HomeMy WebLinkAboutAgenda Packet 1994/02/08
". declare under penalty of perjury that 1 am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the [3:;1letin Board at
Tuesday, February 8, 1994 the Public :?e¡'ices Building and,at City ~t3!1 ~ Council Chambers
6:00p.m. DATED..;V~ .iJ:Y SIGNED k--.-/~~ ,~ Public Services Building
Remlar M";;tin2 of the City of chufáV;sta Cit/Council
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: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamations wiIl be presented to local high school students for achieving first place awards
in the "Voice of Democracy" speech contest. Mayor Nader will present the proclamations to
Van Cheng (Castle Park High School), Vi Nguyen (Bonita Vista High School), and Andrea Toth
(Mar Vista High School).
CONSENT CALENDAR
(Items 5 through 9)
The staff recommendations regarding the foUowing items listed under the Consent Caiendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting Council intercede to prevent loss of San Diego's megacenter status and
eventual closure of the data processing center at North Island Naval Air Station which could
impact local and state economies - Ilona H. Harpe, 795 Paulsen Ave., El Cajon, CA 92020.
It is recommended that this letter be referred to staff.
b. Letter requesting financial support for the Bonita Vista High School's Music Machine to
perform at the first International Show Choir Festival in the Netherlands and at Euro Disney
Terry Myers, Booster Club President, Bonita Vista High School, 751 Dtay Lakes Road, Chula
Vista, CA 91913. It is recommended that Council authorize the expenditure of $2,000 from the
Council Contingency Fund for financial assistance for the Music Machine to perform at the
International Show Choir Festival and Euro Disney. In exchange for this funding, the Music
Machine is to perform at City functions, such as the Christmas Tree Lighting Ceremony, etc.
6. ORDINANCE 2588 REPEALING SECTION 5.26.220 OF THE MUNICIPAL CODE
RELATING TO FEMALE BARTENDERS (second readil12 and adontion) -
The proposed ordinance wiIl repeal an obsolete and unconstitutional provision
of the Municipal Code preventing women from being bartenders. Staff
recommends Council place the ordinance on second reading and adoption. (City
Attorney)
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Agenda -2- February 8, 1994
7. RESOLUTION 17383 AUTHORIZING THE PURCHASE OF POLICE PATROL VEmCLES
VIA A COOPERATIVE BID - The Fiscal Year 1993/94 budget provides for
the replacement of 13 Police patrol vehicles in the Equipment Replacement
Fund. The City is able to purchase the vehicles on a cooperative bid via the
City of San Diego Bid Number C4079/94. It is recommended by staff that the
purchase be from Bob Baker Ford. Staff recommends approval of the
resolution. (Interim Finance Administrator)
8. RESOLUTION 17384 ACCEPTING BIDS AND AWARDING CONTRACT FOR TURF MOWER
The Fiscal Year 1993/94 budget provides for a turf mower in the Parks
Division. Bids were received from three vendors. Staff recommends approval
of the resolution awarding the contract to the low bidder, San Diego Turf.
(Interim Finance Administrator)
9. RESOLUTION 17385 ACCEPTING BIDS AND AWARDING CONTRACT FOR THREE
TRAFFIC SIGNAL CONTROLLERS - Bids were requested for the purchase
of three traffic signal controllers required within the City. Two bids were
received. Staff recommends approval of the resolution awarding the contract to
the low bidder, John C. Henberger Company. (Interim Finance Administrator)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foUowing items have been advertised and/or posted as pubüc hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
10. PUBLIC HEARING DRC-94-10, APPEAL FROM THE PLANNING COMMISSION DECISION
TO APPROVE THE SITE PLAN AND ARCHITECTURE FOR THE
CONSTRUCTION OF 51 SINGLE-FAMILY HOMES IN
NEIGHBORHOOD 1561 (BA YONA) WITHIN THE RANCHO DEL REY
PLANNED COMMUNITY-KAUFMAN AND BROAD - The applicant,
Kaufman and Broad, is requesting site plan and architectural approval for the
construction of 51 homes on the undeveloped portion of the Bayona
neighborhood located within the Rancho del Rey Planned Community. On
1/26/94, the Planning Commission voted 4-3 to approve the proposal.
Anticipating a possible appeal by the neighbors, however, and not wanting to
delay the project any more than necessary, Kaufman and Broad have themselves
appealed the matter to Council. Staff recommends approval of the resolution.
(Director of Planning)
RESOLUTION 17386 DENYING THE APPEAL THEREBY APPROVING THE SITE PLAN
AND ARCHITECTURE FOR THE CONSTRUCTION OF 51 SINGLE-
FAMILY HOMES IN NEIGHBORHOOD 1561 (BA YONA) WITHIN THE
RANCHO DEL REY PLANNED COMMUNITY
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the Council's
jurisdiction thtu is not an item on this agenda. (State law, however, generally prohibits the City Councllfrom taking
action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject,
please complete the yellow "Request to Speak Umkr Orai Communications Fonn" available in the lobby and submit
it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record
purposes and follow up action. Your time is limited to three minutes per spealœr.
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Agenda -3- February 8, 1994
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
11. REPORT RESOURCE CONSERVATION COMMISSION RECOMMENDATIONS
FOR IMPROVING TIlE ENVIRONMENT - The Commission is submitting
fourteen recommendations for improving the environment. It is recommended
that these matters be referred to appropriate staff for further analysis and
recommendation. (John C. Kracha, Chairman, Resource Conservation
Commission.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantiol discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn availabie in the iobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
12. RESOLUTION 17387 APPROVING AN AGREEMENT WITH MERRICK AND COMPANY FOR
PHOTOGRAMMETRY, SURVEYING, AND PLANIMETRIC MAPPING
SERVICES - The Agreement is for photogrammetry, surveying, and
planimetric mapping services to update two very important data sets, which are
the sets of maps showing topographic contours and orthophotos. It will also
establish first and second order survey control points in the City, and it will
collect data on the sewer system and other City facilities which will be used to
support the City's infrastructure maintenance programs. All of the data will be
in a computer format so that it may be stored and maintained on the City-wide
Geographic Information System (GIS). As part of the GIS, the data will be
developed into various base maps and databases available to all City
departments; and, thereby, supporting City staff in providing accurate and
consistent information to the public. Staff recommends Council approve the
resolution awarding an agreement in the amount of $572,128 with Merrick and
Company, authorize the expenditure of $572,128 from the GIS project CIP, and
authorize the Mayor to execute said agreement. (Director of Public Works)
13. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
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Agenda -4- February 8, 1994
OTHER BUSINESS
14. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
15. MAYOR'S REPORT(s)
a. Ratification of appointments to the Bayfront Conservancy Trust Board of Directors - Dr. Patrick
Abbott and Isabelle Kay.
16. COUNCIL COMMENTS
Councilman Rindone
a. Coordination of nonprint materials collection for EastLake High School Public Library and South
Chula Vista Public Library (CD Rom programs, on line data base, electronic card catalogues,
laser disk and telecommunications).
Councilman Moore
b. Request Council ratification of Council Seat Number 2 (Moore) nominations to Economic
Development Commission. Continued from the meeting of 2/1194.
Councilman Fox
c. Proposed IP A creating the San Diego Solid Waste Management Authority.
d. Discussion of City involvement in the Gospel Music Festival.
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ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA) ,
International Association of Fire Fighters (IAFF) , Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 2/1194.
Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista VS. the County of
San Diego (Solid Waste Litigation).
Pending litigation pursuant to Government Code Section 54956.9 - Christopher vs. the City of Chula Vista.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on February 15,
1994 at 6:00 p.m. in the City Council Chambers.
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February 3, 1994
TO: The Honorable Mayor and City Council
FROM: John D. Goss, City Manager~~~
SUBJECT: City Council Meeting of Fe~~ary 8, 1994
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, February 8, 1994. Comments regarding the Written
Communications are as follows:
Sa. This is a letter from Ilona H. Harpe requestin9 the Council to intercede
to prevent. the loss of San Diego's megacenter status and eventual closure
of the data processing center at North Island Naval Air Station, which
could impact local and state economies, IT I S RECOMMENDED THAT TH I S
LETTER BE REFERRED TO STAFF.
Sb. This is a letter from Bonita Vista High School requesting financial
support for the schoo 1 ' s Music Machine to perform at the first
International Show Choir Festival in the Netherlands and at Euro Disney.
IT IS RECOMMENDED THAT THE COUNCIL AUTHORIZE THE EXPENDITURE OF $2,000
FROM THE COUNCIL CONTINGENCY FUND FOR FINANCIAL ASSISTANCE FOR THE MUSIC
MACHINE TO PERFORM AT THE INTERNATIONAL SHOW CHOIR FESTIVAL AND EURO
DISNEY. In exchange for this funding, the Music Machine is to perform at
City functions, such as the Christmas Tree Lighting Ceremony, etc.
JDG:mab
,
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20 January 1994
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Chula Vista City Council -t-<
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276 4th Avenue 00 ~.. T
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Chula Vista, California 92010 !;~ (') 0
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Dear Council Members, _'.~L"'" N 0
C-:-.-f J::;
This issue transcends political boundaries. p.,> -,.
Your rapid and
decisive actions are essential to prevent a travesty for
California.
There are conflicting Navy actions that place San Diego's
megacenter status at risk by eroding the available facilities at
the Grace Murray Hopper Service Center. There are alternatives
available for implementation of the Navy's West Coast Realignment
Project without impact to our ability to perform as a megacenter.
The success of both missions can be guaranteed if one of these
other alternatives is implemented. The attached letters to
Mr. Duncan Hunter and a recent press release provide detailed
information.
We ask you to intercede on our behalf to ensure our
retention of megacenter status. The current congressional
inquiry addresses the limited issues of BRAC 93. However, it
overlooks the opportunity to act today for the future of
California.
Due to the on-going conflict, the Defense Information
Service Agency (DrSA) is preparing an alternative plan which will
transfer our data processing workload to Gunther Air Force Base
in Alabama. DISA will not battle the Navy. YOU CAN.
While we do not discount the tremendous value of the West
Coast Realignment Project to the Navy, California does not stand
to gain or lose from its implementation. Loss of megacenter
status and eventual closure of this data processinq center could
impact local and state economies by as much as $75M annually.
Your influence will prevent the loss of high tech jobs today
and cement the surety of gaining more in future consolidations.
c": f§:lif(;) WRlnEN COMMUNICA TIO:i~S
~ itJ9j
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Thank you in advance for your efforts. Please feel free to
contact us at any time.
Sincerely,
~d~
Ilona H. Harpe
795 Paulsen Avenue
El Cajon, California 92020
(619) 588-7185
~{}£X~ ~JcA,~
Joanne V. Loth
3320 Mandy Lane 5229 Mt. Alifan Road
Spring Valley, California 91977 San Diego, California 92117
(619) 466-5379 (619) 279-4533
~æ~ ß~£~
Doug J nston
10072 Rancho Capitan 13056 Trail Dust Avenue
Lakeside, California 92040 San Diego, California 92129
(619) 561-3282 (619) 538-2288
~r2-
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September 27, 1993
" t
Congressman Duncan Hunter
366 South Pierce street
El Cajon, California 92020
Dear Representative Hunter,
On August 3, 1993, I met with Mr. Cal Willahan to discuss some concerns
that needed to be brought to your attention. Enclosed is a letter from the
Defense Information Systems Agency dated August 30, 1993. This letter requests
current plans for our facility and clearly identifies the impact of diverting
available resources. We will lose our tenuous mega center status.
Result - A substantial loss to San Diego. The Grace Murray Hopper Service
Center will not survive the next round of the BRAC commission.
This facility was uniquely designed to provide high technology data
processing services and has been identified as a valuable resource for DoD
consolidations. certain factions of the Navy are disregarding this higher
purpose and usurping these resources in an underhanded and illegal manner.
These actions are waste, fraud and abuse.
Your immediate intervention is requested to keep San Diego on the map as
a mega center for the West Coast.
Thank you for your efforts and time. Please feel free to contact me for
further details or clarification on any of the issues. I can be reached during
the day at (619)545-8590 and during the evenings at (619)588-7185.
..-
Sincerely Yours,
¡,)¿íf{a /Jdt<xp:-J
Ilona H. Harpe
795 Paulsen Avenue
El Cajon, California 92020
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J 119 I4J OO~ .
- .
DEFENSE INFORMATION SYSTEMS AGENCY
DEFENSE INFORMATION TECHNOI.OGY SERVICI:S ORGANIZATION
6160 Eo IRVINGTON PlACI:
DENVER. COlOflAl)O 80279-1000 .. "
IN AI"""
RE"_TD:
NIse -. 30 August 1993
ME."'10RAND1JM FOR COMMANDER, NAVY INFORMATION SYSTEMS MANAGEMENT
CENTER
.
SUBJECT : San Diego Megacenter
L Recent deliberations of the Base Realignment and Closure
(BRAC) Commission have concluded with a recommendation that
16 Depa~ment of Defense Information Processing Centers (IPCs)
should be designated as megacenters. The megacenter designa-
tion means that the 16 IPCs will serve as the consolidation
points for the hundreds of IPCs which are recommended for
closure in the Military Departments' Defense Management
Review Decision (DMRD) 924 consolidation plans and the 1993
BRAC cycle. The BRAC recommendations are expected to become .
law as early as the end of September 1993.
'.
-
2. Among the designated megace.nters is the Grace Hopper Center
operated by the Naval Computer and Telecommunications Station . ~
in San Diego, Califo=ia. Under the workload consolidation ~
rules being developed by the Defense Information Services
Organization's (DISO'a) megacenter planners. the first priority
consideration is keeping migrating wOrkloads in IPCB that were
transferred from the same Service. Under this plan. the Grace
Hopper Center will be the host site for workloads Daing shifted
from the West Coast Navy ¡PCS which are scheàuled to close.
3. Megacenters have been selected largely on the basis of the
quantity and qual.ity of their facilities.. Grace Hopper Center ' I
,
facilities are currently being diverted to other uses. The
megacenter ccmpet.ition was extremely close and any erosion of
the Grace HOpper Center's available facilities will certainly
lead to it's loss of megacenter status in the next BRAe cycle
and even~ual closure as an operating IPC.
4 " The Ð1.~ megacenter plans do not depend on the availability
of the Grace Hopper Center to succeed.~ver, current plans
for this facility are needêd to d~ ontinued feasibility
as a megacenter.. , (. ."
r". i '-.../1 .
\ t/Ól! (J~! rtfr-
. ~V!D G:/~ .
Actin¡y-Director .
, -. Navÿ' Information Service Center
Copy to: S¡-r
DISC (UA7 tIM) ;¡t:
. -
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August 3, 1993
,.
Congressman Duncan Hunter
366 South Pierce Street
E1 Cajon, California 92020
Dear Representative Hunter,
I am seeking your help to resolve a dilemma that has been plaguing me for
months. Your actions were pivotal in obtaining congressional approvals to build
the Grace Murray Hopper Service Center as a showcase for data processing at NAS
North Island. Something is happening to destroy all of this. Please see the
attached issues.
As a staff member to the head of the Data Processing Installation (DPI),
I have been involved with many actions that are now in conflict with our
mission. I am concerned that releasing this information may jeopardize my career
and therefore, need to request anonymity to the extent possible. In the event
that you should need to disclose your source, I must ask that you call me first
to discuss alternatives.
Please feel free to contact me for further details or clarification on any
of the issues. I can be reached during the day at (619)545-8590 and during the
evenings at (619)588-7185.
Sincerely Yours,
l!J¡¡,,>ZR ¡J;la~~
~
Ilona H. Harpe
795 Paulsen Avenue
El Cajon, California 92020
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1. The Grace Murray Hopper Service Center, named in honor of the retired Rear
Admiral, was designed and built to house the Navy Regional Data Automation
Center (NARDAC). The facility was designed to provide reliable, accurabe,
tLmely and economical data processing services.
Optimum flexibility was considered in the design of the Grace Murray Hopper
Service Center in anticipation of 'future advancements in computer technology.
Conceptually, the design considered four requirements: Flexibility, Security,
Operational and Energy Efficiency, and Growth Capability. Its innovative
features include a state-of-the-art local area network, cost saving
cogeneration power plant, modern well-equipped training labs and programmed
expansion capacity to allow NARDAC San Diego to continue to provide quality,
professional services into the next century.
This is not going to happen.
2. An effort is underway to reallocate a large portion of our computer
resources to build an Automated Technical Control Facility (ATCF). Although
this title sounds enchanting, the ATCF is in essence a switching station.
I feel that this is inappropriate for the following reasons:
o San Diego has been designated as a mega port for the Navy. The Grace
Hurray Hopper Service Center has been designated as a mega center for data
processing. The grand design is to consolidate workload into regional data
processing centers. The side benefit is to retain and possibly create more
jobs for San Diego.
o Admiral Tuttle and Captain Lawton appear to be driving the ATCF
project based on their own agenda with a total disregard for Navy and DoD
plans. They have been quoted to say that DoD can have the data processing
functions but can move them elsewhere. This would result in a significant
loss to San Diego. ~
o The stockton site is perfectly capable of accommodating the
proposed ATCF plan without incurring major costs. Yet, $2 million dollars has
already been allocated for the relocation. Total costs are estimated at $3.4
million dollars. To make matters worse, the resources currently being
reallocated will not be sufficient to accommodate further plans.
o The facility modification is being performed in a disjointed, non-
specific manner and without the benefit of a detailed Plan of Action and
Milestones (POA&M). There has been a total disregard for the concerns being
voiced by Data Processing Installation (DPI) technical personnel and numerous I
requests to postpone construction until a detailed POA&M can be completed have
been ignored.
o The modifications being performed will interfere with our ability to
execute planned workload consolidations. Though floor space is an issue, the
major area of concern is power. The facility is equipped with two 500 KVA and
one 750 KVA Uninterruptible Power Supply (UPS) systems. The total capacity of
these systems is required for planned technological advances and consolidation
efforts. Plans are to reallocate the largest of these systems to the ATCF.
o The Base Electronics System Engineering Plan (BESEP) states that
radiation hazards will be a problem on the roof of the facility due to the
planned antenna installation. Electromagnetic radiation has been proven to be
a hazard to personnel, fuels, and ordnance. Does this not require that an
environmental impact study be done prior to execution of this plan?
o The ATCF project gives no consideration to supporting consolidation
efforts and will impact the DPI's ability to perform in this capacity.
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0 The final issue is funding. Though our commands merged in FY9l, we
have never merged funding authorities. The NARDAC side of the house is
o~rating with Defense Business Operating Funds (DBOF) and the NAVCOMSTA side
of the house is operating under Appropriated Funding (OM,&N). This building
was equipped with furnishings and equipment paid for by DBOF funds which in
turn have been charged back to NARDAC customers. The third UPS system was
installed and paid for by DBOF funds in FY9l to support planned technological
advances as well as consolidation efforts. The plan to reallocate this system
to the OM,&N side of the house appears to be a misappropriation of funds.
3. This building was designed to be the Navy's prototype model for new NARDAC
facilities and has functioned very successfully in this capacity. Any plan
that impacts the DPI's ability to perform its mission is a disgrace and
results in a waste of tax payers' money.
.
4. The method of operation so far has been to get the ATCF constructed and
packed full of equipment as soon as possible and at all costs; the presumption
being that possession is nine tenths of the law. The Grace Murray Hopper
Service Center has been targeted to become a data processing mega center and
must preserve its facility resources or risk being replaced by an activity
that is more cooperative with DOD needs.
5. I understand that without your assistance and support during the M1LCON
effort, the Grace Murray Hopper Service Center would not exista For these
reasons, I respectfully request that you intervene in our behalf.
or
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At North Island, a" big battle overi. big building;
Dala center is afraid
it cm.dd be ousted in '95
"RONALDW.POWELI. "An official Navy inquiry
-Thew-G___M'_ H 50· Ce is under way that could
.......... yu...y opper rvIce 0-
ter. a massive buiJding tha, covers abont take as long as eight
half a citJ.block. is in the middle of a tug of
war at North Island Naval Air Station. weeks to complete"
At one end is the Data Processing Instal- .
IaOOn, the original tenant in the building CAL WlUAHAN
when it opened in November 1987. It is SøiørøûútDU.S.Rtþ.lhmCtu.R
manned by about 200 civilians. who say the . U1ftn'
building was expressly built for their unit's
use.
At the other end is the Naval Conununi-
catio~ Station. which ~rovides satelli~e the oommunication's bud t -d u..~.:.
and high. frequency shijrto-shore radio wboservesasdesi ge, S3J. U.<LLy<õ".
comm~tions ~or the fleet. The gr,?up, the data ~~e:u;;.o;'~wo~f~
comprised of semce personnel, moved mto tha of the . con en
. . tb 1...:1.1:_ . 1990 d .ti. 1..._ t use power source by the com-
. e UU-ilU1U~ man, en cs say, WlS munic:ations station is unlawful
been gobbling up space like the Pac-Man of The communications unit is· planning to
computer games.. LftmoTribuMllDlKOiL8AUER install antennas on the roof of the buildin
TJ.1ere are also fears .that. ~~ ~ta pro- Turfwar: Data center says communications unit is overlakingits space. without an environmental impact studyg
cessmg center - and Its cvilian Jobs _ u~~· '
will be lost in 1995 when the next rOW1d of ~-........ says, ~g ~t the Base Electron-
military base closures is considered mak~ ... .. 1CS System ~~g.Plan states that
ing it one more blow to S D· ,'. d Command 111 Washington, S.a1d the allega- cert.ain.ly lead to its loss of megacenter electromagnetic radiabon hazards may re-
trial m lex an lego s 111 us- tions will be fully investigated. He added status in the next (base realignment and suit from instaDation of the antemias.
No~e &o~ the conDict has reached the that. if it .is proved that the co~unications closure:) ~e and ~y ~ as ~ ¥ditio~, Harpe says, the communi-
office of US R Dun H t REI statIon IS wùawfully occupymg space or operatmg informatIon processmgcenter. cations stationsbowed a lack of regard for
CaJO. n who\':- _e.!::ed th=N un, e!, -ti. violating other rules, the problems will be The two-story, 137,OOQ-squ.are-foot the delicate computers in the data process-, .-
, IJ,4:>.iI:i!L e avy 01l1ves - 'd buildin boil' f . .~. d . . . . ,~
te An official Na in . . corree e . g was t SIX years ago at a cost 0 m~ ~n unng construction mSlde the I·
~at 'could take as (' g q~ ~tW1d~~y "7he final resolution of action will opti- about $15 million. It is named for the late building.. Dust flew daily as workers sanded ::
complete said Ca1 W~~el w~ 'd 0 mire Navy savings and also will comply Rear Adm. Grace Murray Hopper, who is and ground materials near the computers, r:
to Hunte' , a senIor at e with the use and designation of the Grace considered the grandmother of Navy data she said. . !:
Se r. O'B Murray Hopper Service Center as a mega- processing, said nona Harpe, assistant to -All you need is one speck. of dust in I,
Naval Cu::n te°yle'/Tsrkesman .forti the center," Q'Boyle said. the director of operations for the data pro- some of those disks and you can bring the ::
o pu ran eecommUDlca ons Last summer, the service center was cessingunìt wbolesystemcrashingdown,"Harpesaid.
selected by the Base Realignment and CIo- In 1990, the Naval Regional Data Center "As a taxpayer. I have a problem with that.
sure Commission as one of 16 megacenters and the Naval Communications Station. This bas been a crazy project."
for the Navy's data processing. The mega· San Diego. merged under the roof of the Repeated attempts to reach officials
Lab centers became collection centers for Hopper center to become the Navy Com- from the communications station were un- ¡.
scores of Departmentof Deiense Iniorma- puter and Telecommunications Station. successful. Navy officials in Washington ::
rion Processing Centers that were shut San Diego. Tbe Department of the Navy declined comment on the specific allega- I·
Space science, robotics' down as part of the military's closure and ordered the consolidation of West Coast nons pending completion of the investiga- t
replace shop class consolidation program to save ~ dollars. con:m~.~ti~ns divisions as part of a cost- non.' ..): \
In a letter to Navy brass, DaVid G. E~·er· savmg UUU3bve. Harpe and others at the data proceSSlllg'
. ett, acting director of the Navy Information Harpe says that since the communica- W1Ît say the Navy has several other places ¡
Continued from B-1 Service Center, predicted a gloomy future tions station began moving ioto the center where the communications group couId be (
for the Grace Hopper Center's status as a in 1990, it has taken over about 4,000 relocated, thereby possibly saving the ::
said. Mar Vista joins several other schools megacenter. In 1995, the Base Realign- square feet of space, constructing a "bui1d~ Grace Murray Hopper Service Center and !:
in the county that have opened high-tech ment and Closure Commission is expected ing ~~ a building" at a cost of more than its nearly ~OO civi!ian jobs. . ¡.
labs including Hilltop and Bonita Vista to cut the number of megacenters from 16 $3 million. ~e options. said Harpe. mclude a Navy
middle schools in the South Bay to nine. She says the communications station is building at the foot of B,roadway in down- :
Montgomery Junior High Sch~l also has "Megacenters have been selected large- also tapping into a data processing power town San Diego, a buIlding on the sprawl- ¡
one. Iy on the basis of the quantity and quality of source - designed as a backup electricity ing North Island ~a~ AU: S?tion and a "
The tech lab has taken the place of their facilities," ~,,:e.rett wrote. "Grace ~t for millions of dollars. in data proce~ naval telecOmnlmucations SIte 111 Stockton. 1
woodshop as the elective course of choice ~op~er Center facilities are currentJy be· mg. computers - to run Its telecommuru·
at most of the schools. So instead of learn. mg diverted to other uses. .. catIOns systems. . .
ing how to handle buzz saws and drill pre- "The megacenter competItIon was ex- The- power svurce was Installed m 1990 T
sses, they get to study robotics and engi- tremely close ~d any 7rosion of.~~ Gra~e with $693,.OO~ from the ~ta processing COItKECTJONS
oeering. This suits some students just fine. Hopper Center s avatlable facilitIes will budget. which IS completely ~parat~ from
"I. think !t is p~tty fun," seventh-~ader A caption with a picture yesterday of
RO~1D Prui.tt S.a1d as she fiddled. WIth an pupils from Paul Jones Elementary School
oscilloscope. "'Some of the stuff IS pretty R bb Brooks and Williams 'Hill be seat to the aboard thedestroyer]ohn PauI]ones incor·
hard,..but you can always rewind the video- 0 ' ery California Youth Authority for diagnostic recUy id~ntified those in. the .photograph.
tape. " . testing to det~e if they are fit to be The caption should have Identified the boy
:'he students ttork U1 groups?f two and 2 teens lead !!U.ilty in holdu housed with other juvenile offendt:rs. If as Sco~t Lir:deen and sholll~ have said he
!}1r_es ~~~ are, 0~r5~~ b~?~ ~truc~~r. ....!' '?.. ......1~... ......."...~,.,...,. .,'hn^+,,"'" p oo~'. theywiU go to state prison. ~~~ be~g g¡~~n ~ tour by his tutor, Petty
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V e~~esday, January 19, 1994"':' . '&".;'i~HE SAN DIEGO ;NI~;'- TÌÚB'¡¡NE . .'. ;
. . . - ":- . - -f -- - -.. ,I I
I Navy cutbacks in fleet, facilities \:1
could mean another blow to state I Ii
. I I
__ . I I
ByOTTOKREISHE;¡ marines and' will disband 39 more: II
Copley News Service aviation squadrons over the next ¡ II
,WASHINGTON _ The Navy five.1'ears,hesai~. Thatwould~m I "
will continue to retire ships and addition to 65 ships. 13 submannes I I
aircraft at record levels over the and 35 squadrons scheduled for de- I
next several years, and will seek to commissioning this year, I ¡. "r
shut nearly as many facilities m a The Navy also will need another: ì
1995 base-dosing round as it did major base-cIosing round, which !
last year. Aàm. Frank Kelso said would focus on maintenance depots \
yesterday. and research laboratories m addi- I
Those plans carry the threat of tion to operating and training bas- ¡ 1
another major blow to California. es, Kelso saId; The Navy. also will ~ '.
where the aviation-rework depot at look to consolidatIng trammg, test-·/ f
the North Isiand Naval._<lli Station,' mg and other functions with the: :
research laboratories in San Diego. other services, he said. :'
the Long Beach Naval Shipyard and Kelso's statements reinforced: :i i
Navytestfacilities at El Centrn and earlier warnings that the Navy :
China Lake cnuld be at risk. would have to cut at least one more .
The continuing deep reductions shipyard. ¡
are part of a five-year effort to cut . FLE PHOTO That means the Long Beach ship- ·
$3.5 billion from the Navy's operat- Adm. fr:mk Kelso yard aImostly surely will be under I I
ing accounts _ freeing up funds to scrutiny, as it was by the last two \
buy the next generation of aircraft. base-closure commissions.' I
ships and submarines needed for amphibious ships, now designated Navy officia1s have indicated they
the future. LX. It also wants to buy the new, would·. end up with only two ship- .
, .'.5 p~ cf Thot ~f£"rt to "!mprove larger vers~on of the FA-IS attack yards for eac!' side of the cQIIII~. !
I the Navy even as we reouce It: ngilœr ana th~ V-Z~ "tJltrotor" This would pIt Long Beach agamst
Keiso told reporters the Navy has troop carrier tn replace aging Ma- Bremerton, W¡¡sn.. which is larger.
asked for $1.5 billion to buy a third tine helicopters. and to develop the and newer, and Pearl,Harbor, Ha- I I
Seawolf class attack submarine ånd joint-strike aircraft concept with waü, which may have a better s~-'1 _.
more than $2 billion for another the Air Force. he said. tegiclocation. :.íl" .. '.. . ";'j'
,,:uciear-~wered aircraft <=?er in e To do ~t. the Navy will have to A reduction of depots' also c~~d
I me n,:w d~eru;e Oaug~L, ¡ú ~ :z· "nd ~2 ~:llio" " y~:!! to ~¡n~ '!ew threaten the N:?~ Isrand facility, I
. .__...... -::,..'" _"".. 'Y'I.....n.... ~h."'ht111dmg beyond 1999 ana;:tl - men -.. stud1éÜ ,__... ........ "I."rI a .
J---" _.~ ...... .. . . -,.- .- ,-. -. ,
The Navy wants to þuy three of billion more eaci1 Y~aJ: lot ¡¡êW öi; ~~æd;;i"ti~" of t",n.."!<: r:!!! ¡es and' ~ .
the DOG-51 class of guided-missile cr:út, Kelso said. .._ facilities iIJUId mean that El Centro.' ,
:.-~:c<_','~o'''^,''-~c,_:, - ðt!:su.u,a3 every. year this decade _._ ~o that end, the Navy QIans tn ' and C~ Lake will he studied for, 1
=~___ ..-'--._. .,"_." ài1û'~tiui!í!inJ;:"'!1ew-<:Iass:af-..RtJre.6&'aurfa¡:e. .mpsand.~9.sub- the first tune. .'- .-
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THE MUSIC MACHINE
BONITA VISTA HIGH SCHOOL
751 OTAY LAKES ROAD .JAN '2 ,4 )99,1
CHULA VISTA, CA 91913 . ¥.¡'~ QJ;-~~;J"~ t
January 1994 (")~'¡lIU\ ~ri1:iL
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City Council of Chula Vista nO . 'T
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276 4th Avenue m("")
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Chula Vista, CA 91910 :::O:c:: <
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We need your help! "<: OD C
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The Bonita Vista High School's Music Machine has been invited to perform at the first International
Show Choir Festival in the Netherlands and at Euro Disney. They will be traveling in Europe during the
period of March 23 through April 2, 1994. The Music Machine will be one of only two groups
representing the United States and will be the sole representative for the entire Western United States.
The Music Machine has established itself as being a performing group of the highest caliber. This
group has received over 127 top awards and 92 first place honors in its 17-year history. They have
performed on local and national television and have performed at the Kennedy Center in Washington,
D.C., at the White House, and in Europe. They were the first American high school group to be invited
and to perform in China. They have competed twice in festivals at Walt Disney World and placed
second and fourth.
These 40 students along with their director, Ron Bolles, have worked many long, hard hours to achieve
this level of superiority. The students are committed with the support and assistance of parents,
friends, and the community to raise the estimated $70,000 to carry their heritage of excellence to
Amsterdam and Paris. However, these eager students are limited in how much they can earn through
fund-raisers. Your assistance and financial support will enable them to reach their goal. Your
contribution or donation can help a "dream come true" for a dedicated group of young people who have
this extraordinary opportunity to represent their community and state in this prestigious festival and
performance. The Music Machine is not looking for a handout, just a hand. Enclosed is specific
information regarding ways you can assist these young people in reaching their goal. All donations are
tax deductible.
