa Vista's patrol staffing
model.
n Average beat officer time available
for field activities = 1,483 hours
(excludes time unavailable for work,
e.g. sick leave, vacation, court duty,
in-service training, briefings, etc.)
-- % of field time needed =
623.1 hrs/1,483 hrs = .42
-- Number of officer positions required to
staff one position 24 hours/day, 365
days/year = 5.5 officers (based on
Chula Vista's 4 day/ 10 hours slúft schedule)
-- number of beat officers required to staff .42
of a position 24 hours/day, 365 days/year = *************
.42 * 5.5 = 2.31 officers 3
*************
3 By using Chula Vista's economies of scale, the analysis assumes that the Port District can staff beat
officers 1n less than integer quantities, i.e. staffing for 42X of an officer. This represents a substantial
savings (more than double the proposed cost).
PAGE 5 9'IJ
- ........-.--.. ....-....- ....._-,...__.-..-_----~-_..,._-
ATTACHMENT 1: POUCE SERVICES - FY 1992/93
PART II: COST CALCULATIONS: SUPPORT STAFF
A. Peace Officer (E Step)
1. Salary Related Expense (Employee Services)
Salary $45,4731
Benefits $ 5,599
Medicare $ 630
Wrks Comp $3,365
PERS $ 9,823
Overtime $ 4,5642
Bilingual $ 2183
Education Pay $ 5214
Unifonn Clng $ 200
$70,393
2. Non-Salary Related Expense (Supplies and Services)
Trairúng $ 550
Auto Amort $ 3,512
Supplies $ 50
$ 4,112
3. Cost Per Peace Officer Position
$70,393 + $4,112 = $74,505
4. Cost For 2.31 Peace Officer Positions =
********
$74,505 * 2.31 = $172,107
********
1 Prorated to reflect beginning year and mid-year sa1ary increases. Current sa1ary level is $45,711.
2 Includes holiday pay.
3 Estimated at lout of 5.5 peace officers qua1ifying for biIingua1 pay.
4 Estimated at 2.75 out of 5.5 officers qua1ifying for lowest level education pay.
PAGE 6 9*/'1
".._._.._.._.,,~~-- -- - _.,_._-_...._,._._._._~-~
ATTACHMENT 1: POUCE SERVICES - FY 1992/93 (Estimated)
PART II: COST CALCULATIONS: SUPPORT STAFF
As detailed in Exhibit II, the 1989-90 ratio of peace officers to support staff (includes other sworn
and non-sworn staff, e.g. investigators, dispatchers, etc) was equal to 1.9 support staff to 1 beat
officer.9 In actuality the number of support staff required will vary by specific activities. To
reflect the lower expected support required for tideland activities, an overall ratio approximating
0.9 (0.8961) supportstaft' per per beat officer (rather than the 1.9 department-wide average) is
used. Thus, for the 2.31 peace officers needed (PART 1), 2.07 support staff are required (2.31
* .8961).
9 Data based on 1990 HugheslHeiss consultant study, which assessed police related expenditures
associated with the Otay Ranch development. (Reference Exhibit II on the following page)
PAGE 7 9--/.5'
_.__.__._~--- -- -_..~..~-~._-----------_._-_.
-
.
Table 13
Ratios Employed to Project Lew Enforcement
Conrnand and Support Staf f I ng ~
1. YF8~ SERV ICE LEVElS
Ratio "'r Flel d
Pos'1'lon Petrol Off Jeer
Lleutenlnts/Sergeants/Agents .34
CSO .11
Dispatchers .31
Auxllllary ServiCes .17
Support Services .33
Investigations -aM
Total J..iQ
2. RIm srnv ICE LEVElS
AppfJed ratios to every 1.67 field patrol depuTy (number requIred to
staff each seven-day. eight-hour shl1t position) as per contract cost
methodol~gy of the San Diego CounTy SherIff's Pepartment.
RatIo Per 1.67
Position Field [)eÞutles
Patrol Sergunt .232
Detect Ive .426
Detective Sergeant .046
StatIon Captain/Lieutenant .090
ClerIcal .262
D I spetcher .427
Juvenile o.puty .101
Crime PreventIon Speclllllt .122
Hlscelllniou~ Management .013
1.741
.
"'" ~ttl Û'''S t kðt~ q r;.rr ft,dtai~ ~$.f..
(ur .to S!(\}IC~ \e\)!hJ i &" j)1~O O~ rctl S~N'Ce ,~~)
-(tt ~~ ~y ~~U'\t.h ~'f¡r""- ~\~ f\~'.j Pf\CJ e.zt.
. . .. . .... . . ' . .
.. 0.- .
-
PAGE 8 9"'/~
_ _.__..._.___". ...._ ._·.·'m_~____· ___._...__.___._._.._..~.
ATTACHMENT 1: POLICE SERVICES - FY 1992/93
PART II: COST CALCULATIONS: SUPPORT STAFF
B. Police Department Support Staff
l. Salary Related Expense (Employee Services)
-- Police Department Employee Services
Budget For FY 1992/93: $14,102,997
-- Average Peace Officer Salary Related Cost =
$70,393
-- # of Peace Officers = 79
-- Total Peace Officer Salary Related
Cost = $70,393 * 79 = -$ 5.561.047
-- Support Staff Salary Related
(Employee Services) Cost = $ 8,541,950
-- Number of Support Staff = 154.5
-- Average Support Staff Salary Related
Cost = $8,541,950/154.5 = $ 55,288
2. Non-Salary Related Expense (Supplies and Services)
-- Police Department Supplies/Services
Budget For FY 1992/93: $ 1,666,820
-- Average Peace Officer Supplies/Services Related
Cost = $ 4,112
-- # of Peace Officers = 79
-- Total Peace Officer Supplies/Services Related
Cost = $4,112 * 79 = -$ 324.848
-- Support Staff Supplies/Services Related Cost = $ 1,341,972
-- Number of Support Staff = 154.5
-- Average Support Staff Supplies/Services
Related Cost = $1,341,972/154.5 $ 8,686
3. Cost Per Support Staff Position
$55,288 + $8,686 = $63,974
4. Cost For 2.07 Support Staff
2.07 * $63,974 = ********
$132,426
********
9-17
PAGE 9
__~"..._.~._ __..___.._.__~"., ._.. __'_'_â_"_"_'_~
A IT ACHMENT 1: POLICE SERVICES - FY 1992/93
PART I I: COST CALCULATIONS: SUPPORT STAFF
C. TOTAL POLICE DEPARTMENT COST
l. Cost For 2.31 Peace Officers $172,107
2. . Cost for 2.07 Police Deaprtment Support Staff $132.426
$304,533
D. CITYWIDE OVERHEAD (.1778) $ 54.146
********
E. TOTAL POUCE RELATED CHARGES $358,679
********
9-/y
PAGE 10
..->_.-.-.-------._-- --~ - -~ -_.~-~-_.-
01 ,n.vIWIC.111 ~fI
"
!-
C I T Y o F C H U l A V 1ST A
INDIRECT COST RATE
MAJOR GRP/ACTIVITY INDIRECT DIRECT CC»IMENTS
.--------_.. ----------- ----------- ..-....-------...----
CC»IMUNITY PROMOTION S22,200
80S & COMMISSIONS S52,350
CITY ATTORNEY S90.000 $615,620 Ind: Other Specialized Legal Svs.
Dir: Employee Svs. plus direct S&5.
CITY CLERK S21~.180 S78,900 Dir: City Clerk only
CITY COUNCIL S71,010 S2~7,510
ADMINISTRATION S1..071..226 S152,12~ Dir: City Manager only
MANAGEMENT SVS. S1,063,96O
PERSONNEL $853,391 S78,849 Oir: Risk Manager only
COMMUNITY DEVELOPMENT S1,121,39O
FINANCE S1,250,633 $113,917 Dir: Finance Director only
PLANNING S1,800,680
INSURANCE S607.538 Ind: ExcLudes claims and related exp
NON·DEPARTMENTAl S313,640 S150,060 Ind: Budget less direct portion
Other Refunds.. and PERS Credit
POll CE S1~.10I,3~0
FIRE S6..365,830
BUILDING & HOUSING S160,823 SI,118,886 too: COClItU'1iactions division
PII/ENGINEERING S1,261.330 S7,362, 630 100: Custodial/Maintenance divisions
PARK & RECREATION S3,531,873
LIBRARY S2,201,610
PARKINGHETERS S258,200
BAYFRONT CONSERVANCY S255,850
-------------.- ---------------
SUB TOTALS S7,032,283 S39,555,267
8ASE INDIRECT COST RATE: S7,032,283 / S39,555.267 = 17.77837%
Less: PERS Credit of
S1,261,170 (S190,371) (S1,070,799)
$6,841,912 / S38.~84.~68 = 17.77837>:
Unless otherwise noted. direct costs represent department salaries end wages
and indirect costs represent the overhead departments' budgets less equipment
replacement, capital outlay and any identified direct portion.
9-/9
PAGE 11
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85 lN3WHJVilV q - :;..(J
u___.,·_ ---.- -_.._- .-.---...---.-- -
ATTACHMENT 2: FIRE SERVICES - FY 1992/93
PART II: COST CALCULATIONS
A- FIRE COMPANY COSTS- (FS #1)
NOTE: Two fire companies operate out of the City's fire stalÌon # 1 which provides
primary protection for the tidelands area. Costs detailed in seclÌon 1 below are the
total costs for both companies. To obtain the cost for one fire company, the average
cost of the two companies is subsequently calculated.
1. Salary Related Expense (Employee Services)
.- Salary: 6.0 Captains $ 329,7811
n Salary: 6.0 Engineers $ 276,993
n Salary: 12.0 Fire Fighters $ 492,114
-- Overtime (ALL) $ 96,552
-- Reûrernent (ALL) $ 250,301
-- Benefits (ALL) $ 118,810
-- Medicare (ALL) $ 17,334
n Wrks Comp (ALL) $ 88.463
TOTAL COST (2 Companies): $1,670,348
2. Non-Salary Related Expenses (Supplies and Services)
-- Cleaning $ 4,800
n Supplies $ 77,199
.- Equipment Replacement $ 56.538
TOTAL COST (2 Companies): $ 138,537
3. Total Direct Cost
($1,670,348 + $138,537) $1,808,885
4. AVERAGE FIRE COMPANY DIRECT COST
(1,700,221/2) $ 904,442
1 All.. salary figures are prorated to reflect beginning year and mid-year salary increases.
PAGE 13 9'~1
--- ----..-- _._.~- --.-.-.-. ._~_..._-,_._---_..
ATIACHMENT 2: FIRE SERVICES - FY 1992/93
PART II: COST CAlCULATIONS
B. FIRE DEPARTMENT SUPPORT STAFF
1. Salary Related Expense
NOTE: Costs detailed in section 1 below are for All support staff (excluding fire
prevention). To obtain the costs attributable to one fire company, total costs are
divided by the City's total number of fire companies (7).
-- Salary: 1.0 Fire Chief $ 85,651
n Salary: 3.0 Battation Chiefs $ 211,920
n Salary: .5 Principal Management Anal $ 28,671
n Salary:, 1.8 Secretary/Clerical $ 57,131
-- Salary: 1.0 Training Officer (Capt) $ 54,964
n PERS (ALL) $ 91,803
n Benefits (All) $ 37,094
.- Medicare (ALL) $ 6,356
n Wrks Comp (ALL) $ 28.375
TOTAL SUPPORT STAFF COST: $ 601,964
2. AVERAGE FIRE COMPANY SUPPORT COST:
($601,964/7 fire companies) 85,995
C. TOTAL FIRE DEPARTMENT FIRE COMPANY COSTS
1. Fire Company Direct Cost: $ 904,442
2. Fire Company Support Cost: $ 85.995
**********
$ 990,437
**********
D. PAYMENT FOR FIRE PROTECTION SERVICES
1. Payment Factor (9% of Fire Company Cost)
($990,437 * .09) $ 89,139
2. Citywide Overhead (.1778) $ 15.849
($89,139 *.1778)
3. TOTAL FIRE RELATED ŒlARGES **********
$ 104,988
**********
PAGE 14 9"';2)"
- ~---_._,-- - ----,.,..~ -""'--'--'--~-"-"-"-'-+"----------"-'- .........------
Exhibit P-94
CITY OF CHULA VISTA
POLICE COST
TIDBLAlIDS AREA - ROllI TAX PROPBRTIBS
FOR THE YEAR BJlDING JUNE 30, 1994
Description Reference/Formula Jmu1t
Beat Officer Cost
Number of officers required(FTE) Attachment 1, Part I 2.31
Annual cost per officer Attachment 3, Part II rn,533
Total Beat Officer Cost ($77,533 x 2.31) $179,101
Support Staff Cost
Ratio of support staff to officers Attachment 1, Part II 0.8961(0.9)
Number of support staff required (0.8961 x 2.31) 2.Œ
Annual cost per support staff Attachment 3, Part II $64,7Œ
Total Support Staff Cost ($64,707 x 2.07) $133,943
Total Beat Officer and Support Staff Cost $313,044
OVerhead Cost
City overhead Attachment 5A 17.77837%
Total Overhead ($313,044 x .1778) $55,659
Total police Cost $368,703
PAGE 15 9'..23
-------".".-------.- . .__". __ '--0-0 _...____~"__._____________._____
AITACHMENT 3: POLICE SERVICES - FY 1993/94 (Estimated)
PART II: COST CALCULATIONS
A. Peace Officer (E Step)
1. Salary Related Expense (Employee Services)
Salary $47,9974
Benefits $ 5,599
Medicare $ 696
Wrks Comp $ 3,552
PERS $10,074
Overtime $ 4,5645
Bilingual $ 2186
Education Pay $ 5217
Uniform Clng $ 200
$73,421
2. Non-Salary Related Expense (Supplies and Services)8
Training $ 550
Auto Amort $ 3,512
Supplies $ 50
$ 4,112
.
3. Cost Per Peace Officer Position
$73,421 + $4,112 = $77,533
4. Cost For 2.31 Peace Officer Positions =
********
$77,533 * 2.31 = $179,101
********
4 5% above current FY 1992/93 salary level of $45,711.
5 Includes holiday pay.
6 Estimated at lout of 5.5 peace officers qualifying for bilingual pay.
7 Estimated at 2,75 out of 5,5 officers qualifying for lowest level education pay.
S No increase assumed in these accounts over FY 1992/93 levels.
PAGE 16 9,,;;. 'i
- -~"~_.- . . --_._'---".---.---~~--
ATIACHMENT 3: POLICE SERVICES· FY 1993/94 (Estimated)
PART II: COST CALCULATIONS
B. Police Department Support Staff
1. Salary Related Expense (Employee Services)
-- Police Department Emplwee Services
Budget For FY 1992/93: $14,455,572
.- Average Peace Officer Salary Related Cost =
$73,421
.- # of Peace Officers = 79
-- Total Peace Officer Salary Related
Cost = $73,421 * 79 = -$ 5.800.259
-. Support Staff Salary Related
(Employee Services) Cost = $ 8,655,313
-- Number of Support Staff = 154.5
n Average Support Staff Salary Related
Cost = $8,655,313/154.5 = $ 56,021
2. Non-Salary Related Expense (Supplies and Services)
.. Police Department Supplies/Services
Budget For FY 1992/93:7 $1,666,820
-- Average Peace Officer Supplies/Services Related
Cost = $ 4,1128
n # of Peace Officers = 79
-- Total Peace Officer Supplies/Services Related
Cost = $4,112 * 79 = -$ 324.848
n Support Staff Supplies/Services Related Cost = $ 1,341,972
-- Number of Support Staff = 154.5
n Average Support Staff Supplies/Services
Related Cost = $1,341,972/154.5 $ 8,686
3. Cost Per Support Staff Position
$56,021 + $8,686 = $64,707
4. Cost For 2.07 Support Staff
***********
2.07 * $64,707 = $ 133,943
***********
6 Based on a 2.5% average increase in employee services accounts.
7 No increase in these accounts assumed over FY 1992/93 levels,
8 Average expenditure assumed to be same as FY 1992/93.
9 '-25'
PAGE 17
--~"-~-_.__._-..__.~--,.,--- --..---..."'.-....
ATTACHMENT 4
ATTACHMENT 4: FIRE SERVICES - FY 1993/94
PART II: COST CALCULATIONS
A. FIRE COMPANY COSTS (FS #1)
NOTE: Two fire companies operate out of the City's fire station #1 wlúch provides
primary protection for the tidelands area. Costs detailed in section 1 below are the
total costs for both companies. To obtain the cost for one fire company, the average
cost of the two companies is subsequently calculated.
1. Salary Related Expense (Employee Services)
-- Salary: 6.0 Captains $ 349,1021
-- Salary: 9.0 Engineers $ 439,8312
-- Salary: 9.0 Fire Fighters $ 390,710
-- Overtime (ALL) $ 98,966
-- Retirement (ALL) $ 267,715
-- Benefits (ALL) $ 121,855
-- Medicare (ALL) $ 18,540
-- Wrks Comp (ALL) $ 94.617
TOTAL COST (2 Companies): $1,781,336
2. Non-Salary Related Expenses (Supplies and Services)
-- Cleaning $ 4,800
-- Supplies $ 77,199
-- Equipment Replacement $ 56.538
TOTAL COST (2 Companies): $ 138,537
3. Total Direct Cost
($1,781,336 + $138,537) $1,919,873
4. AVERAGE FIRE COMPANY DIRECT COST
(1,919,873/2) $ 959,936
, ALL salary figures reflect ending FY 1992193 salary level plus 5% increase.
2 Operational change impacting number of fire engineers and fire fighters. Overall staffing level
at fire station # 1 remains at FY 1992193 levels.
PAGE 18 9-.2¿
-.--.---. .' .......__..,_.....__."--~._-----
ATTACHMENT 4: FIRE SERVICES - FY 1993/94 (Estimated)
PART II: COST CALCULATIONS
B. FIRE DEPARTMENT SUPPORT STAFF
1. Salary Related Expense
NOTE: Costs detailed in section 1 below are for All support staff (excluding fire
prevention). To obtain the costs attributable to one fire company, total costs are
divided by the City's total number of fire companies (7).
-- Salary: 1.0 Pire Chief $ 89,933
-- Salary: 3.0 Battation Chiefs $ 227,943
-- Salary: 0.0 Principal Mngmnt Anal $ 03
n Salary: 1.8 Secretary/Clerical $ 60,286
.- Salary: 1.0 Trairúng Officer (Capt) $ 58,184
.- PERS (ALL) $ 91,386
-- Benefits (All) $ 34,557
n Medicare (ALL) $ 6,327
-- Wrks Comp (ALL) $ 27.989
TOTAL SUPPORT STAFF COST: $ 596,605
2. AVERAGE PIRE COMPANY SUPPORT COST:
($596,605/7 fire companies) 85,229
C. TOTAL PIRE DEPARTMENT FIRE COMPANY COSTS
1. Fire Company Direct Cost: $ 959,937
2. Fire Company Support Cost: $ 85.229
**********
$1,045,166
**********
D. PAYMENT FOR FIRE PROTECTION SERVICES
1. Payment Pactor (9% of Pire Company Cost)
($1,045,166 * .09) $ 94,065
2. Citywide Overhead (.1778) $ 16.725
($94,065 *.1778)
3. TOTAL FIRE RELATED CHARGES **********
$ 110,790
**********
3 Reorganization assumed; staff assistance to be provided by PAPE Unit.
PAGE 19 9-~?
