HomeMy WebLinkAboutAgenda Packet 1992/06/16
Tuesday, June 16, 1992
6:00 p.m.
,
". declare under penalty of perjury that 1 am
emr10yed by the City of Chula Vista in the
(-f'ce of the City Clerk and that I posted
kis Agenda/Notice on the Bulletin Board at
the Public Serv; es Building and at City !tall on
["TED. '}..2- 52. SIGNED [;:f ./7~~ !'
Council Chambers
Public Services Building
ReS(Ular MeetinS!: of the City of Chula Vista City Council
CAll. TO ORDER
1.
ROIJ. CAIJ.:
Councilmembers Grasser Horton _, Malcolm _, Moore _, Rindone -' and Mayor
Nader _
2. PLEDGE OF AIJ.EGIANCE TO TI-IE FLAG. SILENT PRAYER
3.
APPROVAL OF MlNlITES:
May 26, 1992
4. SPECIAL ORDERS OF TI-IE DAY: None submitted.
CONSENT CALENDAR
(Items 5 through 9)
The staff recOl1l11U!1lliJJt regarding the following iJems listed undo the Consent Cakndm will be enm:ted by the
Cou1ldI by one motion wi1hout discussion unless a CounciImember, a member of the publii: or City staff requests
that the item be pulled for discussion. If you wish to speak 011 one of these iJems, please fill out a "Request to
Speak Form" availJJble in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after Action Items and Board and
Commission Recommendations. Items pulled by the publiJ; will be the first iJems of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting Council consideration of converting the Royal Vista Hotel to a low cost
senior citizen housing project. Dick Kau, Dick Kau Land Company, 3404 Bonita Road, Ste.
A, Chula Vista, CA 91910. It is recommended that Mr. Kau's request be referred to staff.
Continued from meeting of 6/9/92.
b. Claims against the City: Claimant No.1 - Ms. Alice Marie Daum, 463 Colorado Ave., No.
D, Chula Vista, CA 91910; Claimant No.2 - Robert Martinez, c/o Louis B. Rubin, Attorney
at Law, 7373A Clairemont Mesa Blvd., San Diego, CA 92111; Claimant No.3 - Ms. Lutricia
Russell, c/o John B. Little, Attorney at Law, 625 Broadway, Ste. 725, San Diego, CA 92101.
It is the recommendation of the City's claim adjustors, Carl Warren & Company and Risk
Management staff that the claims be denied.
c. Letter stating that their building on 311 "P" St., CIulla VISta would make a good site for a
City museum - Russ Christensen and Margaret Scott-Blair of Christensen, Scott-Blair
Properties, 305 Third Ave., Chula Vista, CA 91910.
Agenda
-2-
June 16, 1992
6. ORDINANCE 2518 AMENDING CHAPTER 2.29 OF TIiE CHULA VISfA MUNICIPAL CODE
CHANGING TIiE NAME OF TIiE CHARTER REVIEW COMMrITEE TO
COMMISSION (first readinS[) - When Council approved the recognition of
the Charter Review Committee as a long term standing committee with
substantial responsibilities by approving Ordinance No. 2400 in 1990, the
ordinance inadvertently continued the prior name of the Committee, rather
than making it an appointive board or commission as authorized by
Section 600 of the City Charter. This ordinance corrects that oversign and
makes the Committee a Commission. Staff recommends Council place
ordinance on first reading. (City Attorney)
7. RESOLUTION 16659 ADOPTING TIiE CI1Y OF CHULA VISfA EMERGENCY RESPONSE PLAN
AND TIiE EMERGENCY UNE OF SUCCESSION - One of the duties assigned
to the City's Disaster Preparedness Specialist was to develop and draft a
new Emergency Response Plan and establish an Emergency Line of
Succession. Staff recommends approval of the resolution. (Fire Chief)