The students in Music Machine know all about initiative, perseverance, and hard work. They are
successful because they work so hard.
With your help, these kids wiff achieve this golden opportunity to show what is right about
young Americans. Your response on or before February 15,1994 will be greatly appreciated.
Thank you for your support.
---k~~~~~' WRITTEN COMMUtllCA TION5
Terry ~s, B~r Club President þ< ¥8j/;!
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mE nus1C nACH1.NE
DONATION CA'JE60ll'J,t:8
THE BONITA VISTA HIGH SCHOOL MUSIC MACHINE BOOSTER CLUB IS A NON-PROFIT ORGANIZATION.
DONATIONS OF ANY TYPE AND QUANTITY ARE GREATLY APPRECIATED.
CONTRIBUTOR WITH A DONATION OF $25 - $99, YOUR NAME, OR THAT OF YOUR BUSINESS OR
ORGANIZATION WILL APPEAR IN OUR SHOW PROGRAMS THROUGHOUT THE
YEAR.
DONOR WITH A DONATION OF $100 - $499, IN ADDITION TO THE ABOVE, YOU WILL RECEIVE
FOUR COMPLIMENTARY TICKETS TO A SPRING CONCERT HELD AT THE SCHOOL.
SPONSOR WITH A DONATION OF $500 - $999, IN ADDITION TO THE ABOVE, YOU WILL RECEIVE
FOUR COMPLIMENTARY TICKETS TO ALL CONCERTS FOR THE REMAINDER OF
THE CALENDAR YEAR.
PATRON WITH A DONATION OF $1000 - $4999, IN ADDITION TO ALL OF THE ABOVE, YOU
WILL RECEIVE A BEAUTIFUL PLAQUE OF APPRECIATION.
BENEFACTOR WITH A DONATION OF $5000 OR MORE, IN ADDITION TO ALL OF THE ABOVE, YOU
WILL RECEIVE TWO PERSONALIZED, BEAUTIFULLY EMBROIDERED MUSIC
MACHINE HERITAGE OF EXCELLENCE JACKETS.
PLEASE MAKE CHECKS PAYABLE TO MUSIC MACHINE BOOSTERS AND SEND TO:
MUSIC MACHINE BOOSTERS
ATTN: Ron Bolles
751 Otay Lakes Road
Chula Vista, CA 91913
IF YOU HAVE ANY QUESTIONS, OR WOULD PREFER TO DONATE A GIFT, PRODUCT, AND/OR SERVICE,
PLEASE CONTACT ONE OF THE FOLLOWING:
TERRY MYERS CRIS FERGUSON RON BOLLES
BOOSTER CLUB PRESIDENT FUND-RAISING CHAIRWOMAN DIRECTOR
421-1420 475-1468 421-9730
THANK YOU VERY MUCH FOR YOUR SUPPORT!
5/Jõ2
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ORDINANCE NO. :25'%'[5 ~.:ß;¿~
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AN ORDINANCE OF THE· CITY OF CHULA A
REPEALING SECTION 5.26.220 OF THE ~ STA
MUNICIPAL CODE RELATING TO FEMALE ENDERS
,?"v0
SECTION I: That Section 5.26.220 of the Chula vista Municipal
Code is hereby repealed.
SECTION II: This ordinance shall take effect and be in full
force on the thir 'eth day from and after its adoption.
ruce M.
c: \0,.\526220
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CITY COUNCIL AGENDA STATEMENT
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, ~.V ~ ITEM t:.
;YP\~\> MEETING DATE' ~:Vo/'t
~. .;¡ 5"¥'r
ITEM TITLE' ord~e N . Repealing Section 5.26.220 of /the Chula Vista
~~ ;'~?5ciPal Code relating to Fe~¡.le Bartenders
SUBMI'l"rED BY. City Attor ¡~ /'
Vot., Yes_No X
The proposed ordinance will re al an ob.olete and unc stitutional provision of
the Municipal Code preventing bart ders.
DISCUSSION.
It has come to this office'. at ntion that the Municipal Code contains a
provision making it unlawful for owner. 0 operators of premises selling
alcoholic beverages to employ women barten rs. (Chula vista Municipal Code
55.26.220). Such a provision has be det ined to be unconstitutional since
at least 1971 when the California Supr me ourt decided the case of Sail'er Inn.
Inc. v. Kirbv (1971) 5 C.3d 1, strikin own a similar state statute.
Accordingly, it is recommended tha~ ~ il repeal the offending provision and
eliminate it from the Municipal COd¡v.
KECOMMERDATION. Place the ordin,rlce on F~ .t Reading
BOARDS/COMMISSION ACTION, No0ppliCable
FISCAL IMPACT' None /
c, ,.11"'''220 / \
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COUNCI:L AGENDA STATEMENT
Item ~
Meeting Date ~/ ~ 1j/
ITEM TITLE: Resolution /7J[JJ Authorizing the purchase of
Police patrol vehicles on cooperative bid. ~
SUBMI:TTED BY: Interim Finance Administrator ,s'n 1r 1/
t~ .
RBVI:B1I'ED BY: city Manager 0111. (4/5THS Vote: Yes_No-L)
The FY93-94 budget provides for the purchase of thirteen (13)
Police patrol vehicles. council Resolution No. 6132 authorizes the
City to participate in a cooperative bid with other governmental
agencies. The city is able to obtain the vehicles via the City of
San Diego Bid No. C4079/94, Resolution No. 283262 adopted on
January 18, 1994.
RECOMMENDATI:ON: That Council adopt the resolution authorizing
the purchase from Bob Baker Ford.
BOARDS . COMMI:SSI:ON RECOMMBNDATI:ON: Not applicable
DI:SCUSSI:ON:
The Equipment Replacement Fund provides for the replacement of
thirteen vehicles. For each vehicle purchased, one vehicle will be
removed from service and sold at auction. Monies from the auction
will be placed in the Equipment Replacement Fund.
The successful bidder on the city of San Diego bid was Bob Baker
Ford. The Ford and Chevrolet dealers in Chula vista were mailed
bid documents but did not respond to the San Diego Bid.
In previous years, Chula vista participated in the State of
California bid. This year the San Diego bid received a lower price
on patrol vehicles. The bid specifications cover all of the city's
requirements, therefore the Fleet Manager and Chief of Police
recommended the purchase from Bob Baker Ford. The purchase cost
per vehicle is $14,891.05 including taxes.
FISCAL IMPACT:
Sufficient funds are provided for in the Equipment Replacement
Fund. The budget provided $228,280. Purchase cost will be
$193,583.65.
AI131PD
7-/
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RESOLUTION NO. 17373
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF POLICE
PATROL VEHICLES VIA A COOPERATIVE BID
WHEREAS, the FY93-94 budget provides for the purchase of
thirteen (13) Police patrol vehicles; and
WHEREAS, Chula vista Municipal Code section 2.56.270
authorizes the City to participate in a cooperative bid with other
governmental agencies; and
WHEREAS, the city is able to obtain the vehicles via the
City of San Diego Bid No. C4079/94, Resolution No. 283262 adopted
on January 18, 1994; and
WHEREAS, the successful bidder on the City of San Diego
bid was Bob Baker Ford with the purchase cost per vehicle being
$14,891.05, including taxes.
WHEREAS, the Police Department has reviewed the
specificatibns and finds them acceptable for their operation; and
WHEREAS, sufficient funds are provided for in the
Emergency Equipment Replacement Fund for the purchase of the
thirteen vehicles.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby authorize the purchase of
thirteen Police Patrol vehicles via the City of San Diego Bid No.
C4079/79 for a total -cost of $193,583.65.
Presented by AP1::J f by f)
0
!-
Susan Merrill, Interim Bruce M. Boogaard, C ty
Finance Administrator Attorney
C:\rs\coopcar.bid
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COUNCIL AGENDA STATEMENT ?5
Item
Meeting Date j/1'9¢
~
ITEM TITLE: Resolution /;7~~~ Accepting ~ids and awarding
contract for Turf Mower.
SUBMITTED BY: Interim Finance Administrator "5~
~¡V1\'
REVIEWED BY: City Manage {., (4/5THS Vote: Yes_No..lL)
Bids were received and opened at 10:00 A.M. on January 24, 1994 for
the purchase of one Turf Mower approved in FY93-94 budget. The
mower will be used by the Parks Division.
RECOMMENDATION: That Council accept the bids and award the
contract to San Diego Turf.
BOARDS , COMMISSION RECOMMENDATION: Not applicable
DISCUSSION:
Bids were advertised and mailed to four prospective vendors with
the following bids received:
BIDDER UNIT PRICE SALES TAX AMOUNT
San Diego Turf 26,900.00 2,084.75 28.984.75
San Diego
Western Turf 28,625.00 2,218.44 30,843.44
Escondido
C.R. Jaeschke Inc. 28,880.00 2,238.20 31,118.20
San Diego
The low bid of San Diego Turf meets specifications and is
acceptable to the Parks Division staff. The Director of Parks and
Recreation recommends the purchase.
PISCAL IMPACT:
The budget provides $30,000 in the Park Maintenance budget. The
purchase cost will be $28,984.75.
TURF,MOW
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RESOLUTION NO. 173;/1/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR TURF MOWER
WHEREAS, a~ 10:00 a.m. on January 24, 1994, in the office
of the Purchasing Agent, the Purchasing Agent received bids for the
purchase of one Turf Mower to be used by the Parks Division; and
WHEREAS, three bids were submitted for Item 1 as follows:
Bidder unit Price Sales Tax Amount
San Diego Turf $29,900.00 $2,084.75 $28,984.75
San Diego
Western Turf $28,625.00 $2,218.44 $30,843.44
Escondido
C.R. Jaeschke, Inc. $28,880.00 $2,238.20 $31,118.20
San Diego
WHEREAS, the low bid of San Diego Turf meets
specifications and is acceptable to the Park Division staff and the
Director of Parks and Recreation recommends the purchase.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby accept said three bids and does
hereby award the contract for a Turf Mower to San Diego Turf in the
amount of $28,984.75, who has assured the City they are a licensed
contractor who can produce a performance bond in the State of
California.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and dire~ to execute
said contract for and on behalf of the City of Chu a ista.
Pre"~ted by AP~l þrm J
Su".n Merri", Interim ~u,e M. Boog..rd,
Finance Administrator Attorney
C:\RS\turfmow.bid
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comrCIL AGBllDA STATEMBNT
Item <1
Meeting Date ~/ ð'J9Y
---
ITEM TITLB: Resolution /7.3 7..!J Accepting bids and awarding
contract for three traffic signal controllers. t1Í
SUBMITTBD BY: Interim Finance Administrator ,gn
ci ty Manager 1:J l.
REVIEWBD BY: (4/5THS Vote: Yes___No~)
Bids were received and opened at 11:00 A.M. on January 24, 1994 for
the purchase of three traffic signal controllers. The controllers
will be used at various locations in the city.
RBCOMMBNDATION: That Council accept the bids and award the
contract to John C. Henberger Company.
BOARDS , COMMISSION RBCOMMBllDATION: Not applicable
DISCUSSION:
Bids were advertised and mailed to two prospective vendors with the
following bids received:
BIDDER LOT PRICB
John C. Henberger Company 837.571.00
San Diego, CA
synchronex 40,319.27
Claremont, CA
Bids were requested on the traffic signal controllers and testing
by a qualified independent testing laboratory to conform to
Caltrans Standard Specifications section 86-2.14A and section 86-
3.05. All controllers ordered in California must meet Caltrans
specifications. The two bidders represent the only manufacturers
of Caltrans approved controllers. The lot price was to cover unit
price, sales tax and testing.
The low bidder, John C. Henberger Company, meets specifications and
is acceptable. The Traffic Engineer recommends the purchase.
FISCAL IMPACT:
The purchase cost will be $37,571.00. Funds are provided for in
the following accounts:
1- 400-4000-5410 - otay Valley Rd and Oleandor Cash Bond
Deposit
2. 600-6005-TF154 - otay Lakes Rd/Gotham Traffic Signal
3. 100-1431-5361 - Knock down replacement - 5th Ave and L Street
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RESOLUTION NO. /73YS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THREE TRAFFIC SIGNAL CONTROLLERS
WHEREAS, the following two bids were received and opened
at 11:00 a.m. on January 24, 1994 for the purchase of three traffic
controllers:
Bidder Lot Price
John C. Henberger Company $37,571.00
San Diego, Ca.
Synchronex $40,319.27
Claremont, Ca.
WHEREAS, the low bidder, John C. Henberger Company, meets
specifications and is acceptable and the Traffic Engineer
recommends the purchase.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby accept the two bids and award
the contract for three traffic signal controllers to John C.
Henberger Company in the amount of $37,571.00, who has assured the
City he is a licensed vendor and can produce an acceptable
performance bond.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula sta.
Presented by APt:t by
J
Susan Merrill, Interim Bruce M. Boogaar , city
Finance Administrator Attorney
C:\rs\signal.bid
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COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 2/8/94
ITEM TITLE: PUBLIC HEARING: DRC-94-lO, Appeal from the Planning Commission
decision to approve the site plan and architecture for the construction of
51 single-family homes in neighborhood 1561 (Bayona) within the Rancho
Del Rey Planned Community-Kaufman and Broad
RESOLUTION 1'1 =. ~<.. Denying the appeal and thereby affmning the
decision of the Planning Commission to approve the site plan and
architecture for the construction of 51 single-family homes in
Ncighborlmod 1561 f?f; "'""'" Dcl "'" PbmnoI Com=ûty.
SUBMITTED BY: Director of PI~ng 'r r ~~ ~(fðv
REVIEWED BY: City ManagerkJ{t. (4/Sths Vote: Yes_No.lO
The applicant, Kaufman and Broad, is requesting site plan and architectural approval for the
construction of 51 homes on the undeveloped portion of the Bayona neighborhood located within
the Rancho Del Rey Planned Community (see locator).
Site plan and architectural review for single family development, where required, is normally
undertaken by the Zoning Administrator. In this case, the matter was referred directly to the
Planning Commission because of the level of neighborhood concern.
On January 26, 1994, the Planning Commission voted 4-3 to approve the proposal. Anticipating
a possible appeal by the neighbors, however, and not wanting to delay the project any more than
necessary, Kaufman and Broad have themselves appealed the matter to the City Council.
The Environmental Review Coordinator has determined that the existing Environmental Impact
Reports provide an adequate environmental analysis, and, therefore, the project is categorically
exempt from further environmental review.
RECOMMENDATION:
That Council adopt the resolution denying the appeal and thereby approving the site plan and
architecture for the 51 remaining lots in Bayona.
BOARDS/COMMISSIONS RECOMMENDATION:
On January 26, 1994, the Planning Commission voted 4-3 to approve the project in accordance
with Resolution No. DRC-94-lO, attached hereto. The three dissenting Commissioners (Martin,
10-1
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Page 2, Item \0
Meeting Date 2/8/94
Moot, Ray) indicated that the remaining undeveloped lots along Norella Street (which extends
from the existing Bayona homes, as opposed to the lots on Martos and Gredos which are
separately accessed off Rancho del Rey Parkway) should be developed in a manner which more
closely duplicates the existing dwellings.
DISCUSSION:
On August 3D, 1991, the 91-lot Bayona neighborhood received site plan and architectural
approval by the Zoning Administrator. Subsequently, 40 homes were constructed by McMillin
Communities. The 51 remaining lots are the subject matter of this application.
Kaufman and Broad purchased the remaining lots and in September 1993, they presented a
proposal to develop the remaining portion of Bayona with a new housing product. The new
homes feature well articulated facades and accent architectural treatments, as well as a well-
coordinated color and materials composition. However, these new homes are different from the
existing Bayona homes in design and color composition.
Based on these differences, the staff suggested that the developer meet with the existing Bayona
residents to introduce the new design prior to a Zoning Administrator decision on the project.
At the meeting, the residents raised two major issues: the architectural compatibility of the new
homes with the existing neighborhood, and the quality and price of the new homes in
relationship to their existing homes.
Subsequent to the meeting, the residents appeared in front of the City Council to express their
concern. They stated that the new homes needed to be architecturally compatible with their
existing homes in order to maintain the character and value of their neighborhood. As a result,
the Council directed staff to meet with the residents to acquaint them with the planning process,
including any appeal procedures.
Accordingly, a meeting was held with the Bayona residents on January 5, 1994. The staff, the
applicant (Kaufman and Broad), and representatives of McMillin Communities met with the
residents to determine if their concerns could be resolved to the satisfaction of all parties.
Kaufman and Broad presented revised drawings illustrating a number of refmements that they
believed would address the issues raised by the residents at the previous meeting and in earlier
written correspondence (please see attached correspondence). The proposed building
modifications included the deletion of decorative material, such as stone veneer and brick, and
an increase in the number of homes with a barrel-type roof tile instead of the use of a flat tile.
The residents welcomed the architectural changes, but indicated that the changes were
insufficient to resolve the substantial differences in the finish materials, landscaping, and interior
amenities between their homes and the new homes proposed by Kaufman and Broad. They
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Page 3, Item 10
Meeting Date 2/8/94
indicated that the differences in architectural treatment and quality of the finish product would
produce a distinctive change in neighborhood character and could result in a devaluation of their
property values.
The residents also indicated that before they could endorse the project, the stucco and roof color
scheme would need to be changed to harmonize with the existing neighborhood color theme, and
that individual home landscape design would need to be incorporated as part of the development
proposal as was done in the case of their existing neighborhood.
Based on these unresolved concerns, the Zoning Administrator forwarded the project to the
Planning Commission for public hearing.
D. ANALYSIS
The new housing design features similar articulation and architectural treatment, but has certain
features such as flat-tile rather than barrel tile roofs, front porches, slightly longer overhangs,
lattice work, and other minor differences which are not a part of the existing Bayona homes.
Another difference is the proposed color scheme. The existing residences use a pastel color
stucco with contrasting accent color fascias and trim and the garage doors and accents are
painted the same color. The proposed new product features compatible earth tones but the
garage doors are painted white on all models.
The Rancho Del Rey Design Guidelines suggest that architectural styles should not be mixed
within a single project (neighborhood) and that each parcel maintain internal consistency.
Although the proposed project is noticeably different, the architectural style is similar and, in
our opinion, compatible with the existing neighborhood.
In order to create a better transition between the two projects, however, it is recommended that
flat roof tile material be replaced with barrel tile for the first four lots on each side of the street
next to the existing homes, and that roof tile colors be carefully coordinated with the colors used
on the balance of the existing homes. In addition, one vacant lot exists at the comer of Elsa
Drive and Rancho Del Rey Parkway on which the applicant has agreed to duplicate the colors
and materials of the existing homes on Elsa Drive.
Additional conditions regarding varying setbacks, replacing a trellis feature used on one of the
plans, and requiring decks to be standard rather than optional on all three plans have been
recommended to further address compatibility. All of the conditions have been agreed to by the
applicant with the exception of condition "bOO in the resolution which requires the replacement
of the trellis feature with more compatible material. The applicant prefers to retain this trellis
feature, which is used on one of the three plans.
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Page 4, Item ID
Meeting Date 2/8/94
Based on the project plans and the recommended conditions of approval, staff fmds the project
to be appropriate for the site, and architecturally hannonious with the existing Bayona homes
and, therefore, in compliance with the site plan and architectural principles established in section
19.14.470 of the Chula Vista Municipal Code (attached) as well as the Rancho del Rey PC
District Regulations and Residential Design Guidelines.
For these reasons, staff recommends approval of the project based on the findings and subject
to the conditions listed in the attached City Council Resolution. As noted above, the three
Planning Commissioners who voted "no" on the project believed that the lots on Norella Street--
the ones most directly associated with the existing homes--should more closely duplicate the
design of the existing dwellings. However, the staff and a majority of the Commission believe
the project as conditioned is compatible with the existing homes.
FISCAL IMPACT: Not applicable.
(f:\home\planning\luis\drc-941O.113)
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CHULA VIST A PLANNING DEPARTMENT
Œ) APPLICANT: PROJECT DESCRIPTION:
BAYO~A SUBDMSON
ADDRESS: EI Rancho Del Rey Neighborhood 1561
SCALE: FILE NUMBER:
NORTH 1" = 400' DRC - 94 -10
10-5
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RESOLUTION NO. /738'tb
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A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
DENYING THE APPEAL THEREBY APPROVING THE SITE PLAN AND
ARCHITECTURE FOR THE CONSTRUCTION OF 51 SINGLE-FAMILY
HOMES IN NEIGHBORHOOD 1561 (BA YONA) WITHIN THE RANCHO
DEL REY PLANNED COMMUNITY
WHEREAS, a duly verified application for Zoning Administrator Site Plan and
Architectural Review was filed with the Planning Department of the City of Chula Vista on
September 24, 1993 by Kaufman and Broad; and,
WHEREAS, said application requested site plan and architectural approval for the
construction of 51 single family homes on the undeveloped portion of Neighborhood 1561
(Bayona) of the Rancho Del Rey Planned Community; and,
WHEREAS, the Environmental Review Coordinator has determined that the existing
Environmental Impact Reports provide an adequate environmental analysis and, therefore, the
project is categorically exempt from further environmental review; and,
WHEREAS, the Zoning Administrator considered the site plan and architecture for the
proposed development, but due to the concerns expressed by the residents of the area, and
pursuant to Chula Vista Municipal Code Section 19.14.050, the Zoning Administrator referred
this item to the Planning Commission; and,
WHEREAS, the Planning Commission held a noticed public hearing on January 26, 1994
and approved the project with conditions by vote of 4-3; and,
WHEREAS, an appeal from the decision of the Planning Commission was filed with the
City Clerk of the City of Chula Vista on January 27, 1994 by the applicant, Kaufman and Broad
pursuant to the urgency ordinance adopted January 25, 1994, Ordinance No. 2587; and,
WHEREAS, the City Clerk set the time and place for a hearing on said appeal and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the property and including all of the developed properties within Neighborhood
1561 at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6.00 p.m.
February 8, 1994 in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CHULA VISTA finds as follows:
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1. That the proposed development is in substantial compliance with the site
development regulations established in the Rancho Del Rey Planned Community
District Regulations and Residential Design Guidelines.
2. Based on the illustrations presented at the meeting, and as conditioned, the project
site plan and architectural prerequisites set forth in the Chula Vista Municipal
Code Section 19.14.470 have been satisfied.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL, therefore, denies the
appeal and thereby affirms the Planning Commission decision to conditionally approve the site
plan and architecture of the proposed Kaufman and Broad project subject to the following
conditions:
a. Lots 24-26 and 46-49 shall be developed with barrel tile-type roof in the
colors proposed which are similar to the ones used in the existing Bayona
homes.
b. The trellis featured on the base of the entry porch of plan I shall be
replaced with a material more compatible with the existing residences,
satisfactory to the Director of Planning.
c. Where an offset in the front yard building setback is proposed between
adjoining parcels it shall a minimum of five feet. No more than 3
buildings on adjoining parcels shall be constructed along the same setback
line.
d. A fencing program depicting the type of fences to be used along the
canyon edge and street frontage shall be submitted to tbe Director of
Planning for review and approval prior to issuance of a building permit.
e. The optional wood deck shall be a standard feature on all lots facing the
canyon or public right of way.
f. The comer Lot I at Esla Drive and Rancho Del Rey Parkway shall be
finished with colors and materials matching the existing homes on Esla
Drive.
Presented by ~t
Robert A. Leiter Bruce M. Boogaard
Director of Planning City Attorney
. (f:\bome\planning\luis\drc.94lO.ccr)
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PROOF OF PUBLICATION This space is for the County Clerk's Fi!ing Sta.mp
(2015.5 C.C.?)
.
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to Proof of Publication of:
or interested in the above-entitled matt.r. I
am the principal clerk of the printer of the Notice
CHULA VISTA STAR·NEWS, a newspaper of ............................................................................................
general circulation, printed and published
TWICE-WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County of .. ........... ,........... ÑöiiëË"öp"pú'åiìë' iiËÄÄ:'....·.. ................ ......
San Diego, State of California, under the dale INO BY THE· CHULA VISTA
CITY COUNCI L CIIU LA
of Aug. B. 1932, Case Number 71752; that the VISTA .CAUFORNIA ,
ÑiñICEISHEREBVGIVEN I
notice, of which the annexed is a printed copy THAT THE CHULA. VISTA
CITY COUNCil will""'" a r:
(sel in type nol smaller than nonpareii), has bJIc. hHrIng to-consider .Ib.
IQWIng: .
been published in each regu!ar and entire Cans_on or 11\ :F.:aI
from the Planning Comm .:sIon
issue of said newspaper and not in any sup- declSon' toçprovltthe ilia
plement thereof on the following dales, to-wi!: ~Ian and orchItadUro >tCpOUd I
rthe canatructlon of 51S1~1. ~
ramØy hames, on tb8r remain ng ,
~ot lubdlvllllon, .' pl'uentlj'
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City's action on this ma In
court" you may be limited ID ra-
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IOm8On8 eI_ralud,8t· s:r.
all in the year 19.. ~.L¡..... blla.~~døctl~II~" Is
notice. or Ir(wrltten QOri:..~
_dence delivered' :IÞ'~ CIty
Ciltlc'sonrœ- at_O~pñôt"1Q';the
P~i'~rå~~RING
I certify (or declare) under penalty of perjury that WI, 'B¥ l'HE CITY
F.' '., ,éu(r,ueaè:tay" F.
the foregoing is true and correct. tt1e. ' at'B:OO :!i.m. In
Chambilr8. PubUc
81NNf. . Qldlng~ 278 Fourth
A~nue . whtc:t\ di'n~ per-
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Dated at Chula Vista _~~ary28, '994
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Ca I ornla, t IS ............... day of..........................,
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Signature
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PLANNING COMMISSION MINUTES
AND RESOLUTION
MEETING OF JANUARY 26, 1994
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PC Minutes -2- January 26, 1994
EXCERPT FROM PLANNING COMMISSION MINUTES OF 1/26/94
ITEM 1. PUBLIC HEARING: SITE PLAN AND ARCHITECTURAL REVIEW:
DRC-94-10 CONSTRUCTION OF 51 SINGLE-FAMILY DWELLINGS ON
THE UNDEVELOPED PORTION OF THE BA YONA NEIGHBORHOOD
WITHIN RANCHO DEL REY - Kaufman and Broad
Principal Planner Griffm and Associate Planner Hernandez presented the staff report, and noted
that staff recommended approval of the project, subject to conditions.
Commissioner Ray asked if the elevation on Martos and Gredos was the same as on Norella.
Staff requested that the applicant respond.
Gregg Linhoff, 12626 High Bluff Drive, San Diego, representing Kaufman and Broad, answered
that the two cul-de-sac streets were higher in elevation than Norella Street and Esla Drive.
Commissioner Ray asked why four lots in the existing neighborhood would be a segway into the
Bayona housing group. Would the shading of the houses be varied; what was the reference to
the segway going into the existing neighborhood. Mr. Hernandez replied that the condition
referred to the use of the flat tile versus the barrel-type. The residents had raised the issue of
the different types of roofs.
Commissioner Ray was concerned about the transition into the Bayona neighborhood, and that
the transition point would be moved by four lots. Associate Planner Hernandez replied that the
condition was an attempt to soften the transition, but it would be noticeable.
Principal Planner Griffm said the transition effort was for the existing residents; if future
residents had a concern about the transition farther down the street, they could choose not to bUY
the home.
Commissioner Salas asked if the builder was agreeable and able to use the barrel-type roofs on
the lots specified, why couldn't he use it throughout the whole project. The question was
deferred to the public hearing portion to be answered by the applicant.
This being the time and the place as advertised, the public hearing was opened.
Gregg Linhoff, representing Kaufman and Broad. 12626 High Bluff Drive, San Diego, the
developer, noted the application was originally submitted to the City for an dmini~trative site
plan and architectural approval. Because of concerns of the Bayona residents, there had been
three meetings with them and several changes had been made. The residents believed there
would be a decrease in value of their homes; difference in colors to be used in the stucco trim;
the darkest roof tile would be incompatible with the existing roof tiles on the Bayona homes;
concern that over time children might break the trellis work on plan 1; and front yard
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PC Minutes -3- January 26, 1994
landscaping. He proceeded with an explanation of the compatibility of the projects. Regarding
the mixing of flat and barrel-type tiles, he pointed out that it was desired by the developers to
mix the types of roof tile within their neighborhoods. Mr. Linhoff said it helped maintain
interest; a certain amount of variety was encouraged, desirable, and benefited a community. A
flat-tiled roof house, however, would not be adjacent to the Bayona homes. Mr. Linhoff asked
for approval of the project, with the following modifications to the conditions listed in the
resolution:
Item 'a'. The developer interpreted the word "similar" to mean that the proposed tiles
were in fact similar and the condition would not dictate a change from what they were
proposing.
Item 'b'. The trellis was solid backed by a plywood sheeting and probably stronger than
the typical stucco exterior. They felt the trellis work was consistent and compatible
within their own houses which were highly consistent and compatible with the Bayona
homes. They asked that this condition be deleted.
Item 'd'. The fencing program had already been submitted and approved by the master
developer and the perimeter fencing was 100% complete. They would not have any
involvement in the fencing.
Commissioner Tuchscher, referring to Item 'a', stated that the applicant was looking for was a
change in verbiage to say "in colors as proposed." Mr. Linhoff concurred.
At Chair Martin's request, Mr. Linhoff showed each proposed tile in comparison with the
existing tiles in the light, so the differences could be seen.
Commissioner Salas concluded that there were three elevations in each floor plan; two had barrel
roofs and one had a flat roof. Mr. Linhoff concurred.
Commissioner Tarantino, regarding garage door colors, asked if there was a variation in colors.
Mr. Linhoff stated there was a variation in color; they were not all white.
In answer to Commissioner Moot, Mr. Linhoff stated the porch columns used in the plans were
square and were made of wood.
Commissioner Moot asked what plans would go into the transition area. Mr. Linhoff said it had
been plotted, but he did not have them with him. Commissioner Moot asked if the plans with
the trellis and stepped-up porches were proposed in the transition area. Mr. Linhoff believed
there was one within the eight lots adjacent to the Bayona homes, but not immediately adjacent
to the existing homes.
Commissioner Fuller asked Mr. Linhoff to comment on the type of landscaping design to be
used. Mr. Linhoff said landscaping design was not part of this process, but they were
contemplating including front-yard landscaping as a standard feature. It had not yet been
designed. Whether or not they did this was a marketing decision.
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PC Minutes -4- January 26, 1994
Commissioner Salas asked if the lots were wider than the existing homes. Mr. Linhoff said the
lots within the tract varied from lot to lot. They were building on each lot as it exists without
the use of retaining walls, which Mr. Linhoff said were sometimes used to eliminate a sideyard
slope and allow a wider pad.
Commissioner Ray was concerned about the type of texture on the stucco. He asked what would
be different about the seven homes which would be in the transition area. Mr. Linhoff said the
fInish would be the same type of fInish that exists on the Bayona homes. The transition elements
principally relate to the use of barrel roof tile for all seven of the lots, plus the house at the end
of Esla Drive.
Commissioner Ray concluded the barrel-type roof would be used on 66% of the homes. Mr.
Linhoff concurred.
Commissioner Tarantino stated the correspondence which had been received from the residents
included some concerns over which the Planning Commission had no control in terms of inferior
amenities, etc. He asked those who spoke to address their concerns only to the architectural
compatibility.
Chair Martin called Mr. McKey to the podium and asked that he speak only to the design.
Mr. Taras McKey, 111 Elm Street, Suite 350, San Diego, attorney for the Bayona homeowners,
and some of his family who lives in the subdivision, said there was a clearly dernarked area
which had always been identifIed as Bayona Subdivision. When they bought their homes, they
also bought into a neighborhood as it was presented to them. The CC&Rs governing Bayona
outlined rules that required all current homeowners to go through a long series of red tape before
they could make any kind of construction or improvements on any of their homes. The CC&Rs
would be an appropriate standard to use when considering whether the new proposed plan was
comparable and in continuity with the existing homes.