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COUNCil AGENDA STATEMENT
Item /P
Meeting Date 3/15/94
ITEM TITLE: Resolution 17¥ 17 - Accepting Bids and Awarding Contract
for one 105' Aerial ladder Truck to Smeal Fire Apparatus
Company; Rejecting two Bids as Non-responsive, and Authorizing
the Mayor to Execute the Agreeme?1t.
SUBMITTED BY: Interim Finanr Administratof?~
Fire Chief 9Þ
REVIEWED BY: City Manage~ , ~ (4/5ths Vote: Yes_No'xJ
The 1972 Crown aerial ladder truck in use has exceeded its replacement schedule of
20 years, and was approved by the Council to be replaced in Fiscal Year 1993-'94.
RECOMMENDATION: That the Council reject the two bids submitted by KME Fire
Apparatus Company and Sutphen Corporation as non-responsive, accept the
remaining bids, award the contract to Smeal Fire Apparatus Company, and authorize
the Mayor to execute the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
Backaround
The current aerial ladder truck was purchased in 1972 and exceeds its replacement
schedule of 20 years, The City Council approved the replacement of this apparatus
in the FY 93-94 Equipment Replacement Budget, and appropriated $450,000 for the
purchase.
The Formal Bid Process
The Formal Bid process was initiated by compiling a list of potential bidders from
current Fire Service publications, including Fire Chief, Fire Enaineerina, and American
Fire Journal. Bid specification packages were mailed to 12 vendors on December 8,
1993 and a pre-bid conference was held on December 17, 1993 with the City's
Purchasing Agent, the Fire Chief and three technical advisors from the Fire
Department. During the period from December 17, 1993 to January 21, 1994 at
10:00 a.m. when the bids were due, a technical advisor was available to all bidders
to answer any questions which might arise,
On January 21, 1994 at 10:00 a.m" the bidding was officially closed, and the four
sealed bids submitted were opened with the four vendors present. late in the
afternoon of Friday, January 21, a fifth bid was received, and on Monday, January
24, a sixth bid was received, The Purchasing Agent returned the two late bids to the
respective bidders (KME Fire ADoaratus Comoanv and SutDhen Corooration) unopened.
11/ wI
. -----...- ._.-,-..
Item /~
Meeting Date 3/15/94
The following bids were submitted:
Bidder Unit Price* Sales Tax Total Price $ Diff % Diff
Smeal Fire $404,210 $31,326 $435,536 -- --
Apparatus Co.
Torrance, CA
Pierce Mfg. $424,316 $32,884 $457,200 $21,664 5.0%
Ontario, CA
Haaker Fire $440,287 $34,122 $474,409 $38,873 8.9%
Equipment
Pomona, CA
Simon Ladder $448,875 $34,788 $483,663 $48,127 11.1 %
Towers, Inc.
Fontana, CA
* Each of the bidders were requested to bid an optional chassis lubrication system,
which the Department has now decided to include in the truck manufacture. The
amount of each bidder's chassis lubrication system was added to each base bid for
bid comparison purposes (Smeal bid: $2,126). Additionally, the City is requesting
that an additional operator warning device ($300) be included (as is standard on the
newer engines purchased by the City) to alert the driver to pending transmission
malfunction. This item was inadvertently omitted from the specifications. The cost
of this item was also added to each of the bids for comparison,
Low Bidder
The low bid submitted by Smeal Fire Apparatus Company meets the specifications
required by the City. References supplied by Smeal Fire Apparatus Company and
references obtained separately were checked nationwide; all parties were extremely
pleased with the service and the equipment.
Modifications to Fire Station One
Fire Station One (in the Civic Center complex) with its interior apparatus bays was
built in 1947 to accommodate a wide array of fire apparatus. Over the years, fire
apparatus have changed in size and configuration as a result of new technologies, the
operational needs for the equipment, and Federal and State safety requirements.
Current safety requirements mandate features be included on all new aerial ladder
trucks which increase their overall height beyond that able to be accommodated by
the current apparatus bay door dimensions. Consequently, there was no other choice
to consider but to increase the height of one of the doors by less than a foot.
Before the formal bid process began, the necessary modifications to the Station were
evaluated by both City and private engineers. This Minor CIP project will be submitted
as part of Public Works/Ops' FY 94-95 budget request ($15,300), and includes some
minor engineering costs, saw cutting, and restuccoing of the exterior walls.
I~ -.2-
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Item J~
Meeting Date 3/15/94
DisDosition of Existina ladder Truck
Following delivery, acceptance by the City, initial training, and placement of the new
truck into service, the existing ladder truck will be disposed of by the City through its
normal processes (direct sale, auction, etc.)
FISCAL IMPACT:
The fiscal impact of the recommended action is $435,536.28 which is within the
$450,000 appropriated in the equipment replacement account for this unit.
A:\AER/AL.113
11/".3 /10-'-1
., .---...--.- ". -"-"_._.,._--_._-~--~
RESOLUTION NO. /7'1/ ?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR ONE 105' AERIAL LADDER TRUCK TO
SMEAL FIRE APPARATUS COMPANY; REJECTING TWO
BIDS AS NON-RESPONSIVE AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE THE PURCHASE ORDER
WHEREAS, the 1972 Crown aerial ladder truck in use has
exceeded its replacement schedule of twenty years, and was approved
by the council to be replaced in Fiscal Year 1993-94; and
WHEREAS, on January 21, 1994 at 10:00 a.m., four sealed
bids were received for one 105' aerial ladder truck as follows:
Bidder unit price* Sales Tax Total Price
Smeal Fire $404,210 $31,326 $435,536
Apparatus Co.
Torrance, CA.
pierce Mfg. $424,316 $34,122 $457,200
Ontario, CA.
Haaker Fire $440,287 $34,122 $474,409
Equipment
Pomona, CA.
Simon Ladder $448,875 $34,788 $483,663
Towers, Inc.
Fontana, CA.
* Each of the bidders were requested to bid an optional
chassis lubrication system, which the Fire Department has
decided to include in the truck manufacture. The amount
of each bidder's chassis lubrication system was added to
each base bid for bid comparison purposes (Smeal bid:
$2,126) . Additionally, the City is requesting than an
additional operator warning device ($300) be included (as
is standard on the newer engines purchased by the City)
to alert the driver to pending transmission malfunction.
This item was inadvertently omitted from the
specifications. The cost of this item was also added to
each of the bid for comparison.
WHEREAS, bids from KME Fire Apparatus Company and Sutphen
Corporation were received late and were returned unopened by the
Purchasing Agent; and,
1
/P-:5
.....--.---- . ..~_.__._,._..",. .__..~.__..,----_.
WHEREAS, the low bid submitted by Smeal Fire Apparatus
Company meets the specifications required by the City and is
acceptable to the Fire Department.
NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council
of the city of Chula vista does hereby accept said four bids and
awards the contract for one 105' Aerial Ladder Truck to Smeal Fire
Apparatus Company with the chassis lubrication system option and
transmission warning device in the amount of $435,536 pursuant to
the purchase order contract on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the City Council does hereby
reject the two late bids as being non-responsive.
BE IT FURTHER RESOLVED that the Purchasing Agent of the
City of Chula vista is hereby authorized and directed to execute
said purchase order contract for and on behalf of the City Chula
vista. /' /
by n
James B. Hardiman ¿ Bruce M. Boogaa d, ~
Fire Chief Attorney
c: \ rs\ firetrck. bid
2
/1/-1,
- _._..._-_.__._-----+_._._-~+--_._~_._~---
(leM Ii Iû
REQUISITION DEPARTMENT REQUISITION NUMlfl{ --I
o STORES Ilì PURCHASING FD 93/94-145
PLEASE FURNISH THE FOLLOWING AND DElIVER TO '"..,,<~O. "'"",,-= ."",." ro ."""1
CONDUCT THE ACTIVITIES OF THE DEPARTMENT. FUNDS AIU À'v'AllAfH E IN
THE CURRENT BUDGET
Fire Department
CI1Y OF 3/10/94
CHUIA VISTA ON OR BEFOIU DATE
PURCHASINC AtENT APPROVAL BY ADMINISTRATOR'S APPROVAL IY FINANCE APPROVAL BY ACCOUNT NUMRER ~
~UANTITY UNIT STOCK DESCRIPTION QUANTITY UNIT ~MOUN0
R QUESTED NUMBER FURNISHED PRICE
The City of Chula Vista accepts your offer
for the following:
-
1 ea Smeal/Spartan S-105' aerial ladder fire
--
truck per Bid No. 9-93/94 specifications 401 784.00
Optional ~u~ment
------- ----.,--.-.-
1 ea Vogel Lubrication Systems of America, Inc.
.'-..
automatic chassis lubrication system 2 126.00
---'--'-- j----- -
1 ea Operator Warning Device 300.00
:rcr;\Jlr
7-3/4% Calif. Sales Tax 31 326.28
-- ---.---
Total 435 536.28
- - --
- -..- _. -- r---
Approved by Council Resolution No. -
--~--"--- -----,.- -...._--- - ._..._._~---_..-..
Terms: Net 30 Del: 270-330 days
r- -- -
Vendor:
Smeal Fire Apparatus Co.
.----.---- --- --.--
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~ILLED BY DATE RECEIVED REC£IVED BY PRICED ....ND POSTED L,HASE ORDER NUMBER 'U.ëHASINC. STORE< NUM'J
-PÜRCHÄSiÑC·ÜSE ONLY --- ----~-- -~----~~
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COUNCIL AGENDA STATEMENT
·
Item II
Meeting Date 3/15/94
ITEM TITLE: Resolution J 7 "II? Amending Schedule II, Section 10.52.030 of
the Chula Vista Municipal Code - Special Stops Required and Affirming
Trial Traffic Regulation #131 for an All-Way Stop at Rancho del Rey
Parkway and Paseo Ranchero and Adding this location to Schedule II
"""'"" "'" .., """""", r!
SUBMITfED BY: D..... of """lie w1Pt
REVIEWED BY: City Manager..JG\ ~ .--. (4/5ths Vote: Yes_No.1O
Upon completion of the new Discovery Elementary School, the City Engineer determined on the
basis of Traffic Engineering studies, that there was a need to post an all-way stop at the
intersection of Rancho del Rey Parkway and Paseo Ranchero.
·
This intersection is located near the newly opened Discovery Elementary School. The intersection
is a T-intersection in a residential neighborhood. The staff has completed an all-way stop warrant
study and concludes that this intersection will operate at a safer level with the all-way stop. A
significant number of school children must cross this intersection on their way to school. This
intersection is on the suggested route to school map for Discovery Elementary School.
RECOMMENDATION: Approve the resolution affirming this Trial Traffic Regulation making
an all-way stop at Rancho Del Rey Parkway and Paseo Ranchero pennanent.
BOARDS/COMMISSIONS RECOMMENDA nON: The Safety Commission on February 10,
1994, voted MSUC 7-0, all members present, to support staff's recommendation and recommend
to City Council to pass a resolution making this Trial Traffic Regulation pennanent.
DISCUSSION:
On August 24, 1993, staff sent to the City Council, a Trial Traffic Regulation #131 to establish
an all-way stop at the intersection of Rancho del Rey Parkway and Paseo Ranchero. This Trial
Traffic Regulation stated the following:
·
SCHEDULE n . SPECIAL STOPS REQUIRED
Intersection Traffic Stopped On Signs
Rancho del Rey Parkway Rancho del Rey Parkway 2'
and Paseo Ranchero and Paseo Ranchero
·Stop sign on Paseo Ranchero was already existing.
1)- J
-- --.~--..._--------- -.
Page 2, ItemJL
Meeting Date 3/15/94
Said regulations became effective upon the posting of signs on September 14, 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 10,12,030 has been made,
In accordance with Section 10,12,030 of the code, City Council must now pass a resolution
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: Staff previously spent $275 to improve this intersection and add the stop
sIgns,
File Number: CY -027 FXR.IDMW]
WPC F:\home\engineer\agenda\resodelr
Attachments: Area Plat
Excerpt Safety Commission Minutes Dated 2/10/94 NOT SCANNED
Trial Traffic No, 131 N
OT Sc.'\.'\iNY,D
IJ"~
--,-,..--.-.. ....-....-..,-,.-,.-.--.,..-.-
RESOLUTION NO. 17J./1 a/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SCHEDULE II, SECTION
10.52.030 OF THE CHULA VISTA MUNICIPAL CODE -
SPECIAL STOPS REQUIRED AND AFFIRMING TRIAL
TRAFFIC REGULATION #131 FOR AN ALL-WAY STOP AT
RANCHO DEL REY PARKWAY AND PASEO RANCHERO AND
ADDING THIS LOCATION TO SCHEDULE II MAKING
THIS STOP PERMANENT
WHEREAS, upon completion of the new Discovery Elementary
School, the city Engineer determined on the basis of Traffic
Engineering studies, that there was a need to post an all-way stop
at the intersection of Rancho del Rey Parkway and Paseo Ranchero;
and,
WHEREAS, this intersection is located near the newly
opened Discovery Elementary School and is aT-intersection in a
residential neighborhood; and,
WHEREAS, the staff has completed an all-way stop warrant
study and concludes that this intersection will operate at a safer
level with the all-way stop; and,
WHEREAS, the Safety Commission on February 10, 1994,
voted to support staff's recommendation and recommend to city
Council to pass a resolution making this Trial Traffic Regulation
permanent.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula vista does hereby amend Schedule II, Section
10.52.030 of the Chula vista Municipal - Special stops Required and
Affirming Trial Traffic Regulation #131 for an All-Way stop at
Rancho del Rey Parkway and Pas eo Ranchero as follows:
SCHEDULE II - SPECIAL STOPS REQUIRED
Intersection Traffic stopped On Signs
Rancho del Rey Rancho del Rey 2·
Parkway and Paseo Parkway and Paseo
Ranchero Ranchero
'stop sign on Paseo Ranchero was already existing.
Presented by ved r
( f
John P. Lippitt, Director of Bruce M.
Public Works Attorney
C:\rs\Stopsign.rdr
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- .~ 8/20/93
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- --- -- ,.---- -. ,--.,.----. '-..- -----------.-
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. Roll Call:
Present: Chair Thomas, Vice Chair Padilla, Commissioners Bierd , Koester, Matacia, I
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. pled2e of Alle2ÎancelSilent Praver
3. Ooenin2 Statement - Read by Chair Thomas
4. Aooroval of Minutes:
MSC (Koester/Matacia) to approve the minutes of November 11, 1993 as presented. Approved 6-0-0-1 with
Commissioner Pitts abstaining.
5. Safety Commission Meeting Onler of Progression - For Commissioner information.
MEETING AGENDA
6. REPORT Affirming Trial 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 (Koester/Pitts) 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 wesl of Broadway Section 10.48.050
Frank Rivera presented staff's report.
MSUC (Koester/Smith) that the Safety Commission recommend that the City Council approve an ordinance
to make the speed 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, 818 Lori Lane, Chula Vista, CA 91910. Mr.
Hlava supported staff's recommendation to make the trial traffic regulations permanent and said the installation
of the stop sign and double yellow lines had improved the situation and that the neighbors were happy with
the changes. II" "
UNOFFICIAL MINUTES
_.,"-,...,"--,-,....,-~,..-.,-_._..._,._...,._._------_.+-~--,---- ------- ..-
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INF.QR,MA T!.Q.N IIE,M
(. , August 24, 1993
,...File: CY '()27
TO: The Honorable Mayor and City Council
VIA: 10hn Goss, City Manager ~ ~~
FROM: 10hn P. Lippitt, Director of Public Work~
SUBJECT: Establishing a Trial Traffic Regulation
Pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code, adopted by
Ordinance No. 1625 on May 27. 1975, the City Engineer has detennined that in the interest of
minimizing traffic hazards and congestion and for the promotion of public safety, there is hereby
established an all-way stop at the intersection of Rancho Del Rey Parkway and Paseo Ranchero.
10.52.030 SCHEDULE n - SPECIAL STOPS REOUIRED
Intersection Traffic StODDed on ~
( Rancho Del Rey PkwylPaseo Ranchero Rancho Del Rey Pkwy and Paseo Ranchero 2*
*SIOP sign on Paseo Ranchero was already existing
.
The above intersection is located near the newly opened Discovery Elementary School. The
intersection is aT-intersection in a residential neighborhood. Staff has completed an all-way stop
warrant study and concludes that this intersection will operate at a safer level with the all-way
stop. A significant number of school children must cross this intersection on their way to school.
This intersection is on the suggested rc.lte to school map for Discovery Elementary School.
Said regulation to become effective upon the posting of signs. The regulation shall run for a trial
period of 8 months from the date of such posting, at which time a review of said regulation will
be made to detennine ü it should be made pennanenL
Attachments: Area Plat
(
WPCFt.. ~242.93 II, ?
/31
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COUNCIL AGENDA STATEMENT
Item (l..