8. RESOLUTION 16660 APPROVING AN AGREEMENT Willi FOUR SQUARE VIDEO
PRODUCI10NS, INC. FOR ECONOMIC DEVELOPMENT PROMOTIONAL
VIDEO PRODUCI10N SERVICES . On 8/28/91, Council approved the
Economic Development Commission's recommended Economic
Development Fiscal Year 1991-92 Marketing Plan and related budget,
which includes the production of an economic development promotional
video. The purpose of the video is to provide a brief visual overview of
local assets and incentives for businesses to locate in Chula Vista. It will
be used in meetings with prospective businesses, mailed to targeted
businesses, provided in response to business inquiries, and displayed at
local, regional and national conferences, and trade shows. Staff
recommends approval of the resolution. (Director of Community
Development)
9. RESOLUTION 16661 APPROVING AGREEMENT Willi UNlSYS CORPORATION FOR TIiE
MAINTENANCE OF HARDWARE AND SOFTWARE FOR TIiE UNlSYS
MAINFRAME COMPUTER AND WAIVING TIiE FORMAL BIDDING
PROCESS - In September of 1990, the City installed a new mainframe
computer, the Unisys V-430. Maintenance on the computer for one year
was included as part of the initial purchase price. This initial maintenance
agreement has expired and staff has been working with Unisys on terms
and conditions for a new maintenance contract. The new contract is for
three years and includes features requested by the City such as an annual
rate cap and several performance thresholds which must be met by Unisys.
Staff recommends approval of the resolution. (Director of Management
and Information Services)
* * END OF CONSENT CALENDAR * *
Agenda
.3.
June 16, 1992
PUBUC HEARINGS AND RELATED RESOLlTTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak
to any item, pkase fill out the 'Request to Speak Form' availnble in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposiJion to the stoff recommendation.) Comments are limited to five minutes per individuaL
10. PUBUC HEARING CONSIDERATION OF TIlE ADOPTION OF TIlE CJlY OF CHULA VISTA
BUDGET FOR FiSCAL YEAR 1992-93 AND ESTABUSHlNG AN
APPROPRIATIONS UMIT . The Council has held several worksessions to
consider and discuss the proposed Fiscal Year (FY) 1992-93 budget. The
public hearing is to receive additional citizen input and adopt the City FY
1992-93 budget. Staff recommends approval of the resolutions.
(Administration and Director of Finance)
A. RESOLlTTION 16662 APPROVING TIlE ADOPTION OF TIlE FiNAL BUDGET OF TIlE CJlY OF
CHULA VISTA FOR TIlE FiSCAL YEAR BEGINNING JULY I, 1992 AND
ENDING JUNE 30,1993
B. RESOLlTTION 16663 ADOPTING AN APPROPRIATIONS UMIT FOR FiSCAL YEAR ENDING JUNE
30, 1993
11. PUBUC HEARING ASSESSMENT DISTRICT NO. 90-2 (OTAYVAIl.EY ROAD) - On 4/21/92,
Council adopted the Resolution of Intention to construct and finance
certain public improvements to Otay Valley Road, east of 1.805, pursuant
to the Municipal Improvements Act of 1913. The public hearing on the
formation of Assessment District No. 90.2 (Otay Valley Road) was set for
5/26/92. The associated resolutions make changes and modifications to
the Engineer's Report, overrule protests, confirm the assessments, make
CEQA findings, adopt a Mitigation Monitoring Plan, and approve utility and
underwriter agreements. Staff recommends item be continued to 6/23/92.
(Director of Community Development and Director of Public Works)
Continued from meeting of 5/26/92.