Mr. McKey showed overheads regarding floor area ratios and compared the square footage and
prices of the Bayona homes to the proposed homes. For the record, Mr. McKey said that with
the reduction in price and the substantial drop in size in the neighborhood, the current Bayona
homeowners were facing what they considered to be a drastic impact on the value of their
homes. If that happened as a result of this body's decision to approve this plan, this body's
decision would reduce the value of private property in the City and could be looked at as a
government taking of private property. Mr. McKey said that, while the City has power to do
that, there needs to be a public benefIt for such a taking and, when there is, just compensation
be awarded to property owners who lose their property. Mr. McKey appealed to the
Commission to help them in protecting their interest as the current Bayona homeowners to
preserve the homes they bought, the neighborhood they bought, and the peace of mind they
thought they bought when they moved into Bayona.
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PC Minutes -5- January 26, 1994
Commissioner Tuchscher asked Mr. McKey to show the overhead having to do with floor area
ratio. Mr. McKey said the text was from the CC&Rs that bind the homes in Bayona; actually
from additional covenants and restrictions that were established in 1992. The original CC&Rs
were recorded in 1989.
Commissioner Tuchscher asked that the text be read into the record:
"City ordinances and regulations and their interpretation are subject to change,
and measurement and determination of floor area is a technical process.
Therefore, owners should consult with the City of Chula Vista Planning
Department for an official determination prior to committing to or starting any
addition to their homes. "
In answer to Chair Martin, Assistant City Attorney Rudolf said if property in a subdivision
which was affected by CC&Rs was sold to someone else, the subsequent taker would be bound
by the covenants which ran with the property.
Commissioner Ray asked if Kaufman and Broad was bound by the same CC&Rs since they
purchased the property from McMillin who had initiated and developed that area as a
community . Assistant City Attorney Rudolf believed, as a subsequent taker, they would be
subject to the same CC&Rs.
Commissioner Moot said he had driven through the property. The two cul-de-sacs numbered
1 and 2 appeared, because of the height differential, the access street, and the layout, to be
distinct from Norella Street and Isla Street which was one street. He asked Mr. McKey if they
had a problem with the different architectural styles if they were up in Martos Place and Grados
Place which appeared to be not on the continuous street. Mr. McKey said that would be better
than the proposal, but it was a completely enclosed area and a distinct neighborhood.
Commissioner Moot commented that it would be very strange to have one distinct architectural
style and half-way down the street a different architectural style. The cul-de-sac did not appear
to present that type of problem.
Jerry Park, 954 Norella St., CV 91910, a resident of Bayona, stated that the shape of the homes
did not match up; the new homes were wider in front, shorter in back; the chimneys were
prominent, more exposed; Norella Street was a continuous street and it could not be
camouflaged by putting similar types of roofs on the homes.
Marvin Simkin, 950 Norella St., CV 91910, resident of Bayona, said his home was next door
to where the transition was being proposed. He suggested that if the same colors as Bayona
could be used on Lot I, perhaps the same colors could be used on the rest of the houses. He
noted that colors show up differently in different lights; and that the black stripe on the roof tiles
proposed would, from a distance, tend to blend in with the rest of the color and would have a
darker effect.
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PC Minutes -6- January 26, 1994
John Higgins, 968 Norella St., CV 91910, was concerned about the difference in the two
developments, the landscaping; there was no guarantee that the landscaping would be put in; the
fences around the development segregated the development from other developments; there was
no proposed fencing as in the Bayona neighborhood; they were proposing smaller, cheaper
homes in a neighborhood that already exists.
Homayoun Nabizadeh, 949 Norella St., CV 91910, said that Mr. Linhoffhad stated the homes
would be compatible. Mr. Nabizadeh felt the California Castillo (Kaufman and Broad homes)
were compatible, but were starter homes.
Ms. Carolyn Little, 725 Esla Drive, CV 91910, restated that the CC&Rs dictated every change
the current residents could make in their homes. She felt everything was different in the newly
proposed homes. She did not understand how they could make so many changes, and the
residents could not.
Chair Martin asked the applicants if they would like to respond, specifically to the CC&Rs.
Steve Guy, speaking on behalf of McMillin Companies, 2727 Hoover, National City, stated that
additional CC&Rs were recorded against each phase as constructed--not against the unfinished
phases. Therefore, the lots that Kaufman and Broad have purchased are not within the CC&Rs
and are not bound by the same CC&Rs.
Assistant City Attorney Rudolf concurred; the previous question regarding CC&Rs was, if a
house was already covered by CC&Rs and was sold, would it be bound by the CC&Rs. In that
case, the property would be bound by the CC&Rs.
In answer to Chair Martin, Mr. Guy stated that the property that was sold when the homes were
built had additional CC&Rs placed against that property. They were never placed against the
Kaufman and Broad property, and therefore never bound by those CC&Rs.
Mr. Rudolf asked if the Kaufman and Broad property was covered by the 1989 CC&Rs. Mr.
Guy believed those CC&Rs covered all the property. The additional CC&Rs were the ones
which had been referred to earlier.
Commissioner Ray asked when the Kaufman and Broad property is completely developed, would
the Bayona property owners still be bound by the same CC&Rs and would Kaufman and Broad
now retain the whole community which would be bound under another set of CC&Rs.
Mr. Linhoff said there was a master set of CC&Rs (Declaration of Restrictions) which
encompassed the majority of the Rancho del Rey community and provided general guidelines,
and provided for annexation of specific neighborhoods or groups oflots into the master CC&Rs.
This was accomplished by a subsequent recordation of supplemental CC&Rs and declaration of
annexation. As an individual group of homes was brought on line, the supplemental CC&Rs
and declaration of annexation was then recorded which specifically annexed those particular lots
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PC Minutes -7- January 26, 1994
into and under the jurisdiction of the master CC&Rs, and also provided additional restrictions
more specific to that neighborhood. The lots on wWch Kaufman and Broad were proposing to
build would be subject to a declaration of annexation yet to be recorded.
Commissioner Ray concluded that the homes that Kaufman and Broad were proposing to build
would fall under the CC&Rs that exist today for the residents of Bayona. Mr. Linhoff clarified
that they would be under the "master guidelines." The supplemental CC&Rs would annex them
into the master and would provide for additional restrictions specific to that group of lots.
Commissioner Ray asked if McMillin had retained the property, developed the lots and sold
them, they would have been considered part and parcel and under the umbrella of the existing
CC&Rs of Bayona. Mr. Linhoff said they would be subject to the master CC&Rs only. The
supplemental CC&Rs are recorded at the time the lots have been sold off by the master
developer to a merchant builder, or if the master developer was also the builder, they were
typically recorded at the time the pennits were pulled.
Commissioner Ray noted that there could be multiple homeowners associations with the same
number of CC&Rs that fall within that master plan. Mr. Linhoff stated there could be a number
of declarations of restrictions within a community.
Commissioner Ray asked the Assistant City Attorney if the City had any input as to approval
or denial of those specific CC&Rs as they are annexed within the master. Mr. Rudolf said it
was a typical subdivision requirement, but not required by the City. The City would generally
not have any influence over it. The City, however, was party to some CC&Rs in some
subdivisions.
In answer to Chair Martin, Mr. Linhoff stated Mr. McKey's reference to floor area ratios was
provided in the CC&Rs as a general statement wWch reflected existing City ordinances and did
not set a minimum standard.
Commissioner Tuchscher clarified that no matter who built on those lots, they would have the
option to record whatever CC&Rs they felt were appropriate for that particular neighborhood.
The issue of CC&Rs was not an issue for the Planning Commission.
Chair Martin was concerned that under the CC&Rs, a new builder could not come in and make
the new development the same as the existing.
Mr. Linhoff stated that all the property within Rancho del Rey, for any improvements of any
type, were subject to review by an arcWtectural review committee. This was a committee
composed of members appointed by the master developer. Any changes were subject to
approval by the arcWtectural review committee. That was the same committee that would
review a proposed room addition, repainting, fence change, landscape, etc. that might be done
by an existing owner.
¿ -
PC Minutes -8- January 26, 1994
Commissioner Moot asked if the Municipal Code Section provided with the staff report was to
be used as a guideline regarding hannony and proportion. Mr. Rudolf affIrmed and reviewed
the proposed fmdings submitted for Commission approval.
Mr. Linhoff pointed out that Kaufman and Broad had three floor plans; the existing Bayona
homes consisted of four. Kaufman and Broad did not have a house they considered comparable
in size to Bayona's 2100 sq. ft. home. When comparing the other three plans to Bayona's, the
average size difference was less than 100 sq. ft. He asked for Planning Commission approval
based on the changes they had asked for in the resolution.
Commissioner Tarantino noted that in his neighborhood, there was a transition into another
neighborhood with different architecture. The transition had worked very well, and it was not
necessarily something that would be detrimental to the neighborhood.
Commissioner Fuller commented that the proposed development was in substantial compliance
with the site development regulations. She stated that the homeowners were looking at it from
a different bias. Speaking to the homeowners, Commissioner Fuller said that a neighborhood
was not a collection of houses; it was a feeling of people. She challenged them to not listen to
Mr. McKey's statement that it would be a threat to them as people because the homes would be
considered different. The threat was not the difference in architectural style, but the alienating
of people against people because there were some differences there perceived in the shades of
color on the fronts of the houses or the tiles of the roofs.
Answering Commissioner Ray, Principal Planner Griffm said the matter had not gone to the
Design Review Committee because it required a site plan and architectural approval, which was
a Zoning Administrator process. By Code, the appeal body on Zoning Administrator site plan
and architectural review is the Planning Commission, not the Design Review Committee. The
Code provides no option to send it to the Design Review Committee.
The Assistant City Attorney informed the Commission that, at the City Council meeting the
night before, the Council had adopted an urgency ordinance, giving the possibility of an appeal
from a site plan and architectural review decision by the Planning Commission appealable to the
City Council.
Commissioner Moot asked to what extent this situation had come up before regarding transition
in styles in mid-street. He was concerned about Novella Street and the transition in mid-street;
he thought the cul-de-sacs could be designed however they wished and it would not impact the
neighborhood adversely. He did not have a comfort level of such a transition having been done
before and if it worked.
Mr. Griffm knew of a transition in EastLake which had been accepted by the existing neighbors,
but it was a somewhat different type of transition.
10-/3 ,/
----"~.._..__._-_._-_.- -. ..._.._------_.._-----_._-_....~--
PC Minutes -9- January 26, 1994
Commissioner Tuchscher understood that the existing residents would like to have the same
models built out on the street and have that continuity; however, no matter who built out the lots
in today's market, it would be a different housing product to cater to a different housing market.
He believed a product as different as possible would retain more value for the neighbors,
because in an appraisal process would be their specific neighborhood rather than an identical
house down the street in the new construction that sold at a much lower price. He felt different
styles, different sizes, different colors would be better from a value standpoint.
Commissioner Ray asked Mr. Linhoff if any thought was given by Kaufman and Broad to use
McMillin's existing plans to build out at least Novella Street. Mr. Linhoff stated that an
architectural design is protected under copyright laws; they were not the owners of that
copyright and did not have the privilege to build out those identical homes unless they purchased
or otherwise obtained that. Kaufman and Broad had in-house design, and felt their product was
the most appropriate for the market.
Commissioner Ray asked if there was an option to separate Norella Street from the other two
neighborhoods. Mr. Rudolf said the Commission was free to structure their approval, but it had
to be tied to the fmding that it was compatible.
MS (Moot/Ray for discussion) to approve the resolution as is for the cul-de-sac areas I and 2;
and for the rest of Norella Street pending some visual depiction of streets where transitions had
been made in mid-street and he had some comfort level that it worked; he would like for the
applicant to come back and convince the Commission it would work on Norella Street.
Commissioner Salas thought the builder had presented enough evidence and material that they
could see that the product would blend in. She did not believe there would be a drastic change.
Commissioner Tuchscher did not wish to delay the project to bring back slides of other projects.
It was evident to him that someone on the Council wanted to hear it; he would like to see the
project voted up or down as is, rather than send a convoluted Planning Commission
recommendation.
Commissioner Moot, as the maker of the motion, withdrew his motion pending a motion on the
entire project, if the second agreed.
Commissioner Ray thought this was two, maybe three, distinctly separate neighborhoods. He
felt the cul-de-sacs should be treated as a separate issue. In listening to Commissioner
Tuchscher's comments about the diversity of product and protecting the prices for the residents
of Esla Drive and the portion of Norella which had been built, he agreed that they would be
better off with a different product so that they were not comparables taken at lower values. He
also agreed with Commissioner Moot.
(,
PC Minutes -10- January 26, 1994
Commissioner Ray asked, before withdrawing his second, if the purpose for voting the item up
or down strictly to get it moving forward, or did the Planning Commission want to make a
recommendation as to what they really believed should happen?
Commissioner Salas said she was going to vote the way she felt and the way she believed was
right, no matter what was pending with City Council.
Commissioner Ray asked Commissioner Moot if the original motion was not approved, if he
would be willing to separate the neighborhoods and approve parts of this. Mr. Moot concurred.
Commissioner Ray then withdrew his second.
MSC (Tuchscher/Fuller) 4-3 (Martin, Moot, Ray against) to adopt Planning Commission
Resolution DRC-94-1O approving the site plan and architecture for DRC-94-1O based on the
fmdings and subject to the conditions contained therein, with a revision to condition 'a' to read
"Lots 24-26 and 46-49 shall be developed with models using the barrel-type roof in the colors
proposed which are similar to the ones used in the existing Bayona homes."
Commissioner Ray asked to go on record stating that if the Planning Commission had separated
the completion of Norella Street, he would have voted for the project. As a result of everything
being combined, he could not.
Principal Planner Griffm noted that the item was appealable to the City Council within 10 days
of the Planning Commission's decision.
Chair Martin thanked the residents for attending the meeting and for their input.
At 9:20 p.m. Chair Martin declared a 10-minute break. At 9:30, the meeting reconvened.
10-)4 - 'I <
-- - ..~~-".- . ._....._---,._--_.__.,._~~-_.-
THIS PAGE WAS INI'ENrIONALLY LEFT BLANK
-v-
RESOLUTION NO. DRC-94-10
RESOLUTION OF THE Cl1Y OF CHULA VISTA PLANNING
COMMISSION APPROVING THE SITE PLAN AND ARCHITECTURE
FOR THE CONSTRUCTION OF 51 SINGLE-FAMILY HOMES AT
NEIGHBORHOOD 1561 (BAYONA) WITHIN THE RANCHO DEL
REY PLANNED COMMUNITY.
WHEREAS, a duly verified application for Zoning Administrator site plan and architectural
approval was filed with the Planning Department of the City of Chula Vista on September 24, 1994
by Kaufman and Broad, and
WHEREAS, said application requested site plan and architectural approval for the construction
of 51 single family homes on the undeveloped portion of neighborhood 1561 (Bayona) of the
Rancho Del Rey planned community, and
WHEREAS, the Zoning Administrator considered the site plan and architecture for the
proposed development, but due to the concerns expressed by the residents of the area, and pursuant
to Chula Vista Municipal Code Section 19.14.050, referred this item to the Planning Commission,
and
WHEREAS, the Planning Department set the time and place for a hearing on said site plan
and architectural review application and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the city and its mailing to property owners
within 500 feet of the exterior boundaries of the property and the 40 developed lots within the
Bayona neigborhood at least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.,
January 26, 1994, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed, and
WHEREAS, the Environmental Review Coordinator has determined that the existing
Environmental Impact Reports provide an adequate environmental analysis for the consideration of
this project.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds as
follows:
1. That the proposed development is in substantial compliance with the site
development regulations established in the Rancho Del Rey Planned Community
District Regulations and is consistent with the applicable design guidelines.
2. Based on the illustrations presented at the meeting, and as conditioned, the project
site plan and architectural prerequisites set forth in the Chula Vista Municipal Code
Section 19.14.470 have been satisfied.
- II -
/0--/:;
- _.__.__.._.~-_...._,.. . _..__.".__._,-"--_._-~--- ~---
Resolution No. DRC-94-10
Page 2
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby approves the site
plan and architecture of the proposed project subject to the following conditions:
a. Lots 24-26 and 46-49 shall be developed with models using the barrel type
roof in the colors proposed which are similar to the ones used in the existing
Bayona homes.
b. The trellis featured on the base of the entry porch of plan 1 shall be replaced
with a material more compatible with the existing residences, satisfactory to
the Director of Planning.
c. Where an offset in the front yard building setback is proposed between
adjoining parcels it shall a minimum of five feet. No more than 3 buildings
on adjoining parcels shall be constructed along the same setback line.
d. A fencing program depicting the type of fences to be used along the canyon
edge and street frontage shall be submitted to the Director of Planning for
review and approval prior to issuance of a building permit.
e. The optional wood deck shown on plans 2, 3 and 4 shall be a standard
feature on lots facing the canyon or public right of way.
f. The corner Lot 1 at Elsa Drive and Rancho Del Rey Parkway shall be finished
with colors and materials matching the existing homes on Elsa Drive.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this 26th day of January, 1994 by the following vote, to-wit:
AYES: Fuller, Salas, Tarantino, Tuchscher
NOES:· Martin, Moot, Ray
ABSENT: None
ABSTENTIONS: None k{}~
Thomas A. Martin, Chairman
Planning Commission
ATTEST:
,
l-~þ"r~ ~~/
ancy Ri ey, Secfetary
I '"\
, ~ -
(b:\drc-9410.res)
,
CHULS VISTA MUNICIPAL CODE
SECTION 19.14.470
Site Plan and Architectural Approval
Principles to be Observed
/O-/ro
......"..-- -_."_......~._~-~".__._-..._---"_.__.__.-._-----
.,. .... --.--- _H ---- ------- -- -
J9.14.470 SiIe pIaD 11IIII_ 1 h-n _....d-Jlkl .;pats. lie ..... ...4.
III .arrYiD¡ out die purpoH of dùa &tivilion. die IODinI ·....."'htntor IbaII coaaicler iii each apedfic
cue any or all of die foUowin¡ principIa u may lie appropriate:
It. It II DOt a purpose of dùa diYilion dlat conU'Ol of dai¡n character moulcl lie 10 ri¡iclly .rorcecI dlat
fDdividllll iDitiative illtitled in die layout of any pàrticular builclina or lite and IUbstantial addidonll
a:peIIH Incurred; rather. it Is the intent of dùa cIiYiIion dlat any conlrOl øercIsed be 1be lllilllmum
IIICUW)' to achieve the over·aIl objective of dùa cIiYiIion.
J, Good cluiJII character Is based upon die suitability of builclinl ancl"ite dai¡n for sÞ JIIØPOHI, upon
die appropriate life of 'OundlDlteria1., ancl upon the principl.. of harmony and pl"oponion in the
_-all dtli¡n.
C. Good d..iJII character Is not. in itself. more aptIIIive Ihan poor daiJll, and II not dependent upon
1be particular style of de.iJII selected. - .
11Ie litinl of any ItNcture on the property, u compared to the Iitin¡ of other IIrIICIUnI in 1be I
.
iIIIIIIediate neiahborbood, IhaII be COl\lidered.
E. 11Ie size. location, de.iJII. color, Dumber. li¡htinl andlDlteria1. of all.i¡ns and outcloor aclvenlsinl
IINCNm IhaII be reviewed. No .iJIIIbalI be approved in aceø of the lIIUÏIIIum timiø Nt by any
criinance of the city.
P. Lancllcapinl in accorclance with the lanclscapinllDlllual of 1be city IbaII be nquirecI on 1be . and
IbaII be In keepinl with the character or cluiJII of the. and aIstin¡ tna IbaII be p'ä~v.d ~
whenever poaibl..
G. 1npuI, .... and Intemallrlftic drcuIation IbaII be 10 da!JIIecI U . promote ~ and
1Ifety.
H- AIl the facÞn tpedfiedln dùa MCtion IbaII be nlated to 11M ~ or __1;"'-1 cbaøa.r "Ibe
IIIi¡bbadIood or IIØroIIDCIinI ana.
L UndeqroundiD¡ ofClftlhud ytIIltIM maybe nquirecI by the IODIn¡ ,....."'I·boOt\¡( IUbjectto _..~aI
"alae ,....."'.' -"'&..loA. . .
.
.
(Ord. 165311, 1975¡ 0nL 135611 (put), 1971¡ 0r4 121211 (put), 1969; prIar eo4e PU31SCA)(5).
I
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0l6l93) 1126 /0- -rt
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- --- ----.~._._-~-- m_____
THIS PAGE WAS INTENTIONAlLY LEFT BLANK
I 1./ -
-. . - _~_.____ Mo'O_
EXISTING BAYONA NEIGHBORHOOD
HOMES
.
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PROPOSED KAUFMAN AND BROAD
DEVELOPMENT PROPOSAL
DRC-94-10
/O~20
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THIS PAGE WAS INTENTIONALLY LEFT BLANK
01/17/84 11:21 tt618 277 7680 .
~'TD SAN DIEGO 1iJ 001
-. ..".
, . .-,~_, . f ·,~O'N
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January 17 , 1994 ",,~.b.· .
_ If ..·.f-,t....,ç...
.. RECE:VED p'3&>~ ,., . . ."..~
tool...· . . . ~" "'....
JAN 1 7 1994 ' c.rcSr."" ,.,."OU-
Chair Person end PLANNiNG
Member of the Planning Commlnlon
CITY OF CHULA VISTA
276 Fourth Ave
Chula vista, ca. 91910
Dear Sir or Madam;
I am writing this letter to convey my concern regarding the Kaufman & Broad
development proposal and to request your support to protect the quality of our
community end the value of our homes,
Before I purchased my property at The Rancho del Rey development, I .
considered several other areas including Eastlake and Rancho Bernardo. I chose
The Rancho Del Rey, Bayona neighbOrhood because I knew the quality of
McMillin homes and the fact that Bayona was designed by a well known
arçhltectural firm and not by in house designer as many developers do. I was told
that the neighbOrhOod consisted of 91 lots and 4 different models all illustrated in
the plat plan approved by the City of Chula Vista on October 18,1990. see
enclosec:J document.
My decision to purchase my home In Bayona, was based on the strong
I'8Sldentlal flavor, the neighborhood Integrity. the quality of materials, the
character and pleasant harmony of colors and the well design landscape, which
toqèther produce an elegant and pleasant atmosphere that my family and I
e~Yed. I am very positive that this development II unique and well thought out.
T excellent architectural design aI80 contributes to the enhancement of the
City.
To mrc surprise, on December 8, 1993, only 4 months after I. moved to thll
cleve opment, I reoeived an Invitation to plVvlew a new housing product for the
remaining portion of the neighborhood and to meet the new developer Kaufman
& Broad. .
This proposed homes projected not only a different architecture. but Incompatible
color scheme, the Interior and exterior finishes, the amenities and architectural
design quanti's are inferior to the quality found In our home. . At this time we see
our neighbOrhood threatened to be substantially changed by the Introduction of
thle new development.
JO~¿q .
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.~___.._..___.m'_. - ---------~-~~-~--
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01117/84 11:21 'Z5'619 277 7680 !\'TD SAJi DIEGO 1Zi002
....~
.
Page 2
Chair Person
Members of the Planning Commission
Because the developer Is stripping his product of quarrty amenities and finishes
that are standard in our homes, this new product Is expected to be considerably
less expensive than the existing homes which will have a detrimental effect In
value of our homes, For this reason we asking for your support to save our
neighborhood and the value our homes, each of the s)()sting residents may lose
all our equity, If this project is approved.
As homeowners our main concem Is not who is going to finish the development
of the remaining lots, but that the development adhere to the already established
ne~hbOrhOOd character and Integrity, Therefore, we urge you to deny the project
an direct the developer to revise his plans to reflect the established architectural
character, color scheme and landscaping of the Bayona neighborhood, which we
call home.
Thank you for your consideration and assistance to this matter. If you wiSh to
contact me, may do so at 713 Esla Drive, Chula Vista, CA 91910. Telephone No.
(619) 482·5554
..'Y....~ ~~---! .J,
~~M e;M.I"I 7
amlro . Hem z
Bayona homeowner
cc: Mayor
Tim Nader
Council
Leonard Moore
Jerry Rlndone
Shirley Horton
Robert Fox
,
- 3 "1
.
( BA VONA HOMEOWNERS ALLlANC1.
954 NOREL.L.A STREET
CHUL.A VISTA, CA 91910
Dee 11. 1993
Dear Mayor Tim Nader:
Cc: Mayor Tim Nader DO ~
~~
:D
Cc: Councilman Leonard Moore ~o ~ 1"1
Cc: Councilman Jerry Rindone r- ."
i£i n
Cc: Councilwoman Shirley Horton - 1"1
.c:: ..
Cc: Councilman Robert Fox V>~ -
c:> <
Cc: Design Review Coordinator J. Luis Hernandez ..,..,<. II 1"1 .
.,...-"; - 0
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rr.)""': N
As homeowners of the Bayona development in Rancho Del Rey. we have been
coalesced into action by the imminent plans by Kaufman" Broad to develop homes
in OUf immediate area that do not adhere to the original master plan for the area.
The master plan called for the eventual completion of Bayona by the McMiUan
Development. Inc. as a architecturally hannonious tract of homes that suggested
Mediterranean innuences, The newly pro~ homes to be built by Kaufman "
Broad in no way retain this architectural ony: They are of an entirely different
conceptual origin. differing in colorations, geometry, materials, etc.
..- .-
The proposed homes. if they are completed as proposed would have severely
negati~e affects on the Jlesthetics as weU as the uniQueness of the Bayona community.
-we are taking this opportunity to fonnally ask that 8 public hearine be eranted to us.
the homeowne We the homeowners of Bayona have also signed the
8 ac cd petition fonn to demonstrate OUf conviction that this is indeed a matter of
great importance to us. We look forward to hearing from you as to when a hearing
can be arr~cd.
Cordiallv.
.
Th. - 8....-,: AIUan"
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BAYONÅHOMEOWNERSÅLUÅN~ ,
954 NORELLA STREET
CHULA VISTA, CA 91910
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leA VONA HOMEOWNERS ALLIANCEL
954 NORELLA STREET
CHULA VISTA. CA91910
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950 Nore11a Street
Chu1a Vista, CA 91910
December 12, 1993 . . - -
City of Chu1a Vista DEC 1 3 1993
planning Department j':)' ,,,.-t.. .,.'....
276 Fourth Avenue .... .' ~. \.: \...::ì
Chu1a Vista, CA 91910
Dear Mr. Hernandez:
The proposed development for Rancho Del Rey is not compatible with the
appearance of the existing Bayona homes. This will be especially
apparent on Nore11a Street where the two dissimilar projects will
coexist on the same street. Also, a single oddball house has been
proposed for the north end of Es1a street. This house will literally
stand out like a sore thumb if built as proposed.
As a Bayona homeowner, I welcome the completion of the Bayona project.
However, the proposal should be denied until the following problems
can be addressed:
· The proposed "stone and brick masonry trim" and "elevated
covered front porches" are totally out of character for the
neighborhood. All of Rancho Del Ray is done in a spanish
motif.
· The proposed flat concrete roof tiles should be replaced
with curved tiles in the same color, size, and shape as all
the other homes in the Bayona project.
· The new houses should be painted in color schemes agreeable
with the existing homes on the same street.
· The new construction should have landscaping that fits in
with the landscaping of the rest of the street.
Those of us who bought into the Bayona development agreed to extensive
and detailed CC&Rs because we enjoyed the harmonious look of a master
planned community. We are concerned that this project may severely
reduce the property value of our investments. Please study the
project's compatibility with and impact upon existing homes before
approving it. Thank you.
;::tYß .....
. -
M~imkin
Case No: DRC·t4-10
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. DEC 16 '~3 07:26AM ROIÎ~ SOUTH BAY ( P.l
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December 13, 1993 . -.-.....
p:aU'" ct>ÐCk your..-
billa'. (;3.m.\W \"~ord ProOIIIatn;
Mayor Tim Nader , .rdïn ,,00'<.1. ¡""II.
276 Fourth Ave.
Chula vi.ta, CA 91910
Dear Mayor Nader,
We· are writin; to you in re9ards to the notice we received on the
eite plan and architecture proposed construction of 51 sin;le
family dwellings (Case No. DRC-94-1D) on ~~e remaining lots of .
the subdivision presently known as the Neighborhood 1561 (Bayona)
in the Rancho Del Rey planned community. Before you con.ider
this plant please hear out our concerns as one of the Sayona
Homeowners.
Last wednesday, December 8, we (the Bayona Homeowners) were
invited to preview the proposed plan in the Sayona neighborhood
by Kaufman and Broad and the McMillin qroup at Rancho Del Rey.
To our amazement, the plans and arohiteotural designs of the
proposed dwellings are completely differently, they don't have
the .ame style, quality and features as the hou.e. that are
already built. The proposed dwellings are muoh smaller than the
previously approved plans in the Bayona neighborhood. Kaufman
and Broad will start buildin9 these completely different hou.es
from where the 8ayona development had stopped which is half of
Norella Street (see exhibit 1). As you can seefro~ exhibit 2
(de.19n. of pre.ent home. in the Bayona neighborhood), the plans
of Kaufman and Broad doe. not blend with our present
nei9hborhood.
A. a military family who's been stationed overseas for over 8
year., we were excited to finally settle down in a quite
community like ~ancho Del ~ey. When we bought our house which
was in November 1992, we were nev.r told by Rancho Del Rey'.
.ale. repre.entative, Jerrie Brizzie, that there ~i9ht be
problems with the Bayona development. What we were told and led
to believe was that most of the houses were already Bold (all the
lota 1n Norella St.) except for 3 or 4 hou.... When we finally
arrived from overse.a and saw our hou.e for the fir.t time, we
were surprised that only half of Nor.lla Street was developed. .
That was when we found out that Rancho Del Ray was havin;
financial problema due to their partner, HomeYed. We under.tood
the situation and we didn't mind that McMillin stopped the
development in our nei9hborhood for the mean time. We were never
informed that the McMillin qroup miqht not continue with the
approved Bayona plans.
_ ~:v
- - "
DEC 16 '93 07:27AM ROIcr SOUTH BAY ~ P.2
\..
Now that McMillin has bought HomFed's share, they are brinqin; in
Kaufman and Broad to continue the project in our neighborhood
with completely different plans from what we were presented
initiall1 when we were ~u~ing our houses. NOW that development
is start ng again, our ma~n concern is the difference in .tyle,
quality and features of the proposed dwellings from the present
spanish style houses in our neiïhborhood. ~h. proposed
development will It art in the m d~l. of Norelll St. The propo..d -
hou.es al.o have a price rang. of below $200,000. As you can .e.
with exhibit 3 (price range Of pre.ent home. 1n the sayona
nei;hborhood) the avera;e value of houses i. about $230,000
beoause of the unique style and quality of our homes. picture a
street (Norelll st) in which half is Slyona quality and half of
1t 1_ completely different. What do you think will happen if
your house is valued at $230,000 and then another house down the
road ie only valued at $180,0001 If the proposed plan of Kaufman
and Broad is approved, the value of all the houses in the layona
neighborhood will go down. We are hoping that McMillin will
reconsider and will go ahead with the previously approved plan in
the layona nei;hborhood.
Pleaset we ur;e you to consider our concerns and the rest of the
layona neighborhood. We voiced out our concern. to the McMillin
representative, the Senior Vice-President in charge of Marketing,
and to the Kaufman and Broad representative during our me.ting
last December B. We were all told that the McMillin group will
get back with us in regards to our concerns, but up to now we
haven't heard anything from them. We are all up.et and
cisqruntled about the change in plans. We were misinformed and
misled by the Sales Department of Rancho Del Rey and they are
playing around with our biggest asset - our homes I So you are
our last resort, plea.e hear our concerns and help UI. Before
you approve thesEroposed plan of Kaufman and Broad, have an open
forum with the yona homeowners or just visit the site and
you'll .ee in person what the proposed change in the plan will do
to our nei;hborhood.
Sincerely,
~~ ~ rw~ ~n)
Mr. and Mrs. Florante sabino
958 Norella st.
Chub vista, CA 91910
. -
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(0'33 -
..___..__._..~____,_ __..,___~,._____w_ _._____~__
- -. --- .
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December13,91910
Mr. J. Luis Hernandez
Design Review Coordinator/Associate planner
CITY OF CHULA VISTA
Planning Department
276 Fourth Ave
Chula vista, ca. 91910
Dear Mr. Hernandez;
Last Wednesday, December 8, we were Invited to preview the proposed
architectural design for the new dwellings to be built in our neighborhood by
Kaufman and broad of San Diego Inc.. At this time wé would like to expressed
three reasons why this proposed 51 single family dwellings should not be
approved by the City..