Meeting Date 3/15/94
ITEM TITLE: Public hearing to form Open Space Maintenance District No. 31,
Telegraph Canyon Estates
Resolution \'ìL( \O¡ Ordering the improvements and the
formation of Open Space Maintenance District No, 31, Telegraph
Canyon Estates, confirming the district diagram and levying the
assessments for fiscal year 1994-95,
SUBMITTED BY: Director of Public Works#
Director of Parks and~reation
REVIEWED BY: City Manage~ ~ J (4/5ths Vote: Yes_No..XJ
On January 25, 1994, by Resolution No, 27374, the City Council approved the Engineer's
report on the proposed Open Space District No, 31, Telegraph Canyon Estates and set March
8 and 15, 1994 as the dates for the public hearings on the proposed formation, This meeting
shall afford all interested parties the opportunity to hear and be heard pursuant to Section
22590 of the Government Code,
RECOMMENDATION: That Council:
After the public hearing, approve a resolution ordering the improvements, forming the district,
confirming the district diagram, and levying the FY 1994-95 assessment for Open Space
District No, 31, Telegraph Canyon Estates at $407,25 per year per lot. Reject the option of
consolidating this District with OSD #24(Canyon Views),
BOARDS/COMMlSSIONS RECOMMENDATION: Not applicable,
DISCUSSION:
BACKGROUND
Open Space District No, 31, Telegraph Canyon Estates is located on the north side of Otay
Lakes Road, approximately 1,500 feet east of Rutgers Avenue and west of the SR-125 corridor,
The adoption of this resolution will order the formation of Open Space District No, 31 to levy
and collect assessments for the maintenance of Opèn Space Lots lA, lB, 1C, 2A, 2B, and 3A
as shown on the attached diagram of Open Space District No, 31, Telegraph Canyon Estates
and consist of the following improvements:
1. 11,04 acres of irrigated open space
2. 23.44 acres of non-irrigated open space
3, A .45 acre mini-park with tot lot and half basketball court
12- (
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Page 2, Item I J-
Meeting Date 3/15/94
4, Two tennis courts
5, A pedestrian path
6, Sound walls
7, Exterior lights
8. Drinking fountains
9, Benches and picnic tables
10, Tennis court access road and parking lot
11. Facilities necessary for the maintenance of the above mentioned improvements
In addition, the district will contribute a pro rata share of:
1. Median and parkway maintenance costs along Otay Lakes Road,
2, Telegraph Canyon Channel maintenance costs,
The Engineer's report which was approved by Resolution 17374 of the City Council is attached
for Council viewing. The report includes:
1. plans and specifications for the improvements;
2, an estimate of the costs of the improvements;
3, a diagram for the assessment district;
4. an assessment based on the improvement costs,
The estimated total annual maintenance cost for the district is $140,500 which translates into
$407,25 per dwelling. The anticipated time of turn over of the open space lots to the City for
maintenance is December of 1995, The district will be assessed for a full year for fiscal year
1995-96 in order to accumulate a reserve pursuant to Section 17,070,030 of the Municipal
Code, However, since the cost for FY 1994-95 is estimated to be only $25,22 per dwelling
unit to maintain the prorata share of medians and the Telegraph Canyon Channel, since they
are existing improvements, staff is recommending the city rebate a portion of the assessment
not needed for next fiscal year, The engineer's report contains a detailed description of
improvements, the boundaries, total cost estimate, cost breakdown and spread thereof.
NOTICE
These hearings have been noticed by the City Clerk in accordance with Sections 22556 and
54954,6 of the Streets and Highways Code, Letters were sent to all property owners (Baldwin)
informing them of the proposed assessment 45 days prior to the public hearing stating the
approximate assessment per parcel and informing the owner of the right of majority protest to
abandon the proceedings, If at least 50% of the property owners by land area protest the
formation of this district then the proceedings must be abandoned. The notice was published
at least once a week for three weeks, and the last notice was at least 10 days before the second
public hearing.
In addition, all future property owners that Baldwin sells homes to will be notified of the open
space district and estimated cost pursuant to Ordinance 2275, The owners will also be notified
/2-2-
-_._---~-,-,-,-_...__.._._._'"_.----..-.--,.
Page 3, Item I~
Meeting Date 3/15/94
that the open space and recreation facilities are public improvements maintained by Open
Space District 31 and are available to the public at large,
SHOULD THIS DISTRICT BE CONSOLIDATED WITH OSD-24 (CANYON VIEWS)?
In a related matter, by direction of Council, staff has been working with the Homeowners of
Open Space District #24 (Canyon Views, at the intersection of Rutgers Ave. and East H St.)
, to investigate a method that could lower their annual assessments, In a brainstorming
workshop with the residents, several options were presented for further analysis, One of those
options was to consolidate OSD-24 with a future formed open space district.
Although a final decision does not have to be made on this issue concerning the alternatives
at this time, the option to consolidate OSD-24 with this district (OSD-31) would, for all
practical purposes, be closed if OSD-31 is formed tonight without deciding on that option,
PROS
· The advantage to consolidate the Districts is that the annual assessment for Canyon
Views OSD-24 would decrease about $120 per year ($10 per month), Their tentative
annual assessment for next year is around $500,
CONS
· Proposed OSD-31 is on Otay Lakes Road while OSD-24 is on East H St. There is no
direct connection between the two developments, and because of the small recreational
facility in OSD-31, the nature of the facilities are different. Also, with the closure of
Gotham, access between the two developments is quite difficult. From an assessment
engineering standpoint, it would not be justified to give equal assessments to ,both areas,
which would be the result if the districts were consolidated, Because of this the
Director of Public Works and the City Attorney have opined that there is legal problem
in consolidating the two districts with a common assessment.
· OSD-24 has been in full operation with full assessments for two years, OSD-31 will
not be accepted for maintenance until Ian 1996, Therefore, staff was proposing to
charge full assessments to OSD-31, but rebate, most of the assessment for the first year,
This would be impossible to do if the districts were consolidated since we would be
rebating only to a part of the consolidated district, and not the portion for OSD-24,
· The assessment for OSD-31 would increase by $15 per year or from $407 to $422,
Although this is not a large amount, when it was proposed to consolidate OSD-24 with
Bonita Long Canyon OSD, raising their annual assessment a similar amount, there was
great opposition from Bonita Long Canyon Residents,
Because staff believes the Cons outweigh the Pros, and because staff is still investigating other,
ways of lowering the assessments for OSD-24, including a methodology which has already
been implemented, (combining contract maintenance with Bonita Long Canyon Bid), and
12~3
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Page 4, Item.l.h..
Meeting Date 3/15/94
because the Director of Public Works and City Attorney have opined that the assessment
charged to each area would have to be different staff recommends against the consolidation
of the districts.
Staff is still working with the Homeowners of OSD 24 to develop other ways to keep their
costs down, Some of the alternatives being analyzed are:
1. Transferring maintenance to the Homeowners Assn,
2. Changing the Landscaping to lower the maintenance costs,
3, Cluster bids with other districts to experience cost savings, (this was already done this
year for OSD 24)
4, Form a Scenic Corridor Open Space Maintenance for the Eastern Area,
This report will come back to Council prior to or at the time next year's assessments are
levied,
Should Council decide that the two districts should be consolidated, then the following
procedure is recommended:
1. OSD-31 should be formed tonight, with the requirement that the developer sign an
agreement not to oppose the consolidation,
2. Staff be directed to complete an Engineer's report and set Public hearings to consolidate
the two Districts as soon as possible,
After conducting the public hearing, the final step in the proceedings for the formation of the
district requires that Council adopt a resolution which: (I) orders the improvements, (2) fonus
the open space maintenance district, (3) confinus the district diagram, and (4) levies the
assessment either as originally approved in the engineer's report or as modified by Council
subsequent to the public hearing,
FISCAL IMPACT: The City recovers costs from Open Space District Assessments, Costs
associated with es1ablishing the district are covered by a deposit made by Baldwin Vista
Associates,
Attachments: A - Boundary Map
B - Engineers Report for the proposed district
C - Disclosure Statement NOT SCANNED
TAlFile: 08-035
WPC F:\HOME\ENGINEER\AGENDA\OSD3IREV
1.2-'{-
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RESOLUTION NO. I / ¥ / 9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE IMPROVEMENTS AND THE
FORMATION OF OPEN SPACE MAINTENANCE DISTRICT
NO. 31, TELEGRAPH CANYON ESTATES, AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR
FISCAL YEAR 1994-95
WHEREAS, the developer of Telegraph Canyon Estates
SUbdivision, has petitioned for the formation of an open space
district in accordance with the criteria contained in Chapter 17.07
of the Chula vista Municipal Code, incorporating in substantial
part the Lighting and Landscaping Act of 1972 (commencing at
section 22500 of the Streets and Highways Code); and,
WHEREAS, pursuant to the provisions of Streets and
Highways Code Section 22585, the City Council on October 19, 1993
adopted Resolution No. 17283 proposing to initiate proceedings to
form the assessment district consisting of all property with the
boundaries shown on Exhibit A and calling for an engineer's report
to describe the improvements; and,
WHEREAS, on January 25, 1994, by Resolution No. 17374,
the city Council approved the Engineer's Report on the proposed
Open Space District No. 31, Telegraph Canyon Estates, and declared
its intention to order the formation of the assessment district at
public hearings to be conducted on March 8, 1994 and March 15,
1994, in accordance with the provisions of section 22587 of said
Act; and,
WHEREAS, the City Clerk has given notice of said public
hearing by causing the resolution of intention to be published,
posted and mailed as provided in section 22556; and,
WHEREAS, on March 8 and March 15, 1992, the city Council
conducted public hearings and afforded all interested persons the
opportunity to hear and be heard, and considered all oral
statements and written protests or communications made thereat or
filed by any interested person and received any and all protests
regarding the formation of the district and the levy of the
proposed assessment; and,
WHEREAS, at said public hearings the city Council
overruled any protests and ordered the improvements to be made and
the formation of Open space Maintenance District No. 31 and
confirmed the diagram of the District.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby order the formation of Open
1
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Space Maintenance District No. 31 and confirm the diagram and
assessment for said district in the amount of $407.25 per unit for
the full fiscal year as set forth in accordance with Article 4 of
Chapter 1 of the Landscape and Lighting Act of 1972 for Open Space
District No. 31 and Chapter 17.07 of the Chula vista Municipal
Code, and authorize the city Manager or his designee to rebate by
check, all amounts received in the 93-94 fiscal year in excess of
$25.22 per E.D.U.
Presented by
¿
John P. Lippitt, Director of 'BruceM.
Public Works
C:\rs\OSD31.for
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. OPEN SPACE DISTRICT NO. 31 I
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO. STATE OF CALIFORNIA
TELEGRAPH CANYON ESTATES
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ENGINEERS REPORT FOR THE PROPOSED OPEN SPACE
MAINTENANCE DISTRICT '31, TELEGRAPH CANYON ESTATES
January 11, 1994
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1. INTRODUCTION
This report was prepared pursuant to City Council direction and in compliance with the
requirements of Division 14, Part 2, Chapter 1 of the Streets and Highways Code of the State
of California and the Chula Vista Municipal Code, Section 17.07.
On January 19, 1993, by Resolution No. 16960, the City Council approved the tentative map
for Telegraph Canyon Estates, Chula Vista Tract 93-03 located on the north side of Otay Lakes
Road, approximately 1,500 ft. east of Rutgers Avenue and west of SR-125. The conditions of
approval for the tentative map required that all open space lots and the SR-125 corridor be
included in an open space maintenance district. The developer requested the formation of said
district in a letter dated May 19, 1993.
The proposed open space maintenance district includes a public park with tot lot, half basketball
court and two tennis courts. These public facilities will be maintained by only those property
owners within the district. It is intended that 9.4 acres of dedicated open space later be used
for transportation purposes related to the alignment of SR-125.
A portion of Telegraph Canyon Channel is located within the district; however, staff is in the
process of forming Eastlake Maintenance District No.1, Zone E, which upon Council approval
will maintain Telegraph Canyon Channel. Telegraph Canyon Estates (OSD-31) will pay for this
maintenance on a pro rata basis. OSD-31 will also pay for maintenance of medians and
parkways along Otay Lakes Road on a pro rata basis along with EastLake Maintenance District
No. 1.
II. BOUNDARIES OF THE DISTRICT
The boundary of OSD-31 is completely within the City of Chula Vista and corresponds to the
boundary shown on the Assessment Diagram given in Exhibit C. As permitted in the Streets
and Highways Code, the details of the individual lots (dimensions and bearings) are shown on
the County Assessor's Maps for these properties, on file in the San Diego Assessor's Office.
III. PROPOSED DEVELOPMENT
Telegraph Canyon Estates proposes the construction of 345 residential and 6 open space lots.
All dwelling units are on residential lots and will be single family, detached. The 36 acres of
open space will contain passive and active uses to include: 2 tennis courts, a mini-park
containing a half basketball court and tot lot, irrigated and on-irrigated open spaces, sound walls,
lighting and a parking lot.
I~-i Page 1
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IV. MAINTENANCE ITEMS (Plans and Specifications)
A Definitions
1. "Maintain" or "maintenance" means the furnishing of services and materials
for the ordinary and usual maintenance, operation, and servicing of any
improvement, including:
a. Repair, removal or replacement of all or any part of any improvement.
b. Providing for the life, growth, health and beauty of landscaping,
including cultivation, irrigation, trimming, spraying, fertilizing, or
treating for disease or injury.
c. The rèmoval of trimmings, rubbish, debris, and other solid waste.
d. Providing administration for the maintenance of improvements.
e. Maintenance will conform to approved plans for the subject area.
2. "Improvement" means one or any combination of the following:
a. The installation of planting or landscaping.
b. The installation or construction of supplemental facilities.
c. The installation or construction of supplemental public lighting
facilities.
d. The installation of construction of any facilities which are appurtenant
to any of the foregoing or which are necessary or convenient for the
maintenance or servicing thereof, including grading, clearing, removal
of debris, the installation or construction of curbs, gutters, walls,
sidewalks, paving, water, irrigation, drainage, or electrical facilities.
e. The installation of view, sound, wrought iron and decorative walls,
pedestrian fences and retaining walls.
f. The installation of pedestrian walks.
g. The maintenance or servicing, or both, of any of the foregoing.
B. Description of Items
The facilities and items to be maintained by Open Space District #31 are shown on
the improvement plans on file with the City Engineer (Drawing Nos. 93-198 to 93-
232) as follows:
1. Maintain open space lots owned in fee by the City of Chula Vista.
Maintenance will conform to approved landscape plans for subject area.
2. Maintain wrought iron, sound and decorative walls.
3. Neighborhood park, children's play lot (tot lot), half basketball court,
pedestrian path, two tennis courts, parking lot with access road and
accompanying facilities located on open space lots owned in fee by the City
of Chula Vista.
4. Maintain a pro rata share of medians and parkways within Eastlake
Maintenance District No.1, Zones A and B (Otay Lakes Road).
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5. Maintain a pro rata share of Telegraph Canyon Channel within proposed
Eastlake Maintenance District No.1, Zone E also known as Otay Lakes
Road Phase 1, Telegraph Canyon Road Phase 2, and Otay Lakes
Road/Telegraph Canyon Road Phase 3.
V. COST ESTIMATE
The estimated annual costs for Telegraph Canyon Estates, Maintenance District 31, are
as fonows:
Total Cost per
Description Yearly Cost Dwelling
Maintenance of open space $131,800 $382.03
lots and facilities
Pro rata share of median $588 $1.71
and parkway maintenance
Pro rata share of Telegraph $8,111 $23.51
Canyon Channel
TOTAL $140,500 $407.25
A breakdown of the estimated annual maintenance cost is presented in Exhibit A. A
similar cost breakdown for channel and median maintenance is presented in Exhibit B,
and the total maintenance cost is displayed in a pie chart in Exhibit D.
The estimated assessment on each parcel of land in the district is in direct propDrtion to
the estimated benefit to be received by the parcel. Primarily, the District will be
maintaining irrigated open spaces, the park and the tennis courts. Therefore, the
assessment on each parcel should be equivalent for similar land uses in the district.
Land uses are made comparable by converting them to Equivalent Dwelling Units
(EDUs). Since all the residential 345 units are single family detached dwellings, they all
have an EDU of 1 and are equally assessed. The computation of median and parkway
assessments are based on the average dally trip (ADT) of each parcel to be consistent
with Eastlake Maintenance District No.1 (10 ADT . 1 EDU). The pro rata share of
median and parkway maintenance is determined by dividing the total cost (estimated
at $20,870 for FY 1993-1994) by the total number of equivalent dwelling units (EDU's)
in Eastlake Maintenance District No.1, Zones A and B (11,890) plus the EDU's in
Telegraph Canyon Estates (345). The channel assessment is based on the amount of
storm water runoff. The spread factor (.33) used for caku1ating the pro rata share of the
channel maintenance was derived from the subdivision density of 3.1 dwellings per acre
and a runoff coeffiåent of .6. The pro rata share was determined by the methodology
used above. .
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VI. SPREAD OF ASSESSMENT
All cost estimates will be revised as part of the District's llIU\ual update. The estimated
assessment to be paid by the individual parcels during the first 5 years of operation is
$407.25 per year. This is based on the estimated schedule for turnover of December 1995
and provides for an accumulation of a 50% reserve. A copy of the assessment roD will
be on file with the City Engineer once an assessment is levied indicating the actual
assessment for each parcel.
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No No.: 05415
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Exhibit" A"
-
ADnual Maintenance Cost Estimate
TeJep8pb 0my0D Estate.. OpeD Space ))btrlc:t No. 31
AmluaJ
Item VDlt Source of MalDteD8Dc:e
No. Desm1ltloD ~tltv VDlts ~ eost Data eost
1 NOD-Jrril!:ated~n Snace .44 lAC. -1.2 --s 14.064.00
2 Irri2ated Ooen Soace 11.04 A.c. $8000.00 1.2 $88.320.00
3 Turn (Park Area) 0.45 AC. $24 470.00 1.2 $11 011.50
4 Omamental~& Median) 0.36 AC. $10420.00 1-2 $3.751.20
5 eectrlcitv + $30/Mo Meter Charlie 27372 KWH $0.14 3 $3,914.20
6 Tennis Couru 2 EA $1.552.00 3 $3.464.00
7 1(2 Basketball Court 1 EA $802.00 3 $802.00
8 Exterior Ullhts 13 EA $6.00 3 $78.00
9 Drinkinll Fountain 2 EA $25.00 3 $50.00
10 Benches & Picnic Tables 14 EA $25.00 3 $350.00
11 Tennis Ct. Access Rd 4600 SF $0.08 3 $368.00
12 Tennis Ct. Parkinl! Lot 3225 SF $0.08 3 $258.00
13 5' D.G. TraillRenlace once/10YR) 1 EA $83.00 3 $83.00
14 Children's olav lot (rake sand) 1 EA $500.00 ,2 $500.00
15 Fences 2950 SF $0.03 3 $98.32
16 WaDsl aiDt) 10392 SF $0.09 3 $938.61
17 WaDsC ~oaif) 3048 SF $0.10 3 $304.80
18 WroUJ! t Iron 21528 SF $0.16 2 $3.444.48
Total: $131,100
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EXmBIT B
"Annual maintenance cost estimate lor the pro rata share 01
Otay Lakes Road median and Telearaph Qulyon Channel"
I. Medians
EIsI1ake J 0neDs Tel. Cyn. Eat. TDII1
Total M.;ftt.....~ Cost $2.0.870
Paniclpaling EDU'. 9.970.6 1.919.1 345 12,234.7
Pro tala co.t/EDU $1.71
n. Channel (Based on proposed Eastlake Maintenance District No.1, Zone E.)(J)
RestofZoDeE Tel. Cyn. Eat. TDII1
TDII1 malnleDlDCC cost $39,160
J'II1'IIclpaling poiDU 435.&6 113.85 549.71
Pro tala costJEDU $23.5 1
NOTE: Points per EDU=EDU*Spread Factor
Spread factor=.33 for a runoff coefficient of 0.6 and a density of 3.1
dwellings/acre
Pro rata cost/EDU-(.33/S49.71*39160)
(I) Tbe cbIDDeI COllI ultimately will be baed OIl . po raIIlbIre of a111bne pIwa of die c:bIaDe1 from die
EIsI1ake _10 just eut of Pueo LIdcrL 1111..aic1p11ed dIIt die IIIdItIoIIII COlt of die cbIDDe1 will be øffIet
by !be llldllion of pII1IcIpaIina EDU's.
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. OPEN SPACE DISTRICT NO. 31
C"", OF CHULA VISTA
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
TELEGRAPH CANYON ESTATES
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Exhibit D
Total Maintenance Cost Breakdown
Open Space $117.722
"".\)I""'S J$fa
Park " B.B. Cl $1.702
WaD. " WaDe. ....850
Tennl. Courta $7,728
Channel $8,111 . ,
Tolol _ c:c.A: "40,600
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EXHIBIT C
NOTICE OF SPECIAL TAXES AND ASSESSMENTS
NOTICE OF SPECIAL TAX
The Chula Vista ElementarY Sçhool District and the Sweetwater Union High Sçhool District (collectively,
the "Sçhool District") fonned a community facilities district ("District") pursuant to the provisions of the Mellos-
Roos Community Facilities District Act of 1982, as amended ("Act"). The boundaries of the District include that
c:enain development project commonly known as "St Claire". Pursuant to die Act, a local agency, such as the
Sçhool Districts, may form a District for the sole purpose of providing certain additional public servic:es and to
finance a broad range of public and capital facilities thorough the levy of special taxes, including, but not limited to,
constn1clÌon of elementarY, secondaIy and high schools and purchase of equipment
The home which buyer is purchasing within the St. Claire project is located within the boundaries of the
District.
Special taxes will be levied each year against all property within the boundaries of the District, including
the lot or unit which buyer is purchasing, for the purposes of paying costs and expenses of the public school capital
facilities, and any bonds issued to pay for such school facilities, pursuant to authorization of the various formation
documents for the District.
Pursuant to the formation documents, the special tax will be payable for twenty-five (25) years or until all
bonds issued for CFD No.5 have been discharged, whichever is earlier. If no bonds are issued, the levy will be
collected for the entire 25 years. The special tax assessed under the authorization of the District will be payable as
part of the general property taxes and subject to the same penalties established for nonpayment. However, the
procedures in case of a delinquency or default are different, and you may not have as much time to cure a
delinquency for nonpayment of your special taxes to prevent a foreclosure against your lot or unit as you may have .
for nonpayment of other general property taxes.
The maximum annual special tax that is payable for your lot or unit is as set forth on the accompanying
chart (page 2),
THE DISTRICT HAS BEEN FORMED AND THE SPECIAL TAX WILL BE LEVIED AGAINST THE
BUYER'S LOT OR UNIT EVEN rnOUGH THE BUYER MAY HAVE VOTED AGAINST OR NOT DESIRE
THAT THE DISTRICT BE FORMED OR THAT THE FEE BE LEVIED.
A copy of the Rate and Method of Apportionment of Special Tax and all other applicable documents and
information may be obtained from the Sweetwater Union High School District and the Chula Vista ElementarY
Sçhool District.
NOTICE OF ASSESSMENT
The City of Chula Vista has formed or is in the process of forming Open Space Maintenance District #31.
A. ÛJ en Space Maintenance District #31' Assessment District No. 3 I has been fonned to provide
maintenance for certain public improvements. The open space maintenance district is administered by the City of
Chula Vista and the assessment has not been determined at this time, It is cumntly estimated, however, that the
assessment, which is subject to annual adjustment as determined by the City of Chula Vista will not exceed $407.25
in year one. This assessment is levied for the perpetual maintenance of open space lots, Telegraph Canyon channel
and medians. All facilities located on open space lots will be maintained by the district, and will include, but will
not be limited to: tennis courts, children's play lots, basketball courts, irrigation systems, water fountains and
parking lots.
/:2.-)7
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NAME Of 1UIlDER: THE IIAUMIN CC1III'Nf'f
PROÆCT: IT, ClAiRE
PLAN,: 1 CT1iE CROSSING)
8Q\JNΠFEET: .na
YEAR 1: .u.V " 'M·JUNE:IO. 11M
COIoUUHI'TY FAClUTES DISTRICT NO,I
CHI.A.A VISTA EL.EMENTRY S¥ÆETWA'ÆR UNtoN TOTAL 8PEC1AL TAXES ~
SCHOOL DISTRtCT HIGH SCHOOl
YEAR b" & A&SESSMENTS
. -... 1471.17 1407.25 .........
2 _.. _.II 1407.21 ".171.13
3 1217,12 1410.21 1407.21 ..,....21
. _,71 _.G1 1407.21 ..,21....
1 P'U. 11I'0.01 1407,21 ",22T,"
1 "'1.05 11I2O.21 1407.21 ",30),"
7 1322.:17 1630.0. 1407.21 ..,210.30
1 _,12 1!M',23 1407.21 ".2T7.30
1 13....0 11I52.06 1407.21 ",214.70
.0 134>,'0 11I13.«. 1407.21 ".112.41
" ....... 1574.36 1407.21 .........
12 ....,.. 1581," 1407.25 ",341.02
.. ....... 1&17.. 1407.21 ",317.11
,. 5370.31 seœ.51 S407.25 ",S17.0I
.. 1377.71 112',70 1407,21 ..........
11 pas.27 _.13 1407.21 ....21...
17 $312.07 _,12 1407.25 ",447.04
11 1400,83 115I.75 1407.21 .'....7.U
18 1401," 11I72,11 $407.25 ..........
20 $417.02 $&8&..n 1407.2. ",110."
21 $425.36 '700.13 1407.21 ",132.71
22 $433.87 1714.14 S407.25 .. ,tIII,2I
23 1442.55 '721.42 1407.21 ",171.22
.. 1451.40 '742.. $407.25 ",101.'"
2. 1480.043 '757.8$ 1407,21 ",121.13
EARL V DtSCHMOE OF OBlIGATtONS:
$3.111.00 ",a1.oo NA
The Special Taxes and Assessments shown Ibove are estimatcs and are colleeted on the annual property tax bill and
OR in oddi.ion to 1I1e base propeny laXe. on 1I1e property. A supplemental propeny fIX bUl will be mailed to colle<l
any discrepancy between projeded and -.J special..... and assessments,
Community Faeili1ies Dis1ric1 No, 5 provides for 1he -'Y diJdw&e of obliptioos by any purchaser within 1I1e
boundaries or the districts at any time. The amounts shown above represeDt ID estimltc or 1bc early clischar&e of
obUptiODS and .ary each year based upoo the ...... dale of early diJdw&e of obliption and ..... poyoffs which
OR a.ailable by contac1in¡ the S__ Union Hi&h School and 1he Cbula Villa Elementary School Distric1 in
writin¡.
Open S_ Maintenance Distric1 No, 31 does no1 provide for 1I1e early diJdw&e of oblipticm .ince 1he special fIX
Is for perpetual maintenance of improvements and will be collected in peIpOIUity,
The seller andlor Its _ts makes 00 assurances u to 1he accuracy of lb. _..... staled -- Should you
desire additional information, p_ eontaclthe Cbula Villa Elemenwy School DisUiel, 1he S_ Unioo
Hi&b School Distrie1, and 1he City ofCbula Villa.
BUYERS lNI11ALS
BUYERS INITIALS
(2-lf
. ... .~___,_ ". _.__.m.m..__··_ ._._.,_._____~____.___
.
NEIGHBORHOOD: 81. Claire
PLAN: I
SQUARE FEET: 1778
BUILDING PERMIT ISSUED: Year I: July I, 1993 - June 30, 1994
OmONI: Di~h8J¡e ofOhli9ation
I elect to discharge the following obligations through the close of escrow (initial as app~?priate):
District No. S, Sweetwater Union High School _ Community Facilities
District No. S Chula Vista Elementary
School District _ Community Facilities
Prior to the close of escrow, Escrow Agent shall provide Buyer with the exact amount for the early discbarge of
IUch obligations.
OmON 2: Pl\Yß1ent of ~cial Taxes and Assessments
I agree to assume all special taxes and assessments per the attached disclosure.
ACKNOWLEDGE:
Buyer
Buyer
Date
Tract Lot
BUYERS INITIALS
BUYERS INITIALS
. /.2-/1
- - --_.._.__.._._.,-_._--_.~..._....- ._-'-"'-'-~~-'-'-----
P1AR 14 '94 Ø8: 36 BALDWIN CO. 619 259 Ø242ØØØØØØøø P.2
RQ.v',seà e.~V\\'6i\ I. 1= + ~m I~
( See ~o\ð \below)
EXHIBIT "I"
NOTICE OF SPECIAL TAXES AND ASSESSMENTS
NOTICE OF SPECIAL TAX
The Chula Vista Elementary School District and the Sweetwater Union High School District (collectively,
the ·School District") fOITDed a community facilities district ("District") !,ursuant to the provisions of the Mellos-
Roes Community Facilities District Act of 1982, as amended ("Act"). The boundaries of the District include lhat
certain development project commonly known as "St. Claire". Pursuant to the Act, a local aaency, such as the
: School Districts, may form a District for the sole purpose of providing cutain additional public servkes and to
'.. ' .:finance a broad range of public and capital facilitie. thurough the levy uf special taxe., including, but not limited to,
construction of elementary, secondary and high schools and purchase of equipment,
The home which buyer is purchasin¡ within the St. Claire project is loclled within the boundaries of the
District.
Speciall8Xes will be levied each year against all property within the boundaries of the District, including
,. ,the 101 or unit which buyer is purchasin¡¡, for the purposes of payinl: costs and expenses of the public school capital
:Jacilities, and any bonds Issued to pay for such school facilities. pUtSuantto authorization of the various formation
documents for the District.
Pursuant to the formation documents, Ibe special tax will be payable for twenty-five (25) years or until all
bonds ihued for CFD No, , have been discharaed, whichever is earlier. If no bonds are issued, the levy will be
collected for the entire 25 years, The speciall8X assessed uncler the authorwllion of the District will be payable as
part of the general property taKes and subject to the same penalties established for nonpayment However, the
pr()ÇCdurcs in case of a delinquency or default are different, and you m~y not have as much time to cure a
.' delinquency for nonpayment of your special taxes to prevent a foreclosure a¡ains! your lot or unit as you may have
.for nonpayment of other ¡eneral property taxes.
The maximum annual speciall8X that is payable for your lot or unit is as set forth on tho accompanying
chart (Page 2).
~;rHE DISTRICT HAS BEEN FORMED AND THE SPECIAL TAX WILL BE LEVIED AGAINST THE
BUYER'S LOT OR UNIT EVEN THOUGH THE BUYER MAY HAVE VOTED AGAINST OR NOT DESIRE
THAT THE DISTRICT BE FORMED OR THAT THE FEE BE LEVIED,
II. copy of the Rate and Method of Apponionment of Special Tax and all other applicable documents and
infonnation may be obtained from the SweetWater Union Hi¡h School District and the Chula Vista ¡¡Iementary
School Di.trict.
NOTICE OF ASSESSMENT
The Cit)< of Chula Vista has formed or is in the process of forminl: Open Space Maintenance District 1131,
.', A. ~en space Maintenance Oi.met #3 I' Assessment District No. 31 has been formed to provide
. maintenance for certain public improvements, The open space maintenance district is administered by the City of
Chula Vista and the assessment has not been determined at this time. It is currently estimated, however, lhat the
assessment, which is subject to annual adjuSlll'len! as determined by the City of Chul. Vi.t. will not exceed $407.25
ill year one, This assessmenT is levied for the perpetual mainTenance of open space lots, TeleGraph Canyon channel
and medians. All fllCilities located on open space lOb; will be maintained by the district, and will include, but will
not be limited 10: tennis courts, children's play lots, basketball courts, irrigation systems, water fountains and
parkin ¡ lots. All facilities located on the open space are public and as such access will aot be limited to
residents .!vinll witbin the boundaries of "SI. Claire". Tbe publlc-at.larlle bas tbe rillbt to us. the open space
aad facllldes sImilar to any other park,
"
/;2-J/
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/;'1<'1/ / /,- J
~:_." '';;cc._~
WHILLOCK CONTRACTING. INC.
UClNeI Nq. 172217
P.O. Box 2322
La Mesa, California 91943-2322
579-0700
EXCAVATING. GRADING · DEMOLITION
2/22/94
City of Chula Vista ..
-
Eng. Division
276 Fourth Ave.
Chula Vista, CA 91910
Project: Naples St. Channel, Chula Vista
.!!.!!!l Quantities .!!.!!!l Price Total
23 100'16 ~.
Landscape Maintence 2,954.00 2,954.00
Retention on Billlnlt8;
Billing II 4,181.32
BWlnp:I2 3,373.18
Billb~ '.3 18,060.48
BIllillll:I4 6,172.62
Billilllt' 5 , 924.00
BWlIIII: " 7 -0-
BiUlng ", 1,135.20
36,800.80
Without prejudice to further claims
ð~ / ,
~
--'.-_."
March 7, 1994
To: The Honorable Mayor and City Co~1
Via: Q/
John D. Goss, City Manager ¡;¿
From: Jess Valenzuela, Director of P and Recreatio~
Subject: Staff Recommendation - Cultural Arts Commission Funding Request
On March 15, 1994, the Cultural Arts Commission is submitting a request to the City Council for an
appropriation of $10,645. The Commission has identified six areas where they feel additional funding is
appropriate for projects that will take place, or be initiated during FY 93-94.
The projects are identified in the Commission's report, along with projected costs for each.
Although staff supports the Commission in pursuing these various projects, and concurs with the Commission
that they are worthwhile endeavors, staff is concerned with funding during the current fiscal year based on
existing budgetary constraints. Staff, of course, would work with the Commission in formulating supplemental
budget requests for these projects as part of the Fiscal 94-95 budget process.
A number of the projects identified by the Commission contain suggested sources of outside funding for
partial or full offset of project costs in the future. Additional staff support to pursue these funding sources
through grants was identified in several of the areas, and the Commission is also requesting additional staff
support to organize and/or administer specific projects.
The Cultural Arts Coordinator is currently funded as a part-time employee, with a cap of 999 hours per fiscal
year, or approximately 19 hours each week. The Coordinator's current Work Plan (attached) for the
remainder of 1his fiscal year would not accommodate additional hours to provide staff support for these
projects. The Cultural Arts Coordinator is presently organizing a large scale cultural arts event that will be
conducted in late May, and has also agreed to assist the Library with the formulation of a Request For
Qualifications for a mural project at the new library site at Fourth and Orange. The Coordinator is also in
1he process of submitting several grant proposals, including applications to San Diego County Community
Enhancement, the San Diego Community Foundation, S.D.G.& E., Mervyn's, Ronald McDonald Children's
Charities, and the Sam Walton Foundation.
The Coordinator's work plan would need to be amended to incorporate support on one or more of the
additional projects identified by the Commission, if the Council approves partial or total funding for FY 93-
94. The Cultural Arts Coordinator has been successful in working with the Commission on a number of
projects this year, and has assisted the Commission with the formulation of a revised mission statement and
work plan, and helped the Commission establish goals and objectives. With the Coordinator's guidance, the
Commission has also formed a number of working subcommittees that are actively pursuing a number of
issues and projects, some of which are reflected in the request for funding.
SUMMARY RECOMMENDATION: That Council direct staff to work with the Cultural Arts
Commission in formulating supplemental budget requests for the Fiscal 94-95 budget that would incorporate
some or all of the projects identified. In addition, that Council direct staff to work with the Commission to
develop the Cultural Arts Coordinator's Work Plan for next fiscal year incorporating some of the identified
staff support issues. This would provide an opportunity to then review these requests with those of other
Commissions in order to prioritize the use of limited funds that may be available for these proposals.
Attachment: Cul1ural Arts Coordinator FY93/94 Work Plan
J'J - /
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· .
CULTURAL ARTS COORDINATOR ACCOUNTABILITIES
Direct ResÐonsibilities:
1. Provide recommendations for Cultural Arts policies for the
City.
2. Administer Cultural Arts budget: develop program goals and
objectives: and develop and administer program evaluations.
3. supervise Cultural Arts related programs and special events:
conduct programs and provide recommendations for change.
4. Recommend, develop and manage arts programs within
Redevelopment areas.
S. Advise the Department about arts programming within Transit
areas.
6. Serve as the city's liaison to the Cultural Arts Commission.
Coorðinatina Responsibilities:
l. Provide interdepartmental coordination with City departments
including, but not limited to, Community Development, Public
Works/ Transit, City Manager's Office and Public Information
concerning Cultural Arts programming.
2. Advise the Cultural Arts Commission and Park and Recreation
Department on the availability and initiation of grant
proposals: sponsorships of Arts related projects: and develop
public relations campaign for existing and planned Cultural
Arts programs. Develop and follow through on approved arts
related programs
3. Participate in planning and execution of special Cultural Arts
projects as needed (Le. ,cultural planning, arts-in-public
places ).
Accountabilities:
1. The Cultural Arts Coordinator shall report directly to a
Senior Recreation Supervisor in the Parks and Recreation
Department.
2. The Cultural Arts Coordinator shall be responsible for
developing section Goals and Objectives annually. Goals and
cojoblo
I :J ., .1.
.._._.......____......u._.....__.___..._._____.....___.
Objectives shall include all programmatic responsibilities.
These responsibilities shall include but are not limited to:
A. Coordinate Music-in-the-Park Concert Series
B. Enhance and expand existing Cultural Arts Programs
C. Work with appropriate committees in planning annual
community Pride/Arts Festival
D. Recommend Arts policies such as Arts in Public Places,
percentage set aside for the Arts, Design review process
involving public art features.
E. Determine Community Arts needs through Community input
F. Serve as, Department liaison to community Arts
Organizations, Cultural groups, businesses and schools.
G. Coordinate the City's sponsored children's and community
theater productions through RFP process
. cej0b4
13':3/13-1-
.. __m._______~_...~._..____.._______._._._____.,___. --
COUNCIL AGENDA STATEMENT
Item~
17'1,J.(} Meeting Date 3/15/94
ITEM TITLE: Resolution Appropriating $10,645 from the unappropriated balance of the
General Fund to support several projects proposed by the Cultural Arts
Commission.
SUBMITTED BY: Cultural Arts Commission ~ (4/5ths Vote: Yes..x..N0---Ì
The Cultural Arts Commission is interested in pursuing a number of projects that will enhance the
Commission's ability to provide a variety of services for the community, Funding for these projects is
not included in the Commission's Fiscal 93-94 budget.
RECOMMENDATION: That Council adopt the resolution allocating $10,645 to offset the
proposed project expenses,
DISCUSSION: At their meeting on February 8, 1994, the Cultural Arts Commission voted to
send a funding request to City Council requesting support for a number of projects that the Commission
wishes to pursue, Although the projects are diverse, each will directly or indirectly enhance the
Commission's ability to expose the citizens of Chula Vista to a wide range of art related activities.