1. We strongly believed that the existing design Is unique and contribute to
the enhancement of the City.. Our houses features excellent architectural design
qualities. We strongly suggest that the amenities our houses have be consider
before approving this new development proposal. Our houses as we understand
were design by an architectural firm who took the time to analyzed, researched
and studied the City's residential neighborhoOds.
2. As homeowners our main concem lies on the Inferior quality of design
and Inferior quality on the product, means cheaper houses, which translate to a
depreciation of our properties value.
3. As you are aware, on October 18,1990, your department approved the
Sayona development, and for reasons unknown to us this proposed and
approved development has not been completed. We want you to exercise your
design review power to maintain the quality of our neighborhood.
-
4'
- "
<.. "-
Page 2
Mr. Hernandez
Our understanding is that Kaufman and Broad will finish the development. but we
. do not see the same product. At this time we urge you not to .DDroved
Kaufman and Broad proposed project.
Æ,~~ ~urs , ~
;(MI .dr( ~M 7
a Heman
Bayona Homeowner
cc: Mayor
Tim Nader
Council
Leonard Moore
Jerry Rindone
Shirley Horton
Robert Fox
.
. -
- II·· -
1(}--34
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UG; D::C i 51;~!3 iJr Esla Drive
~___ _ --~J C ula vista, CA. 91910
_ t'-:-r"~ : - .-j
, _______ ¡ecember 15, 1993
Mayor 'rim Nader
276 4th Avenue
Chula v.lsta, CA. 91910
Dear Mr. Nader:
Aa a Sayona homeowner, my husband and 1 have concerns regarding
the proposed new homes to be built in our neighbOrhood. Aside
from onr concerns regarding the value of our home inve.tment,
we request that you consider these i..uea: the propoeeò houses
have brick and stone maaonry, raised enclosed front porche.,
flat til~ roofs (vs. barrel tile.) and other features which do
not blend with the spanish style, Sayona homea: the color scheme&
and landscaping will not match our existing homes: and the fact
that we, the homeowners of Sayona/ invested our hard-earned
money believing the neighborhood would develop with the aame
high quality Sayona homes. At the time we were considering
buying our hornet we were shown future blueprint. and a video
of the Sayona home plana which left me with the impression of a
neighborhood one could be proud to be a part of becau.e of the
dedication to enhancing the quality of homes. The current pro-
posed home. in our opinion, do not have the features which match
our B.yona home.
I thank you for your consideration regarding this matter.
Sincerely,
~~~
Catherine Dominguez
. -
I /.~ -
-
- .
- - ---. --
,/' (. (.
í. ,,- ".
-..
To: City of Chula Vista DEe 1 5 1993 December.15,1993
Mayor, City Council
and Planning Commission ! ~
'" i.
I am a home owner at 949 Norella street in the Bayona
community. When my wife and I purchased the home in June of
this year, we were assured by a representative of the McMillan
Company that they were going to continue to build more McMillan
houses (Bayona Phase II) on the empty lots of our street. However,
on December 7, 1993, McMillan informed us that the lots were sold
to a different company, Kaufman and Broad. Kaufman and Broad are
intending to build a different style of homes in our community.
which will be called "California Castille," a .completely different
title from "Bayona." Furthermore, the proposed "California
Castille" is going to split our community in half, on the same
street I This seems so awkward and incredible to us. The new
proposed homes will also be about 30 to 60 thousand dollars less
expensive than the homes in the Bayona community. Our homes are
of a contemporary Mediterranean style where the proposed homes
tend to look more traditional with dark brick and stone masonary,
raised enclosed front porches, flat tile roofs, and they are
smaller in square footage. The difference would be very obvious I
The city of Chula Vista must stop the new proposal and offer
a similar type of construction to the existing houses. We, the
people of Bayona, are angry and frustrated over this matter. We
- -
are going to lose on the value of our homes. We are in favor of
new construction but not if the new houses are not similar to the
. - L/?) -
10--3)
_____0"_'.' .._.._._,__._~._._ __" __ __u__.__...____.___ ___n__
..---
.------. -.-
{ i.
existing Bayona community. As our city officials, we urge and
trust that you will help us in this matter.
k sincer~¥h
1!1Z-r1
. ;r;;-I/.J..'~
Homa~~ Nabi~deh .
Oralia Nabizadeh
949 Norella st.
C . V ., Ca. 91910
. -
- ii
DISCLOSURE STATEMENT
/0-- !:k,
-~_..~.._._--~._.__..._,._....._---_._~_._.,.-._,..,-----------_...~---_._-
-
f
Appendix C
CITY OF CHULA VISTA
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING
COMMISSION AND ALL OTHER OFFICIAL BODIES.
The following information must be disclosed:
1. List the names of all persons having a financial interest in the application.
Kau£.an and Broad of San Diego, Inc., a California corporation
List the names of all persons having any ownership interest in the property involved.
RAncho Del Rey Investors, L.P., a California It.ited partnership
2. If any person identified pursuant to (1) above is a corporation or partnership, list
the names of all individuals owning more than lOS of the shares in the corporation
or owning any partnership interest in the partnership. .'
Kaut.an and Broad of San Diego, Inc. is a subsidiary corporation of Kau£.an and Broad
Boae Corporation, a publicly traded corporation.
3. If any person identified pursuant to (1) above is a non-profit organization or a
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
DOt applicable
4. Hav. you had more than $250 worth of business transacted with any m.mber of City .
staff, Boards, COlllllissions. COll1littees and Council within the past twelve IIOnths?
Yes No xx If yes, please indicate person(s)
- -
Person is defined as: ·Any individual, firm, copartnership, joint venture, association,
soc,al club, fraternal organization, corporation, estate, trust, receiver, syndicate,
th is and any other county, city and county, city, municipa 1fty, district or - other
political subdivision, or any other group or combination acting as a unit.·
(~: Attach additional pages as necessary.~ ~~
. Slgnat~~f app c ate
Kau£.an and Broad of San Diego, Inc.
WPC 0701P ~ LiDhoff
A-110 /
r n or type nalllt ot app .,cant - /j -
+þ /0
BASIS FOR SITE PLAN AND ARCHITECTURAL APPROVAL '16-
OF CALIFORNIA CASTILLO APPLICATION
City Council Public Hearing. 2/8/94
* Application meets all criteria of the Rancho Del Rey SPA I plan, Rancho Del Rey
Architectural Review Committee and principles for Site Plan and Architectural Approval.
* The City of Chula Vista Planning Commission voted to approve the application at a
hearing on January 26, 1994.
* The City of Chula Vista Planning staff, after extensive review and evaluation, reaffirms
that application meets all criteria for approval, and recommends approval of the
application.
* The applicant, Kaufman and Broad of San Diego, Inc., has made a number of substantial
voluntary changes to the product in a good faith effort to work with Bayona residents
over a period of two months, even though original application met criteria for approval.
Changes include removal of brick/stone trim, roof tile revisions, color palette revisions
and plotting changes.
* Although California Castillo homes posses many similarities to existing Bayona homes,
they do not replicate but rather complement existing Bayona homes by providing a
compatible but not-identical product. The applicant, City staff, Rancho Del Rey
Architectural Review Committee, designers of the Bayona product, and designers of the
Castillo product all agree that the two products are compatible.
* Mid-block housing transitions already exist throughout a number of master-planned
communities in Chula Vista, and will occur again by design, as previously approved by
the City, in several areas within Rancho Del Rey.
* The scope of the Site Plan and Architectural Approval process is primarily limited to
exterior architectural considerations, building siting and compliance with development
standards such as setbacks and floor area ratios. Considerations of value and pricing are
not pertinent to the application and are not criteria for approval.
* Despite Bayona residents' expressed concern that construction of Castillo homes on
adjacent lots may negatively impact the value of existing Bayona homes due to product
differences, historical experience, supported by expert opinion, suggests that in fact
development of identical or nearly identical homes on adjacent lots will more directly
affect the values of existing homes than will a differing product. Development of homes
that are different yet compatible will have a beneficial impact on the value of both
existing and proposed housing.
( 0-3-::¡-
PUBLIC HEARING CHE(J( LIST
PUBLIC HEARING DATE: 2../"& /C ..f.
SUBJECT: Q..e.,.~ 1__ ~ ~09s>.:~~ . . k.
rJ.J¿.... " 4<v"
~
bSûIi.'FI8K: ~. s....h. F :- ....... ~ 7..3:=.... -;" ~I'~" r"
-A.d '.-> t SI ~H ~.."u - 1(...·.. - _ ß~.
SENT TO STAR NEWS FOR PUBLICATION n BY FAX .-/; BY HAND ; BY MAIL
PUBLICATION DATE I /2..'1 }S....:+ - -
.
MAILED NOTICES TO PROPER1Y OWNERS_~ c.;:t:þr'....L .~ NO. MAILED
PER GC §54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK I /2.') I 'ì '-/
I J
COPIES TO:
Administration (4) v?
Planning ,/
Originating Deparunem
Engineering ./
Others
City Clerk's Office (2) t/'
POST ON BUU.ETIN BOARDS ,h......, /'1-/
, I
SPECIAL INSTRUCTIONS:
7/93 ·55·
It) -31>
. - ~ - ~-_..-
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL of Chula Vista, California, for the purpose of considering an appeal ITom the
Planning Commission decision to approve the site plan and architecture proposed for the
construction of 51 single-family homes on the remaining lots of the subdivision presently
known as Bayona, Rancho Del Rey Neighborhood 1561. The project site is located on the
south side of Rancho Del Rey Parkway between Atotome Way and Duro Drive. Copies of the
proposed site plan and architecture are on file in the office of the Planning Department. Any
petitions to be submitted to the City Council must be received by the City Clerk's office no
later than noon of the hearing date.
If you wish to challenge the City's action on this site plan and architectural review in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing, described in this notice, or in written correspondence delivered to the City Council at
or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE COUNCIL on Tuesday, February 8,
1994, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at
which time any person desiring to be heard may appear.
DATED: January 28, 1994
CASE NO: DRC-94-10
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests
individuals who may need special accommodation to access, attend, and/or participate in a City
meeting, activity, or service to contact the Clerk's office at (619) 691-5041 for specific information
on existing resources or programs that may be available for such accommodation. Please call at least
forty-eight hours in advance for meetings and jive days in advance for scheduled services and
activities. California Relay Service is available for the hearing impaired.
10- "3/}
... -_...."-,, _,__~.__.___..__,.. _".,o_.,__"__,,___,,,_.,__,__,,"___'M__'___'__
-L -----
,----
----
PROJECT
LOCATION
1'..-.1-'
...
u
«
,
I -------. ' J /
EAST -H" STREET
\..
CHULA V I ST A PLAN:\Ii\G DEPARTMENT
ø APPLICANT: PROJECT DESCRIPTION:
BA YONA SUBDIVISON
ADDRESS: EI Rancho Del Rey Neighborhood 1561
SCALE: FilE NUMSER:
NORTH I" = 400' ORC - 94 - 10
10--40
- .~- ~,_. -...- ____ ___~__._~___ .'__~_m_~_.._..._
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL of Chula Vista, California, for the purpose of considering an appeal from the
Planning Commission decision to the site plan and architecture proposed for the
construction of 51 single family homes on the remaining lots of the subdivision presently
known as Bayona, Rancho Del Rey Neighborhood 1561. The project site is located on the
south side of Rancho Del Rey Parkway between Atotome Way and Duro"ive. Copies of the
proposed site plan and architecture are on file in the office of the Planning Department. Any
petitions to be submitted to the City Council must be received by the City Clerks office no
later than noon of the hearing date.
If you wish to challenge the City's action on this site plan and architectural review in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing, described in this notice, or in written correspondence delivered to the City Council at
or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE COUNCIL on Tuesday February 8,
1994 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at
which time any person desiring to be heard may appear.
DATED: January 28, 1994
CASE NO: DRC-94-10
F:\HOME\PLANNING\LUIS\DRC-94I O.CCNOT
/o-Lfl
. ._-. .-..~.~--_...._.+---_._--.._._.- ..-.--..-,
---- ~. -- -----....-- --.--------.
"-
('
. ,--I '.
.
.
Robert & Denise Brunson Luis Alfredo Gonzalez
fl Raquel Gonzales
Chula Vista. CA 91910 T- ~DIiI .
Chula Vista. CA 91910
Andres Ingnacio 640-310-58
Emerita Ingnacio ~ar1os J. Martinez
JJ .. .. - -
Chula Vista. CA 91910 Chula Vista. CA 91910
Ferdinard Barbadi 110 640-310-13
Pamela Barbadi110 ~au1 Vi llapando
1 ~910
Chula Vista. CA Chu1a Vista. CA 91910
640-310-02
John Hiygins L P Rdr-1561
Ligia H ggins
- National City, CA 91950
Chu1a Vista. CA 91910
Samuel Lawson ·lJl
Cora Lswson 0
Chu1a Vista. CA 91910
Kaufman & Broad
Alfonso Eusebio
E1 i za Eusebi 0
San Diego. CA 92130
Chula Vista. CA 91910
Benjamin & Alice Ruzo
- .. -~
Chula Vista. 10
.
Marcelino Ronquillo
Geraldine Ronquillo
1 ~
Chula Vista. CA 91910
Pascual S. Saniatan
Ramona A. Saniatan
'"
Chula Vista. CA 91910 Çc
i
,
I
Ken Gregg Muraoka/Roy Muraoka
-- -. ~ ' /O-L/1-
Chula Vista. CA 91910
0- _ _ _ __0.______.·_ _....__....___._____.._.__"_.____
---- ------------ -_.-- - --- &
--.----.-- -- - ~-_..-
BAYONA HOMEOWNERS MEETING· dTTENDEES -
,
Antonio Cas~ill0 Paul Villalpando Andrew & Cynthia Ortiz
.ill -~, - . J - 00. "
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
William Little Debra RUb, John Pack/Beverly Blanes
Cirhr111Vi rt I CA 91910 J. . ~^ "___,,. r· I
u a s a, Chula Vista, CA 91910 Chula Vista, CA 91910
Dionisia Gabriel Dennis Klipfel Ramiro G Hernandez
~ftft ~ '. - . _0_" ., . Lau! _ '.. .
Chu1a V1Sta,CA 91910 Chula Vista, CA 91910 In.. .. ...
Chula Vista. CA 91910
Fr~n~ Montanez Obed Ferrari Raymond & Rosqa Melero
TCThula V-is"ta' ···CA 91910 Ch la V,'sta C"A 91910 ??? r.' - I..
, u, Chula Vista, CA 91910
J Graha Rogelio & Ligaya Tabago
ames m --- ~, . I
Virgilio Gonzales M^" ~¡. r. 1 . ..
ToO -. -. Chula V sta, CA 91910 Chula V1Sta, CA 91910
Chu1a Vista, CA 91910
Manuel Gareis Florante Sabino Jose & Patricia Sanchez
_._~. ft_ ~
Chula Vista, CA 91910 Ch~, CA 91910 Chula Vista, CA 91910
Timothy Drum ~ & Jung Park Norma Rios
- .. __ ...h·
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
Elizabeth Manfredi James & Jackie Park Joselito Dominguez
r I J _ . M' I' Catherine Lopez
Chula Vista, CA 91910 Chula Vista, CA 91910 r- - , .db . -
Chula Vista. CA 91910
Benny Counterman Marvin Simkin/Ga~e Robinson Romulo Madayag
~.- ~. ft. -..._ wv., Josephine Madayag
Chula Vista, C1\ 91910 Chula Vista, CA 91910 r I . LL' ~
Chula Vista, CA 91910
Jose Virrey Homayoun Nabizadeh Osamu & Mayome Furukawa
- -. ft"U r . __ _
Chu1a Vista, CA 91910 Chu1a Vista, CA 91910 Chu1a Vista, CA 91910
;0-43 --. _ ___ _uu_______ __________ ______
,
'/
City of Chula Vista Date Received~
Planning Department Fee Paid l,~
Appeal Form Receipt No. \'2.'5z.s~
\3L..OZ,," t>QD~ß Case No: DG!.C.-qA-\C
Appea1 from the decision of: o Zoning IlliI Planning o Design Review
Administrator Commission Committee
Appellant:Kaufman and Broad of San Diego, Inc. Phone 619 /259-6000
Address: 12626 High Bluff Drive, Suite 400, San Diego, California 92130
Request for: Design Review
(Example: zone change, variance, design review, etoc.)
Please state wherein you believe there was an error in the decision of o ZA npC ODRC
for the property located at: California Castillo proposed community; Chula Vista Tract 88-1,
Rancho Del Rey Phase 5 Unit 2 CASE NO. DRC 94-10
See attached correspondence for explanation of this appeal and the purpose thereof.
.,
~ ~/~f;I- I 1-r¡44-
Signat of ppell . 'Dat
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Do Not Write In This Space
To: Planning Department Date Appeal Filed: j'Q.'\J.nnr2.~
Case No:t>~C-9~-\O Date of decision:~Receip't No: 1'2'5'2.~
The above matter has been scheduled for public hearing before the:
Planning Commission City Council on
~~C~iS~~ry \
,
City C erk
(This form to be filed in triplicate.)
PL-60 } o-LIt!
Rev. 12/83
.~ _ ___ ____..,..__..,........._, ,_.~,_.' _...._,_ '. _.n"_ _ __ _ _ __ _.._~_ .._._~._.___.__ _ ___,_.._...______ ___..__________ ____...._
COUNCIL INFORMATION MEMO
February 2, 1994
Item No. 11
TO: The Honorable Mayor and City Council
VIA: John Goss, City Manager?
FROM: Bob Leiter, Director of Planning ~(
SUBJECT: Resource Conservation Commission Recommendations for Improving the
Environment
The Resource Conservation Commission has prepared a report which is on the February 8,
1994, Council agenda. The RCC is provided with staff support by the Planning Department,
and Doug Reid, Environmental Review Coordinator, provided general assistance to the RCC in
their preparation of this report.
In reviewing the report with representatives of the City Manager's office and other department
heads, it appears that there are several issues that warrant further discussion with the RCC, both
to provide them with additional information regarding current policies and practices, and to
obtain clarification from the Commission regarding their specific concerns.
Therefore, we are supportive of the recommendation of the RCC Chairman, to have these
matters referred to appropriate staff for further analysis and recommendations, and we would
plan to work directly with the RCC to clarify their issues and concerns.
RECOMMENDATION:
Staff supports the recommendation of the Resource Conservation Commission (RCC).
RAL/m
(rccreco.cim)
//--/
.__0_____ ---_.._---~---_..._-----'''-
COUNCIL AGENDA STATEMENT
Item II
Meeting Date 2/8/94
ITEM TITLE: Resource Conservation Commission Recommendations for Improving the
Environment
SUBMITTED BY: John K. KraCh~~irman
BOARDS/COMMISSIONS RECOMMENDATION: That Council refer these
recommendations to agencies, staff, commissions, boards or committees as appropriate.
DISCUSSION:
At the January 10, 1994, RCC meeting, the Commission by unanimous vote accepted the
attached recommendations for improving the environment of Chula Vista. I will be available
at the Council meeting to answer any questions you may have and to discuss these issues. These
recommendations were drafted by individual members of the Commission, reviewed at a
workshop meeting, and acted upon by the Commission at a business meeting.
FISCAL IMPACT: Not applicable.
(rccreco.al13)
11-1 /1/<3
-_._" .--..--..--..--------..--....------------------..--..--~--------_._---,~
1
To: City Council
Subject: Recycling
Backaround. The City's curbside recycling program does not take
mixed paper. This includes cardboard, writing paper, mail, and
packaging, basically all other paper products. Residents of the
City of San Diego can recycle these in their curbside program.
Recommended Actions. (1) Encourage city Council to expand
efforts to recruit clean non-polluting industry to use mixed paper
as a basic input product. (2) The city should update their
curbside program to include mixed paper, and issue a new recycling
container to residents for this purpose.
//- 'f //)//~
_._._._._.~_._ _._._...__..___....._...____'_'.._._.___n___
2
To: City Council
Subject: Compost
Backqround. The City of Chula vista recently imposed a
mandatory yard waste program on its residents. The objective is to
reduce the amount of organic material unnecessarily being dumped at
either the otay Landfill or that is diverted to commercial
application.
In the meantime, there is a growing amount of composting/ed
material available outside the otay Landfill for public use. The
material is available at no cost. Users must provide their own
containers and transportation.
Recommended Action. Monthly, the city deliver full containers
of this composted material to two or more locations within the city
limits. Material containers would be dropped off mid-day on Friday
and retrieved the following Monday. Compost would be available at
the locations for individual residential purposes. Perhaps senior
citizens could provide hand-out materials and be available to
answer non-technical questions on use of compost.
By bringing the compost back to the user's home territory,
residents might be more receptive to use of the compost and
acceptance of the yard waste program.
possible site locations might be allied businesses such as Home
Depot or Nurseryland.
This action should be evaluated following not less than two months
of availability.
I/-/P
--_._~"-_._-~._._..__._-_..,-_._------ ---+---.._.~-~-
3
To: City council
Subject: Purchasing
Backaround. Earlier this year, a Public Notice appeared in the
Chula vista Star-News publishing the revised purchasing policy for
the city. There was no definitive statement on procurement of
recycled materials in that policy.
The former Conservation Coordinator, Athena Bradley, informed
members of this commission that there was an unwritten policy and
it "was too late" to change the published policy statement.
Recommended Action. The city take a firm, public position on
procurement of recycled materials for use in administration and
operations. We suggest that the statement be strongly worded in
manner similar to: "will afford precedence to procurement of
products containing post-consumer recycled materials. Exceptions
to this rule would apply only when the recycled material content is
prohibited by state or Federal regulations or does not meet
specific specifications of the user. When the price of the product
containing recycled materials is within 10 percent of the price of
the lowest qualified bidder or list price, preference will be given
to the product containing post-consumer recycled materials."
//-7
- -- -- ....-....-..-..--.-,--.-- .-.~-"~_.__._--------_..._,_. ---_._----_.~-----_.
4
To: city Council
sUbject: Recycling Coordinator
Backqround. The City of Chula vista established a position as
Recycling Coordinator who coordinated efforts on recycling amongst
residents, schools and businesses. The position is vacant.
Recommendation. Either fill the vacancy or let the residents
know how the void will be filled.
(Remarks: This item was submitted by RCC. The position has since
been filled.)
J/-~
^ _..__.o_m_ __________..__..___.______.__n_____·____··____··_··.__.__."
5
To: City Council
Subject: Conditional Use Permits
Backqround. Frequently, the RCC and Planning Commission are
asked to review projects that require conditional use permits
involving environmental concerns with little or no review mechanism
in place.
Recommended Action. Annually, City staff provide the Planning
commission and RCC with a status report of scheduled review of
conditional use permits.
(Remark: A Conditional Use Committee has been established. This
item could be incorporated in its recommendations.)
))--1
.-----.....-... -- ---- -- ...._----_...__._..,._,~_.._._-,-_._,_._--,,--_._~._..-
6
To: City Council
Subject: Brush Management Policy
Backqround. Fires in Southern California tend to promote brush
clearance by homeowners. Many Homeowners make the mistake of
planting vegetation such as Eucalyptus trees which have volatile
oils or planting other non-native vegetation and watering heavily
(which has a tendency to induce slide on steep slopes) . Clearance
of hillside Coastal Sage Scrub has also been recommended in fire
management policies in the past. Plants such as Eucalvptus, Arundo
donax, and Pampas Grass readily carry fire and appear to be
spreading in open space area in the City.
Recommended Action. Review the current brush management policy
to reduce fire hazards and communicate this information to citizens
through local media.
J)- / (}
-.- ---- ..._-~--_._._._.,_.__..~._-_._---_._--~-_._-_.-.__.- ----.---.-'''-
7
To: city Council
Subject: Landscape Policy
Backqround. Many non-native plant species are used in
landscaping. Some of the species used in landscaping readily
escape cultivation and become problems in natural habitats. The
Office of Technological Assessment for the Federal Government
released a report this year discussing negative effects of some
escaped or released exotics. In the county, various open space
parks are combating a few plant species in an attempt to maintain
native landscapes. Invasive exotic plants are becoming more
prevalent in open space. In the wetlands outside of the Chula
vista Nature Interpretive Center are three species easily capable
of changing the habitat that currently exists.
Recommended Action. (1) Review current landscape policies to
ensure that certain invasive species are not recommended for use or
are specifically discouraged for use adjacent or upstream from open
space areas. (2) Periodically promulgate additional information
relating to drought tolerant planting. (3) Review water management
policy. (4) Develop a long-range plan to remove invasive exotic
plants from all city owned open space lands.
//-//
".._.-..-..._~--. --..- -,~--_.,_._---_._..._._-_.._-------
8
To: city Council
Subject: Parks and Open Space West of 1-805
Backaround. Some older areas within the Chula Vista jurisdiction
are becoming run-down and buildings dilapidated.
Recommended Actions.
1. The city and School Boards should be encouraged to work
together to provide jointly used recreation facilities where
possible. This would be especially desirable in the area west
of 1-805 where playground space is at a premium as it would
reduce costs to both entities.
2. When housing infill is done in the western part of Chula
Vista, funds collected toward parks should be used to help
purchase open space west of 1-805.
3. City Council, encourage improvement and provide incentives to
upgrade existing housing in older neighborhoods.
J/'-/~
_··_...."__m......__.. _,~____,___,__..___.."'_..__..,' "~.._,_~."__________.
9
To: City Council
Subject: Responsibility of Elementary and High School District
regarding Chula Vista Environment
Backaround. The School districts provide one of the most
organized bases for education of our children. While there has
been considerable effort in the past to encourage curriculum
changes to include environmental issues and practices, the
management of the districts appears to disregard the requirements
imposed on the rest of the community.
According to fragmentary information provided by city Staff
(Recycling Coordinator), the educational facilities are not subject
to the same rules and regulations to which the residents are
subject. If correct, we are living by double standards.
Recommended Action. Review the California statutes for
inconsistencies between standards and requirements of the
educational facilities toward the community. If there are, indeed,
inconsistencies, communicate with those districts and request
compliance with rules of the community. Subjects include walkways
clear of overgrown weeds and similar issues.
/!-JJ
".__..._-------_.,.--"._.._--_._..._---"-~_.--~-.---
10
To: City Council
Subject: City Landscaping
Backaround. The city of Chula vista has imposed a mandatory
yard waste program that encourages mulching to reduce the water
requirements in landscaping. It does not appear the the city is
requiring enforcement of this policy. At the City Hall complex and
at least at the fire stations on East J and Oxford, the mulch
material is carefully removed and "disposed of."
Recommended Action. If the city imposes requirements on its
citizens, it is reasonable to comply itself.
Recommend use of composting material as mulch in all city
facilities and recommend San Diego County facilities within the
Chula vista sphere also comply as a "good neighbor" policy.
//- ) 1
.··__.._O..__.___^ .. -------_....,,_._.~..._-_.-
11
To: City Council
SUbject: Land-Use
Backqround. The quality of life of the residents of Chula vista
has been deteriorating due to the spread of urbanization. This can
be seen in air quality, traffic congestion, scho~l overcrowding,
and the lack of natural landscapes which not only provides us with
a buffer from urbanization but also is essential habitat for the
other species in our biotic community.
Recommended Action. The City take a positive position on the
preservation and restoration of natural habitats. These habitats
include the otay Ranch, Bayfront, otay River Valley, etc.. The City
should aggressively seek funds for a otay Ranch Ecosystem
Restoration Project. Funds should be sought from Federal State,
and Local governments as well as non-profits such as the Nature
Conservancy.
)/-15
---..- 0- ..___.....,..__"..,~ ..__.__.......__. _..
12
To: City Council
Subject: Brown Field Curfew
Backqround. Brown Field in San Diego has no curfew. That is
why on September 17, 1993, at 3:15 AM, a Mexican jet was allowed to
land there; the noise from this landing disturbed and awoke
residents many miles away.
A spokesman at Brown Field stated that there needs to be a curfew
there and the San Diego City Council could enact one.
Recommended Action. city Council communicate with the City of
San Diego recommending establishment of landing/take-off
limitations similar to those imposed at Lindberg Field.
//-/6
..._.__,.___.~.._._"_._.u___. "_,_______~._
13
To: City Council
Subject: Overcrowded Schools
Backqround. Chula Vista Schools are over-crowded. This
situation is associated with increased use of drugs, increased gang
activities, increased graffiti on city properties, and falling
standardized test scores in the city school district.
Recommended Action. City council communicate with Chula Vista,
Sweetwater School Districts and School Boards. Suggest positive
action toward reducing class size.
Future rezoning and General Plan Amendments should be subject to
availability of school facilities.
//~/ 7
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14
To: City Council
Subject: Buildings Lacking Aesthetic Qualities
Backaround. In the statement of Goals and Policies for the RCC
(2. 32.030 Band J) the RCC has been given the duty to "take all
action necessary to provide people with...enjoyment of aesthetic,
natural, and scenic qualities..." The new pier I Imports on Bonita
Road lacks these aesthetic, natural, and scenic qualities, and
should not have been approved.
Discussion. The Sweetwater Community Planning Group approved
design. There was no objection by Design Review Committee.
Recommended Action. city Council refer this to Design Review
Committee. RCC recommends DRC to consider environmental aesthetic
qualities in future deliberations.
J/-J'ð'
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~.oF A SCHEDULED REGULAR MEETING f'. \:.>'-'>
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,..... r;;' , ' '0.> --./-' Resource Conservation Commission ((_(, C~~7
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Chula Vista California ð~!::;:>,)~
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6:30 p.m. ~\¡~tJ· Conference Room #1
Monœy,JMwuy10, 1~4 Public Services Building
CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:38 p.m. by
Chairman Kracha. City Staff Environmental Review Coordinator Doug Reid called roll.
Present: Commissioners Hall, Kracha, Ghougassian, Myers, Burrascano. Absent Johnson,
Guerreiro. It was MSUC (Hal1IMyers) to excuse Commissioner Johnson from the special
meeting of December 6, 1993 Md tonight's meeting; 5-0. It was MSUC (Hall/Myers) to excuse
Commissioner Ghougassian from the last two workshop meetings; 5-0. It was moved Md
seconded (Kracha/Burrascano) not to excuse Commissioner Guerreiro from the last workshop
meeting Md tonight's meeting; 4-1, no-Myers.
APPROVAL OF MINUTES: It was MSUC (Burrascano/Myers) to approve the minutes of the
meeting of November 22, 1993; 5-0.
NEW BUSINESS:
1. IS-91-15 Negative Declaration - Bonita Hills Executive Estates. Kracha raised questions
on the lot lines Md division of property. Myers asked if the school district was satisfied
with the proposed project. She noted that letters œted 10/1190 Md 1014/90 received from
the school district were outdated Md requested new letters be submitted. Burrascano
raised concerns of mitigation for the revegetation work. She felt the negative declaration
is insufficient for the following reasons: it does not adequately address the study of
amphibiM Md reptile in the area, the individual impact of homes to open space with
endangered species nesting in low brush, no limitation as to whether the work will be done
during breeding season, Md the revegetation plM as it affects the sewage Md drainage
pipe. GhougassiM noted there has been considerable redesign of the project for
mitigation. He felt no need for the EIR Md further bureaucracy to delay the project.
It was moved Md seconded (GhougassianlKracha) to accept the negative declaration;
motion failed 3-2, ayes: Ghougassian, Kracha, Hall; nos: Burrascano, Myers.
Ghougassian noted that the project only includes eight acres Md about 12 homes, as
opposed to a large development. He felt that there is more economic interest to the
developer Md that the bureaucracy should not interfere in his objectives. The
environmental impact is not significant enough to delay the project MY longer.
It was moved Md seconded (Burrascano/Myers) to have this project go to a full
environmental impact report due to the deficiencies in the negative declaration Md the
impact to the schools. Motion failed 2-3, ayes: Burrascano, Myers; nos: GhougassiM,
Hall, Kracha.
J/- / I
. - H_.._________._...__ ~--~._-.__..-..,.,._-~,--
-
Resource Conservation Commission Page 2
Kracha suggested the applicant, Michael Demich, appear at the next meeting to answer
questions of the board. He further requested staff have the schools resubmit another letter.
It was MSUC (KrachalMyers) to table this item to the next meeting; 5-0.
2. The Environmental Improvement Recommendations was briefly reviewed with a few minor
clerical corrections: Condition Use Permit should be Conditional Use Permit; Brown Field
in San Diego (correct spelling and location); Landscape Policy - recommended for use (not
sue). It was MSUC (Burrascano/Myers) to accept the recommendations with the
corrections; 5-0. Myers commented that the schools issue was adequate, but not strong
enough.
STAFF REPORT:
Doug Reid stated that the CEQA guidelines update is delayed until spring because of a
major change in the policy.
CHAIRMAN'S COMMENTS:
Kracha requested staff have the new recycling coordinator attend an RCC meeting to be
introduced to the board.
ADJOURNMENT: The meeting was adjourned by Chairman Kracha at 7:40 p.m.
Respectfully submitted,
EXPRESS SECRETARIAL SERVICES
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,\
Barbara Taylor
/)- c20
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COUNCIL AGENDA STATEMENT
Item /0<.
Meeting Date 2/8/94
ITEM TITLE: Resolution I 73g'7. . Agreement with Merrick and
Approvmg an
Company for photogrammetry, surveying, and planimetric mapping
services.
SUBMITTED BY: Director of Public WorkS¡ ~
REVIEWED BY: City Manager~~i ~\o (4/5ths Vote: Yes_No--X.)
Referral 2759 and 2765
This Agreement is for photogrammetry, surveying, and planimetric mapping services which will
achieve several purposes. First, it will update two very important data sets, which are the sets
of maps showing topographic contours and orthophotos (aerial photos corrected for distortion).
Second, it will establish some much needed first and second order survey control points in the
city, and third, it will collect data on the sewer system and other city facilities which will be
used to support the city's infrastructure maintenance programs. All of this data will be in a
computer format so that it may be stored and maintained on the city-wide Geographic
Information System (GIS). As a part of the GIS system, this data will be developed into various
base maps and databases available to all city departments; and thereby supporting city staff in
providing accurate and consistent information to the public.
This agreement begins implementation of the third phase of the approved CIP project for the
city-wide GIS. The first two phases for design and acquisition of the city-wide GIS system
hardware and software were approved by previous Council action. As planned in the CIP, this
third phase is for data collection and updating of key and necessary information of the City's
valuable infrastructure assets. The city will derive many benefits by using the data on the GIS
system. One benefit is the improvement in service by providing more accurate and more
consistent information to the public; another significant benefit is the increased efficiency which
will result in operational cost savings over the long term. Many specific applications and
products will eventually be developed to meet the needs of the public as well as City staff. An
example of a specific product may be a map to promote economic development by showing
available vacant or unimproved properties in the City with zoning and other information of
interest to a potential developer or investor. Additional benefits and savings are listed in the
following discussion.
RECOMMENDATION: That Council adopt the resolution awarding an agreement in the
amount of $572,128 with the firm of Merrick and Company; and authorizing the expenditure
of $572,128 from the GIS project CIP; and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
/02 - /
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Page 2, Item ¡;Z
Meeting Date 2/8/94
DISCUSSION:
General
This agreement will achieve a major portion of the base mapping and database development
phase of the city-wide GIS CIP project, which is the third phase of the GIS project. As
presented at a Council Workshop on GIS (February 1992) and in the Council Agenda Statement
of April 27, 1993 and May 11, 1993 (see attachments of Council Agenda Statements and
Council Minutes), the overall GIS project is comprised of three phases: (1) system design, (2)
GIS system hardware and software acquisition and implementation, and (3) base mapping and
database development. The first phase, system design, has been completed. The second phase,
system acquisition and implementation, was approved by Council on May 11, 1993 and is near
completion. Both of these phases have been on budget as identified in the CIP detail sheet
(attached). Staff has been developing a parcel base map of the city with a link to the Assessor's
database; this base map of 44,000 parcels is expected to be completed by March 1994, at which
time the first major application for city-wide use will be available. This first application will
fully automate the radius search-mailing list function used by all departments; and will
consequently increase staff productivity by reducing the time required to perform this function.
As presented in previous reports, there are many benefits and savings from the city-wide GIS
project. The benefits and savings are both tangible and intangible, direct and indirect, and may
be realized in short and long term time frames. The following benefits and savings were
extracted from the May 11, 1993 Council Agenda Statement:
· Short-term (years 2-5 of project) savings are projected to be $430,600 annually (based on specific savings from
identified applications listed in the GIS Table of Applications).
· Long-term (years 5-10 of project) savings are projected to be $628,100 annually (based on specific savings from
identified applications listed in the GIS Table of Applications).
· A savings of $4.0 million is projected over ten years; this is the difference at the end of ten years between the
cumulative cost of continuing to perform tasks manually versus using the GIS to automate the tasks.
· The Benefit/Cost Ratio ranged from 2:1 to 4:1; which is the identified savings due to the GIS versus the cost
of the GIS.
· Productivity increases ranged from 2: 1 to 10: 1; this ratio is generally the efficiency difference due to automating
a manual process (i.e. manual updating of maps requiring one hour may only take twenty minutes using a GIS
resulting in a ratio of 3:1).
· The breakeven or payback period ranged from 3.5 to 8 years; which is the time required for the savings and
benefits from the system to pay for the cost or investment of the system.
· Average Rate of Return is 30%; which is the annual return of savings for the investment.
During the Council discussions of April 27, 1993 and May 11, 1993, which considered and
approved the second phase of the GIS CIP project, two issues were referred to staff. The first
was a question on why Sewer Funds were contributing to the GIS project (Referral 2759), and
since this was raised during the second phase, which was for the acquisition of the system
hardware and software, it is understandable that there may be some difficulty in visualizing how
/;(-~
_ _ _ ,__. _··_··_..,___..__..u___._." ___.___..~___u____,,~~__.._. ._,___._...__ ...._. _
Page 3, Item /;2..
Meeting Date 2/8/94
the sewer system will directly benefit from the GIS project. However, this third phase of the
project concentrates on the collection of infrastructure data, and will specifically collect data on
the sewer system and on the storm water system. In fact, it is because the sewer system is
mostly dependent on gravity flow that there is a need to determine the elevation of the
infrastructure. This and other data collected as part of the GIS project is important in the
operation and maintenance of the sewer system, and this is particularly true during an emergency
situation. For example, in the event of a hazardous materials spill that has somehow entered the
sewer system, it is critically important to be able to rapidly determine the underground locations,
connections, and flow parameters of the sewer system to respond in a timely and effective
manner. Another example of the use of this information in the GIS is in determining which
section of main (at the junction of two or three sections) will be affected first if the system is
blocked downstream so that the crews can then respond to avoid potential impact to
homeowners. This data in the GIS is similarly important for storm water runoff predictions, and
other flow or flooding determinations. Other uses include the development of applications to
support engineering analysis and design, and to support operations and maintenance of the sewer
and storm water systems. For example, some of the data collected will be used in a maintenance
management program to support the sewer crews in determining timely inspections and
maintenance schedules. Timely inspections and maintenance of the sewer mains promote the
life of the infrastructure or may identify potential problems such as infiltration before they
become major problems. In both these examples, the avoidance of having to prematurely
replace a section of sewer main or the avoidance of having to process additional effluent due to
infiltration, will ultimately benefit the rate payers of the sewer system.
The second issue referred to staff was regarding the allocation of the savings from GIS to the
funding sources of the project (Referral 2765). To address this issue, staff has been monitoring
the uses and products created by the GIS system. However, at this point there has been very
few uses or products because the GIS system is still in the early development phase, and staff
has been developing the core base maps and databases which is the basic foundation layer of
information necessary for all future development of data, applications, and products. Currently
being developed is the city parcel map consisting of approximately 44,000 parcels. This is the
first of several basic foundation layers and is expected to be completed by March 1994. Staff
will continue to monitor the benefits and savings derived from the GIS as the uses and products
increases; and will report more information on the benefits and savings realized as it becomes
available.
As mentioned earlier, this portion of the third phase concentrates on the sewer and storm water
infrastructure data; the City's other assets and infrastructure data such as street lights, traffic
signals, trees, street signs, etc. will be collected using a different method and will likely be
under another agreement in the next fiscal year.
Backr¡round
The City of Chula Vista normally uses and maintains various sets of information and base maps.
The intent of this project is to update several vital sets of base maps and databases, and to
provide new data necessary for better operation of the City. Specifically, this project will: (1)
densify existing survey controls by adding new survey control monuments of high accuracy
/;¿~3
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Page 4, Item /~
Meeting Date 2/8/94
throughout Chula Vista, (2) perform controlled aerial photography and triangulation which is
necessary to complete items (3)-(6), (3) create a digital elevation model based on elevation data,
(4) create contour data and maps, (5) collect planimetric data on city facilities such as sewer
manholes and storm drainage catch basins, and (6) create digital orthophotos. The area covered
by this project includes both the city and its General Plan area.
Most cities, especially the cities with growth, development, and other land changes, regularly
update their key sets of maps every five to eight years. However, the City of Chula Vista has
not updated two of its more important map sets in over twenty years, which are the contour map
and the set of orthophotos (orthophotos are aerial photos that have been rectified to correct any
distortions from lens angle at the time of the photography or from the edge of the camera lens).
Recently, cities such as Vista, and Escondido have had similar projects done. RUIS, the
Regional Urban Information Systems which is an agency of both the City of San Diego and the
County of San Diego, has within the past year also started a similar project of surveying,
planimetric mapping, and orthophotography for the City of San Diego Water Utilities
Department.
The densification of 1st and 2nd Order (highest levels of accuracy) survey controls will improve
the quality of the local geodetic control which is used by surveyors and engineers to locate and
reference their maps (i.e. parcel maps, final maps of subdivisions, Record of Surveys, etc.).
This is necessary because there currently are very few such controls in Chula Vista and because
these survey controls are needed to link the aerial photos to a controlled ground location. This
task is also important because it will provide the basis for updating the coordinates of the City's
base maps to the North American Datum of 1983 (NAD83) from the current basis of NAD27.
National standards have long required that survey control work be done based on NAD83; so
while map submittals for many years have been in NAD83 coordinates, it has been difficult to
properly incorporate these individual maps onto the base map using these coordinates.
The aerial photography and analytical aerotriangulation process is a necessary step because it is
the controlled aerial photography that produces the high resolution photo images which are then
processed through analytical triangulation stereo plotters to produce elevation data and terrain
models. This process of compiling maps by measurement of controlled aerial photos is known
as photogrammetric mapping, and is the accepted standard method for obtaining contour data
or developing topographic contour maps of large areas.
The digital elevation model (DEM) is a cartographic representation of the surface of an area
created from the elevation data. The DEM is an intermediate step toward the development of
the contour map, and in the future, it may be used for three-dimensional views and modeling.
One important base map set is the topographic contour map (scale: 1" =200') which shows the
elevation and shape of the land, and is used by many departments for planning, engineering
design, and other purposes. As mentioned earlier, the City of Chula Vista has not updated the
contour base map in over twenty years. This means that when considering grading, storm water
runoff, sewer system design, and other slope/contour related issues, very conservative
assumptions must be used in the decision making process. This contour map needs to be
updated to provide the latest information for on-going review, and because of new requirements
/02 -'/
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Page 5, Item /:2.-
Meeting Date 2/8/94
such as the National Pollution Discharge Elimination System (NPDES) program which requires
identification of potential pollution discharge locations.
Planimetric mapping is the collection of data that are visible and identifiable on aerial photos
such as roads, curbs, sidewalks, manholes, etc., and that can be compiled into map features
through photogrammetric procedures. The importance of this type of mapping is that it shows
the locational relationship of existing features to each other. The collection of this data is
necessary because there currently is no composite base map showing the locations of sidewalks,
curbs, and catch basins; and there is no complete inventory of sewer manholes. As more
infrastructure and street improvements are built, this information is becoming more and more
important for efficient infrastructure maintenance activity and scheduling.
The last important product from this project is a set of digital orthophotos. As stated earlier,
the last time a set of orthophotos was produced for the city was over twenty years ago. While
from time to time there are aerial photos taken for various purposes, these often only cover a
limited project area. The orthophotos, which are corrected for distortions, provide a more
accurate snapshot of the city's terrain. More importantly, the contour elevation lines are mapped
over orthophotos instead of over regular aerial photos because uncorrected distortions of the
regular photos may make the terrain or slope appear to be more or less steep than it really is,
resulting in inaccurate engineering calculations.
In summary, this project is a major investment in the maintenance of the City's valuable
infrastructure, and in the long term future of the City. The processes and products from this
project will update much of the old outdated data necessary for the management and operation
of the City. This data and other new data will be captured in a digital format so that it may be
incorporated into the GIS system so that future use and updating of the data will be much more
efficient. The long term effect of this investment will be in the significant benefits and savings
previously listed on Page 2 of this document.
Selection Process
The following information is a summary of the RFP and selection process, which resulted in the
selection of Merrick and Company to provide photogrammetry, surveying, and planimetric
mapping services.
A Request For Proposal (RFP) was developed that included the basic tasks for photogrammetry,
survey control, orthophotography, and planimetric data of the sewer and storm water systems.
In addition, planimetric data collection of the City's other facilities such as street lights, traffic
signals, street signs, transit furniture, etc. was a included in the RFP as optional tasks which at
the City's discretion, mayor may not be executed.
On November 6, 1992 staff issued this comprehensive request for proposals for photogrammetry,
surveying, and planimetric mapping services. The availability of the RFP was advertised in GIS
trade journals for several months and was also advertised in a local newspaper for five days.
Fifty seven (57) copies of the RFP were requested and sent to potential contractors. A pre-
proposal conference for the potential contractors was held on November 18, 1992 with the
/02~~
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Page 6, Item Irl-
Meeting Date 2/8/94
proposal due date of December 4, 1992. The following twelve proposals were received in
response to the City's RFP.
Total Cost
Proposal Evaluation (includes all options)
Mapping Automation and Professional Incomplete proposal (did not $ 124,500
Services bid on all required tasks)
Intera Incomplete proposal (did not 2,027,650
bid on all required tasks)
Pictorial Sciences of Arizona Incomplete proposal (did not 678,035
bid on all required tasks)
Horizons, Inc. Poor proposal (poor end- 700,595
product, poor methodology)
Greenhome & O'Mara Incomplete proposal (did not 980,290
bid on all required tasks)
Geonex Poor proposal (poor end- 814,061
product, poor methodology)
Rattray and Associates Incomplete proposal (did not 1,109,700
bid on all required tasks)
Merrick and Company On short-list (good end-product 880,200
good methodology)
Analytical Surveys, Inc. On short-list (fair end-product, 840,748
good methodology)
Digital Mapping, Inc. Poor proposal (poor end- 898,730
product, poor methodology)
Towill, Inc. On short-list (fair end-product, 1,182,564
good methodology)
Aerial Data Reduction Poor proposal (poor end- 1,240,585
product, poor methodology)
The Selection Committee was comprised of the following City staff and one member from
Caltrans: Cliff Swanson, Deputy Director of Public Works/City Engineer; Bill Ullrich, Senior
Civil Engineer; Fred Wong, GIS Manager; and Vance Breshears, District Surveys Engineer,
Caltrans.
The Selection Committee evaluated and rated all of the proposals on a points basis using a form
(see attached sample evaluation form) based on the pre-established criteria listed in the RFP,
which included: ability to fulfill the City's technical objectives, methodology and techniques
employed in meeting specifications, cost, company/team stability, references and experience,
qualifications of key personnel, quality control techniques, and general responsiveness to the
RFP. The evaluation resulted in three proposals being selected to the short-list for further
/c2 -?
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Page 7, Item /02-
Meeting Date 2/8/94
consideration. The three short-listed proposals were from the following firms: Analytical
Surveys, Inc., Merrick and Company, and Towill Inc.
The remaining nine proposals were eliminated from further consideration for the following
reasons. Mapping Automation and Professional Services, Intera, Pictorial Sciences of Arizona,
Greenhorne & O'Mara, and Rattray and Associates were eliminated as non-responsive partial
proposals because they did not address one or more of the tasks required in the RFP. Horizons,
Inc., Geonex, Digital Mapping, Inc., and Aerial Data Reduction were eliminated because they
were rated substantially lower than the top three proposals based on their methodology,
techniques, quality control procedures, qualifications of key personnel, and past experience.
Each of the three short-listed firms was then invited for an interview to discuss the project tasks
in detail. During this evaluation process, staff determined that the optional tasks, which were
to collect planimetric data on city facilities such as street signs, street lights, traffic signals, etc.,
would be more cost effective to collect at a later date using other methods; and therefore
eliminated the cost of the optional tasks from consideration. These optional data collection tasks
will be accomplished later using other more cost effective methods. For example, city staff may
collect some of the data by purchasing special data collection equipment which could also be
used in the future for on-going data maintenance; and/or another advanced technology method
would be to use GPS (Global Positioning System) with mobile video logging that would not only
provide an inventory and location, but may also be useful as a video reference of existing city
facilities (i.e. visibility of street signs, pavement conditions, etc.).
Based on the proposal evaluation, the interviews, and the cost without the optional tasks, the
Selection Committee has selected the proposal from Merrick and Company as the one that best
meets the requirements of the City, and is the lowest cost of the short-listed firms. In particular,
the project techniques and methodology proposed by Merrick and Company will result in
detailed data that is significantly above the standard specifications. This means the resolution
of the digital orthophotos are much better than the next highest rated proposal; therefore, more
of the street features and city facilities may be distinguished, and greater enlargements/"zooming
in" of the orthophotos may be achieved before the photo imagery breaks-up and becomes
indiscernible. Merrick and Company also has good experience in similar projects with other
municipal agencies.
Cost without
optional tasks
Merrick and Company $ 572,128
Analytical Surveys, Inc. 605,453
Towill, Inc. 908,389
The other two proposals that had been short-listed were ranked in the following order: rated
second is Analytical Surveys, Inc., and third is Towill, Inc. The Analytical Surveys, Inc.
proposal was good, but the resulting digital orthophotos would have a much lower imagery
resolution than the highest rated proposal because the methodology and techniques proposed
would have the aerial photos taken from a higher altitude. The Analytical Surveys, Inc.
/02 ~ '/
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Page 8, Item /;¿
Meeting Date 2/8/94
proposal was also rated second because it did not have the lowest cost. The Towill proposal,
rated third, was also a technically good proposal, but their cost is much higher than the other
two, and their experience in similar projects with local governments was not as extensive as the
other two short-listed firms which had much more experience in similar projects.
This phase of the project has taken several months longer than usual because of the highly
technical nature of the project and because of the dependency and sequencing of the data in order
to obtain a quality product. Throughout the evaluation procedure, and in surveying other cities
with similar projects, staff has realized the importance of understanding the technical processes
and details necessary in this type of project, and has consequently taken the time and effort to
learn and understand them. For example, the aerial photo camera must be calibrated and the
photos must be taken within a limited amount of camera tilt and within a limited amount of
altitude variance in order for the photo distortions to be rectified. The photos are then used in
a stereo plotter for a three-dimensional view of the terrain to pick out ridge line points and
elevation points. This elevation data is then used to create contour lines and digital terrain
models from which infrastructure slope design or drainage flows may be calculated. Each level
of data is derived from the previous data set and is therefore dependent on the quality of that
previous data set. While the contractor will be performing quality control steps as part of the
process, it will be the responsibility of City staff to critically review and approve or reject each
data set prior to its use for the next step. Most cities contract a consultant to perform the
Quality Assurance (QA) review; however, staff has determined that it would be beneficial to
perform the QA process in-house, and has therefore spent several months to study the technology
and processes in detail and has used this knowledge in the evaluation and final selection of the
contractor for this project. This knowledge and understanding will also be fundamental in the
inspection and acceptance or rejection of each data set.
Prior to the RFP and throughout the evaluation procedure, other cost savings opportunities were
investigated, including a possibility of utilizing some orthophotography and photogrammetry
from the City of San Diego Water Utilities Department. Through RUIS, the Water Utilities
Department had a similar, but limited project, performed about a year ago. A detailed
investigation into all the ramifications of sharing their data revealed that their orthophoto
resolution was significantly lower due to the following factors: 1) a higher aerial photo altitude,
2) no contour information was produced, 3) the photos only covered two narrow corridors where
their water mains traverse through Chula Vista, 4) much extra work would be required to blend
in their photos to new photos from this project, 5) their photos were taken a year ago and since
that time there has been significant land development in the area of their photos resulting in
outdated and inconsistent photos which would need to be merged to a new photo set, 6) no sewer
or storm water facilities data was collected in their area photos, therefore, the area covered by
their photos would have to be rephotographed. All of these negative ramifications eliminated
the possibility of using their limited data set.
The attached Agreement with Merrick and Company reflects the above reduction, includes a
performance bond, and retention of 10% of payment for all phases until final acceptance of the
fully completed project. In addition to a San Diego area subcontractor performing the surveying
work, Merrick and Company has agreed to use "local" labor resources (i.e. local temporary
employment agencies) for temporary help to accomplish the marking of utility features, such as
sewer manholes, catch basins, and survey control points by painting them so that they may be
):2-íJ'
- - ~._..~ ._-_.._...~--,-~--_.__._-_.__....._---_.- -- ."--. ---".--
Page 9, Item 1c2-
Meeting Date 2/8/94
recorded and seen on the aerial photos. The City of Chula Vista has not contracted with
Merrick and Company for any other services in the past.
FISCAL IMPACT: This action would authorize the expenditure of $572,128 of previously
appropriated funds in the GIS project CIP. All of the funding sources are from non-General
Fund sources as identified in the CIP Detail Sheet for the GIS Project and is specified in
Attachment 1. The savings and benefits from this project are listed on Page 2 of this Council
Agenda Statement.
Attachment: \ CIP Funding for Merrick Agreement (Attachment 1)
I Financial/Party Disclosure Statement
Agreement with Merrick and Company
GIS CIP Detail Sheet
Project Evaluation Form
Previous Council Agenda Statements and Council Minutes of 5/11/93 and 4/27/93
S Memorandum to Council on Status of GIS Project dated 10/5/92
2;
FW: File NP-OOl
/:2- c¡ II:;' - /õ
- "~-,----- --~. - -'---"'- .----~._-"--_._...- . -.- -- --~..-
RESOLUTION NO. /?3~/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
MERRICK AND COMPANY FOR PHOTOGRAMMETRY,
SURVEYING AND PLAINIMETRIC MAPPING SERVICES,
AND AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, the subject agreement is for photogrammetry,
surveying and planimetric mapping services which will achieve:
0 updating two very important data sets showing
topographic contours and orthophotos
0 establishing first and second order survey control
point in the city, and
0 collecting data on the sewer system and other city
facilities which will be used to support the city's
infrastructure maintenance program
WHEREAS, this agreement begins implementation of the
third phase of the approved CIP project for the city-wide GIS,
which phase is for data collection and updating of key and
necessary information of the City's valuable infrastructure assets.
NOW, THEREFORE, BE IT RESOLVED that the City council of
the City of Chula Vista does hereby approve an Agreement with
Merrick and Company in the amount of $572,128 for photogrammetry,
surveying, and planimetric mapping services, a copy of which is on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the city Council does hereby
authorize the expenditure of $572,128 of previously appropriated
funds in the GIS Project CIP (GG104) as shown in Attachment 1.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to xecute said
agreement for and on behalf of the City of Chula vi
Presented by by
John P. Lippitt, Director of l.ty
Public Works
C:\re\.errick
.
);2.-//
- ___ _~__"__~~_.._~_.""._,...,___,~__.._..._._ .'".__, ___ ..__n_____·_
Attachment 1
CIP Funding for Photograrnmetry, Surveying, and Planimetric Mapping Merrick
Agreement
CIP GGl 04 - GIS Proiect Fundinl!
250-2501-GGl04 Gas Tax $13,228
404-4040-GGl 04 SCOOT 13,228
600-6007 -GG 104 Special Sewer CIP Fund 384,988
600-6008-GG 1 04 Trunk Sewer CIP Fund 111,000
621-621 O-GG 1 04 Transportation DIF 20,000
995-9950-GG 104 RDA TCI 16,456
996-9960-GG 104 RDA Otay 13,228
Total: $572,128
/,2-)2
-- --~--.-_.~._--~ -------,,,._-----------
-L T£ /)Î I~
From the Office of the City Attorney
City of Chula Vista
Memorandum
Date: Fob","" 8, 1994 ~
From: Bruce M. Boogaard, City Attorney
To: Honorable Mayor and Councilpersons
cc: City Manager
Public Works Director
Joseph Garcia
Re: Response to referral from Joseph Garcia re propriety of certain sewer-related
funding matters, and certain procedures used by the Council at public meetings.
Referral No. 2772
Background:
At the City Council meeting of May 11, 1993, the City Council approved an agreement
with ESRI, Inc. to provide the hardware, installation, and program software to permit the
Geographic Information System ("GIS") to operate.
At that meeting, Joseph Garcia expressed various concerns, a copy of which is attached
hereto, with the item as herein paraphrased.
Items of Concern and Responses thereto:
The matter was referred to my Office for an investigation and report. Our responses are
bolded below the paraphrased concern, as follows:
.
garcia2. wp Response to Mr. Garcia's Concerns
February 8, 1994 Page I
/oZ-lô
- ---- ----..----...---.--.". -_.~_.__..,.__.--
A. Was ESRI, Inc. properly chosen as a consultant?
Response: Yes, the City's consultant selection process and policy was properly
followed.
1. ESRI has "carte blanche", once they have their foot in the door" on a
$295,731 contract, to get the balance of the budgeted amount of $2,400,501.
Response: We disagree. ESRI provided the hardware and software to run
the system for approximately $281,772, and provided a ¡axed price 5 year
maintenance and support agreement. They can offer special programming,
if we should need it, at add on rates, but it is not expected that we will need
it. If we do, they are committed to providing it at ¡axed hourly rates agreed
to in the agreement.
a. We will have to return their software if we terminate them per Article
11.
Response: Generally, ownership of software is not sold. It is licensed
for use. So Mr. Gjlrcia's statement is true but it is true of most all
software deals. Other arrangements for the ownership of the software
are very expensive and, although offered in this case, was not thought
to be cost efficient inasmuch as we were able to negotiate for the
ownership of the software code in the event ESRI goes out of business
or becomes bankrupt.
b. Article 25 poses hazards for the City.
Response: Article 25 gives the City the right to the software source
code if ESRI goes out of business or files for bankruptcy. We think
Mr. Garcia believes it would be difficult to get the source code in such
event and wanted a copy of the source code deposited with an
independent trustee. This is a good idea with rare, specialized
software and will be incorporated in future contracts if negotiable
where appropriate. In this case, it is not felt to be a serious omission
because (1) generation of the ESRI source code is available without
additional programming; (2) ESRI is a substantial company that has
been in business for at least 20 years; (3) the source code is constantly
being updated so ~ deposit requirement would be outdated unless
constantly supervised; (4) the software type is readily replaceable with
other software that can be run on our existing hardware and which
can read the databases which we will generate.
garciaZ. wp Response to Mr. Garcia's Concerns
February 8, 1994 Page 2
/ 2-~/Lf
---.-.- -~-~--~---_...- ----. ----
B. Are sewer charges being used to fund non-sewer operations?
Response: Yes, but only by market rate loans from the sewer reserves while they
are otherwise idle, being built up to fund Metro Sewer improvements, or our own
sewer improvements.
1. Voice Massaging System.
a. The Voice Massaging System was paid for with a $50,000 loan from
sewer fund which loan was at 6% interest, had a 5 year amortization, and
was repayable from PFDIF.
Response: This was considered to be a fair market rate loan.
b. The pretense that the Voice Massaging System is a "backup" in the
case of an emergency involving the sewers is not valid.
Response: This was not offered as our strongest justification for
borrowing against the Sewer Fund. The Council is the best judge of
this rationale.
2. Excessive reserve is unnecessary.
Response: This Office believes that the "large" reserve which we are
developing will only be a small part of what we will need to pay for sewer
upgrades eventually, and the Council's policy of "ramping up" the increases
in order to avoid a sudden hugh increase is valid.
3. Geographic Information System.
.
a. The Sewer Fund is bearing a disproportionate part of the GIS System.
Response: This Office disagrees and believes that there are controls
in place that will require that the GIS System will provide value to the
various Funds paying for it in proportion to the amount each such
fund contributes to its cost.
(1) The Sewer Fund is only supposed to bear 56%, and is starting
off bearing 67%
Response: This is generally correct, but the sewer fund will be
the first fund to get the benefit of the GIS System so that the
garcia2. wp Response to Mr. Garcia's Concerns
February 8, 1994 Page 3
,
/ 2-/~
~--_. ----------_._-------~,_._-- ---- -~-~-~~._- .._-~--,--_._.-
initial costs being charged to the sewer funds is proportionate
to the timing at which the benefits will be received by the sewer
system.
b. The GIS Program is too expensive. National City is mapping their
sewers for $40,000.
Response: National City only video tapes their sewers, and so do we.
This GIS System will determine angle and rate of fall,
interconnections, closure points, and much more.
c. Residents have not had enough time to study the GIS Proposal
sufficient even to frame questions before it got Council approval on two
successive Tuesdays.
Response: This is probably correct. To correct this transgression, we
gave Mr. Garcia a personal tour of the GIS System to acquaint him
with the power and purpose of the GIS System.
C. Conduct of Public Meetings. ,
1. A system needs to be in place for a resident/taxpayer to have more than 5
minutes to address the City Council on these important issues.
a. Section 31 ° of the Charter.
Response: A person desiring to address the Council can request
additional time, make organized presentations, request pre-meetings
with staff, request continuances, etc, which the Council can entertain
on a case-by-case basis. We believe that the Council's broadbased
noticing policy which tends to trigger the aforementioned procedures
generally does not allow the 5 minute time limitation at Council
meetings to become a problem.
2. The procedure of removed items from the Consent Calendar and placing them
at the end of the agenda (typically late in the evening) precludes practical
participation by the public who have to get up early the next day. Removed items
should be discussed early b~fore the consent agenda is passed.
Response: The Council may wish to reorder the business before them at the
beginning of each meeting based on the nature and extent of public interest
in, and the amount of staff required to "service", each item of business
garcia2. wp Response to Mr. Garcia's Concerns
February 8, 1994 Page 4
I L-I b
,-, ....... -_._..--..~,-.--~--,. -,.,-...------..-.--.-
before them that evening, rather than the order of presentation set forth in
the agenda. To accomplish, the agenda could provide a place for taking
requests for priority from the public and staff at the beginning of the
Agenda.
.
.
garcia2. wp Response to Mr. Garcia's Concerns
February 8, 1994 Page 5
12-rf
_. .··___···_____'_._...M"'_______.._..__.-."_____.,_,.,.._____._______.
. ·rl .,. ,
. fYlHe " \
. . ,.
CITY OF CHULA VISTA 6/01/93 0)
COUNCIL REFERRAL ORIGINATOR: ADMIN
REFERRAL NO: 2772 LEAD DEPARTMENT: CITY ATTORNEY
REQUEST FOR INFORMATION ON LEGAL BASIS FOR CITY ACTIONS: Respond to
the concerns expressed by Joseph Garcia regarding the legality of
loaning sewer funds to non-sewer related activities, the Procedures
for selecting consultants, and limiting the amount of time the
public has to address the Council.
MANAGER DUE 6/22/93 COUNCIL DUE ORIGINATION DATE 5/25/93
ASST. PUBLIC WORKS ASST. 2 ADMINISTRATION
REFERRAL DETAIL
Under the Written Communications of 5/27/93, a letter dated 5/12/93
from Joseph Garcia, 484 Fifth Avenue, was referred to staff to
respond to the concerns expressed therein. Specifically, the
legality of utilizing sewer funds for non-sewer related activities,
the procedure utilized by Council to award the Environmental Systems
Research Institute, Inc. (ESRI) contract and the procedures and
placement of items on the Council agenda, as well as time allotted
for the public to respond.
cc: Louie Vignapiano, Director of Management and Information
Services
DISPOSITION
COMPLETION DATE: c::>i- ~ - q..f COMMENTS: Re.pcR. PRo vi Del) TO c..ou III c.. I <-
At ti..s ~-~- q<J. fY\ee..:t ì t..z:J
DEPT. HEAD SIGNATURE: ~I ~'N SIGNATURE,
/z:-/~
- - ___u_ -,' - -"- _._._+._._._-_._~ .. ....----- ,.,-~.._----_......~-
. - '.. '
.
.