The specific project areas are identified in this report, in priority order, along with the Commission's
requested funding for each, The funding amounts are broken down to indicate supply and service costs,
and staffing costs where applicable. The Commission based the staff costs on the current salary of the
City's Cultural Arts Coordinator, and recommends that, if funding is approved, the Cultural Arts
Coordinator take on these additional assignments due to her familiarity with the projects and the
community, The Commission has also identified possible funding sources to help offset requested City
funding for several of the projects.
The Cultural Arts Commission has successfully produced and distributed two activity calendars in the past
five months. These calendars provided valuable information regarding arts and cultural activities taking
place in the City, as well as in the south bay, Based on the success of the first two calendars, the
Commission would like to produce a bi-monthly activity calendar on a regular basis, The Commission
believes that the calendars will enhance the quality of life of Chula Vistan's by increasing awareness of
arts and cultural opportunities, The calendars would support the artistic endeavors of artists and arts
groups in Chula Vista by publicizing their activities, exhibitions, and performances, The bi-monthly
calendar would encourage cultural tourism in Chula Vista, and would provide a much needed service to
the community as there is no other broad based community wide, free and centralized source of
information for the arts in the city, A committee of volunteers has already been formed to accomplish
most of the time-intensive labor of data collection and corroboration. Funding for professional support
to finalize the layout and production will be required, as will funding to facilitate the actual printing and
distribution costs of the calendar, including postage. The Commission was successful in locating a
sponsor for the February IMarch calendar, and they hope to find additional sponsors for future calendars,
SupplieslServices $1.515.00
Staff Support $1.440.00
TOTAL $2,955.00
wp\cacfimd.l13 1
J;J ~f'
- --~-~,-_.._,,,,-_.._..,.."---,_._-_._._."
The Commission would also like to capitalize on the success of last fall's National Arts and Humanities
Month declared by President Clinton. The Corrunission joined the campaign, and corrununity support
bolstered the effort, The Corrunission would like to sponsor and support the 1994 campaign celebrating
Arts and Humanities Month next October, and is proposing programming that will promo1e family
involvement by offering fee-free cultural events. The Corrunission has identified several potential sources
of matching funds, including S,D.G.& E" the Parker Foundation, and the California Writers and Poets
Project. These and other sources would be pursued if City funding is provided, The Corrunission
believes that the pursuit of the outside funding, as well as the administration of the programming itself
would be most effective if carried out by staff, and the Commission is requesting funding for staff
support ,
Supplies/Services $ 500,00
Staff Support $ 960,00
TOTAL $1,460.00
The Cultural Arts Corrunission believes that it has a duty to do as professional a job as possible in
assessing the needs of the corrununity and advising the City Council as to the cultural arts in Chula Vista,
In order to enable the volunteers who serve on the Corrunission to function on a professional level, the
Commission is requesting funding to provide a consultant that will assist the Corrunission in planning.
The consultants employed during the Chula Vista 2000 process, and during the establishment of the
Corrunission's initial mission statement and work plan were extremely helpful in guiding the volunteers
in assessing needs and developing plans. A consultant would help develop long range plans to implement
goals identified in the Chula Vista 2000 process, and would facilitate development of a long range plan
for support for the Cultural Arts Center, Further, the Corrunission has identified the California Arts
Council and the San Diego Corrununity Foundation as potential funding sources. The Corrunission also
requests funds to provide staff support to pursue these grant opportunities,
SupplieslServices $1,000.00
Staff Support $ 480,00
TOTAL $1,480.00
The Corrunission feels strongly that one of the most significant, power packed methods of enhancing
the level of function of the Corrunission is participation in the annual National Association of Local Arts
Agencies (NALAA) Conference, A Corrunissioner has attended each of the last three conferences and
in each case has brought back a wealth of information and has established corrununications with a large
number of resources. The NALAA Conference is a magnificent opportunity to learn from the mistakes
and successes of other corrununities, and attendance at the conference allows a representative from the
Chula Vista Cultural Arts Corrunission to make important contacts with funding sources from across the
nation. Attendance at the conference inevitably inspires the Corrunission to persevere in the drive for
excellence in the Cultural Arts in Chula Vista, Because of the importance of the continued professional
development of the Corrunission, the Corrunission is requesting funding to send one Commissioner to the
NALAA Conference in June in Fort Worth, Texas,
TOTAL CONFERENCE COSTS $1,850.00
Public sculpture has always been a source of civic pride in the United States, and Chula Vista is no
exception, Conveyor of many different messages, outdoor sculpture is accessible to all and serves to
remind us of the people and events that helped shape our city, Today, much of our outdoor sculpture
is in serious danger. Threatened by weather, pollution and neglect, these works that give meaning and
wp\cacfund.113 2
) ~ -¿,
_'^'n'._.. ~ -.-. . --,.._"~-_.._,._..- --'-"-"'---'-"'~-"-~-'-~~---'--'-'-
focus to life in Chula Vista are being destroyed. The attached list of Art in Public Places is the beginning
step of a national project called Save Outdoor Sculpture (SOS) (Attachment "A"). SOS, a privatelpublic
initiative to document, inventory and increase public awareness of America's precious legacy, will
administer the largest arts and cultural volunteer project launched to save these cultural resources from
gradual destruction. The Commission is requesting the services of a professional consultant to survey
Chula Vista's public art and determine to what extent our public sculpture has been damaged and what
funding will be necessary to restore and maintain these public treasures, The Commission has identified
the Andy Warhol Foundation, the San Diego County Community Enhancement Fund, and the San Diego
Community Foundation as possible funding sources, and requests additional funding for staff resources
to apply for funding for this project,
SupplieslServices $1,920,00
Staff Support $ 480,00
TOTAL $2,400.00
One of the Commission's highest priorities in advocating for the arts is through arts in education, It is
clear that in family-oriented Chula Vista, the educational system is one of the most appropriate places to
start an advocacy program/campaign. The Commission would like to develop an awards program for
the Arts in Education. The mission and parameters of the award program will be determined by the Arts
in Education subcommittee, and the Arts in Education Coalition, The coalition members will seek
matching funds and further donations to make the award an annual event. This award is an investment
in the young people of Chula Vista. It would enhance the arts in education in Chula Vista by recognizing
the work of student artists, and providing a catalyst for cultural activities within the student community.
The Arts in Education A ward will build future arts patrons,
TOTAL SEED FUNDING $ 500.00
FISCAL IMPACT: Approval of this resolution would require the allocation of $10,645 from the
unappropriated balance of the general, or from another funding source.
wp\cacfund.113 3 /:1"'7
._-~,-- "-"---'---~--- ._-~- -------..-.....
ItAt"
CULTURAL ARTS COMMISSION
CITY OF CHULA VISTA
ART IN PUBLIC PLACES
03/07/94
TITLE ARTIST MEDIA LOCATION
CONOIDS KENNETH CAPPS PAINTED STEEL BAY PARK
SEA CHANTY ELAINE KATZER CERAMIC MAIN LIBRARY
CASCADING WATER ANGELA DANADJIEVA MIXED COUNTY REGIONAL CENT
PELICAN CHARLES FAUST BIAS RELIEF NATURE INTERP. CENT
TIDELANDS CHARLES FAUST BIAS RELIEF NATURE INTERP. CENT
CHRISTOPHER COLUMBUS UNKNOWN BRONZE DISCOVERY PARK
SEAGULLS IN FLIGHT UNKNOWN UNKNOWN 523 THIRD AVENUE
DISCREET TENSION JIM MITCHELL PAINTED STEEL 380 THIRD AVENUE
SUNDIAL DON LEGRAND UNKNOWN 296 H STREET
MADONNA AND CHILD UNKNOWN UNKNOWN MEMORIAL PARK
JUGANDO MIRIAM NEWMAN SCULPTURE 380 THIRD AVENUE
SISTER CITY SCULPTURE BOB SENNETT SCULPTURE 275 FOURTH AVENUE
CLOCK UNKNOWN 3RD & F STREET
MEMORIAL MONUMENT UNKNOWN UNKNOWN MEMORIAL PARK
*FISHERMEN UNKNOWN ETCHED GLASS RED LOBSTER 342 F ST
*STAINED GLASS UNKNOWN GLASS LEAD MAIN LIBRARY
WINGED??? UNKNOWN SCULPTURE OLYMPIC TRAINING CEN
13'Y
"--_._.._--_._~---_._~.~~_._--
RESOLUTION NO. J 7 Jf .2t?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $10,645 FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO
SUPPORT SEVERAL PROJECTS PROPOSED BY THE
CULTURAL ARTS COMMISSION
WHEREAS, the Cultural Arts Commission is interested in
pursuing a number of projects that will enhance the Commission's
ability to provide a variety of services for the community; and,
WHEREAS, funding for these projects is not included in
the Commission's Fiscal 1993-94 budget; and,
WHEREAS, the following projects and costs are proposed to
be funded through the Cultural Arts Commission:
Bi-monthly activity calendar on a regular
basis $2,955.00
Support of 1994 campaign celebrating Arts
and Humanities Month next October 1,460.00
Consultant to assist the Commission in
developing long range plans to implement goals 1,480.00
Participation in the annual National Associa-
tion of Local Arts Agencies Conference 1,850.00
Professional consultant to survey the city's
public art and determine damage and funding
necessary to restore and maintain same 2,400;00
Seed funding to develop an awards program for
the Arts in Education 500.00
$10,645
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the city of Chula vista does hereby appropriate $10,645 from the
unappropriated balance of the General Fund to support the projects
listed hereinabove as proposed by the Cultural Arts commission into
the following accounts: $6,280 into 100-0126-5201 (professional
services); $2,515 into 100-0126-5211 (advertising) and $1,850 into
100-0126-5221 (travel, conferences, meetings).
preeented by . ' ïh m by J:
Jeee Velen,uele, Director of (Bcuce .. ty
Parks and Recreation Attorney
c: \rs\cultarts
13'""9
.'. _..... "___"___. '__0'--___"_._.'. _._.___.._~_._.__..~__..__..,____
CITY COUNCIL AGENDA STATEMENT
Item 1'/
Meeting Date 03\15\94
ITEM TITLE:
a) Resolution )? 1:J... Iccepting 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.
SUBMITTED BY: The Economic Development Commission (EDC)
(4/5ths 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: I)
Accept 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. Hightech/Biotech Zone
. Hightech/Biotech steering committee meets monthly.
. Negotiations are ongoing with Eastlake regarding contributions to the
pI, I
- '-'-'-_.__.,-_._~-------,-----_.._-_._-_._--~~---
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 EDC/WDT'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.
(Disk #5:CV:edc)
/tJ-~
_"__._.._m. --_.._....._-,,_.~_.._.,~._--~.._.,---~_._._.__.
RESOLUTION /71rJ.1
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 PARTNERSHIP
WITH SWEETWATER UNION IDGH 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 fmd, order, detennine 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: DrF
William Tuchscher Bruce M. Boogaard
Economic Development Commission Chair City Attorney
JI/.J //11-1
"----.-. ._~--.-_._"--...-....'_._---.---'-----."---.-
Attachment "A"
Workforce Development Team
Three Year Plan
Adopted February 4, 1994
GOAL 1: Identify existing employment services availabIe 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 cost/benefit 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 1 /,/, Þ
-...----.--.--......------..-----.--
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 findings 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 Iabor 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# Sib :\wdtgls]
Page 2 JJ/-¿
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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 Vista 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
5. Sponsor a South County WorkforcelEducational Development Conference in partoership 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 have 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
business as usual if the City is going to be competitive in a global market and cross national
boundaries.
6. Evaluate Chula Vista labor force strengths and weaknesses and readiness to meet the needs of existing
and incoming businesses.
7, Increase Chula Vista representation on regional employment services related boards and conunissions
and their awareness of Chula Vista labor force needs.
Chair Tuchscher noted that the EDC Quarterly report to Council is scheduled for March 15. 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).
1~~7
- -. _..~-,.-.-~.~_._--_._"._.,._.".-- .--.--.-.. ------.._....~..~----~-_.._~._..__._,-----'" --+--_._-----_.~ ------...----- -,----_.
,
ATTACHMENT C
" ,~
MINUTES
ECONOMIC DEVELOPMENT COMMISSION
CITY OF CHULA VISTA, CALIFORNIA
Wednesday. February 2, 1994 Conference Rooms 2&3
12:00 Noon Public Services Building
CALL TO ORDER/ROLL CALL
PRESENT: Chair Tuchscher, Members Compton, Allen, Maslak. Lebron, Davis, Peter ex-officio Moore,
Sellgren
ABSENT: Member Patrick (U), Ex-officio Washington (U), Clark (D), Sutherland (U)
STAFF: Public Information Coordinator Gulbransen, Econooúc Development Manager Dye, CD Specialist
Valenzuela
GUESTS: Shere Mann, Aide to Senator Peace; Mary Wylie, Soutbwes1ern College; 10hn Munch, Union
Bank; Fred Wong, Ci.y 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 .he Fiber Optics Cable Plan. Ms. Mann no.ed .hat Senator Peace had been following Pacific
Bell's proposal for the last 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 $6 oúllion proposal statewide to provide
1e1ephone, 1elevision and data services throughou. California at a cost of about $1.000 per household. Ms. Mann
stated that there are certain conflicts between the utility companies .hat 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 .he costs involved. Senator Peace has 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 his experience with fiber-optics showed that this .will clearly put Chula Vista at a
competitive disadvantage.
Ms. Allen stated that the Executive CoDlßÚttee or a sub-CODlßÚttee should meet and write a letter. This can be
placed on the next .Ilgenda for discussion and a recommendation.
Councilman Moore suggested they review the uùnutes 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 cracks; there is no written contract and the EDC should voice their concern. They should also recommend to
City Council that they take action.
Member Allen 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 has. Member
Compton asked that they request affirmation of the fact that this will all be done at the same time. Chair Tuchscher
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.
December 1, 1993, and January 5, 1994 /'Ý" ~
No action taken.
----------. ...~"---------.-_._-_.._--,,-_.--
· ,
- .'1
\
Minutes, EDC 3 February 2, 1994
4) Financial Assistance Programs (DyelValenzuela)
a) Presentation of Section 108 Feasibility Analysis
Ms. Dye r-eported that tbe EDC has requested staff to look into inventorying what type of financial assistance
programs exist to offer in both our attraction and retention efforts. She handed out a draft of .he 'Financial
Assistance Programs Available in Chula Vista" document. Ms. Dye also discussed work on the HUD Section 108
Loan Program and indicated that the draft issue paper would be presented at the March meeting.
Discussion followed regarding CRA reinvestment programs and loan programs. Ms. Dye noted that due to monies
being taken away by the state and difficulties with the consultant, the CRA program had been put on the back
burner. They are now setting up meetings to see if they can pick up where they left off. She noted they are
evaluating two sourceS; the HUD Section 108 program and potential loan pools including a CDBG funded Revolving
Loan Fund.
Regarding the Section 108 Program, the City can take five times its annual entitlement ($1.6 million) and make
guarantees on bank loans up to that amount. There is no cash outlay from the City. The risk exposure is if the
business goes into default HUD will make the bank loan good by using the City's future allocations to pay the
outstanding City portion of the debt. Ms. Dye noted they are watching the City of San Diego's progress hoping
to take advantage of their efforts laying the groundwork for our program's acceptance.
Ms. Dye mentioned staff is looking at a smaller loan program. They are looking at a revolving loan fund. This
could be a much smaller scale program ($30,000 to $50,000 loans). The problem is that there is no money in the
Redevelopment Budget to initially capitalize such an effort.
Councilman Moore introduced John Munch as a possible candidate for the existing ex-officio vacancy. Mr. Munch
gave a brief description of his qualifications. He said he likes to look at things from the 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 that a meeting was held with Councilman Moore, Assistant City Manager Morris, and S.eve
Weathers of SDEDC to discuss this request. The SDEDC is trying to raise a targeted amount of money and
requesting $15,000/year and a five year commitment from each city. The other entities throughout the county have
committed as follows:
City of San Diego $6oo,000/year City of San Diego $30,000
Poway $1,ooo/year Port District $110,000
Carlsbad $IO.ooo/year
No other cities have committed. The City of Chula Vista has paid a $I,ooo/year membership fee. The San Diego
EDC is trying to be a regional organization. Ms. Dye said she felt it was important to participate in this request.
Member AJlen agreed but felt there should be some level of commitment with increased future participation
contingent upon results. The review should include what was done for Chula Vista over the past year. Ms. Dye
DOted that the Economic Development FY 94/95 budget was submitted with a $2,500 allocation to the SDEDC.
Mr. Sellgren felt it was important to be part of that team;· the regional benefits are there. There are tremendous
marketing opportunities to take advantage of. $2,500 would be an excellent investment.
Member AJlen noted that South County EDC also comes to the EDC for funding and said that in all fairness, they
need to balance these requests out before they make a recommendation to Council. I¥..r;
Ms. Dye noted that there will be a request for funding from South County EDC on the next agenda. In the past
they have been requesting $15,000. Council approved $15,000 in its initial years and $7,500 in FY 92/93. No
- """"\
Minutes, EDC '¡ 5 February 2, 1994
6. ANNOUNCEMENTS
a. Ms. Gulbransen noted that she has worked with a writer from San Diego Home Gal"den magazine which
resulted in a nice story on the City of ChuIa Vista, which she distributed.
ADJOURNMENT to the regularly scheduled meeting of Wednesday, March 2, 1994 at 12:00 nooo in the Public
Service Building, Conference Rooms 2&3.
ø/
Curtis Valenzuela
¿j)
Signature
Signature
^,I02-02-94,MIN
Jt/./~
__ ....._ ~"__._ _~_.u_______~_~ .~~_~__
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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 I
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-owned businesses.
....................................................................................................................................................................................................................................................................
CAliFORNIA SOUITIERN 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%.
Small Busioess Energy Conservation Loan Program - Finances the installation of energy savings
technologies, maximum 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 finances 40% or up to $750,000 of the balance.
Small Busioess Energy Loan for Technology Users/Demonstrators - Loans from $5,000 ro $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.
~\f?
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CITY OF II/'ll
CHULA VISTA
Community Development Department. City of Chula Vista. 276 Fourth Ave,. Chul<1 Vista, CA 91910. (619) 691-5047 Fax (619) 476-5310
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- --.- .-----..-..-.-...--.- _._~--~..._--"_.__.._----_._------_._----
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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 ranged
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.
California Loans for Environmental Assistance Now (CLEAN) - Loans of $20,000 . $750,000 are
available for emission reductions and environmental compliance assistance.
....................................................................................................................................................................................................................................................................
STATE ASSISTANCE FUND FOR ENTERPRISE, BUSINESS AND INDUSTRIAL DEVELOPMENT
CORPORATION (SAFE-BID CO), 800-273-8637
Small Business Loans - SAFE-BlDCO's loans and guarantees are in.ended to provide gap financing to
assist in business growth or assistance through temporary setbacks. Funds may be used for equipment,
fixed assets, real estate, working capital, or purchase of a business or franchise.
..........................................................-.--..................................-......-.-.......-...........................................................................................................................................
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 Veterans - 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.
I GUARANTEES/LETTERS OF CREDIT I
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 SOUIHERN SMALL BUSINESS DEVELOPMENT CORPORATION
232-7771
Loan Guarantee Program - With a maximum guarantee of $350,000 or 90% of a loan, this program is
targe.ed 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
......................~,p.~~..~.P.e.o.:::'.I..~f..~~.~..~...I!.f.o.~~i,....r..?~I~~!.o.~..~.?n.~~?..I..~!:".a,n.,~i~~..~~,t.h..o.~!.~t..............................................................................
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,
......................?t~",r..~,~s.i~~s.'..I?~':f'.o..s".s:....?..u.:,r.~.n..~".:...~t1...?~!?..~~'...I"...~s..~p....,o...~I,S..5,:?.O'?...a.t1.d...~.s.~I.~..f.?.r..I..'.~".r..:.n.':O'.u.~~'.:.......................
U.S. SMALL BUSINESS ADMINISTRATION (SBA)
557-7250
Contract Financing - For assignable contracts which have a delivery period not to exceed 12 months.
Maximum ""aranteed is 90%.
Handicapped Assistance Loan Guarantees (HAL) - Available to businesses which are 1000/0 owned by
handicapped persons. SBA may guarantee up to $500,000 of private lender loans.
~I/?-
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OlY OF /'../~
CHUIA VISTA
Community Development Department. City of Chula Vista. 276 Fourth Ave.. Chub Vista, CA 91910· (619) 691-5047 Fax (619) 476-5310
* p'int~d"nrecycledpaper
"--"-----.-----.- ---------------
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I GUARANTEES/LETIERS OF CREDIT - (continued) I
u.s. SMALL 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 financing;
· lender incentives for small loans of less than $50,000;
· pollution control and community economic development assistance.
Loans are made through private lenders, and ¡:uaranteed up to 90 percent by SBA.
I EXPORT ASSISTANCE I
CDC SMAll. BUSINESS FINANCE CORPORATION
291-3594
Export-Import Bank Loans - Eximbank loans are packaged by CDC to aid in financing and to facilitate
......................e.~P.?r.:,s.:....~~~t..~e.!::'.o.:'~r.~~r.e...~.~.a.~..r.~.e...~.u.~!.e.c.r...lo.,~?...";',o.~I,~..:'o..t..?.e...11.'~.~e....':.i,t~~u..~..~~i."'.?,~?~..~.~.':"::'t."e.:....................
CAliFORNIA EXPORT FINANCE OFFICE
(714) 562-5519
Combination 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.
Cooperative Agreement Guarantee - In conjunction with the SBA, loans up to $822,000 can receive an
85 percent guarantee.
~\f?-
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CITY OF
(HULA VISTA Community Development Department. City oí (hula Vista. 276 Fourth Ave.. Chula Vista, CA 911)10. (619) 691-5047 Fax (619) 476-5310
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I EXPORT ASSISTANCE - (continued) I
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.
I BONDS I
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,
acquisitions new construction, machinery and equipment purchases, and leveraged buyouts.
....................................................................................................................................................................................................................................................................
CITY OF CHULA 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 - If a project does not meet federal qualifications for tax-exempt
IDBs, taxable bonds may be issued at approximately 80% of the prime rate,
I CHULA VISTA REDEVELOPMENT AGENCY I
CHULA VISTA CITY COUNCIL AND REDEVELOPMENI' 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 I and II, Otay Valley Road, and
Southwest,
I OTHER ASSISTANCE I
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
Small Business Innovation Research Program (SBIR) - 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.
(CatchTheSpirit:Finan)
~I~
-.-
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--
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CITY OF /1"1'1
CHULA VISTA
Community Development f)epartment. City of Chula Vista. 276 Fourth Ave.. Chula Vista, CA 9191 O. (619) 691 -5047 Fax (61 Ij) 476-5310
@prinledOnrccydedpaper
-~----- -- --.- ---_._-,~-,-_..~--_.~_._._._-..--
"Attachment E"
Southbay W orkforce/Educational
Development Conference
Sponsored By: City of Chula Vista (Economic Development
Commission/Workforce 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.
Objectives: 1) Bring together Business and Industry (B&I) Personnel with
Page 1 1'/'15'
.I- U :O,V'" I ." -- I II
Reference: CITY COUNCIL AGENDA ITEM #14
MEMORANDUM
March 15, 1994
TO: The Honorable Mayor and City Council f
VIA: John D. Goss, City Manager rG ~
FROM: Chris Salomone, Community Development Director C S,
SUBJECT: City Council Agenda Item #14 - March 15, 1993 Meeting
"
William Tuchscher, Chairman, Economic Development Commission has requested that Item
#14--"Resolution 17421 Accepting the Quarterly Report from the Economic Development
Commission...." be continued to the March 22,1994 meeting as he desires to make a brief
oral report and be available to respond to Council questions. However, he is presently out
of the country. The Workforce Development Team's Chairman has also requested that this
item be continued for one week in order that her presentation immediately follow Mr.
Tuchscher's.
Staff recommends that Item #14 be continued to the City Council meeting of Tuesday,
March 22, 1994.
cc: City Manager
Assistant City Manager
City Attorney
City Clerk
(C:IWPS 1 ICOUNClLIMEMOSIINF094-9,MEM]
/1/ ~/ ¿,
- _._,-_.__.._,~..__._--_.~.._-----_. "-"~--~-"-'--'-
MEMORANDUM
DATE: March 10, 1994
TO: Honorable Mayor and City COE
VIA: John D. Goss, City Manager
FROM: Candy Boshell, Director of Pe sonnelt;ß
SUBJECT: PERMANENT FORMATION OF A VETERANS COMMISSION.
Attached please find a written communication from Chair Robert McCauley and the
Veterans Advisory Task Force defining future tasks, functions and goals and
recommending to the Council permanent formation of a Veterans Commission.
iWP:CBMEMO\CB.169J
/5
.._.,._......u . ._..,_",_, __m_~__________'_'______
MEMORANDUM RECEIVED
DATE: March 2, 1994 '94 lIAR -2 Pl2 :14
TO: The Honorable Mayor and City Council CITY OF CkULÄ VISTA
CITY CLERK'S OFFICE
FROM: Chair Robert McCauley and the Veterans Advisory Taskforce
SUBJECT: PERMANENT FORMATION OF A VETERANS COMMISSION.
At the December 8, 1993 City Council meeting, the Council voted to create an ad hoc
committee on Veteran Affairs. The committee is made up of five members which
includes: Robert McCauley, Chair; Joe A. Berlanga, Vice-Chair; Carmen Fedje and
Agustive Hermes for a duration of one year. This committee has defined future tasks,
functions and goals and would like to make a recommendation to Council on the
permanent formation of a commission.
Attached is a list of recommendations and missions submitted by the Veterans
Advisory Task Force.
v
15'- J
_..._-,_._....-_...------,-_..._._-_..~._-~~---_._--
. - -
VETERANS ADVISORY TASK FORCE - (Established 1993) - The Task Force
consists of 5 members whose responsibility is to advise the City
Council on issues related to military veterans. and active duty
military issues as they relate to the City including;
· To serve as an information resource to the City Council on
matters relating to city policy regarding veterans
entitlement programs established by legislation from the
Federal, State and County.
· To promote and assist the City in Veterans Day and Memorial
Day observances. and other City military recognition events.
· Encourage and promote patriotism in the City including
support, as available, to the Military Services recruitment
offices.
· To provide a forum for discussion of issues relating to
military veterans and active duty military personnel as they
relate to the City.
· Coordinate with the City veterans fraternal organizations
regarding resources available for mobilization in case of
disaster or emergency.
· To promote interest in flag etiquette and display, and
represent the City in providing notice of flag use violations.
· Provide advise and assistance to city residents, when
requested, regarding resources available to veterans, spouses,
and veterans dependents.
· Coordinate City individual recognition programs for
Active Duty Miliary and Veteran residents of the City who have
achieved significant merit.
· Formulate and develop a recommended City position and
endorsement regarding proposed legislation effecting veterans
or military personnel.
· Attend _etings of and report on actions effecting the City
taken by the San Diego County Veterans Advisory Council.
· Study future needs of veterans including veterans home, and
potential requirement for a Veterans hall in East Lake
(Baldwin Project).
· Act as liaison between the City and Veterans Fraternal
organizations regarding community programs.
Iy.~
"H'_·__'___~·_· -_._.__._.__...-._~._~~'--'_..__.
COUNCIL AGENDA STATEMENT
Item I~
Meeting Date 3/15/94
ITEM TITLE: Resolution n 'i~ Revising Council Policy 159-02, "Funding-Private
Organizations or Individuals"
SUBMITfED BY: City Manager ø 4/5ths Vote: Yes_NoX
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 exisling 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 fmancial 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.
Funding Criteria
The existing policy specifies criteria and guidelines for the expenditure of public funds as it
)~ -I
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Page 2, Item \10
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 recommended 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 Q[ 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 of Chula
Vista and the purpose of or reason for support serves a specific tangible benefit to the
City.
Determination of Funding T .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:
"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
/b<L
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Page 3, Item \lo
Meeting Date 3/15/94
for said funding. Council may deem by three affIrmative 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 Changes Proposed
,
In order to facilitate Council's decision-making 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 IMPACT: 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.
,
T AE:te
1/"',3
--"- ---_.,..._+._-_._~._,_..,...._-,_._--,---_._---_."_.._~-- -~-'"~~---
RESOLUTION NO. 17'"1.2~
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:\rs\1S9-02.pol
/~,4
--.,.,,' -~,--- . -.-..-.--~..-----'_.'-.-"--
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 10F4
ADOPTED BY: DATED:
BACKGR01JND
The City Council receives requests from private organizations and individuals for financial
support 10 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.
I. Purpose
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 administering 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 oulside 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. PoliGY
3.1 OrganizHtions 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 organization than by performance of the
(Suoersedes Council Policy 159-02. Effective 1/25/72)
Ib -5
. _.".._--_.."-^'~------ -,_._~-_......._._-.._.-- ----.-
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
INDMDUALS
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 unless they
are citizens of Chula Vista and 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 affIrmative 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. Procedures
4.1 ReqJ1ests for Funding
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 ,
[mancial statement, if available, 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.
(Suoerscdcs Council Policy 1S9~02 Effective 1/25/72)
)fc.-b
._.~,.,"._.- ~ . ------+-~------.-_.-
COUNCIL POLICY ATTACHMENT A
CITY OF CHULA VISTA Item
-
Meeting Date 3/15/94
SUBJEGr: POLICY EFFECTIVE
FUNDING-PRIVATE ORGANIZATIONS OR NUMBER DATE PAGE
INDMDUALS ,
159-02 30F4
ADOPTED BY: DATED:
4.1.2 Requests for funding by organizations 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 timeframe 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 regarding the nature
and purpose of all proposed expenditures and the benefit to be derived by the
co=unity through funding of said activity(ies).
b. Requests for funding shall be referred to the City Manager for analysis and
reco=endation. The City Manager will review requests in the light of the
contribution to the service rendered by the organization/individual towards the
achievement of co=unity 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 organization 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
nalional policy of racial and ethnic equality.
4.2 Distribution of Funds
4.2,1 No expenditure may be made out of any approprialion until a written agreement
setting out the terms and obligalions of the parlies has been entered into. The
agreement will specify, in detail, the services or function to be performed, the
nature of the reimbursement schedule and fmancial reporting requirements.
,
(SUDCt"I!...A~ Council Policy 159-02 Effective 1/25/72)
11..-1
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COUNCIL POLICY ATTACHMENT A
CITY OF CHULA VISTA Item
-
Meeting Date 3/15/94
SUBJEGr: POLICY EFFECTIVE
FUNDING-PRIV ATEORGANIZA TIONS OR NUMBER DATE PAGE
INDIVIDUALS
159-02 40F4
ADOPTED BY: DATED:
4.2.2 All agreements will provide that any organization/individual receiving financial
support from the City agrees thai the City will be permitted to inspect all books
and records of the private organization/individual and to perfonn audits the City
reasonably desires.
4.2.3 All agreements will provide for the Cily 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 tenns
of the agreement or for other good cause shown not related to a violation of the
tenns of the agreement. The City Manager shall thereafter notify the City
Council of the notification of termination made to the organization/individual.
,
(FUNDPOL)
(Suoerscdcs Council Policy lS9~02 Effective 1/25/72)
/10-<6"
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COUNCIL AGENDA STATEMENT
Item 17
Meeting Date 03/15/94
ITEM TITLE: Resolution Ill{ ~~ 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
SUBMITTED BY: Deputy City Manager Kremp1
REVIEWED BY: city ManagerJG¡ ~ @) (4/5THS Vote: Yes_N0...lL)
BACKGROUND: The San Diego National Sports Training Foundation
(Foundation) has requested that the City of Chula vista provide
$3,000,000 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 East1ake
in eastern Chu1a vista. Council action tonight will authorize
staff to work with the Foundation to pursue an acceptable financing
structure.
RECOMMENDATION: 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.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In 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:
11- I
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Page 2, Item / '7
Meeting Date 3/15/94
- Act as the official liaison between the usoe 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 feasibili ty
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 1988 the USOC approved
the San Diego area as the location for its west coast training
center.
In October 1988, 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 1989, design forums were held with athletes
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 october 1989, 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 17
Meeting Date 3/15/94
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.
Phase One Budqet
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 Fundinq
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.
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Page 4, Item /7
Meeting Date 3/15/94
eitv Participation in Financinq
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 I 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/USOe 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
Foundation 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.
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Page 5, Item (7
Meeting Date 3/15/94
Waiver of Biddinq 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.
nos lr1-b
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RESOLUTION NO. 1?1/.2:J
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 structure
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
/7·1
. ---_._----~....,_.._._---_._._._--,-,--._-----~..~._..,~."_._._-
thereof back to the Foundation in return for
sublease payments which are sufficient to provide
for payment of debt service, and/or (H) 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 (Hi) 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 Financinq Plan. The City Council
hereby approves in concept the Financinq Plan described above, and
authorizes the City Manager, the Director of Finance and other
appropriate officials of the city to institute proceedinqs for the
implementation of the Financinq 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. Enqaqement of Professional services. 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. Effective Date. This Resolution take
effect from and after the date of its passage and ado
Presented by ed I by
/
I
George Krempl, Deputy City v Bruce M. Boo
Manager Attorney
c: \ rs\ finance. ote
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ARCO TRAINING CENTER
I~ CORE FACILITIES
~ ~!
Traininl! Venues:
400-meter track & 5-acre throwing field, plus support building
50-meter swimming pool 3 meters deep throughout, plus support building
Astroturf field hockey pitch with watering system, plus support building
2,OOO-meter rowinglcanoelkayak course, plus 6-bay boathouse
44-lane archery range, plus support building
4 soccer fields, plus support building
4 tennis courts, plus support building
9/10-mile cycling criterimn course
A 2-mile perimeter jogging path
Support Facilities:
.. 4 residence halls to accommodate up to 180 athletes
~ A kitchen, servery and dining hall with seating for 300
A medical clinic and hmnan 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
Security, administrative and conference 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 $575.000
($2.700.000)
BRIDGE LOAN REQUIRED $3.000.000
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~ FUND RAISING ~TRA TEGY
BACKGROUND
From 1987 to 1990, the San Diego National Sports Training Foundation had raised
$20 million in land and nearly $38 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 infrastructure. At the same time, the foundation suggested that the U.S.
Olympic Committee detennine 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 $59 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 $62.5 million.
CAMPAIGN STRATEGY TO COMPLETE PROJECT
With the fmal defuútion of the core facilities, h'1e 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 discussion and projected dates for opening, the
project suffered from confusion among many members of the public, with some
prospective donors presuming that the project would never be completed. The
foundation set out to colTect the record through several tactical steps, all designed
to show that this Olympic dream would, indeed, become a reality as quickly as the
foundation could raise the final $3.5 million of its campaign goal- the last 5
~'~; percent to put the project and the campaign "over the top."
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\ TACTICAL APPROACH TO CAMPAIGN
In light of the strategy to inject a new sense of urgency and credibility to the
project, the foundation took 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 archeI)', canoe/kayak,
cycling, field hockey, rowing, soccer, tennis, and track and field, and 2) all
roadways, parking and the elevated Olympic Path,.the center's main visitor
thoroughfare. . With this work underway, the center began to take shape, 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
synchronized 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 fmancing package would
) allow construction of essential facilities in 7 months' time.)
Public Awareness Campaign
The foundation 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 foundation staff has 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 underway which creates media events at the
site. Whether the men's field hockey team trials to demonstrate the newly
completed Astroturf pitch, or clinics for local school kids conducted by Olympic
runners, these events show off completed facilities, and provide a preview of the
interaction 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 full 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 all over 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 it Takes: Crossing the finish
line for the ARCa Training Center. Graphically, this theme is depicted in a
contemporary, 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 detennination of Olympic
hopefuls to represent their country in international competition.
New Campaign Film and Literature
, In order to reinforce What it Takes in all elements of the campaign, the slogan was
I
used as a thematic device throughout a new film on the training center. The film,
narrated 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 staff and board members.
Strengthened Board Membership
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 DeITougb, Doug Manchester, Rugg
Cunningham, Scott Jones, Scott Tinley, Bill Toomey and Brian Dyson (Coca-Cola
executive) have been added to the board, and Malin Burnham was elected Vice
President following the death of Ernie Hahn. Trustee David M. Armstrong,
founder of ProKennex tennis 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 construction site for a first-hand look at the project's
progress.
In October 1993, the fOWldation 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 Training Center. Since that luncheon, more than $700,000
has been pledged for the center.
Similarly, a preview tour and reception was held in Februaty 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
)
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 fOWldation 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
commWlity 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 $25. million. At a time when physical fitness programs are being cut back
for at-risk youth, this facility can serve as a vital source of inspiration and
recreation for YOWlgsters of Southern California.
The center will also be open daily to visitors who will receive a ftee, escorted tour,
of the groWlds. Many of these visitors will be local children with their family or
with their classmates on a field trip. During their tour they will see the importance
Df fitness and nutrition, and learn the value of goal-setting and perseverance,
jjÜ$i~~ Olympian virtues that will serve them in all they do.
\ ì - II.-
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I ) Naming Opportunities
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 naming 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 varying 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
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 $550,000 in new
funding. Several new Atlanta sponsors have yet to be introduced to the project,
and await the foundation's joint solicitation through the usac.
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 new funding.
Local Corporate Targets: A number of companies based in San Diego and
Southern California are being solicited as well. The appeal is tailored to the
importance of the ARCa Training Center to the cultural and economic landscape
of the city and the region. As good corporate citizens - with a vested interested in
the well being of the community in which they are based - they can gain a great
¡¡¡ì;¡¡, deal of public acclaim locally to stepping up to help complete the project.