May 20, 1993
TO: The Honorable Mayor and City counCi~\
FROM: John D. Goss, City Managerj1Þ 'b\ .-
iJ
SUBJECT: City Council Meeting of May 25, 1993
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, May 25, 1993. Comments regarding the Written Communications
are as follows:
Sa. This is a letter from Mrs, Mildred Hook, Chairman of the Visually Impaired
Group at Fredericka Manor requesting a sound signal for pedestrians at
Third Avenue and E Street. Sound signals for the visually impaired were
installed at Third Avenue and F Street in 1990 at a cost of approximately
$4,500 plus labor. This appears to be a pedestrian safety issue.
THEREFORE, IT IS RECOMMENDED THAT THIS LETTER BE FORWARDED TO THE SAFETY
COMMISSION FOR REVIEW.
5b. This is a letter from Joseph Garcia of the People's Lobby questioning
usage of sewer funds for various City projects, Due to the complexity of
the quest ions ra i sed in Mr. Garc i a's letter, and the need for further
analysis by the City Attorney and Public Works, IT IS RECOMMENDED THAT
THIS LETTER BE REFERRED TO STAFF FOR EVALUATION AND REPORT BACK TO
COUNCIL.
5c. IT IS RECOMMENOED THAT MARIA CAPETANAKIS' RESIGNATION FROM THE
INTERNATIONAL FRIENOSHIP COMMISSION BE ACCEPTED WITH REGRET AND THE CITY
CLERK BE DIRECTED TO POST THE VACANCY IMMEDIATELY IN THE CLERK'S OFFICE
AND THE LIBRARY, IN ACCORDANCE WITH THE PROVISIONS OF THE MADDY ACT.
JDG:mab
/2--/9
_.,,__~__,__.__.__._ _ _ _._····m..'·_.___.·____ -...---..
" '. \' \ .i.<~'¡-f~~·-1 C.r.u· Æ r. ¡.J:.
. -. \ '-''11 _
~
i
"
DEDICATED TO GOVERNMENTAL AND ENVIRONMENTAL ISSDES ~/~~
12 May 1993 ,,µ
COPIES TO:CITY COUNCIL
NEWS MEDIA . TAXPAYERS
Mr. Bruce Boogaard, City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
Dear Mr. Boogaard:
~his letter is in reference to City Council proceedings of
May II, current, conducted at City Ball.
~he issues I wish to address and ask your legal opinion,
are in reference to the ESRÌ, (Environmental Systems
Research Institute, Inc.), contractual agreement and
procedure by the City Council, in awarding said contract,
the bidding procedures employed by the City Staff in
arriving at a designated contractor, the use of Sewer
Funds for funding city operations, not totally related to
Sewer Tax collections, and the designation on the City of
Chula Vista Council Meetings Agenda, Council Item/Issues
procedures and placement for enactment and discussion
under the Consent Calendar and Items/Issues removed from
the Consent Calendar for later discussion.
We, the Taxpayers of this Community, have been led to
believe that the increases in Sewer Taxes, collected by
the Sweetwater Authority and forwarded to the City
~ Treasurer, have been necessary because of the sewer rate
~~~? increases and contributions to the City of San Diego Waste
/'~ í'~ Management District. These taxes, we have been told, are "
computed on a flow rate basis of millions of. gallons per.
day, plus an annual fee, to the San Diego Metropolitan
c.c. . Sewer District. Sewer Taxation, we are led '·to believe, <
! ~i for direct sewer related costs., .
, ryPBut this 1s not so. Chula Vista City Staff
. - t:ttt;: Administration, on February 9, 1993, adopted Resolution
. '16984, on the Council Agenda's Consent Calendar, and
". the City of Chula Vista, awarding the contract. to ATEL,
Inc.
The City Council authorized a -Loan from the Sewer Fund-, ~
in the amount of $50,000.00, to be paid back to the Sewer 'L· L,/
Fund, in a period of five-years and a loan interest rate~l7
of six percent, from Public Facility Development Impact
/2--20
. -----------.-.'..,----..----..-.--.-.---.---".. -----
~ ,
. .
cont'd (2)
~)
Fees.
QUESTION? What Statutory Authority does the City Council
have, to collect and/or taz the people of this Community,
Chula Vista, under the aegis of a Specific Taz Levy, and
then begin a program of continual borrowinq, from that
Specific Fund, for other City Ezpenditures, not related to
the collection of that Specific Taz?
The Sewer Taz collected from the residents of Chula Vista,
is obviously greater than is necessary for Sewer Services,
or you would not be BORROWING from that Fund with the
provisions of restoring the monies, with Interest.
The Sewer Taz is being collected under SUBTERFUGE, to
raise revenue for City Operations, not related to the
Sewer costs.
There is currently, in the Sewer Taz Account, City of
Chula Vista Finance Department, approzimately, Eight
Million, siz hundred and eighty seven thousand, seven
hundred and seventy siz dollars, ($8,687,776.00), as of
March 1st, 1993., according to the Director of Finance,
Mr. Lyman Christofer.
In last nights action before the City Council, May 11,
current, the City Council appropriated monies for an
agreement with, ESRI, Inc. , for a GIS System, in the
amount of an initial, $283,544.36. In accordance with
the query by Mayor Nader and Councilman Moore, City
Manager Mr. John Goss stated. that Fifty-Siz Percent (56\)
of the appropriation would be from the Sewer Fund and
would be a directly related ezpense factor, attributable
solely to sewer mapping.
However, you are in effect taking $624,133.00, from the
Sewer Fund for the Initial Funding of the GIS System, for
the first year, Fiscal 1992-1993. Since you do not have
first year Development Impact Fees, you are borrowing
from the Special Sewer Fund 221 for non-ezistent DIF,
thus making the total from the Sewer Fund, $1,622,103.00
and/or 67.5 Percent, and not 56 Percent, and you are back
dating these appropriated funds for fiscal year 1992,from
this current date.
SEWER FUND TAXES AGAINST THE RESIDENTS OF CHULA VISTA,
ARE UNJUSTIFIABLY HIGH, AND ARE BEING USED AS A BANK UPON
walCH TO FLOAT LOANS FOR OTHER CITY OPERATION EXPENSES.
I question, Mr. Boogaard, the right of the City Council,
to unduly penalize and impose taz duties, under the guise
of SEWER TAXATION, on the Citizens of this Community, for
the purpose of creating a BANK. 5b';¿
/2-ZI
...-H" -.._.~_. .._---_..__._~---_."-,----
. ., ..
.
\ cont'd (3)
Another :Item in the G:IS Agreement with ESR:I. Xnc. , is
that the bids shown. appear to be for a basic start-
up kit, with the ESRI bid residing at $295,731.00, but
will entail an amount for completion of $2.400,501.00.
Since the City is committed to the initial costs with
this company, subsequent ezpenditures are carte blanche
for ESR:I. since they at this point have control of the
program. and in addition, under the agreement. they
maintain ownership to the software, manual. and related
documentation, and must be returned to them if the City
or the Contractor (ESR:I). terminate the agreement as per
Article 11 of said agreement. notwithstanding the hazards
to the City of Article 25.
:I firmly believe that the City Staff have not protected
the city too well in these negotiations. We are paying a
significant amount.
There are some matters that need to be answered and the
City Council is not disposed to permitting the Tazpayer,
enough time on the floor to ask too many questions. This
issue will have to be addressed. City Administration is
handling close to a Hundred Million Yearly Budget. and a
Tazpayer, in many instances, are gaveled down after five
minutes. The Tazpayer is providing the Taz Dollars. and
have very limited say so. This can't possibly be right,
and must change for the betterment of this community.
Section 310 of the Cities Charter gives the Citizens of
this Community. the right to participate, without being
restricted or gaveled down, merely because the Council
does not want to listen to criticism or inquiries into
it's decision making.
:I wish to point out to you. and :I enclose an article that
appeared some time back in the news media. on the very
successful and innovative way, that the City of National
City is employing to map their Sewer System. The Sewer
Department is doing the actual work. and look at the
cost. $40.000.00. plus VCR tapes. No fancy programs.
complicated software. or consultants.
.
The City of Chula Vista could simply invest in the same
system. profit from the ezperience of National City, and
reduce very significantly. the cost of the GIS program.
Would the City of Chula Vista be interested, or would it
be too frugal a program for our City Staff and Council?
Let me touch, Mr. Boogaard, on the Voice Messaging System
I mentioned earlier in this communique. Mr. Goss. City
Hanager. stated at that meeting. that it would be very
useful for backup. in case of emergency. Entirely not
so. Voice messaging is used for message forwarding and b J
voice mail. or to connect to a given department through a ~ ~
systems directory.;.·. I do not believe that it would be
successful for emergencies. Try calling the City of
Pomona, 'and then 'let ready to 'for'let it'.
/2- 22.
.....-....-.... -_.._.,-_.._---,-,,-,,--"'--_...~-_.~-_.__._~~
cont'd (4) ¿ .. ..
, .
. . .
My conclusions, Mr. Boogaard, on the GIS System, is that
it is complicated, it encompasses many facets of
operation, is very costly, and the Taxpayers of this
Community were not given sufficient time to study and
digest, it'. contents in order to address inquiries
regarding it'. need, at this time of economic stagnation
in this country, and this county. Passed on two
successive Tuesdays, is Dot enough time.
The City Council has taken to removing Items from the
Consent Calendar, and moving those Items for discussion,
to the very last, on the Council Agenda Program.
THEY 'l'BUS, SUCCEED, IN DISCUSSING COUNCIL MATTERS, CITY
CODE AMENDMENTS AND RESOLUTIONS, AT TWO O'CLOCK IN 'l'BE
MORNING, WHEN ALL 'l'BE TAXPAYERS ARE ASLEEP, AND THERE ARE
NO PUBLIC REPRESENTATIVES IN THE CHAMBERS OF THE COUNCIL.
MR. BOOGAARD , 'l'BIS IS MALFEASANCE BEHAVIOR. THE CITY
COUNCIL DOES NO'!' HAVE THE RIGH~, '1'0 USE SUREPTI'J:IOUS
MEANS, '1'0 ACCOMPLISH IT'S ENDS, AND DEPRIVE THE PEOPLE OF
REASONABLE NO'!'ICE BEFORE 'l'BEIR PUBLIC FORUM, OF
PARTICIPATING AND/OR WITHIN A REASONABLE TIME DURING THE
DAY OR EVENING, OF LISTENING EITHER IN PERSON OR EARLY
RE-BROADCAST ON PUBLIC CHANNEL 24, ON WEDNESDAY NIGHTS. IT
SHOULD NOT BE DONE IN THE WEE HOURS OF THE MORNING, WHEN
1'1' IS UNCOMMONLY UNREASONABLE '1'0 DO SO, AND PASS
LEGISLATION IN THE DARK OF THE NIGHT, UNNOTICED.
THE PLACE FOR DISCUSSING ITæ,s REMOVED FROM THE CONSENT
CALENDAR , IS BEFORE THE CONSENT CALENDAR IS ENACTED. AN
ITEM REMOVED FROM THE CONSENT .CALENDAR SHOULD TAKE
PRECEDENCE, OVER THE CONSENT CALENDAR , BECAUSE 'l'BE
PARLIAMENTARY ACTION IS OF THE MOMENT, AND IT SHOULD NO'!'
BE PROPER TO ASSIGN IT AS THE LAST ORDER OF BUSINESS FOR
THE DAY.
Pulling important items from the consent calendar for
late discussion, looks more like a SCAM procedure and
should be invalid, as not being NOTICED, reasonably, to
the people. I will ask that you address this matter for
the meeting of May 18th, current.
I will conclude at this time. My objection to' the use of
sewer funds for other than their intended purpose, may
intensify through legal process.
SEWER TAXATION SHOULD BE REDUCED, AND THE SURPLUS SHOULD
BE RE'l'URNED '1'0 'l'BE TAXPAYERS OF THIS COMMUNITY. THE
SEWER TAX IS '1'00 HIGH AND CANNOT BUT CAUSE HARDSHIP FOR
MANY PEOPLE WITH LIMITED FIXED INCOMES.
, 5J'i
. Garcia, 484 Fifth Avenue, Chula Vista, Ca 91910
420-2535 Fax 1 (619).427-7553
/2 -23
~..- ....._....._----,-,.._~_.-
~ BAYFRONT CONSERVANCY TRUST
1000 Gunpowder Point Drive
Chula Vista, California 91910
CHULA VISTA
NATURE (619) 422-8100
CENTER FAX (619) 422-2964
~ -
-
STEPHEN NEUDECKER, PH. D.
EXECUTIVE DIRECTOR
MEMORANDUM
DATE: JAUARY 25, 1994
TO: MAYOR TIM NADER, CHAIRMAN OF THE BOARD
FROM: EXECUTIVE DIRECTOR ~
SUBJECT: BCT BOARD APPOINTEES
Per your direction I have followed up on candidates to fill the two open seats on
the BCT Board of Directors. Those seats are #5, a person appointed by the City
Council to represent the interest of the university educational community who
shall have employment experience in environmental sciences education and #6,
a person appointed by the City Council who is a member of an environmental
organization. Larry Dumlao was the Representative of the Environmental
Community (Sierra Club) and Isabelle Kay was the Representative of the
University Community (University of California, San Diego).
Following standard procedures, on October 1, 1993 you wrote to Dr. Thomas Day,
the Chancellor of San Diego State University and asked him to identify a strong
candidate for the appointment. He has nominated Dr. Pattrick Abbott of the
Department of Geological Sciences. Mter speaking with Dr. Abbott, I am
convinced that he would make an excellent addition to the Board.
At your request I contacted Isabelle Kay of the San Elijo Conservancy and she
would be honored to serve as the new Representative of the Environmental
Community. We would be glad to have Ms. Kay on the Board as well. Please
present these names to the City Council for appointment to the Board as soon as
possible.
I have attached copies of our Articles and By-Laws for your use as needed. Your
prompt attention to this matter will be most graciously appreciated.
/~.-/ /
_.·__.._m.._.__....._ n' _..._.____..__......n___ .....' ..._...._____'__.'.m__w
RESTATED ARTICLES OF INCORPORATION
OF
CHULA VISTA BAYFRONT CONSERVANCY TRUST
The undersigned, being the Executive Director of the Chula Vista Bayfront Conservancy
Trust, an officer of the Corporation whose position and authority has been established by the By-
Laws of the Corporation, does hereby certify that the following sets forth the Articles of
Incorporation as amended to the date of filing of this certificate with the Secretary of State:
.. Article I--Name
The name of this corporation is Chula Vista Bayfront Conservancy Trust.
Article ll-Nature and Purpose of Organization
A. This corporation is a nonprofit public benefit corporation and is not organized for the
private gain of any person. It is organized under the Nonprofit Public Benefit Corporation
Law for public and charitable purposes.
B. The specific purposes for which this corporation is organized include, but are not limited
to: preserving land for scientific, ecological, recreational, scenic and open space
opportunities; engaging in the restoration, enhancement and preservation of the
Sweetwater Marsh complex; receiving and holding dedications of land; and
increasing public knowledge of and support for natural resource conservation.
Article llI-Limitations of Powers of Corporation
A. The corporation is organized and operated exclusively for charitable purposes within the
meaning of Section 501(c)(3) of the Internal Revenue Code.
B. Notwithstanding any other provisions of these Articles, the corporation shall not carryon
any other activities not permitted to be carries on (1) by a corporation exempt from federal
income tax under Section 501(c)(3) of the Internal Revenue Code or (2) by a corporation
contributions to which are deductible under Section 170(c)(2) of said Code, or the
corresponding provisions of any future statute of the United States.
C. No substantial part of the activities of this corporation shall consist of carrying on
propaganda or otherwise attempting to influence legislation; nor shall the corporation
participate or intervene in any political campaign (including the publishing or
distribution of statements) on behalf of any candidate for public office.
Article IV-Board of Directors
The Chula Vista Bayfront Conservancy Trust shall be governed by a Board of Directors.
The Directors shall not be elected by the members, but shall be designated as to their
numbers, representative capacities, voting rights, and such other rights by the By-Laws of the
Corporation, which rnay from time to time be established and amended at the discretion and
majority vote of the Board of Directors. In the absence of such alternative designation in the By-
Laws, the Board will consist of (1) the Mayor of Chula Vista or his/her designee, who will also be
the Chairman; (2) an appointee of the San Diego Unified Port District, who shall serve ex officio;
/~,~
._..._...,____.~"" ._ ._____.,_.__..___~. w.__._~.______._ ...________
(3) an appointee of the County of San Diego Board of Supervisors; (4) a representative of the private
land ownership north of "G" Street within the Coastal Zone; (5) a person appointed by the City
Council to represent the interest of the university educational community who shall have
employment experience in environmental sciences education; (6) a person appointed by the City
Council who is a mernber of an environrnental organization; (7) an appointee of the State Coastal
Commission; (8) a citizen-at-Iarge appointee of the Chula Vista City Council; (9) an appointee of
the Department of Fish and Game; (10) the Manager of the Sweetwater Marsh National Wildlife
Refuge, (11) a representative of the City Council of the City of National City, and (12) a
representative from the volunteers of the Chula Vista Nature Interpretive Center.
Article V--DissoIution of Trust
A. The property of this Corporation is irrevocably dedicated to charitable purposes, and
no part of the net income or assets of the corporation shall ever inure to the benefit of
any director, trustee, mernber or officer of this corporation, or to any private person.
B. Upon the dissolution of the corporation, any assets remaining after payment of, or
provision for payment of, all debts and liabilities shall be distributed to a governrnental
entity described in Section 170(b)(1)(A)(v) of the Internal Revenue Code, or to a non-
profit fund, foundation, or corporation which is organized and operated exclusively for
charitable purposes, which has established its tax exempt status under Section
501(c)(3) of the Internal Revenue Code, and which is qualified to receive "qualified
conservation contributions" within the meaning of Section 170(h) of said Code, or the
corresponding provisions of any future statute of the United States.
C. In the event of a liquidation of this corporation, all corporate assets shall be disposed of
in such a rnanner as rnay be directed by the court consistent with applicable provisions of
the Corporations Code."
Article VI-Amendment
A. These Articles and the By-Laws of the corporation shall not be amended, revoked or
otherwise modified without the approval of the City Council of the City ofChula Vista,
expressed by written Resolution issued therefrom.
The undersigned does hereby further certify that these Restated Articles of Incorporation of
the Chula Vista Bayfront Conservancy Trust ("'Restated Articles") are being made approximately
six years after the filing of the original articles of incorporation were first filed ("'Original
Articles"), after the appointment of a Board of Directors under the authority of the Original
Articles, and after the adoption of By-Laws by the Board of Directors; that no arnendments of the
Original Articles have occurred since incorporation; that these Restated Articles have been
approved by the Board of Directors at their meeting of July 25, 1992; that the amendment to the
Articles herein effected is one for which the approval by the Board of Directors alone is required
under the authority of Section 58122 (b) (3) by virtue of the fact that the Corporation has no members
and that no other person or persons are entitled or required to approve any amendments to the
Articles.
Dated: Julv 25 . 1992
Dr. Stephen K Neudecker
Executive Director
Bayfront Conservancy Trust
(Revised 7125192) /~'3
2
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October 13, 1993
Mr. Tim Nader
Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader:
In response to your October 1, 1993, letter, I would
nominate Dr. Patrick Abbott of the Department of
Geolo9Y at SDSU for the Bayfront Conservancy Trust
which represents the University Education Community.
I understand this slot will become available at the
next meeting January 25, 1994, running through the
November 1996 meeting.
Sincerely,
"\" ß~
Thomas B. Day )
TBD/djw
San Diego State University . San Dteg~ CA 92182-0711 L-1 j/.';:: -5
THE CALIFORNIA STATE UNIVERSITY / 5~ _ '( J a
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OlY OF
OFFICE OF THE MAYOR CHUlA VISTA
TIM NADER
.
October 1, 1993
Dr. Thomas B. Day, President
San Diego State University
San Diego, CA 92182
Dear President Day,
As the Chairman of the Bayfront Conservancy Trust (which operates the Chula Vista Nature Center), I am
pleased to inform you that a seat on our Board of Directors will soon be available for representation by
San Diego State University. The seat, a representative of the University Education Community, is a two-
year appointment that rotates between the University of California and San Diego State University. Your
last representative on the Board was Dr. Philip Pryde. The current university representative is Dr. Isabelle
Kay of UC San Diego and her term expires at the end of this year. The next term begins w~h the
January 25, 1994 meeting and runs through the November 1996 meeting. The Board meets on the fourth
Tuesday of every other month. A schedule of the 1993/93 meetings is enclosed.
Naturally, we are interested in a participative member from the field of environmental sciences who has
a strong interest in wetlands, public education and natural resource conservation. ~ is my understanding
that Dr. Patrick Abbott of your Geology Department has expressed an interest in the Board position to the
staff of the BCT. We believe that he has the right credentials, expertise and interest to become a member
of the Board. However, we would be happy to consider other candidates that you might identify.
A description of the BCT and Nature Center, a chronological history of the institution and a copy of the
bylaws are enclosed for your information. Our new brochure and some newsletters are also enclosed.
If you have any questions regarding this matter or need .more information, please call Dr. Stephen
Neudecker, Executive Director of the BCT and Chula Vista Nature Center. Your kind attention to this
matter will be most graciously appreciated.
Sincerely,
,¡;:::- /l.«~~
Tim Nader
Mayor
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Encls.
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276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 919101(619) 691-5044
-- ------ ._- ----.. -_..- - - - -- --~._..._-~--_.,-,-------
BY·LAWS
OF
CHULA VISTA BAYFRONT CONSERVANCY TRUST
ARTICLE I
NAMES, PURPOSES AND PRINCIPAL OFFICE
Section 1.1 Narne.
The name of this corporation is ChuIa Vista Bayfront Conservancy Trust.
Section 1.2 Purnoses.
The corporation is organized under the Nonprofit Public Benefit Corporation Law
of California exclusively for charitable and educational purposes, within the rneaning of Section
501(c)(3) ofthe Internal Revenue Code of 1954.
The specific purposes of this corporation include, but are not limited to, preserving
land for scientific, ecological, recreational, scenic and open space opportunities; engaging in the
restoration, enhancement and preservation of the Sweetwater Marsh complex; receiving and
holding dedications of land; and increasing public knowledge of and support for natural resource
conservation.
Section 1.3 PrinciDal Office.
The principal office of this corporation shall be located in the City of Chula Vista,
State of California, at an address to be established by resolution of the Board of Directors.
ARTICLE II
MEMBERSHIP
This corporation shall have no members.
ARTICLE III
BOARD OF DIRECTORS
Section 3.1 Powers.
This corporation shall have powers to the full extent allowed by law. An powers
and activities of this corporation shall be exercised and rnanaged directly by the Board.
Section 3.2 Number of Directors.
The authorized nurnber of directors shall be twelve (12).
Section 3.2 Selection of Directors.
The Directors shall not be elected by the members, but shall be designated as to their
numbers, representative capacities, voting rights, and such other rights by the By-Laws of the
Corporation, which may from time to time be established and amended at the discretion and
majority vote of the Board of Directors. In the absence of such alternative designation in the By-
J~"¿'
HO ._.._._.__._._.. --.-----------_._._.._._---~--,_...,--_.._._--._. .
Laws, the Board will consist of (1) the Mayor of Chula Vista or hislher designee, who will also be
the Chairman; (2) an appointee of the San Diego Unified Port District, who shall serve ex officio;
(3) an appointee of the County of San Diego Board of Supervisors; (4) a representative of the private
land ownership north of "G" Street within the Coastal Zone; (5) a person appointed by the City
Council to represent the interest of the university educational community who shall have
employment experience in environrnental sciences education; (6) a person appointed by the City
Council who is a member of an environmental organization; (7) an appointee of the State Coastal
Commission; (8) a citizen-at-Iarge appointee of the ChuIa Vista City Council; (9) an appointee of
the Department ofFish and Game; (10) the Manager of the Sweetwater Marsh National Wildlife
Refuge, (11) a representative of the City Council of the City of National City, and (12) a
representative from the volunteers of the Chula Vista Nature Interpretive Center.
Special provisions apply to the following numbered seats:
(4) At the time when special improvement districts are formed in the subject area, a
representative of the collective private ownership's will be selected by those owners.
(5) The Chairman shall request the Chancellor of the University of California, San Diego or
the President of San Diego State University to designate the representative of the
educational cornmunity. Said representative shall be alternated between the two
universities.
(6) The Chula Vista City Council will request, on a two-year rotation basis, a representative
from a regionally recognized organization whose aim is the protection and
conservation of the natural environment.
(7) and (9)
Those appointed may, but need not be the regional directors of the State Coastal
Commission or Department of Fish and Game, respectively.
(12) The volunteers of the Chula Vista Nature Interpretive Center shall elect a Docent, by simple
majority vote, and recommend that Docent's appointment by the Chula Vista City
Council for a two-year term.
Section 3.3 Term of Office of Directors
The Mayor of Chula Vista, serving as a director by virtue of his/her elected public
office, shall be a director during hislher entire tenure as Mayor and shall be succeeded as a
director at the same time as he/she is replaced as Mayor. The term of directors shall be two (2)
years.
Section 3.4.1 Each director shall hold office until the expiration of the term for
which appointed, and until a successor has been appointed or elected.
Section 3.4.2 Appointed directors may be removed at any time by the appointing
power during their term.
Section 3.5 Vacancies.
A vacancy shall be deemed to exist in the event that the actual number of directors is
less than the authorized number for any reason, including resignation or removal of the director
by hislher appointing authority. Notice must be given to the Board of the removal of a director and
the identity of the new appointee-director.
(Revised 7125192)
2 /.5ã -7
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Section 3.6 Meetings.
The meetings of the Board of Directors shall be open to the public and held in
accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq.
Section 3.7 Annual Meetinl1'.
The annual meeting of the Board of Directors shall be held on the fourth Tuesday of
September of each year.
Section 3.8 Regu1ar Meetin~s.
The Board of Directors, by resolutions, may establish a schedule of regular
bi-monthly meetings of the Board of Directors.
Section 3.9 SDecial Meetinl1's.
Special meetings of the Board of Directors may be called by the chairman, or by any
two (2) directors, by written notice delivered personally as well as by telephone, telegraph or
facsimile, to each of the directors, or mailed by first class mail at least four (4) days or more prior
to any such meetings. The notice shall state the time, place, and subject matter of such special
meeting.
Section 3.10 Quorum.
Five voting mernbers shall constitute a quorum for the transaction of business at
regular bi-monthly rneetings, except to adjourn as provided in Section 3.11 of this Article III.
Every act or decision by a majority of the directors present shall be regarded as the act of the Board
of Directors, subject to the provisions of the California Nonprofit Public Benefit Corporation Law
including, without limitations, those provisions relating to (i) approval of contracts or
transactions in which a director has a direct or indirect material financial interest, (ii) creation
of and appointments to committees of the board, and (Hi) indemnification of directors., A meeting
at which a quorum is initially present may continue to transact business, notwithstanding the
withdrawal of directors, if any action taken is approved by at least a majority of the required
quorum for that meeting.
Section 3.11 Adiournment.
A majority of the directors present, whether or not constituting a quorum may
adjourn any rneeting to another time and place. Notice of the time and place of holding an
adjourned meeting need not be given, unless the meeting is adjourned for more than 24 hours, in
which case personal notice of the tirne and place shall be given before the time of the adjourned
meeting to the directors who were not present at the time ofthe adjournment.
Section 3.12 Standard of Care.
A General. A director shall perform the duties of a director, including duties as a
member of any committee of the board on which the director may serve in good faith, in a manner
such director believes to be in the best interests of this corporation, and with such care, including
reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar
circumstances.
In performing the duties of a director, a director shall be entitled to rely on
information, opinions, reports or statements including financial statements and other financial
data, in each case prepared or presented by:
(Revised 7125192) /5~~r
3
--.'- --.---- .'.--,..---.-"'""...---.----..,.,.-....,------..,---.--....,- --- ,.-..-.....-..--.---
(1) One or more officers or employees of the corporation whom the director
believes to be reliable and competent in the matters presented;
(2) Counsel, independent accountants or other persons as to rnatters which the
director believes to be within such person's professional or expert competence; or
(3) A committee of the board upon which the director does not serve, as to
matters within its designated authority, which committee the director believes to merit confidence,
so long as in any such case, the director acts in good faith, after reasonable inquiry when the need
therefor is indicated by the circumstances and without knowledge that would cause such reliance
to be unwarranted.
A person who performs the duties of a director in accordance with the foregoing
shall have no liability based upon any faHure or alleged failure to discharge that person's
obligations as a director.
B. Non-Liabilitv of Directors. The directors shall not be personally liable for the
debts, liabilities, or other obligations of the corporation.
C. Indemnification bv COrD oration of Directors Officers Ernnlovees and Other
Ments. To the extent that a person who is, or was, a director, officer, employee or other agent of this
corporation has been successful on the rnerits in defense of any civil, criminal, administrative or
investigative proceeding brought to procure a judgment against such person by reason of fact that
he or she is, or was, an agent of the corporation, or has been successful in defense of any claim,
issue or matter, therein, such person shall be indemnified against expenses actually and
reasonable incurred by the person in connection with such proceeding.
If such person either settles any such claim or sustains a judgment against him or
her, then indemnification against expenses, judgments, fines, settlements and other amounts
reasonably incurred in connection with such proceedings shall be provided by this corporation but
only to the extent allowed, by and in accordance with the requirernents of Section 5238 of the
California Nonprofit Public Benefit Corporation Law.
D. Insurance for Coroorate Ments. The corporation shall have the right to
purchase and maintain insurance to the full extent permitted by law on behalf of any agent of the
corporation, including a director, officer, employee or other agent of the corporation, against any
liability asserted against or incurred by any officer, director, employee, or agent in such capacity
or arising out of the officer's, director's, employee's or agents status as such.
Section 3.13 Prohibited Transactions.
A. Loans. This corporation shall not make any loan of money or property to or
guarantee the obligation of any director or officer; provided, however, that this corporation may
advance rnoney to a director or officer of this corporation for expenses reasonably anticipated to be
incurred in performance of the duties of such officer or director so long as such individual would
be entitled to be reimbursed for such expenses absent the advance.
B. In addition to the above prohibition, the actions of a director or officer shall
comport with all applicable provisions of the Corporations Code, Government Code and the Public
Contracts Code.
Section 3.14 Comnensation.
At all times, fifty-one percent (51%) or more of the directors shall be persons who
have not been compensated, within the previous twelve months, by this corporation for services
performed for this corporation. In this Section, the term "persons" includes individuals related by
blood or marriage.
(Revised 7125192)
4 /~-9
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ARTICLE IV
COMMITTEES
Section 4.1 Committees of Directors.
The Board of Directors may designate one (1) or more committees, each consisting
of three(3) or more directors to serve at the pleasure of the board. Appointments to all committees
shall be made by a majority vote of the directors then in office. Any committee, to the extent
provided in the board resolution, shall have all the authority of the board, except that no committee,
regardless of board resolution may:
A. Fill vacancies on the Board of Directors or on any committee;
B. Expend any corporate funds for any purpose without the express
authorization of the Board of Directors;
C. Amend or repeal By-Laws or adopt new By-Laws;
D. Amend or repeal any resolution of the Board of Directors which by its
express terms is not so arnendable or repealable;
E. Appoint any other committees of the Board of Directors.
Section 4.2 Meetin~s.
Meetings and actions of committees shall be governed by and held and taken in
accordance with the provisions of Article III of these By-Laws concerning meetings of directors,
with such changes in the context of those By-Laws as are necessary to substitute the committee and
its rnernbers for the Board of Directors and its members. Minutes shall be kept of each meeting of
any committee and shall be filed with the corporate records. The Board of Directors may adopt
rules for the governance of any comrnittee not inconsistent with the provisions of these By-Laws.
ARTICLE V
OFFICERS
Section 5.1 Officers.
The officers of this corporation shall be chairman, vice-chairman, secretary and
treasurer. The corporation may also have at the discretion of the directors, such other officers as
may be appointed by the directors. Any number of offices may be held by the same person, except
that neither the secretary nor the treasurer may serve concurrently as the chairman of the board.
The chairman shall be the Mayor of Chula Vista or hislher designee. Officers of
the corporation need not be members of the Board of Directors.
Section 5.2 Election.
The officers of this corporation, with the exception of the chairman, shall be chosen
annually by the directors, and each shall serve at the pleasure of the board, subject to the rights, if
any, of an officer under any contract of ernployment. The officers of the corporation shall be
elected at the annual meetings.
(Revised 7125192) ;.s;-/tJ
5
n. _.__..,._.___,.~" -- -- ----,-_._--~-----~._--- ----.-------..---
Section 5.3 Remova1.