;~ ¡~{,;1
\ l; 11
,- -.....----.--..---.----.----.---.-. _._---
This solicitation also involves a two-tiered process. Companies may receive
penn anent 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 cUITently being considered by a number of local corporations which
would generate more than $800,000 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 willleam the
value of goal-setting and perseverance trom 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
$1 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
campaign. The prima¡y method of solicitation involves a prospect list developed
by each member of the board of trustees. With staff assistance, trustees conduct
personal tours of the facility and request [mancial assistance.
As with any fundraising endeavor, the prospect list is constantly updated as
potential donors are identified, solicited and eliminated trom futuré consideration.
As CUITent 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 undertaken in memory
of Emest W. Hahn, a leading member of the foundation board who, perhaps more
than any other individuaI. was responsible for bringing the project to the verge of
completion.
Mr. Hahn's colleagues in the Urban Land Institute will be solicited nationally,
along with friends and business associates from Southern California. They are
being asked to match the $500,000 Mr. Hahn personally contributed to the project.
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I
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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CITY COUNCIL AGENDA STATEMENT
Item I~
Meeting Date 3/15/94
ITEM TITLE: RESOLUTION 171.2 r APPROVING THE 1994 HOME PROGRAM
DESCRIPTION AND AUTHORIZING ITS SUBMITTAL TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SUBMITTED BY: Community Development Director
REVIEWED BY: City Manager0C¡ ~ ~
(4/5ths Vote: Yes _ No X_)
Council Referral No. NO
BACKGROUND: The City will receive $652,000 in HOME funds from the federal government
in FY 1994-95. In order to receive these funds, the agency must submit an annual program
description which describes the types of affordable housing activities we plan to undertake using
these funds. In it's HOME program description, the City targets new construction, substantial
rehabilitation, and acquisition of both rental and for-sale housing. The City may amend its
HOME program description without HUD approval, if the City later finds i1 necessary to do so.
RECOMMENDATION: That the City Council adopt the resolution approving the HOME
program description and authorizing its submittal to the U.S. Department of Housing and Urban
Development.
BOARDS/COMMISSIONS RECOMMENDATION: The Housing Advisory Committee will
hold a special meeting before March 15 to review the Home program description, and their
comments will be forwarded to the City Council.
DISCUSSION:
The Federal HOME Investment Partnership Program (HOME Program) allocates funds by
formula directly to state and local governments to promote affordable housing. HOME funds
may be used to provide affordable rental housing and homeownership opportunities through new
construction, acquisition, rehabilitation, and tenant-based rental assistance. At least 15 % of the
funds ($97,800) are required to be set aside for use by Community Housing Development
Organizations (CHODO's) for specific housing projects. In addition, HOME funds can be used
to fund administrative costs for CHODO's. The City can also allocate 10% ($65,200) of its
HOME funds for administration.
To date, the City has been allocated $1,895,000 in HOME funds. Last year the City funded the
short-term transitional housing for homeless families apartments purchased by South Bay
Community Services using $610,000 in HOME funds.
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Item Æ
Meeting Date 03-15-94
Page 2
Attached to the resolution is a copy of the 1994 HOME Program description. The City's
estimated use of funds is as follows:
ESTIMATED USE OF HOME FUNDS
CITY OF CHULA VISTA
ACTIVITY TOTAL HOME $ RENTAL $ OWNER $
New Construction $180,600 $90,300 $90,300
Substantial Rehab $180,600 $90,300 $90,300
Other Rehab 0 0 0
Acquisition $180,600 $90,300 $90,300
Tenant Assistance 0 0 0
CHODO Administration $45,000
City Administration $65,200
The City has the option of modifying the amounts by category in the future without HUD
approval if the need arises.
The $45,000 proposed for CHODO administrative costs is earmarked for South Bay Community
Services, the only organization in Chula Vista to be designated as a CHODO. Currently, the
City funds their affordable housing development component through Community Development
Block Grant (CDBG) funds. By utilizing HOME funds for administration, the City will free up
CDBG funds that can then be used for other activities to benefit low and moderate income
households. The affordable housing component of South Bay Community Services has been
funded by the City for the past three years, and during that time they have become a well
respected affordable housing producer. The City has encouraged nonprofit organizations to
develop their capacity to provide affordable housing, recognizing that they have both the
motivation and ability to house very low income tenants. Many funding sources are only
available to nonprofits, so they have the capacity to bring funds into the City that we would not
have access to. In addition, the HOME program requires that at least 15 % of these funds be
allocated to CHODO's. So, to fully utilize these funds, it is in the City's best interested to
suppor1 these organizations.
Funds in the . Substantial Rehabilitation" category are envisioned for existing projects
acquired for affordable housing where rehabilitation work is needed to bring the property up to
sound condition.
The City is required to provide a 25 percent match for HOME funds used for rental assistance,
housing rehabilitation (including substantial rehabilitation), and acquisition of standard housing.
A 30 percent match is required for new construction.
HOME funds used for administration do not require a match. Matching contributions can come
from local, state or private sources. They cannot come from any federal source including
Community Development Block Grant (CDBG) funds or interest rate subsidies attributable to
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Item 18'"
Meeting Date 03-15-94
Page 3
federal tax-exempt financing. Sweat equity contributions do not count toward the required
match.
Some examples of allowable matching contributions would include Redevelopment Agency Low
and Moderate Income Housing Funds, land value (donated or a loan), on and off-site
improvements, waiver of local or state taxes or fees, or voluntary labor in connection with site
preparation. If a project exceeds the required match, the excess credit can be applied to future
projects.
FISCAL IMPACT: The City will receive $652,000 in HOME funds from the federal
government for affordable housing, and will be required to provide a 25 to 30 percent match,
depending upon the type of activity funded through HOME. If Redevelopment Agency Low and
Moderate Income Housing Funds are utilized for the match, the Agency fund currently has a
balance of $380,000. On an annual basis, the Agency receives approximately $950,000 for the
Low and Moderate Income Housing Fund. Subtracting out funds for administration and the
City's Housing Rehabilitation Program, approximately $100,000 would be available each year
for affordable housing projects, including projects funded through the HOME Program.
[SS\B:HOMEA.113]
SHEILA'S DISK #1
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RESOLUTION J7'1.2l/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE 1994 HOME PROGRAM DESCRIPTION AND
AUTHORIZING ITS SUBMITTAL TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
WHEREAS, the City of Chula has been allocated $652,000 of HOME federal
housing funds; and
WHEREAS, the HOME program regulations require a participating jurisdiction
to submit a program description each year describing the proposed use of funds; and
WHEREAS, the HOME program will enable the City to meet the housing needs
of lower-income residents.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby f'md, order, detennine and resolve to approve the 1994 HOME Program
Description and authorize the Mayor to submit the description to th U. S. Department of
Housing and Urban Development.
PRESENTED BY: ztt :IT
,
Chris Salomone Bruce M. Boog
Community Development Director City Attorney
[SS\B:\HOME.RES]
SHEILA'S DISK #1
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CITY OF CHULA VISTA
HOME PROGRAM DESCRIPTION
1994-95
Introduction
The HOME Investment Partnership Program (HOME Program) is a federal housing program which
allocates funds by formula directly to state and local governments to promote affordable housing.
HOME funds may be used to provide affordable rental housing and home ownership through new
construction, acquisition, rehabilitation, and tenant-based rental assistance. Participating jurisdictions
are able to provide this assistance to both for-profit and non-profit housing developers or directly to
qualified homebuyers or renters. The assistance may take the form of grants, loans, advances, equity
investments, and interest subsidies.
The City of Chula Vista has submitted a Comprehensive Housing Affordability Strategy (CHAS) to the
U.S. Dept. of Housing and Urban Development (HUD). This document was approved by HUD on
February 7, 1994.
Amount and Use of Funds
The City will receive $652,000 of HOME funds from HUD for the City's 1994-95 HOME program.
The City plans to utilize these funds for the following types of activities:
ESTIMATED USE OF FUNDS
Total HOME $ Rental $ Owner $
New Construction $180,600 $90,300 $90,300
Substantial Rehab 180,600 90,300 90,300
Other Rehab 0 0 0
Acquisition 180,600 90,300 90,300
Tenant Assistance 0 0 0
CHODO Administration 45,000 0 0
Administration 65,200 0 0
The New Construction funds can be used to assist the County Housing Authority, a non-profit
developer, or a for-profit builder to construct rental units for households earning 60 % or less of the area
median income, or home ownership units for households earning 75 % or less of the area median
income.
The Acquisition-Rental funds can be used to fund acquisition of existing units for households earning
less than 60 % of median income. The Acquisition-Owner funds can be used to fund acquisition of new
or existing units for households earning 75 % or less of median income.
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City Matchinl! Contribution
Starling with Fiscal Year 1993 funds, parlicipating jurisdictions must provide a 25 percent matching
contribution for HOME funds used for rental assistance, housing rehabilitalion (including substantial
rehabilitalion), and acquisilion of standard housing. A 30 percent match is required for new
construclion.
Community HousiDi> Deyelooment Orl!anizatious (CIIDO)
The City of Chula Vista will collaborate with non-profit organizations in the development, acquisilion,
preservalion, and rehabilitation of affordable housing. The following policy is part of the City's
recently adopted Housing Element for 1991-96:
"The City supports and encourages usage of a broad spectrum of approaches to produce
lower-income affordability in rental housing including: (a) utilizalion of available
Federal, State and county programs and funding; (b) participalion of non-profit
development corporations either individually or in partnership with the private
developers.. . "
The City will provide a minimum of 15 percent ($97,800) of its HOME allocalion to qualified CHDOs
for acquisilion of rental or homeowner units. The City will provide technical assistance to CHDOs in
the following areas: applying for HOME funds; fInancing housing development; processing development
projects; and, complying with HOME program regulalions. Up to 10 percent of the CHDO set-aside
funds may be used by CHDOs for project-specifIc assistance as authorized under Section 92.301.
This year, the City plans to fund CHODO administralive costs through a $45,000 grant.
Affmnatiye Marketinp
. The City funds and oversees a comprehensive Fair Housing Program, which is provided under contract
by the Fair Housing Council of San Diego. This program includes outreach, educalion, counseling, and
assessment. The City will work with the Fair Housing Council to promote fair housing in all affordable
housing projects and aclivities. The practice of non-discrimination and equal opportunity will be
promoted for all HOME-funded housing projects through the policies and procedures described below:
1. The Fair Housing logo and slogan will be incorporated into all public informalion and outreach.
2. Development agreements between the City and a developer/owner will specify the owner's
responsibility to promote fair housing when soliciting tenants or homebuyers. The owner will
be required to utilize HUD and/or the City's fair housing brochures, posters, logos, etc.
3. The developer/owners shall be required to plan and implement special community outreach to
solicit parlicipalion of persons who might not be reached through mass-media outreach.
4. The developers of new housing will parlicipate in the County's Voluntary Advertising and
Markeling Agreement to promote fair housing in all their promolional activilies.
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5. In the event the City finds that a developer/owner is not in compliance with these policies, the
City will specify corrective action which must be implemented within 30 days. If this deadline
is not met, then the City will find the developer/owner in default of the development agreement.
6. Records will be maintained documenting the affirmative marketing efforts of the City and
developers/owners of HOME-funded projects. The City will assess the progress and
effectiveness of the affirmative marketing program on an annual basis. Modifications to the
program will be made as needed.
Minoritv /Women Business Outreach Prol!ram
The City of Chula Vista will establish a minority outreach program consistent with 24 CFR 92.350
which shall be applicable to all affordable housing activities authorized under the HOME program or
any other applicable federal housing law. The minority outreach program will encourage the use of
minority and women-owned business enterprises in connection with HOME-funded activities to the
maximum extent possible.
With regard to the expenditure of HOME funds, the City will:
1. Work with other local jurisdictions in the region to develop a systematic method for identifying
and maintaining an inventory of certified MBE and WBEs, their capabilities, services, supplies
and/or products;
2. Utilize the local media, electronic and print, to market and promote contract and business
opportunities for MBEs and WBEs;
3. Develop informational and documentary materials on contract/subcontract opportunities for
MBEs and WBEs;
4. Develop solicitation and procurement procedures that facilitate opportunities for MBEs and
WBEs to participate as vendors and suppliers of goods and services;
5. Sponsor business opportunity-related meetings, conferences or seminars with minority and
women business organizations;
6. Maintain centralized records with statistical data on the utilization and participation of MBEs and
WBE as contractors/sub-contractors in all HUD-assisted program contracting activities.
The City has previously adopted a Minority and Women Business Enterprise Construction Program for
federally-funded construction projects. This M/WBE policy will be utilized in all HOME-funded
construction contracts.
First-Time Homebuver Provisious
AJ1y for-sale housing units developed with HOME funds or any units sold to first-time homebuyers who
are assisted by HOME funds will be encumbered with either recapture provisions or resale restrictions.
If resale restrictions are imposed, then they will incorporate the following principles:
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a) any subsequent buyer is also low-income (earning 80% or less of median income) and will be
the principal resident of the property
b) financing is such that the subsequent buyer does not pay more than 30 % of his/her gross
household income for PIn (principle, interest, taxes, and insurance)
c) the unit remains affordable for a period no less than 15 years for existing housing and no less
than 20 years for new housing.
Specific contract language for the recapture of HOME funds or resale of HOME-assisted property will
be submitted to HUD for approval prior to their implementation as required by 92.254(a)(4).
At this time the City anticipates using a ·shared appreciation· loan structure. Under the shared
appreciation arrangement, any appreciation realized during the term of home ownership will be shared
between the City (which provided the initial subsidy loan) and the homeowner. The owner's share of
appreciation shall be calculated based on his/her downpayment, principal reduction payments, and the
cost of any major improvements which increased the value of the property.
IAG\A:\HOME.OOq
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FISCAL YEAR 1994 HOME INVESTMENT PARTNERSHIP PROGRAM
CERTIFICATIONS
In accordance with the HOME Investment Partnerships Act
Program (HOME) and with 24 CFR 92.150 of the HOME Investment
Partnership Program Rule, the Participating Jurisdiction
certifies the following:
1- That the Participating Jurisdiction, before committing any
HOME funds to a project, will evaluate the project in
accordance with guidelines that it adopts for this purpose
and will not invest any more HOME funds in combination with
other federal assistance than is necessary to provide
affordable housing;
2. That the Participating Jurisdiction will meet the
certification required by 24 CFR 92.211, or, if the
Participating Jurisdiction intends to provide tenant-based
rental assistance solely in the form of security deposits,
the Participating Jurisdiction will meet the certification
required by 24 CFR 92.210, if applicable;
3. That the submission of the program description is authorized
under State and local law (as applicable), and the
Participating Jurisdiction possesses the legal authority to
carry out the HOME Investment Partnerships Program, in
accordance with the HOME regulations;
4. That the Participating Jurisdiction will comply with the
acquisition and relocation requirements of the Uniform
Relocation Assistance and Real Property Acquisition policies
Act of 1970, as amended, implementing regulations at 49 CFR
Part 24 and the requirements of 24 CFR 92.353.
5. That the Participating Jurisdiction and, if applicable, State
recipients, will use HOME funds pursuant to the Participating
Jurisdiction's current approved housing Strategy and in
compliance with all requirements of 24 CFR Part 92;
6. That the Participating Jurisdiction will meet the drug-free
work place required by 24 CFR Part 24, Subpart F; and
7. That the Participating Jurisdiction will meet the lobbying
required by 24 CFR Part 87, together with disclosure forms,
if required by 24 CFR Part 87.
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APPLICATION FOR 2, Date Submitted Applicant Identifier
FEDERAL ASSISTANCE M93-MC060505-01
t. TYPE OF SUBMISSION: t 3. Date Received By State State Apprication Identifier
,
APPUCA TION PREAPPUCA TION
,
o Construction : D Construction 41. Date Received By Federal Agency Federal Identifier
,
o Non-Construction : D Non-Construction
,
5. APPLICANT INFORMATION
Legal Name: Orgarúzational Unit:
.City of Chula Vista Community Development Department
Address (give city. county. state. and zip code): Name and telephone ...mber of the person to be contacted
276 Fourth Avenue on matters InvoMng this appDcatton (give area code)
Chula Vista, CA 91910 Sheila Shanahan
(619) 691-5263
6. EMPlO'VER DENTFICAT10N NUMBER (EN) 7. TYPE Of' N'PUCANT: (EI'II'ER APPROPRIATE LETTER IN BOX) [II
(ill] -~ A. State H. Independent School Dlst.
B. County I. State Controned Institution
B. T\'Æ OF APPLICATION: C. Municipal of Higher learning
o New Œl Continuation o Revision D. Township J. Private University
E. Interstate K. Indian Tribe
F. Inter-munlcipat L. Individual
" revision, enter approprlate1etter(s) in boa(..): G. Special District M. Profit Organization
N. Other (Specify):
A. Increase Award C. Increase Duration 0 0
B. Decrease Award D. Decrease Duration
G. NAME OF FEDERAL AGENCY:
Other (SpecKy)' HUD
10. CATAlOG OF FEDERAL DOMESTIC !Iill - Iillill 11. DESCAIP11VE 11TLE OF "-PPUCANT'S PROJECT:
ASS1ST ANCE NUMBER:
HOME Investment Partnership Program - New
TITLE , construction and acquisition of rental
and for-sale units.
12. AREAS AFFECTED BY PROJECT (CI1ieS, counties. .tates. etc.):
City of Chula Vista
13. PROPOSED PROJECT: 1.... CONGRESStONAL DiSTRICTS OF:
Start Date Ending Date a. Appl6cant , b. Project
,
1994 1996 44th ,
,
15. eSTIMATED FUNDtNG: 16. IS APPLICANT SUBJECT TO REVIEW BY STATE EXEcunVE
Of:IDEA 12372 PRocess?
a. Federal
S 652,000 .00 .. YES. This pNappllcatlon I application was made available to
b. Applicant the Stat. Eøcuti¥e Order 12372 process fOt" reviøi on:
S .00 DATE:
c. 81_t.
S .00 o """,,om 10 not ........ "" E.O. 12372
CI. t.ocal b. NO
S .00 o ~""",.m has not Þeen Mtected by 61.t. for
e. Other
S .00
f. Program InCOme 17. IS THE N'PUCANT OELNOUENT ON /4NY FEDERAL OEBT'I
S .00 DYES 0NO
g, :rOTAL 652,000 IF -YES.· attach an .lq)lanatlon.
S .00
18. To the bes1 of my knowledge and belief, all Clata In this _ppUcation/pnaapplicatlon are true and correct. The dOCument has been duly authorized bV the
goyemlng body of the applicant and the appIicalnt win ~y with the attached assurances if the assistance Is awarded.
e. Typed Name of Authorized Representative b. Title c. T.k!phone number
Tim Nader Mayor 691-5044
CI. Signature of Authorized Representative /8'" / I e. Date Signed
Pr9Vlous Editions Not Usable tJ,llthnri7p.o for Loc::.1 Reoroduction SF...0424 (San FrancIsCO)
. "--..-,--.-- .----,- --.- _.--.._-----
SF 424 (Back)
INSTRUCTIONS FOR THE SF 424
This is a standard form used by applicants as a required Cacesheet for preapp1ications and applications submitted
Cor Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have
establisheà a review and comment procedure in response to Executive Order 12372 and have selected the program
to be included in their process. have been given an opportunity to review the applicant's submission.
Item: Entrv: Item: Entrv:
1. SeIC-<!xplanatory. 12. List only the largest political entities afCected
2. Date application sub 'tted to Federal agency (or (e.g., State, counties. cities).
State iC applicable) & a licant's control number 13. SeIC-<!xplanatory.
(if applicable).
3. State use only (iC applicable).. 14. List the applicant's Congression istrict and
4. IC this application is to cont any District(s) affected by the p gram or project.
existing a ward, enter present deral identifier 15. Amount requested or to contributed during
number. 1£ Cor a new project, leav the first funding/b get period by each
5. Legal name of applicant, nam of primary contributor. Vatu f in-kind contributions
organizational unit which will un ertake the should be inclu d on appropriate lines as
assistance activity, complete add ss oC the applicable. If action will result in a dollar
applicant, and name and telephone nu r of the change to a existing award, indicate only the
person to contact on matters relate to this amount 0 e change. For decreases. enclose the
application. amoun in parentheses. If both basic and
6. Enter Employer Identification Number (EI supp' mental amounts are included, show
br down on an attached sheet. For multiple
assigned by the Internal Revenue Service. ogram funding, use totals and show breakdown
7. Enter the appropriate letter in the spa using same categories as item 15.
provided. I
8. Check appropriate box and enter appropriate Applicants should contact the State Single Point
of Contact (SPOC)' for Federal Executive Order
letter(s) in the space(s) provided: 12372 to determine whether the application is
_ "New" means a new assistance award. subject to the State intergovernmental review
_ "Continuation" means an extension for process.
additional fundingibudget period for a
with a projected completion date. 17. is question applies to the applicant organi-
_ "Revision" means any change in za 'on, not the person who signs as the
Government's financial obligati or aut rized representative. Categories of debt
contingent liability from an e ting inclu delinquent audit disallowances, loans
obligation. and ta s.
9. Name of Federal agency Cro which assistance is by the authorized representative of
being requested with this plication. 18.
. A copy oC the governing body's
10. Use the Catalog of F rat Domestic Assistance authorizatio or you to sign this application as
number and title of e program under which official repre ntative must be on file in the
assistance is requ applicant's om (Certain Federal agencies may
11. Enter a brieC 'ptive title oC the project. ü require that this uthorization be submitted as
more than 0 program is in"olved, you should part of the applicatt .)
append an Ianation on a separate sheet. 1£
approI' . (e.g., construction or real property
projec , attach a map showing project location.
For eapplications, use a separate sheet to
.de a summary description oC this project.
)~~ /,2.,
.
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CITY COUNCIL AGENDA STATEMENT
Item /9
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"
SUBMITTED BY: Community Developme~rector
REVIEWED BY: City Manager~ ~ ~
(4/5ths Vote: Yes _ No X-J
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 managemen1 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.
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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.
[SS\A:RFP.113]
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REQUEST FOR PROPOSAL TO MANAGE A MOBILEHOME PARK
FOR THE CITY OF CBULA VISTA HOUSING AUTHORITY
I. 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 ownership, 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.
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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;
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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 REQUIREMENTS
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 AS 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.
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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.
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The following criteria will be used by the committee to evaluate
proposals:
l. 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.
S . 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.
VI II. MINORITY AND/OR WOMAN/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~ ?
" -_._-~-------_._~----".._._---
i· ...... ... ... .............. ~~.... i
> ....... ..... ....
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 l. 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;
ll. 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"'?"
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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
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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
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
2
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. -- -~-----"..._.---"-------,,,"-.--.-~--.~..... ------~--_.._-----
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
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--...--- ._._._-.-.-'~--'-.------'.
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Securitv for Performance.
(l) 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 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.
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
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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
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
5
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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
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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.
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
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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
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....._.._...~..._"------~_...._~_.._"--_.....__._-_._~--~--_.~--,-
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.
II. 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
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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
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. _..-_.~-_.~_._-_...--.-.-~--_.._-- _..,.~~------------,-,.
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.
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. Vénue for this Agreement, and
performance hereunder, shall be the city of Chula vista.
[end of page. next page is signature page.]
11
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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: title]
[name of person,
Exhibit List to Agreement
( ) Exhibit A.
( ) Exhibit B:
12
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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-1 attached hereto and incorporated he+ein by
this reference
1
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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 Agreement
( ) 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 coverage: $1,000,000.
(X) 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).
10. Materials Required to be Supplied by city to Consultant:
[To be determined]
11. Compensation:
A. Basic Services.
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: , 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 $ ·
·
3
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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. lo 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.
4
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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 checked, 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
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-" ---. ~ .._~.__..,._-"._._._----------~~.._-_._~--
( ) Retention Percentage: %
-
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
C:\ag\Prop.gr.UH
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EXHIBIT A-1
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) Suoervision and Hirinq. 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) Comoliance 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 §§798 et seq.), the Real
Estate Law (California Business & Professions Code §§lOOOO 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) Comoliance with Bond Documents. Notwithstanding any
provision in this Agreement to the contrary, Consultant shall
1
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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.
2
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EXHIBIT A-2
Specific Duties
(1) Leasinq 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 general guidelines approved by
city. All necessary advertising 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
agreements for spaces within the Park.
(2) Budqet/Collection of Revenues. Within thirty (30)
days following the execution and delivery of this Agreement,
Consultant shall prepare a budget for the Park for the Fiscal Year
ending June 30, 1995 and submit this budget 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
charges which at any time be due or become due from any resident
occupying 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 promulgated 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
ci ty, if required hereunder, or which are not included in the
current budget 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 ought 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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________.__ ,._.._ ,_".____._n_.. .._..__.__n·.·.._._.
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) Cooperation 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 Complaints. Reauests and Input.
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) Books 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
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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. Consultant 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.
(7) Maintenance and Repairs. 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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.'·m"_".___m_'___
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) EmDlovees. 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) Sub;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 ci ty .
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\UHpropty ,un
8
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COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 3/15/94
ITEM TITLE: Report: East Otay Mesa Specific Plan
SUBMITTED BY: Director of Planning ~{
REVIEWED BY: City Manager ~ ~ ~Î (4/Sths Vote: Yes_No.lO
On March 8, 1994, the City Council authorized staff to forward correspondence to the County
of San Diego Planning Commission requesting a continuance of the review of the proposed East
Otay Mesa Specific Plan and accompanying Draft EIR to allow the City of Chula Vista time to
review revised documents and comment on concerns, Staff has now reviewed these documents
and has prepared specific comments relating to the Final EIR and Specific Plan documents. This
report serves as a follow-up to the status of this project, and includes the draft letter for your
review.
RECOMMENDATION: That Council accept this report and authorize staff to transmit the
attached letter to the County of San Diego which identifies specific concerns with the analysis
contained in the Final EIR as well as policies contained or lacking in the East Otay Mesa
Specific Plan.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The East Otay Mesa Specific Plan is a 3,300-acre mixed use industrial park located in the
County of San Diego, immediately north of the US/Mexican border and east of and adjacent to
the City of San Diego's industrial subdistrict. The discretionary actions for the project include
General Plan and Subregional Plan Amendments, rezone, creation of a Sanitation District,
adoption of Site Planning and Design Guidelines, Specific Plan adoption and Certification of the
Final EIR.
On March 8, 1994, the City Council authorized staff to transmit a letter to the County of San
Diego Planning Commission requesting a continuance of the public hearing scheduled for March
11, 1994, for the certification of the Final EIR and discretionary permits for the East Otay Mesa
Specific Plan until the City could respond further on concerns that it had regarding the Final EIR
and Specific Plan documents.
Staff has now had an opportunity to review the response to comments on the Final EIR and the
revised Specific Plan in detail and has prepared a draft letter for Council's approval to be sent
,; ¡;.. )
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Page 2, Item .;.¿J
Meeting Date 3/8/94
to the County of San Diego Planning Commission (see attachment). This letter outlines the
major issues affecting the City of Chula Vista and suggests appropriate steps for the County to
take to resolve these issues. The following is a brief outline of the issues discussed in the
attached letter:
1. Circulation Analvsis - The Final EIR traffic analysis fails to adequately analyze off-site
regional traffic impacts, more specifically impacts to roadway segments and intersections
directly north within the future Otay Ranch development and the City of Chula Vista.
The Specific Plan offers no assurance that regional circulation facilities would be in place
commensurate with need.
2. Public Facilitv Phasinl! and Financinl! - The Specific Plan fails to provide assurances that
local circulation infrastructure will be financed and constructed for the East Otay Mesa
Specific Plan area. In addition, no assurances for the financing or construction of
regional circulation facilities are provided. The burden of providing these facilities is
shifted to outside funding sources andlor other agencies. This approach is unacceptable
since the next level of discretionary review would be that of individual tentative
subdivision maps at which point all project entitlements and commitments would be
established.
3. Biolo¡¡v Impacts - The Specific Plan fails to establish a commitment to regional habitat
planning efforts which will be difficult to administer and implement at the individual
tentative map level of review.
4. Jobs/Housing Balance - The EIR fails to adequately analyze the impacts caused by the
lack of residential development proposed within the Specific Plan. The housing needs
created by the large industrial base on the Mesa are being deferred to areas within the
City of Chula Vista (Otay Ranch) and the City of San Diego (Otay Mesa). Impacts
associated with this involve traffic and air pollution, which could be reduced with a
reasonable attempt at on-site accommodation of housing needs.
Staff is recommending that the County discuss these issues with the City of Chula Vista staff and
have offered to explain further our concerns. A meeting between City and County staffs has
been scheduled for March 14. Staff will continue to monitor the East Otay Mesa Specific Plan
project and keep the Council apprised of any discussions with County staff and/or actions of the
County Planning Commission on this item.
FISCAL IMPACT: None.
Attachment: Draft Letter to County Planning Commission
(f: \home\planning\eom-cc2c.al13)
,2¡?, ;¿
.-. --------.-.-- " -~._-_._--_..._-_.....---~_..._--_. ..---...--.......--.-.-
March 15, 1994
County of San Diego
Planning Commission
Department of Planning and Land Use
5201 Ruffin Road, Suite B
San Diego, Ca. 92123-1666
Subject: East atay Mesa Specific Plan and Final EIR (GPA-94-02; Log No. 93-19-6)
Honorable Chair and Members of the Planning Commission:
The purpose of this letter is to outline concerns that the City of Chula Vista has with the Final
Environmental Impact Report (FEIR) for the proposed East Otay Mesa Specific Plan, and
associated planning and development assumptions on which the FEIR is based, as well as the
revised Specific Plan. The City of Chula Vista also would like to suggest some actions that this
Commission consider prior to taking fmal action on the proposed project.
In January, 1994, the City of Chula Vista reviewed the Draft EIR (DEIR) and Specific Plan for
the above referenced project and submitted substantial comments regarding both documents on
issues including CEQA inconsistencies and potential impacts to transportation, land use, biology
and mitigation monitoring, which, in our opinion, were not adequately addressed in either
document. The City has recently received the responses to comments made on the DEIR and
on March 7, 1994, received a copy of the staff report and revised copy of the Specific Plan.
However, based on our review of the adequacy of the DEIR responses received and the revised
Specific Plan, the City of Chula Vista remains unsatisfied with the level of analysis in the FEIR
for this project, the lack of sufficient documentation to support these responses, and the lack of
adequate implementation policies contained in the Specific Plan,
The FEIR and the Specific Plan fail to provide adequate implementation and mitigation measures
to demonstrate the feasibility of the Plan's goals and policies, or those of the atay Subregional
Plan. The failure of the FEIR to define these mandatory implementation components, and the
Specific Plan to implement them, serves as the basis for our determination that the documents
do not meet the "minimum requirements" of CEQA. This issue is central to each of the
following impacts discussed in more detail herein below. These are: 1) The lack of adequate
analysis and recommended mitigation measures for off-site circulation impacts, 2) the lack of
an adequate transportation phasing plan and financing plan for circulation facilities serving East
atay Mesa, 3) the lack of adequate regional mitigation policies which will provide for the
J.. () :3
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County Planning Commission -2- March 15, 1994
management and protection of sensitive resources, and 4) inadequate analysis relating to
jobs/housing balance impacts.
Until these issues are adequately addressed, the City of Chula Vista respectfully requests that
all discretionary action on the proposed project, including certification of the FEIR, be
postponed.
Our specific concerns with the issues noted are summarized in the following sections. Included
in this discussion are specific recommendations that address both the concerns of the City and
the mitigation of project impacts that the Commission may want to consider before taking final
action on the project.
Circulation Analvsis
The Response to Comments on the DEIR, received by the City, indicates that a Congestion
Management Program (CMP)-level traffic analysis was not conducted for the project because
the traffic study and route selection work was completed prior to this requirement being enacted.
However, it is stated that the County Public Facility Element analysis for traffic impacts is
equivalent, and that project-specific traffic studies will be conducted on large projects prior to
approval of a Final Map.
The omission of an "enhanced CEQA review" analysis in the project traffic study causes serious
concern to the City of Chula Vista because, in our opinion, no assurances can be given through
the approval of project-specific traffic studies that a working, regional-serving circulation system
will be in place commensurate with need. Furthermore, this project represents the planned
development of 3,300 acres of mixed use (industrial, commercial, etc.) and the FEIR and traffic
study does not provide the evidence that an equivalent analysis was conducted to ensure the
proper analysis and mitigation of project as well as cumulative impacts to the regional circulation
system, including direct impacts to roadway segments and intersections within the future
development of Otay Ranch and the City of Chula Vista to the north, Examples of intersections
that would be impacted are Otay Valley Road and 1-805, Otay Lakes Road and Otay Valley
Road, and East "H" Street and Otay Lakes Road.
Public Facility Phasing and Financing
1. On-site Facilities - The draft Circulation Element of the Specific Plan does not provide
an adequate implementation and mitigation program (action plan) consistent with the
Circulation Guidelines contained in the Otay Subregional Plan (see Guidelines a, b, and
c). From a regulatory standpoint, the Specific Plan's implementation "strategy" fails to
provide assurance for the construction of facilities and mitigation of project impacts.
Instead, the Specific Plan lists a number of development and financing strategies and
,2.ð .. 'I
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County Planning Commission -3- March 15, 1994
assumptions to provide the necessary service capacity and circulation links to allow
development of East atay Mesa.
In order to ensure the provision of local transportation facilities commensurate with need,
we believe, at minimum, the Specific Plan should (1) implement all of the circulation
guidelines contained in the atay Subregional Plan, and provide Specific Plan-level public
facility phasing and fmancing programs supported by implementing ordinances and
regulatory provisions, and (2) identify secured and equitable financing agreements
necessary for Phase I and Phase II construction, operation and maintenance costs,
including the costs to mitigate on-site impacts to the existing and planned circulation
system (as called for in the atay Subregional Plan Guidelines).
2. Off-site Facilities - The implementation strategies for the Transportation Phasing Plan
(TPP) and Public Facilities Financing Plan (PFFP), as currently proposed by policies
contained in the Specific Plan (see Specific Plan policies F-l to F-4), do not provide any
assurance that the timely provision of "fair share" funding for off-site, subregional and
regional-serving transportation system improvements will be provided by local sources.
There is too much reliance upon State, Federal and other agencies to provide these
improvements.
The formation of interagency agreements to provide a "fair share" means of financing
the construction of timely regional facility improvements necessary to support
development on the East atay Mesa should be assured through Specific Plan policies.
Interagency agreements could include the identification of established financing
mechanisms and development thresholds that outline the timing and phasing of major
public facilities of mutual interest, and a monitoring program, funded and carried out as
a part of a required implementation program (see Specific Plan policies C-14 to C-16).
The City of Chula Vista believes that until an adopted transportation phasing and financing
program (both for on-site and off-site circulation facilities) is implemented to serve the. East atay
Mesa area, it is inappropriate to approve the Specific Plan based on an assumed circulation
system without some mechanism to ensure the timely provision of infrastructure. The Specific
Plan, realistically, will be the last opportunity to address regional circulation facilities since it
is very difficult to establish these necessary programs at the adoption stage of individual tentative
subdivision maps. The burden of establishing such subregional and regional programs cannot
be expected to be borne by individual developers during the processing of their individual
projects given the timetables and the fact that commitments and entitlements will have been
fmalized.
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County Planning Commission -4- March 15, 1994
Biologv ImDacts
The Specific Plan fails to provide an implementation program for the regional management and
mitigation of sensitive biological resources. The FEIR describes a process that provides for
project -specific evaluations at the site plan level and mitigation to occur within areas having an
Resource Area designation. In our opinion, this practice places the burden of responsibility on
the individual property owner at a point too late in the process to plan for and prevent sensitive
habitat loss in the subregional planning area. At a minimum, there should be policies which
commit the Specific Plan to regional planning efforts, such as the NCCP and/or the MSCP
programs.
In addition, a mitigation monitoring program needs to be provided and outlined as a specific
implementation program requiremen1 in the Specific Plan. This program should provide at
minimum the requirement for local agency participation.
Land Use
The City of Chula Vista has long been concerned over the amount and intensity of land devoted
to industrial use on the Otay Mesa, both in the City of San Diego and in the unincorporated area
of the County. It appears that the intent of the Specific Plan is to acquire or exact those areas
zoned for residential land uses to provide for permanent open space, and to mitigate impacts to
biologically sensitive resource areas planned for industrial and commercial development.
Therefore, it is our opinion that since residential development is likely not to occur within the
Specific Plan and that housing to accommodate planned industrial and commercial areas is
virtually non-existent within the Plan, that the FEIR analysis regarding jobs/housing balance is
severely flawed in that it assumes that residential development on the Otay Ranch and on the
western portion of the Otay Mesa (within the City of San Diego) is adequate to accommodate
jobs on the Mesa.
The FEIR analysis simply infers that since there is residential planned elsewhere that there is
no need to plan residential as part of this project. Before this assumption can be made there
needs to be an analysis of the number and expected housing types matched to job types and
salary levels in an effort to reduce vehicle trip lengths traffic as well as pollution impacts caused
by these large employment centers. It is recommended that the Land Use section be expanded
to include a cumulative land use impact analysis of all existing and future growth in the South
Bay region.
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County Planning Commission -5- March 15, 1994
Conclusion
The City of Chula Vista appreciates the opportunity to provide comments on the Final EIR for
the East Otay Mesa Specific Plan project and matters relating to the planning and development
of Otay Mesa. We would be happy to meet with your staff to discuss these matters in greater
detail and look forward to your response and consideration on the above matters.
Sincerely,
Tim Nader John D. Goss
Mayor City Manager
cc: Brian Bilbray, Board of Supervisors
Sid Morris, Assistant City Manager
George Krempl, Deputy City Manager
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