Subject to the rights, if any, of an officer under any contract of employment, any
officer, with the exception of the chairman, rnay be removed by a majority vote of the Board of
Directors pursuant to applicable law.
Section 5.4 Resignation.
An officer may resign at any time by giving written notice to this corporation. The
resignation shall take effect at the date of the receipt of that notice or at any later time specified by
that notice, and unless otherwise specified in that notice, the acceptance of the resignation shall not
be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of this
corporation under any contract to which the officer is a party.
Section 5.5 Vacancies.
A vacancy in any office for any reason shal1 be filled in the manner described in
these By-Laws for regular appointments to that office.
Section 5.6 ChaÍTman.
The chairman shall be the chief executive officer of the corporation, shall preside at
al1 meetings of the Board of Directors and shall, subject to control of the board, or subject 0 such
other actions as the board rnay take, generally supervise, direct and control the business and the
officers of the corporation.
Section 5.7 Vice-Chairman.
In the absence of the chairman, the vice-chairman shall preside at al1 meetings of
the Board of Directors, and shall, subject to the control of the board, have the powers and duties of the
chairman.
Section 5.8 Secretary.
The secretary shal1 keep a full and complete record of the proceedings of the board
and cornrnittees of the board, shall keep the seal of the corporation and affix the same to such papers
and instruments as may be required in the regular course of business, shall make service of such
notices as is required by these By-Laws or as may be proper, shall supervise the keeping of the
books of the corporation, and shall discharge such other duties as pertain to the office or as
prescribed by the directors. The secretary shal1 keep or cause to be kept, at the corporation's
principal office, a copy of the Articles of Incorporation and By-Laws.
Section 5.9 Treasurer.
The treasurer shall have charge and custody of all funds of the corporation, shal1
deposit such funds in the manner reqwred by the board, shal1 keep and maintain adequate and
correct accounts of the corporation's properties and business transactions, shal1 render reports and
accountings as required, and shal1 discharge such other duties as pertain to the office or as
prescribed by the directors. The books of account shall be open to inspection by any officer at all
reasonable times. The board may reqwre the treasurer to give the corporation a bond in the
amount and with the surety or sureties specified by the board for faithful performance of the duties
of the office and for restoration to the corporation of al1 of its books, papers, vouchers, money, and
other property of every kind in the possession or under the control of the chief financial officer on
his or hr death, resignation, retirement, or removal from office.
(Revised 7/25/92) --
6 /;?t:A- --- ) /
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ARTICLE VI
REPORT TO DIRECTORS
Section 6.1 Annual ReDort. The chairman shall furnish a written report within
120 days after the end of the corporation's fiscal year to all of the directors containing the following
information:
A. The assets and liabilities, including the trust funds, of this corporation as of
the end of the fiscal year;
B. The principal changes in assets and liabilities, including trust funds,
during the fiscal year;
C. The revenue or receipts of this corporation, both unrestricted and
restricted for particular purposes, for the fiscal year;
D. The expenses or disbursements of this corporation, for both general and
restricted purposes during the fiscal year;
E. The amount and circumstances of any indemnifications or advances
aggregating more than TWO THOUSAND DOLLARS (2,000.00) paid
during the fiscal year to any officer or director of the corporation.
The annual report shall be accompanied by a report on the corporation by
independent accountants or, if there is no such report, by the certificate of an authorized officer of
the corporation that such statements were prepared without audit from the corporation's books and
records.
Section 6.2 InsDection bv Directors.
Every director shall have the absolute right at any reasonable time to inspect the
corporation's books, records, documents of every kind and the corporation's property. The right of
inspection includes the right to copy and make extracts of documents.
Section 6.2.1 The corporation's books, records, documents of every kind shall be
public records available for inspection by the public.
ARTICLE VII
AMENDMENTS
Section 7.1 Amendment of Articles of Incornoration.
A. Proposed amendments to this corporation's Articles of Incorporation must
be submitted in writing to the rnernbers at least one (1) rnonth in advance of
the board meeting at which they will be considered for adoption. The a
majority ofthe members present at any meeting shall be required to adopt
an amendment to the Articles of Incorporation.
B. The Articles of Incorporation of this corporation shall not be amended,
revoked or otherwise rnodified without the approval ofthe City Council of the
City of Chula Vista, expressed by written Resolution issued therefrom.
(Revised 7125192)
7 /~;J;¿
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Section 7.2 Arnendments to Bv-Laws.
A. Proposed amendments to this corporation's By-Laws must be submitted in
writing to the directors and rnembers at least one (1) rnonth in advance of
the meeting at which they will be considered for adoption. By-Laws may be
arnended by the board without the approval of the members, except when
those changes affect membership interest. Members may also amend the
By-Laws. A majority vote of the directors or members present at a meeting
shall be required to adopt an amendment to the By-Laws of this corporation.
B. The By-Laws of this corporation shall not be amended, revoked or
otherwise modified without the approval of the City Council ofthe City of
ChuIa Vista, expressed by written Resolution issued therefrom.
ARTICLE VIII
MISCELLANEOUS
Section 8.1 Fiscal Year.
The fiscal year of this corporation shall end each year on June 30.
Section 8.2 Corporate Seal.
This corporation shall have a seal which shall be specified by resolution of the
Board of Directors. The seal shall be affixed to all corporate instruments, but failure to affix it
shall not affect the validity of the instrument.
Section 8.3 Execution of Checks.
Except as otherwise provided by law, every check, draft, promissory note, money
order, or other evidence of indebtedness of the corporation shall be signed by such individuals as
are authorized by the Board of Directors.
(Ilevised 7125192) ---
8 /!>&.-~)J
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February 3, 1994
Item 16c.
TO: The Honorable Mayor and City Council
, (£.
FROM: John O. Goss, City Manager~~~~
SUBJECT: Proposed JPA Creating San Diego Solid Waste Management Authority
Attached for your information is a copy of the beginnings of a JPA document for
the Interim Solid Waste Commission to discuss. The draft was presented on
February 3, 1994 for initial comment. The document corresponds with the item on
Tuesday's Council Agenda listed under Councilman Fox's comments.
JDG:mab
Attachment
/~ C- I
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~ t~'JMI~~ION DM
':t>ZiiløÆmrJ!i1~1;U~ª$j:m~;m~:R)~~~;~,Bfl!àmº¡gQÉ!i;~~QN¡
JOINT POWERS AGREEMENT BETWEEN THE CmES OF CARLSBAD,
CHULA VISTA, CORONADO, DEL MAR, EL CAJON, ENCINITAS, ESCONDIDO,
IMPERIAL BEACH, LA MESA, LEMON GROVE, NATIONAL CITY, OCEANSIDE,
POWAY, SAN MARCOS, SANTEE, SOLANA BEACH, VISTA AND THE COUNTY OF
SAN DIEGO CREATING THE SAN DIEGO CREATING THE SAN DIEGO SOLID
WASTE MANAGEMENT AUTHORITY
THIS AGREEMENT is made and entered into this day of ; 1994 by and
between the signatories to this Agreement, which are local governments in San Diego County,
acting through their respective legislative bodies ("PARTIES"),
WITNESSETH:
WHEREAS, each of the PARTIES to this Agreement is a "public agency" as this term
is defined in Section 6SOO of the Government Code of the State of California; and
WHEREAS, pursuant to Title 1, Division 7, Chapter 5, of the Government Code of the
State of California, commonly known as the Joint Exercise of Powers Act, two or more public
agencies may, by Agreement, jointly exercise any power common to the contracting PARTIES;
and
WHEREAS, each of the PARTIES hereto has the power, in addition to other powers
which are common to each of them, to site, develop, construct, operate and/or contract for
disposal sites, sanitary landfills, resource recovery facilities, transfer stations and other facilities
used for the collection and disposal of garbage, trash and rubbish generated within each of the
"PARTIES' territorial boundaries; and
WHEREAS, the California Integrated Waste Management Act of 1989 ("Act") requires
each of the PARTIES to prepare a source reduction and recycling plan which includes a landfill
siting element; and
WHEREAS, the PARTIES find that it would be to their mutual advantage and benefit
to work together and share costs to: (1) site, acquire, license, construct, operate and/or contract
for disposal sites, sanitary landfills, resource recovery facilities, transfer stations and other
facilities used for transportation, management and disposal of solid wastes and (2) prepare a
source reduction and recycling plan that meets the requirements of the Act; and
WHEREAS, it is the desire of the PARTIES to use any power that they have in common
which is reasonably Decl"5~ry and appropriate to aid in the accomplishment of these goals; and
WHEREAS, the PARTIES desire, by means of this Agreement, to establish a separate
agency and procedure to accomplish these goals; and
I &c- 2-
---.......-.....-.-.,.........------- .. -'-.'-...'-."-'- .,., .'..-.---..'.
ê~MM¡~~!ùN ~mr
NOW THEREFORE, based upon the mutual promises contained herein, the PARTIES
hereby agree as folIows:
1. PuJ1'Ose. The purpose of this Agreement is to establish an agency to be known
as the SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY ("SDSWMA") for the
purpose of: (a) siting, acquiring, licensing, developing, constructing, maintaining, operating
and/or contracting for SDSWMA disposal siles or sanitary landfills, resource recovery facilities,
transfer stations and other facilities used for transportation, management and disposal of solid
wastes, and (b) preparing and implementing a SDSWMA Solid Waste Management Plan which
meets the requirement of the Act, and (c) exercising all other appropriate powers reasonably
necessary to carry out the purpose of this Agreement.
2. Establishment of the A2ency/Comoosition of the Commission. There is hereby
established pursuant to the Joint Exercise Powers Act (Section 6400 et seq., of the Government
Code of the State of California) an Agency which shall be a public entity separate from the
PARTIES to this Agreement. The name of said agency shall be the SAN DIEGO SOLID
WASTE MANAGEMENT AUTHORITY, and shall hereinafter be referred to as SDSWMA.
The governing body of SDSWMA shall be a commission composed of one elected member of
the legislative body of each of the signatories. The Commission shall be the administering
agency for this Joint Powers Agreement, and, as such, shall be vested with the powers set forth
in this Agreement, and shall execute and administer this Agreement in accordance with the
purposes and functions provided herein.
3. Contracts with non-member a.g:encies. I!r~1!_-v:~,
.~............ 1.1&....
. .
. " ,.. . ..
. Xv;.;.>l ··-;,:}:,:.;.:.:<.>x.>..l
íilY1Pl.ir?I~§
IffR,ªªlíRmI*,IFJ§:9lttîi~m¡§.tI~fl~îf
4. Org:anization of the Commission.
The Commissioners shall:
(a) Elect a chairman, a vice-chairman, and a secretary, and such other officers
as the Commission shall find appropriate,. to serve the Commission at its pleasure for such term
as may be provided by Commission rule.
(b) Establish an Executive Committee, and such other committees as they shall
find appropriate. The Executive Committee shall make policy recommendations to the
Commission and may exercise any other power of the Commission delegated to it by bylaws
~~~;t.;~;¡iili.I.¡I..11'I1IItIJiI
2 /Gc-3
- --.- --.......-...---.-.--... ._."-_..~-_."-_.._.._._-_.
~úMM/~~I~N ùM
(c) Provide general directives for the work of such committees.
(d) Take appropriate measures to meet the ñnancial requirements of
SDSWMA.
5. Executive Officers. The Chairman of SDSWMA shall preside at all meetings of
the Commission and perform such other duties as the Commission shall instruct. The duties of
the Vice-Chairman and the Secretary shall be the usual and customary duties of such officers.
6. Treasurer and Controller. BíI~
7. General Manager. The Commission shan appoint a General Manager.
8. Genera] Counsel. The Commission shall appoint legal counsel.
9. Meetings.
(a) The Commission shall provide for reguIar meetings and special meetings
in acccrclance with the Ralph M. Brown Act, Chapter 9, Part 1, Division 2, Title 5, of the
Government Code beginning with Section 54950, or in accordance with such other regulations
as the legislature may hereafter provide.
(b) Each PARTY to this Agreement shall authorize and designate its
representative or representatives to vote for it at all meetings of the Commission.
(c) In addition, each PARTY to this Agreement shall designate one or more
alternatives, who shall have the power to vote in the place and stead of the designated
representative, or representatives, in his/her absence.
(d) Each PARTY shall file with the Authority a certified copy of the minutes
of the meeting or resolution reflecting the appointment of such representative or altemate(s)
provided each alternate is an elected member of the legislative body of each party.
10.
3 /bC -~
tf¡M~;¡~C¡mil r1~'A~r
:xl ¡;i¡¡ 0J, ,~. tI
11. Powers and Functions. SDSWMA shall have any and all powers authorized by
law to all of the PARTIES hereto, and separately to the Agency herein created, relating to the
acquisition, siting, licensing, construction, financing, disposition, use, operation, maintenance
and/or contracting for solid waste disposal sites, sanitary landfills for the disposal or recycling
of garbage, rubbish and trash generated within the boundaries of such PARTIES, and preparation
of a solid waste management plan that meets all the requirements of the Act. Such powers shall
include the common powers specified in this Agreement and may be exercised in the manner and
according to the method provided in this Agreement. All powers common to the PARTIES are
specified as powers of SDSWMA. SDSWMA is hereby authorized to do all acts necessary for
the exercise of such powers, including, but not limited to, any or all of the following: to make
and enter into contracts; to employ agents and employees; to acquire, construct, provide for
. maintenance and operation of, or maintain and operate, any buildings, works or improvements;
to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations;
to receive gifts, contributions and donations of property, funds, corporation and other forms of
assistance from persons, firms, corporation and any governmental entity; and to sue and be sued
in its own name; establish ordinances and regulations, and generally to do any and all things
necessary or convenient ·r:tßçìm\l.¡,gËIDY.figl',M9![S§iiî~mæ!J.1qiUi~1"'mm] to provide
landf1l1 sites for the disposal of garbage, rubbish and refuse.
~!~~!m~ll~lImti:m~gi~tgtlt.~I~m~.i;~~
Without limiting the foregoing generality, SDSWMA may:
(a) Acquire and dispose of all kinds of property and utilize the power of eminent
¡¡¡wIJ'..i~_lfl¡'11111I1{!m\m1IJmID1iBt~ì!!Tè~
(b) Issue or cause to be issued bonded and other indebtedness, and pledge any
property or revenue as security to the extent permitted by law under Article 2, Chapter 5,
Division 7, Title I (commencing with Section 6450) of the Governmental Code or otherwise
including, but not limited to, bonds or other evidences of indebtedness of a nonprofit corporation
issued on behalf of SDSWMA or any of its PARTIES;
(c) Obtain in its own name all necessary permits and licenses, opinion and rulings;
(d) Whenever necessary to facilitate the exercise of its powers, form and administer
nonprofit corporations to do any part of what SDSWMA could do, or to perform any proper
corporate function, and enter into agreements with such a corporation.
4 lfoc- S-
-"-.....---...---.--.--.---- ....__.,--_._-~_.-
t~MMl~~I~N ~M
12. Exercise of Powers. The manner in which the SDSWMA, shall exercise its
powers and perform its duties is and shall be subject to the restrictions upon the manner in
which a general law city which is a PARTY hereof could exercise such powers and perform
such duties; and shall not be subject to any restriction applicable to the manner in which any
other public agency could exercise such powers or perform such duties, whether such agency
is a PARTY to this Agreement or not.
13. 00ls. None of the debts, liabilities or obligations of SDSWMA shall be the
debts, liabilities or obligations of the PARTIES of SDSWMA unless assumed in a particular case
by ~lu?o~ of,~e~~ve~g b~y"~~ th~,P~~~Y !? ~.5har~~..111i~i~.~;;:~ß~!!
.tínS1l"'"muñaT_'^<'''»_=»···""tl···-=«··~~'.w:í:ñå1·tØ'''''iñ'ð(··········W············ "ß"'f!m"
ÎIÎli"@ìn¡Î.Tii'I,I~§rf~\lii.¡ÎlJf!I¡1tìæ~
14. Acouisition of Assets. [ê11irgiiªiñ~!
ïri<-"'V"~~~-ji^n-'i!''''''''''''''-'''"^''mÎÏí~v''~fi'Y~''ðI'i'^·'_~^~~"""~'.m. m...·..~,w··
j¡'Bt'1iiiii!!';;; .' .. iilii.!M'!ÏÙ {Jr" 'Ù¡ . .' ":.,Y':iI~"i.iuu·ti'äb.S:.!w,stä~ '''d
E9J1fm~!di !I~lld~.~lti:[I!J]I~JltI11~§lÌtij~![~¡ljiimlll,§JI~iñ~B!t~,~
B1~11WIªjUli.ilfØ~!it9:IfIJimªJi~~mŠ~[~1ÿªqiJJif!Uª~¡i
15. Wastestream Commitment. A PARTY shall deliver or cause to be delivered all
Acceptable Waste generated within their respective jurisdictions to the SDSWMA.
~..gY.iU!tI)~l.¡mm.!~ñ~ñ!ll'g~I\Iêi
16. Liability. m1lm!\Ë;!ÊËiiBJJ¡:t¡¡ª!9fii.,I,~[til:~tiiãiª!!l$J
Bm1D_äi.J_tCgli1mtiJ11ši
17 Withdrawal from Al!enc .Jœ1r:"-n~ii~ilnloo}"'*"il111W1r¡womêÞ1fln~.
. y..:·.,·.··...;.:....gª)f~lB~lt\t~_v;~:,J...~:Ji:1:.y. ~'.' .....:~;». .'.
.,-- .._,
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18. æ~f\1~*~~>~~tP9:I~~m(e"më_~
Add'f '. . ... .... ... . es .... .... ······tìØiß '. "} ...
1 10ns·~;~»1Yti SJtÇ.f..:-..jþ~'. ::'*h' ;.;:;~~;"...kLl~~L&~~~~ :,
19. Stiff. The staff of the Commission may be hired as full-time or part-time
employees of SDSWMA or the Commission may independently contract for the provision of
professional services as required. Staff may also be appointed to serve the Commission from
the existing staff of the PARTIES to be paid by the Commission or at the expense of the
employer PARTY. SDSWMA staff, other than employees of a party performing service for
SDSWMA, shall be hired, promoted, disciplined or terminated and shall have such rights of
employment as the Commission shall determine subject to any applicable provisions of federal
or state law.
m§IÎij~riMtt~~;(læill~~jmgBliïiqq~!rBt~19§1f:m'JiIDljl~fj
20. Accountability. SDSWMA shall be held strictly accountable for all funds and
shall make an annual report to all PARTIES to this Agreement of all receipts and disbursements,
all in accordance with Section 6505 of the Government Code and other applicable statutes,
utilizing sound account practices.
21. Dissolution. Upon dissolution of the SDSWMA as a legal entity, all debts of and
advances of SDSWMA shall be paid, and then the property of SDSWMA, whether real or
penonal, shall be divided among and distributed to all of the PARTIES who at any time during
the existence of SDSWMA PARTIES to this Agreement in proportion to the costs borne by each
such PARTY to the SDSWMA during its legal existence by non-reimbursed contributions made
pursuant this Agreement.
22. Insurance. The Commission of SDSWMA is authorized to and shall procure
general comprehensive liability and other insurance by such means and in such amounts as it
deems advisable to protect the SDSWMA and each of the PARTIES hereto, charging the cost
thereof to the operating costs of the SDSWMA.
23. Immunity. All of the privileges and immunities from liabilities, exemptions from
laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other
benefits which apply to the activity of officers, agents or employees of any such public agency
when performing their respective functions within the territorial limits of their respective public
agency when performing their respective public agencies, shall apply to them in the same degree
and extent while engaged in the performance of any of their functions or duties extraterritorially
under the provision of Article I of Chapter 5, Division 7 of Title I of the Government Code of
the State of California and as provided by law.
6 I~
"~--_.__.."-
t~M~"~~roN ~M
24. Breach. In the event that any PARTY to this Agreement should at any time claim
that another PARTY has in any way breached or is breaching this Agreement, the complaining
PARTY shall me with the governing body of the other PARTY, and with the Commission, a
written claim of said breach, describing the alleged breach and otherwise giving full information
respecting the same. The Commission shall thereupon, at a reasonable time and place, specified
by in, give all PARTIES full opportunity to be heard on the matter, and shall, upon conclusion
of said hearing, give the legislative or governing bodies of all PARTIES a full report of its
findings and recommendations. Said report, findings and recommendations shall be deemed
advisory only, shall not in any way bind any of the PARTIES hereto, and shall not be deemed
to establish any facts, either presumptively or finally. Upon receipt of said report and
recommendations, if any PARTY should be dissatisfied with or disagree with the same, the
legislative of governing bodies of the PARTIES in disagreement shall jointly meet with each
other at a reasonable time and place to be determined by them, for the purpose of resolving their
differences. No action for breach of this Agreement, and no action for any legal relief because
of any such breach or alleged breach of this Agreement, shall be filed or commenced, and
nothing shåll be done by any PARTY to rescind or terminate this Agreement, except as provided
in this Agreement, unless and until such PARTY has first given to the other PARTIES a
reasonable time, after the conclusion of said joint meeting of the legislative or governing bodies
that have met to resolve their differences, within which to cure any breach or alleged breach.
25. Severability. It is hereby declared to be the intention of the signatories to this
Agreement that the paragraphs, sentences, clauses and phrases of this Agreement are severable,
and if any phrase, clause, sentence or paragraph of this Agreement shall be declared
unconstitutional or invalid for any reason by a valid judgment or decree of a Court of competent
jurisdiction, such unconstitutionality of invalidity shall not affect any of the remaining
paragraphs, clauses, phrases, and sentences of this Agreement.
26. Notices. All notices required or given pursuant to this Agreement shall be
deemed properly served when deposited, postage prepaid, in the United States mail, addressed
to each PARTY at the address indicated on this Agreement adjacent to the signature line of each
PARTY. j
27. Duplicate Ori¡:inals. This Agreement can be executed in one or more duplicate
originals, each bearing the original signatures of the parties, and when so executed each
duplicate original shall be deemed an original of the Agreement admissible in court as evidence
of the terms of the Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the date first
above written.
7 I (PC - g
...--.-..... . ._._._.~-"-----_._.._-~---_..-._-._._-_.-- ,-,-.-....---.
RESOLUTION ) ,/.:1 g-~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH NIELSEN CAPITAL GROUP INC.
, ,
FOR PROFESSIONAL SERVICES RELATED TO THE FEASIBILITY STUDY
REGARDING A SHARED BIOTECHNOLOGY MANUFACTURING
FACILITY AT THE EASTLAKE BUSINESS CENTER AND AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT IN SUBSTANTIALLY THE
SAME FORM AS IS ATTACHED HERETO AND WITH SUCH OTHER
MODIFICATIONS AS THE CITY MANAGER AND CITY ATTORNEY MAY
AGREE UPON
WHEREAS, the City of Chula Vista City Council has directed staff to evaluate
the feasibility of establishing a HighTechnologylBiotechnology zone within the City of Chula
Vista to encourage the location and expansion of these targeted high growth industries in the
City, and specifically in partnership with the Eastlake Development Company for the Eastlake ~
Business Center; and ~
+-
WHEREAS, a High TechlBiotech Task Force, including representatives from the £
City Council, city staff, the high tech and biotech industries, and related legal and financial -f
expertise, have been meeting to accomplish the goals as directed by Council; and . ~
WHEREAS, the High Tech/Biotech Task Force has identified the pharmaceutical 4'1)
manufacturing industry as a targeted industry type due to the emerging need for facilities to l
accommodate biotech R&D firms moving into the manufacturing stage; and ~
Q.... ,
WHEREAS, the Nielsen Capital Group, Inc., team including the NSGI founder ~
and President, Mr. Bruce Carlin, Mr. John Tedesco of Amylin Pharmaceuticals, and Mr. Aron ft,~
Stmn, CFO of Protein Polymer Technologies have the combined desired expertise in the fields ,,-
of biotech facility planning, real estate development, corporate finance, investment banking, and
business planning to undertake the proposed specialized feasibility analysis. ..¡.. "
~+-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of W'
Chula Vista does hereby fmd, order, determine and approve the agreement with Nielsen Capital (
Group, Inc., and authorizes the Mayor to execute the agreement in substantially the same form
as is attached hereto and with s~ch other mOdificat!O~ the City Mana~e,r and the City j
Attorney may agree upon. S:ee.c<~<A£14. ~ C< ~~ a.__tL ,.u..C, û ~
f1--Hm-r<''d-"5fA....Q.t k <>.J..<.-l-tuYI~ d<h, VlAAk.... ~6~..fv $...ch..V\ 1"25 oç.(.k ,
BE IT FURTHER RESOLVED that the City Council hereby fmds that the
consultant selection process in §2.56.220 of the Municipal Code shall be waived in light of the
unique technical expertise of NSGI in the field of analysis which is the subject of this agreement.
,>
P=ENTED BY ED if F
Chris Salomone Bruce M. Boogaard
Community Development Director City Attorney
[C:IWP51ICOUNCILIRESOSINIELSEN.RESI /7- I
_,~_ _________n__.'___. . ..____..M._ .__._~__,__._________.,__._
FEB- 8-94 TUE 3:03 I P_02
February 7, 1994
M,. Cheryl Dye
Co unity Development Department
C F CHULA vrSTA
276 Fo Avenue /
Chula a. CA 91910
· Re: Fea.u· 'ty Study of a Shared Biotechnology ManufaC~ Facility
"-~ ~
City of Chula VISta is attemp' to kick off a
study on the potential securing multiple users for iotech tone In the I AI
EastLake Business Cent . The City wishes to con with Nielsen .
Capital Group for $18,500 r the Project Feasib' Study_ I ..
....
We encourage the City to puæ approa to study a creative ...
way to develop a vibrant emplo ent area. e are in run support of
working with tha City to accomplis this . In an effort to ,how our fASTlAKE
· support EastLake is prepared to offer na at support, BastLalœ agrees t ~ENI
fund on the City's behalf one half of t ntract. One half of the
contract is $9,250, Bastlake is willing ay this amount within thirty .
(30) days of full execution of the co ct een the City and Nielsen I
I
Capital Group. Should there be co 0 we would antidpate that I
the City would request our appro prior to ex eding the original
contract. \
,
This marks another effort by stLake Development ~mpany to show the
City that we are cooperative n assuring the ecònomic p perity of the
City of Chula VISta.
·
Please contact me re g the execution of the contract
te011S,
,
· ,
,
1
1 900 LOnð^va1UO
SUite 100
Q,uIa Vlslo.CA 91914
Wc9l421.(J127
619) 421·18."30
Exhibit A Nì-d~
to 0f(~~
Agreement between
City of Chula Vista ~ l-nC.
and ~ "'- ~-«(,,( (l~
~_1
L Effective Date of Agreement: February 8, 1994 .~
2. City-Related Entity: ~~ Æ ~~
.B ' t.,W ~u6.d-
<)Q City of Choia vista, a .=icipa1 ch=te~d corporation ~~
the state of California ~. _
f<1<-u
() Redevelopment Agency of the City of Chula Vista, a
political subdivision of the state of California
( ) Industrial Development Authority of the city of Chula
Vista, a
( ) other: , a
[insert business form]
("City")
3. Place of Business for City:
city of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Nielsen Capital Group, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
P. O. Box 83848
San Diego, CA. 92138
Voice Phone (619) 497-1232
Fax Phone (619) 291-0364
7. General Duties:
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 1
/7-2-
_.".~._. -..-~-~-~-.-.---...-------_.------- .'.-.-... ---~-.------_.-
See Exhibit A-1 attached hereto and incorporated herein by
this reference.
S. Scope of Work and Schedule:
A. Detailed Scope of Work:
See Exhibit A-1 attached hereto and incorporated herein by
this reference. To the extent Exhibit A-1 is inconsistent with
this Exhibit A, the terms of this Exhibit A shall govern.
B. Date for Commencement of Consultant Services:
(X ) Same as Effective Date of Agreement
( ) Other:
C. Date for completion of all Consultant services:
May 31, 1994
· Insurance Requirements:
9.
DQ statutory Worker's Compensation Insurance
( ) 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:
·
city shall cooperate fully with Consultant and shall provide
Consultant all such information available to it which Consultant
may reasonably request, but Consultant shall have no obligation to
make any such inquiry or be responsible for the completeness or
accuracy of any such information it receives from city. city shall
exercise its best efforts to assure cooperation of its managers,
Council and agents in Consultant's investigation efforts.
11. Compensation:
·
A. (X ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, city shall pay Consultant for the productive hours
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 2
· 17-3
of time spent by Consultant in the performance of said Services, at
the rates or amounts set forth in the Rate Schedule hereinbelow
according to the following terms and conditions:
(1) (X) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum Compensation
amount, Consultant agrees that Consultant will perform
all of the Defined services herein required of Consultant
for $18,500.00 including all Materials, and other
"reimbursables" ("Maximum Compensation").
Rate Schedule1
Category of Employee Hourly
of Consultant Name Rate
Bruce Carlin $160
John Tedesco $120
Aron stern $120
Phillip Puzzo $60
(X) Hourly rates may increase by 6% for services
rendered after February 8, 1994, if delay in
providing services is caused by city.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $ :
ld be ompleted in cas the main
sch is a "time and m ials arra for
requiring Additio Services.
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 3
/7 - tf
.---- --_...._._-~_..- --,-_._--~- ~._-
( ) 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 $ :
13. Contract Administrators:
city:
Cheryl Dye
Economic Development Manager
city of Chula vista
276 Fourth Avenue
Chula vista, CA. 91910
(619) 691-5037
Consultant:
Bruce Carlin, President
, Nielsen Capital Group, Inc.
P. O. Box 83848
San Diego, CA. 92138
14. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
c/
( ) Not Applicable. N~ a~ rFFC F~l~r.~
(X) FPPC Filer
· (X) Category No. l. Investments and sources of income.
( ) Category No. 2. Interests in real property.
the performance of
research and a ives
·
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 4
17,,5
·
( ) Category No. 3. Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.
(X) 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.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
15. (X) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
with the prior written approval of the City, Consultant may
engage additional consultants and professionals for this assignment
and recover the cost of ordinary and necessary expenses in
accordance with the terms of this Agreement.
17. Bill Processing:
A Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
(X) other: $9,250 due and payable 30 days after
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 5
;1-6
- -- ~._-_._--_...._-_. '-_._~_.__._----_.-. ------.---'" --. ---.- --'--'-"
~
effective date of contract. Balance due as provided in section ! '7
below. Amounts outstanding more than 10 days will be considered
past due.
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) ~5th Day of each Month
( ) End of the Month
( ) other:
C. City's Account Number:
~8. security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) other security:
Type:
Amount: $
(X) 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:
( ) Retention Percentage: %
(X ) Retention Amount: Balance owed on a time and
materials basis not to exceed $9,250.
Retention Release Event:
(X ) Completion of All Consultant Services
(X ) other: The date 30 days after the City's
acceptance and approval of the final
report.
·
2pty9A.nie
·
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, ~993 Page 6
/7-7
~,\d'ì' b ¡.¡.. 14 -I
Proposal to the
City of Chula Vista
For a Feasibility Study
Regarding a Shared Biotechnology Manufacturing Facility
Introduction
The Chula Vista City Counsel is pursuing the establishment of a high
technology/biotechnology zone to include the EastLake Business Center. The City, in
partnership with EastLake, is evaluating various incentive programs for attracting such
industry. This proposal is being submitted to allow the partnership to evaluate the
í feasibility of a shared biotechnology manufacturing facility at EastLake.
A number of local biotechnology companies have been considering their options for
manufacturing pharmaceuticals for use in Phase I and Phase II clinical uials. Several
local companies, including Telios Pharmaceuticals, IDEC Phannaceuticals and ISIS
Pharmaceuticals, have chosen to develop dedicated pilot manufacturing facilities. This
strategy has proven to be enonnously expensive, and has put large amounts of investment
capital at risk. Synergen invested $65 million in a Boulder, Colorado facility, only to
find their lead compound placed on "clinical hold" by the Food and Drug Administration
(''FDA''). The Telios facility is rumored to have cost in excess of $25 million, while the
IDEC facility cost approximately $15 million.
Other companies, including Amylin, have chosen to outsource their pilot manufacturing
requirements. Amylin's research suggests that there are a very limited number of
contract facilities available in North America, with none offering a Good Manufacturing
Practices ("GMP") facility suitable for fermentation through purification. There is good
reason to believe that strong demand exists locally, nationally, and internationally for
such services.
Given the complex, resource-intensive and protracted nature of the manufacturing
facility planning and development process, NaJI is submitting this proposal to perform
a feasibility study for a shared biotechnology manufacturing facility. For the purposes of
{mf~KL the proposed studies, this facility will be refeITed to as BioShare.
/7 -e-
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Proposal to City of Chula Vista
February 8, 1994
Page 2
Scone of Services PrQoosed
An organized approach to the analysis of the full aITaY of issues that must be considered
for the successful planning, financing and operation of BioShare, is proposed. This
Feasibility Study is outlined below:
PROmCf FEASffiILITY STUDY
I. Abbreviated Market Survey
a) local market
b) national market
c) international market
d) site selection criteria
II. Scope of Planned Operations and Services
a) scale
b) technologies (fermentation, mammalian cell culture, yeast, etc.)
c) biologics, drugs and diagnostics
r" d) support services (QA, QC, etc.)
, ( ) e) level of compliance (GLP, GMP, clinical or licensed product manufacture,
"'-~ ,<
drug development)
m. Alternative Fonns of Organization and Governance
a) government sponsored
b) government facilitated
c) industry sponsored
d) privately sponsored
e) for profit vs non-profit ownership entity
. IV. Roles for the City of Chula Vista
a) financial obligations
b) promotional obligations
c) operational obligations
d) land use issues
e) water availability issues
t) pennitting issues and facilitation
g) biohazard & chemical waste storage and disposal
h) acceptance by local residential community
i) possible University role
.
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NIELSEN CAPITAL GROUP, INC.
/7--q
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Proposal to City of Chula Vista
February 8,1994
Page 3
V. Roles for EastLake
a) water supply guarantor
b) investor (land, infrastructure, services, cash)
c) land developer
d) project sponsor
e) financial supporter of City's role in concept development and promotion
f) financial supporter of industty-sponsored project
VI. Financing Structure Alternatives
a) capital requirements (equipment, design, construction, land, working
capital)
b) seed capital sources
c) project equity financing
d) project debt financing
e) equipment lease financing
f) potential sources of federal funding
VII. Conclusions Reganling Feasibility and Recommendations
a) feasibility
b) scope
c) organization and governance
d) role of the City of Chula Vista
e) role of EastLake
f) recommended financing structure
Based upon the findings from the Feasibility Study, the City would be well positioned to
undertake the development of a complete business plan. Such a business plan would allow
the project to be funded, and the BioShare business established.
Work would commence on February 7, 1994 with an abbreviated Market SUIVey. Local
market requirements would be gleaned from direct discussions with local companies, and
through discussions with industty trade organizations, including UCSD Connect and the
Biomedical Industty CounciL Information regarding the national and international
markets will be gathered from national trade organizations, including the Biotechnology
Industty Organization ("BIO"), the FDA and industty CEOs attending BIO's Spring
meeting at Marco Island, Florida on February 16-18. Information reganling specific
companies will be collected on a standardized questionnaire to þelp insure data
consistency. SlImmary findings will be provided.
Based on an assessment of market requirements, a review will be made of the appropriate
,~;mlil scale for the proposed facility. The optimal number of concurrent production operations,
N I E L S E N CAP I T A I. GR"'· '''C'/7_ /0
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Proposal to City of Chula Vista
February 8,1994
Page 4
which can be supported by the market, will be evaluated. In addition, the desirable mix of
bacterial, ]1ßmm~Ii~J!. cell culture and yeast manufacturing processes and their respective
validation requirements will be studied.
The study team will then consider various forms of organization and governance for the
proposed facility. Various models for government-sponsored and government-facilitated
facilities will be compared with those utilized for industry-sponsored and privately-
sponsored shared manufacturing facilities. This work will include a review of shared
manufacturing facilities in the semi-conductor manufacturing, agricultural and
phannaceutical and biotechnology industries.
The City of Chula Vista's involvement in the proposed project will then be considered.
Issues ranging from financial guarantees, to water availability, to pennitting facilitation
will be studied. Discussions will be held with members of the City Council, the Cty
Attorney's office, the Economic Development organization, the Mayor's office, civic
groups and local university administrators. This way, we hope to be able to evaluate the
local government issues after obtaining a detailed understanding of such issues from
discussions with experts both inside and outside local governmental organizations.
Similar discussions will be held with executives from EastLake Development. These will
be focused on obtaining information about ways in which these entities can directly
participate in or facilitate the proposed project. Information regarding how this project
will fit into the master plan for EastLake will also be considered.
Once the operational issues have been studied, financing alternatives will be evaluated.
The first step will be to identify the capital requirements for BioShare. Specific financing
structures will then be identified. Finally, specific sources of public and private capital will
be discussed, along with their potential availability for BioShare.
Finally, conclusions regarding the project's feasibility and recommendations will be made.
Specific recommendations will be provided regarding the scale of operations, technologies
to be supported, the level of compliance that will be required, fonn of organization and
governance, and appropriate roles for the City of Chula Vista and the EastLake
Development Company. A specific financing structure will also be proposed.
NIELSEN CAPITAL GROUP. INC.
/'1-//
Proposal to City of ChuIa Vista
February 8,1994
Page 5
Schedule And Bud~et
The budget for the Feasibility Study work is outlined below:
Abbreviated Market Study (including travel expenses) * $4,500
Scope of Planned Operations and Services 2,000
Alternative Forms of Organization and Governance 2,000
Roles for the City of ChuIa Vista 3,000
Roles for EastLake 2,000
Financing Structure Alternatives 2,000
Conclusions Regarding Feasibility and Recommendations 3,000
Total $18,500
* Travel expenses to BIO CEO meeting, Fort Myers, Florida, February 16 to 18, 1994.
Assuming a February 7 start, our schedule calls for the Feasibility Study to be completed
in 16 weeks. (See Gantt chart on following page). Sections will be released for comment
as each is completed. We would not attempt to develop conclusions and
recommendations until client feedback was incorporated into the primary investigations.
... .
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Proposal to City of Chula Vista
February I, 1994
Page 6
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NCGI Team
NCGI staffmg for this project will consist of NCG's Founder and President Bruce Carlin,
with support from other NCGI professionals and administtative staff, and scientific,
engineering, legal, accounting, design and other consulting professionals. Mr. Carlin will
act as the overall Project Manager for this project, and will coordinate the resources of
NCGI and its consultants.
Mr. Carlin has over 18 years of experience in structuring and executing complex
corporate finance and facilities transactions. He has been retained as an advisor to more
than a dozen public companies on matters ranging from diversification to the
development and financing of corporate facilities. In addition, he has provided expert
testimony in regulatory proceedings in ten states on the cost of equity capital and
management prudence regarding major capital investments. He has ananged financing
from a variety of institutional sources, including both foreign and domestic commercial
banks, real estate investment trusts, trade union pension funds, credit and leasing
companies. He has also obtained credit ratings from Moodys and Standard and Poors.
r Mr. Carlin holds both a B.S. and an MB.A. from the University of California, Berkeley,
í 'I with emphasis in Corporate Finance and Urban Land and Applied Economics. He is a
Director of the American Diabetes Association and is a member of the Biotechnology
Industry Organization, where he organized a task force to develop a generic design
standard for single-tenant biotechnology research and development facilities. He is also
active in the Financial Executives Institute, and CONNECf, the University of California
San Diego program in technology and entrepreneurship, the Biomedical Industry
Council, and BIOCOM, where he is a member of the Facilities Financing Committee.
Mr. Aron Stern has more than 18 years of experience in financial management in the
computer software and biotechnology industties. He has been responsible for the
buildout of over 30,000 sq.ft. of laboratory and GMP facilities, as well as the initial
public offering for ISIS Pharmaceuticals. He has secured over $12 million in capital
equipment and debt financing, and has been involved in off-shore private placements and
secondary public offerings.
Mr. Stern holds both a B.S. and an MB.A. from the University of California, Berkeley,
with emphasis in Finance and Marketing. He is a member of the steering committee of
the San Diego Chapter of the Association of Bioscience Financial Officers, and chairs a
local Bioscience Infonnational Systems Association.
Mr. 10hn Tedesco has 10 years of experience in the biotechnology industry and quality
liF!1h control, assay development and validation, recombinant protein characterization, process
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NIELSEN CAPITAL GROUP, INC.
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Proposal to City of Chula Vista
February I, 1994
Page 7
'-:,
I
development and facility design and validation. He has extensive experience in
laboratory validation and quality control, the Iraining and evaluation of technical and
clerical personnel involved in laboratory functions and pharmaceuticals manufacturing.
Mr. Tedesco holds a B.S. in Biology from the Pennsylvania State University and an M.S.
in Biology from the University of Wisconsin at Milwaukee. He is the holder of
numerous patents, and the author of many publications in his field. For the last three
years, Mr. Tedesco has been responsible for identifying contract manufacturing facilities
for use by Amylin.
Mr. Phil Puzzo specializes in research related to corporate business transactions. He has
specialized experience in the areas of environmental health and safety, regulatory
research and tracking. He has also completed post-graduate training in medical
bibliography and information services. With more than 15 years experience in both
published and electronic information retrieval, Mr. Puzzo brings a truly distinctive
element to NCGI. Mr. Puzzo has assisted Mr. Carlin on more than 10 major consulting
engagements since 1985.
Mr. Puzzo's education includes a Masters degree from the University of Hawaii and a
,/'.. B.A. from the University of Connecticut. He is a member of the Special Libraries
( ) Association and the Association for Independent Information Professionals.
,
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NIELSEN CAPITAL GROUP, INC.
/7-/5
BRUCE CARLIN
PROFESSIONAL QUAT .TFTC'ATI()NS
Mr. Carlin has 18 years of experience in Corporate finance, investment banking, business planning
and real estate developmenL His experience with the biotechnology, drug development, electric
utility, telecommunications, coal mining and cc,nstruction industries includes corporate-level
strategic and tactical business p1anning, operations, mergers and acquisitions, credit rating
management and financial p1anning and analysis.
Prior to founding Næ1sen Capital Group, Inc. in 1989, Mr. Carlin was a management consultant to
more than a dozen domestic and Canadian electric and telecommunications utility companies and
their subsidiaries. He also served as Manager of Corporate Fmancia1 P1anning and in various other
financial management capacities for PacifiCorp, an $8 billion Ponland, Oregon-based diversified
utility company. PacifiCorp is the largest corporate employer in the State of Oregon, with major
investments in telecommunications, mining and resource development, financial services and
electric utility operations. Mr. Carlin holds both B.S. and M.B.A. degrees from the University of
California at Berkeley.
CONSULTING EXPERffiNCR
\ Affymax N.V. (Palo Alto) - Acted as financial advisor and exclusive placement agent for a $10
million LmOR-based credit facility.
SDCRA (Carlshad) - Provide on-going management consulting services as an advisory member of
the Board of Directors. Also involved in strategic and financial p1anning, and in business
developmenL
Isis Pharmaceuticals (Carlshad) - Represented ISIS Pharmaceuticals in the acquisition of all three
of their corporate facilities in two separate transactions, and ananged related financing.
SCripps Memorial Hospitals (La Jolla) - Acted as financial advisor and placement agent for a $20
million LIBOR-based credit facility.
Ximed Medical Group, L. P. (La Jolla) - Acted as financial advisor and placement agent for a $20
million LmOR-based synthetic fixed-rate construction and pennanent financing. This loan was
placed with the New York office of Societe Generale.
San Diego Trust and Savings(San Diego) - Site evaluation and financial feasibility services
regarding two projects.
State of California (Sacramento) - Turn-key development services for a $10 million State office
facility in Orange County. This project is cmrently under developmenL
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....------ -..-..------ ---~-_._---
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Reuben H. Fleet Space and Science Center - Financial advisory services regarding the expansion
of the facility.
BellSouth Services/South Central Bell (Birmingham) - Project Manager of an
interdisciplinary team assigned to review and recommend improvements in a process for
structuring and pricing large business telecommunications systems.
General Public Utilities (Parsippany) - Principal consultant in the development of
capital investment criteria regarding the damaged reactor at Three Mile Island.
Macbay Energy Company (San Diego) - Assessed alternative business development strategies and
co-authored a business plan for this .start-up company offering fluidized-bed combustion systems.
HEI (HoMlulu) - Participated in strategic and diversification planning. Evaluated existing
planning organizations, systems and procedures. Performed economic evaluations of proposed
investment in alternative energy generation equipment
Public Service of OklaJwma (I'ulsa) - Co-authored two comprehensive business plans for
proposed new utility subsidiaries which would provide load management and fiber optics-based
private-line telecommunications services. Work: involved conceptual network design, market
surveys, financial analysis and development of pricing, entty and competitive business strategies.
the fiber-optics business has been successfully developed and is operating in Tulsa.
UtiliCorp United and Public Service of Indiana (Kansas City and Indianapolis) - Prepared and
presented two workshops on the strategic planning process and diversification.
· Diversified Energy, Inc. (Minneapolis) - Principal author and project leader of a comprehensive
tactical plan for a company chartered to develop remote (radio frequency) utility meter reading
systems.
Kemp, Smith, Duncan & Hammond (El Paso) - SeIVed as Project Manager of an interdisciplinary
team assigned to conduct an independent appraisal of decisions related to participation in and the
financing of a nuclear generating station.
AECL (Ottawa) - Participant in the evaluation of market entty and positioning strategies.
·
EDUCATION
M.B.A., University of California, Berkeley (Corpomte Finance, Urban Land and Applied
Economics)
B.S., University of California, Berkeley (Business Administration - Finance and Accounting)
UCSD Extension, various courses in the science and business of biotechnology.
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·
proposaNUìSl.doc
/7- /7
SPEECHES AND PUBLICATIONS
Gene Acres '94, Oakland, CA
''Financing Your Company's Biotechnology Research & Development Facility"
Nov. 17,1993
UCSD CONNECI' Seminar, San Diego, CA
''Financing Your Company's Biotechnology Research and Division Facility:
Sept. 23, 1993
Association of Biotechnology Companies (Biotechnology Indusny Organization) _ 7th
International Biotechnology Meeting & Exhibition, Research Triangle Park, NC
Chairman, Task FOIt:e on Design Standardization
"Fmancibility of Corporate Facilities Enhanced by Design Standardization"
April 14-16, 1993
Association for Corporate Growth, San Diego, CA
''Financing Emerging Growth Company Facilities"
Ian. 26, 1993
Association of Biotechnology Companies - Sixth International Biotechnology Meeting, San Diego,
CA
Chairman, Task Force on Financing Biotechnology Facilities
''Financing a Biotechnology Facility"
May 17-20, 1992
PROFESSIONAL AND CHARITABLE AFFß.fA TIONS
American Diabetes Association - Q¡airman, Fundraising Committee, San Diego Q¡apter. Member,
Fundraising Committee, California Affiliate. .
Nielsen Capital Group Inc. is a corporate sponsor of BIO, the Biotechnology Indusny
Organization in Washington, D.C.; and the Biotechnology Indusny Counsel, UCSD Connect,
BIOCOM, and Financial Executives Institute in San Diego.
.
proposaNU!Sl.doc /7-¡g ,
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JOHN TEDESCO
PROFESSIONAL OUAT .TFTCATIONS
Mr. Tedesco has ten years experience in the biotechnology industry in Quality Control, assay
development and validation, and recombinant protein characterization; training and evaluation of
technical and clerical personnel including perfonnance evaluation, job planning and developmental
planning; six years experience managing technical personnel including laboratory and
manufacturing departments; set up and validation of two Quality Control laboratories which
included the hiring and training of personnel, purchase of equipment implementation and validation
of analytical methods and writing .of Standard Test Methods and Validation Protocols; set up
Quality Assurance and Document Control programs; extensive hands-on experience with various
types of laboratory instrumentation including HPLC, GC, UV-VIS. spectrophotometer, IR, SDS-
PAGE and IEF; developed isolation and purification process for recombinant hemoglobin from E.
coli fermentation systelDS and scaled this process from bench (FPLC) to production (75 liter V.)
scale, validated process for pre-clinical production; Aided in Design, construction management and
start-up of 1500 liter production facility for the manufacture of recombinant hemoglobin,
responsible for daily operations of this facility including utilities, maintenance, preventative
maintenance and material handling..
EXPERIENCE
Amvlin Pharmaceuticals. Inc. (San Die~o)
Director, Quality Control
Director, Process Development & Manufacturing
Steering Committee, UCSD Biomedical Manufacturing Program
Scientific Board of Directors, Aquagen, Inc., Boulder, CO
Board of Directors, International Society for Phannaceutical Engineers, San Diego Chapter
Responsibilities include the following:
· Direct process development, scale up and manufacturing efforts for the clinical production of a
recombinant peptides.
· Responsible for site selection for pilot facility.
· Direct the design, of a cGMP downstream processing facility.
· Management of contract manufacturing project for the fermentation development and
manufacture of recombinant peptides.
· Direct the validation of manufacturing process and associated facilities.
Somatogen, Inc. (Boulder, CO)
Director, Manufacturing Operations
Direct operations of 1500 liter pilot manufacturing facility for the production of recombinant
fì!t~~ . hemoglobin. Managed 19 individuals in fermentation, purification, sterile fill, maintenance, Quality
'/
Control and Document Control. Plant capacity was approximately 24 kg pure protein per year.
Operations were 24 hours/day, 7 days/week.
/1- /9
· Developed purification process for the production of recombinant hemoglobin to purity levels
of <O.OO5EU/mg and >99.9% protein purity.
· Implemented cGMP training and procedures for manufacturing and QC personnel.
· Participated in business development activities with potential domestic, European and Japanese
collaborators.
· Developed and managed budget (approx. $2,000,(00) for pilot facility.
· Wrote and implemented tactical and strategic plans for pilot facility and Quality Control lab.
· Implemented preventative maintenance program for pilot facility.
· Worked closely with Purchasing department to choose and implement MRP/MPC material
handling/tracking systems.
· Radiation Safety Officer for Somatogen.
Director, Analytical Chemistry
Directly responsible for the setup and implementation of Analytical Services and Quality Control
functions.
· Implementation of analytical methods used for the testing of recombinant hemoglobin.
· Writing of Standard Test Methods and Validation Protocols.
· Directed validation of methods.
· Characterization of various recombinant hemoglobin mutants.
· Aided in the identification of most useful mutation.
Invitron (St. Louis, MO)
Senior Applications Chemist
Responsible for the development of analytical methods to be used to determine specific activities of
quantities of various recombinant proteins produced by mamma¡;al1 cell culture. Also responsible
for the molecular characterization of these same proteins following purification to detennine the
level of post-translational mncfifications following various process changes.
· Involved in technical interactions with clients at the technology transfer level.
· Directed protein free media formulation worlc.
· Involved in new technology evaluation.
· Originally set up Quality Control laboratory, validated methods and wrote Standard Test
Methods and Validation Protocols.
St. Louis Community College (Florissant Valley, MO)
Instructor
· Taught Organic Chemistry lecture and labs.
· Taught Inorganic Chemistry lecture and labs.
· Developed and implemented a lecture course in Biotechnology.
;~ ,"" ~ .
propou!\lEDESRES.doc /7-;¿ò
~._.,..._..._----- -.....-. .__._-_.__._._-------_.._~~~~
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Salisbury Laboratories (Charles City,lO)
Project Leader
· Characterized membrane proteins from infectious organisms for on-going product development
effort.
· Carried out process development work relating to downstteam processing of cloned and
expressed membrane proteins.
· Radiation safety officer
Leon Laboratories (St. Charles, MO)
Quality Control Supervisor
Marquette University (Milwaukee, WI)
· Taught Experimental Cell Biology, Experimental Genetics, Cell Biology,· Developmental
Biology and General Biology.
PUBLIC'.A nONS
Cooper, G., L. Borish, J. Mascali, I. Rosenwasser, C. Watson & J.L. Tedesco. 1994. The
photocatalytic production of organic-free water for biomedicaJ/biopharmaceutica1 applications. J.
'I Biotech. In Press.
Wagenback, M., K. O'Rourke, L. Vitez, A. Wieczorek, S. Hoffman, S. Durfee, J. Tedesco and G.
Stetler. 1991. Synthesis of wild type and mutant hemoglobins in Saccharomyces cerevisiae.
BiolTechology 9 (January):57.
Hoffman, S.J., D. I. Locker, J.M. Roeluich, P.E. Cozart, S.I. Durfee, J.L. Tedesco and G.L.
Stetler. 1990. Expression of fully-functional tetrameric hemoglobin in Eschericia coli. Proc. Nat.
Acad. Sci. USA. Vol. 87.
Mollering, B.J., J.L. Tedesco, RR. Townsend, M.R Hardy, R W. Scott and C.P. Prior. 1990.
Molecular differences observed in monoclonal antibodies exoressed in aseites fluid, serum
containing and serum free cell culture conditions. BioPhann. 3:30.
McKnabb, S., R Rupp and J.L. Tedesco. 1989. Detection of DNA contaminants in bioreactor
derived monoclonal antibodies. Bioffechnology 7(Aprll):343.
Tedesco, J.L., and R. Shaffer. 1987. Increased recovery of PfC-cysteine, phenylalanine and
tyrosine by ethyl ether liquid-liquid extraction. J. Chromategr.
Tedesco, J.L. 1987. Anaylsis of glucose and lactic acid in cell culture media by ion-moderated
partitioning HPLC. BioTechniques 5:46.
i:{¡:¡:\ .
proposaI\11JOOSRES.doc
, /'7-;2 /
Tedesco, J.L., J.B. Courtright and A. K. Kumaran. 1981. Ultrastructural changes induced by
juvenile honnore analogues in occyte membranes of Apterous four Drosophhila melanogaster. J.
Insect Physiol. 27:395.
Coggins, J.R., J. L. Tedesco and C. Rupprecht. 1981. Seasonal incidence and overwintering of
helminths in the bat Myotis lucifigus form southeastern Wisconsin. Am. MidI. Nat. 107:305.
Coggins, J.R., J. L. Tedesco and C. Rupprecht. 1981. Intestinal helminths of the bat Mytois
keenii. Helminthol. Soc. Wash. 48:93.
Tedesco, J.L. and J.R. Coggins. 1980. Electron microscopy of the tumulus and associated
structures within the tegument of Euhothrium saIvelini. Int. J. Parasitol. 10:275.
ABSTRACfS
Junker, L., J. Griffith, J. Levine, M. Taylor, D. Traylor, J. Etter and J. Tedesco. 1990.
Consideration of the scale-up of the pmification of recombinant hemoglobin. The 3rd Annual
Colorado Biotechnology Symposium. Fort Collins, CO.
Tedesco, J.L. 1987. Analysis of glucose and lacric acid by ion-moderated partitioning HPLC.
American Society of Biological Chemists. Philadelphia, P A.
Tedesco, J.L. 1979. Ultrastructure of the tegument of Euhothrium salvelini. AMCOP, Cl¡icago,
IL.
Tedesco, J.L., 1979. Electron microscopy of the tumulus - a new organ on the sutface of
Euhothrium saIvelini. Trans. Amer. Micr. Soc. Tampa, FL.
PA !ENTS
Tedesco, 1.L. and 1.R. Petersen. 1986. A highly sensitive and reproducible assay for the detection
of subpicogram levels of DNA in the presence of milligram quantities of protein.
Newman, K.Z., T.C. Gore, J.L. Tedesco, L.S. Paul, J.G. Files and R.J. Chang. 1985. Antigenic
protein derived from Eimeria maxima, vaccine containing the same and use thereof to prevent
coccidiosis.
Newman, K.Z., T.C. Gore, J.L. Tedesco, W.H. Andrews, Y.M. Brothers, J.G. Files, 1. Kuhn, M.T.
McCamen, L.S. Paul and S.R. Sias. 1985. Multi-component vaccine for the prevention of
coccidiosis.
Andrews, W.H., Y.M. Brothers, J.G. Files, J. Kuhn, M.T. McCamen, L.S. Paul, S.R. Sias, T.C.
Gore, K.Z. Newman and J.L. Tedesco. 1985. DNA encoding an antigenic protein derived from
::mï" . Eimeria tenella and vaccines for prevention of coccidiodis by Eimeria tenella.
proposaf\IEI)ESRES.doc: /7 - cld..
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Newman, K.Z., T.C. Gore, J.L. Tedesco, G.R. Petersen, Y.M. Brothers, J.G. Files and L.S. Paul.
1985. Antigenic proteins and vaccines containing them for the prevention of coccidiosis caused by
Eimeria necatrix and Eimeria tenella.
Newman, K.Z., T.C. Gore, J.L. Tedesco, G.R. Petersen, R. Simonson, Y.M. Brothers, I. Paul and
J.G. Files. 1984. Antigenic proteins and vaccines containing them and protective antibodies
directed to them for the prevention of coccidiosis caused by Eimeria tenella.
EDUCATION
M.S. Biology, The University of Wisconsin, (Milwaukee, WI)
B.S. Biology, The Pennsylvania State University (State College, PA)
!RAINING
Post Graduate studies in molecular biology and protein chemistry (Marquette University)
PROFESSIONAL AFFll..IA TIONS
International Facility Management Association
American Chemical Society
Phi Kappa Phi Honor Society
International Society for Pharmaceutical Engineers
,
.
proposa1\TEDESRES.doc /7-;(3
.
ARONSTERN
PROFESSIONAL OUALIFICA TIONS
Mr. Stem has 18 years of broad experience in Finance and Administration with high-
technology and biotechnology companies involved in manufacturing. He's been
responsible for ananging both equity and debt financing, and for the buildout of over
30,000 sq. ft. of laboratory and GMP facilities. In addition, he has a comprehensive
knowledge of the biotechnology industry and its capital and operating requirements.
EXPERŒNCE
Protein Polymer Technologies. Inc., (San Diego)
Vice President, Finance and Administration and Chief Financial Officer
Assists Board with focusing research efforts and reducing expenses; developing business
and financial plans; developing and implementing financing strategies; structuring R&D
partnerships; assisting with presenting the company to investors and analysts; establishing
an MBO-based peñormance appraisal system for all employees; establishing a treasury
function and hiring an external funds manager; installing a 40 1 (k) plan; creating a policies
and procedures handbook and managing laboratory renovations.
Isis Pharmaceuticals, Inc. (Carlsbad)
Director, Fmance and Arlmini~tration
Assisted in managing the company's initial public offering, off-shore private placement and
secondary offering; managed investments of excess cash and hired an extemal funds
manager; assisted in developing investment banking and analyst relationships; secured over
$12 million in capital equipment and building debt financing; peñormed due diligence on a
possible acquisition; performed financial review of deals; developed budget and financial
projections; established accounting organization, project costing and control procedures;
satisfied SEC reporting requirements, completed the build-out of over 30,000 sq.ft. of
laboratory and GMP facilities; established and managed computing function and
established all administrative functions.
Cimjlex Teknowledge, Inc. (Palo Alto)
Company Controller and Assistant Treasurer
Assisted with the company's initial public offering, raising almost $40 million; evaluated
merger/acquisition candidates; managed the financial aspects of the merger of
Teknowledge with Cimflex; instrumental in the successful divestiture of a subsidiary;
personally invested $30 million in excess cash; implemented a forecasting and budgeting
system; improved division financial reporting and analysis; implemented project
. management and government accounting systems and procedure and managed the wrlte-
off of restructuring cost.
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Apple Computer, Inc. (Cupertino)
Corporate Financial Planning Manager
Established worldwide budgeting and planning procedures and analysis function; achieved
Board approval of budgets in record times, helped analyze Apple's pricing strategies by
establishing periodic pricing and gross margin reviews; helped establish rigid inventory
reserve requirements; completed the development of a relation-based consolidation and
reporting system for forecasting and planning and assisted Treasury with implementing a
cash forecasting model which anticipated the cash benefits of JIT inventory management.
GE - Calma Company (Mil pitas)
Assistant Budgets and Planning Manager
Assisted in transition to GE financial planning and reporting requirements for this $200
million CAD/CAM company; established Calma's internal forecasting analysis and
reporting process; prepared 5-year strategic planning financia1s; prepared financial!tax
justification for manufacturing in Ireland; established capital equipment purchase/lease
analysis and procedures; developed cash management procedures which improved forecast
accuracy and controlled spending by establishing P.O. tracking system.
EDUCATION
ì General Electric Fmancial Management Program (two-year program).
MB.A., University of California, Berkeley Emphases in Finance and Marketing.
B.S., Business Administration, University of California, Berkeley. Emphases in
Accounting and Economics.
PROFESSIONAL AND CHARITABLE AFFß.fA TIONS
Currently a steering committee member of the San Diego Chapter of the Association of
Bioscience Fmancial Officers (ABFO).
Currently chairing a local Bioscience Information Systems Association (BISN).
"~'I .
proposaNiTERNRES.doc /1-d5
PHILIP PUZZO
PROFESSIONAL OHAT .TFTCA nONS
Mr. Puzzo has over 18 years of diversified experience as a reference librarian, instructor, corporate
library manager, and research consultanL Accomplishments include developing, organizing, and
maintaining a corporate library as a potential profit rather than cost center. Academic library
experience centers around reference services, bibliographic instruction, on-line searching, and
periodicals managemenL
EXPERIENCE
Discovery Information Services (Leucadia)
Research Consultant Librarian
Provide fee-based information and research services to suppon marketing and business
development efforts of clients in a variety of industries including: commetcial real estate
investment banking; environmental regulatory services; business textbook publishing, electronic
database publishing; management consulting; and electric utilities. The scope of services provided
include corporate intelligence, industry overviews legislative research and tracking, on-line
searches and document delivery.
Management Analysis Company (San Diego)
Corporate Librarian/Research Consultant
Provided library and information services to a staff of more than 300 consultants and clients.
Established and maintained all aspects of library operations; provided senior level experience in
designing and executing on-line searches and accessing formal and informal networks for external
infonnation delivery.
Palomar College library (San Marcos)
Reference Librarian
Duties included reference services, supervision of the library's periodical department, bibliographic
instruction, computer literature searching, collection development, and faculty liaison.
Southern California Edison (San Onofre Nuclear Generating Station)
Technical Writer
Developed, prepared, and revised critical documents and emergency plan implementing procedures
for the San Onofre Nuclear Generating Station.
.
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Southwestern College (Chula Vista)
Reference Librarian
Responsibilities included coordination of reference desk services, bibliographic instruction, book
selection, and faculty liaison. Organized and presented a series of tenn paper research clinics.
San Diego State University, North County Center (San Marcos)
A part-time evening and weekend position providing reference assistance, inter-library loan, and
on-line computer searching services to a clientele of graduate students and faculty.
University of Connecticut Library (Storrs)
Reference Librarian
Major duties involved reference desk and telephone services, inter-library loan operations,
reference book selection, training and supervision of student assistants, and maintenance of a
separate reference collection catalog. Actively participated in library-faculty liaison program and
prepared and delivered a wide range of bibliographic instruction services.
EDUCATION
ML.S. (Library Science), University of Hawaii
B.A. (English Literature), University of Connecticut
PROFESSIONAL AFFTIJIA TIONS
Special Libraries Association
Consumers Division
Public Utilities Division
Association for Independent Information Professionals
Beta Phi Mu
"\15, .
proposaN'UZZORES.doc
17 -c2 7
EXHIBIT "B"
Section 12. Ownership, PUblication, Reproduction and Use of
Reports and Materials and Confidentiality Issues.
Except as otherwise expressly provided below, all reports,
studies, information, data, statistics, forms,' designs, plans,
procedures, systems and any other materials or properties produced
under this Agreement (collectively referred to hereinafter as
"reports and materials"), shall be the sole and exclusive property
of the city to be used, disclosed, published or copyrighted as city
deems appropriate, in its sole discretion. No such reports or
materials 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 prior written consent of the city.
Notwithstanding the foregoing, City agrees to use its best
efforts to keep confidential elements of the reports and materials
which Consultant designates as confidential due to proprietarv
interests ma be claimed in such reports and materials b
thir s or for some other Ie ~ ~ma e reason approve y C~ty,
except to the exten necessary for the c~ty 0 proper yea a
such reports and materials or as may be required by law, including
without limitation, the Public Records Act. Consultant agrees to
use its best efforts to keep confidential elements of the reports
and materials which City designates as confidential including,
without limitation, any recommendations and findings contained
therein, except to the extent necessary to conduct the marketing
and feasibility analysis contemplated by this Agreement.
Consultant further covenants and agrees that without the prior
ritten consent of the city, Consultant, nor any of its affiliates
r assigns, shall participate, directly or indirectly, in the
'mplementation of a biotechnology manufacturing facility which is
he subject of this Agreement, in a location outside of the city.
C:\doc\biotech.exh
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