A. RESOLlTTION 16639 APPROVING AGREEMENTS FOR EXEClJI10N IN ASSESSMENT DISTRICT
NO. 90-2 (OTAY VAIl.EY ROAD)
B. RESOLlTTION 16640 APPROVING VARIOUS TRANSFER OF FUNDS TO TIlE RESERVE AND
IMPROVEMENT FUNDS FOR ASSESSMENT DISTRICT NO. 90-2 (OTAY
VAIl.EY ROAD)
C. RESOLlTTION 16641 ORDERJNG CERTAIN CHANGES AND MODIFiCATIONS TO TIlE
ENGINEER'S "REPORT' IN ASSESSMENT DISTRICT NO. 90-2 (OTAY
VAIl.EY ROAD)
D. RESOLlTTION 16642 OVERRUUNG AND DENYING PROTESTS AND MAKING CERTAIN
FiNDINGS IN ASSESSMENT DISTRICT NO. 90-2 (OTAY VAIl.EY ROAD)
E. RESOLlTTION 16643 CONFIRMING TIlE ASSESSMENT, ORDERJNG TIlE IMPROVEMENTS
MADE, TOGElHER WIlli APPURTENANCES, APPROVING TIlE
ENGINEER'S 'REPORT', MAKING CEQA FiNDINGS, AND ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION
MONITORING PLAN REGARDING ASSESSMENT DISTRICT NO. 90-2
(OTAY VALLEY ROAD)
Agenda
-4-
June 16, 1992
12.
PUBUC HEARING
TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR
ACQillRlNG AND AUTHORlZING THE CONDEMNATION OF CERTAIN
REAL PROPERTY WITIilN THE OTAY VAU.EY ROAD STREET WIDENING
PROJECf - A public hearing is necessary for the Council to deliberate upon
the request to adopt the Resolution of Necessity to acquire the remaining
property rights through eminent domain for the public right-of-way which
is necessary for the construction of Otay Valley Road improvements. The
City's acquisition consultant was successful in reaching agreement with all
but four property owners covering five parcels which are the subject of the
resolution. Staff recommends item be continued to 6/30/92. (Director of
Community Development) 4/5th's vote required. Continued from meeting
of 5/26/92.
RESOLUTION 16644 FINDING AND DETERMINING PUBUC INTEREST AND NECESSITY FOR
ACQillRlNG AND AUTHORlZING THE CONDEMNATION OF CERTAIN
REAL PROPERTY WITIilN THE OTAY VAU.EY ROAD STREET WIDENlNG
PROJECf ALONG OTAYVAU.EY ROAD BETWEEN INTERSTATE 805 AND
THE EASTERN BOUNDARlES OF THE CITY OF CHULA VISTA
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the Council's
jurisdiJ:tion that is not an i1nn on this agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subject, pkase complete the yellow "Request to Speak Under Oral Communications Form" avaiIabk 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 speoker.
ACTION ITEMS
The items listed in this section of the agenda are expected to elii:it substantiLd discussions and tkliberations by the
Council, stoff, or members of the general public. The items will be considered individuJJlJy by the Council and staff
recommendations may in certain cases be presented in the alternative. Those who wish to speak, pkase fill out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Publii:
comments are limited to five minutes.
13. RESOLUTION 16664 RATIFYING AN AGREEMENT WI1H ROBERT BEIN, WILUAM FROST AND
ASSOCIATES FOR SURVEY CONSTRUCTION STAKING SERVICES;
RATIFYING CI-iANGE ORDER NOS. 1 THROUGH 5 INCLUSIVE AND
AUTHORlZING THE DIRECfOR OF PUBUC WORKS TO EXECUTE THEM
ON BEHALF OF THE CITY REQillRED IN CONJUNCTION WI1H THE
TELEGRAPH CANYON ROAD/OTAY LAKES ROAD (pHASE no
IMPROVEMENTS - On 3/7/92, Council approved an agreement between
the City and VfN Southwest, Inc. for the preparation of construction
documents and plans necessary for the improvement and widening of
Telegraph Canyon Road/Otay Lakes Road (between Apache Drive and
Rutgers Avenue). Early this year, VfN Southwest, Inc. filed bankruptcy
proceedings and are no longer able to fulfill the obligations of the contract.
To facilitate project construction and avoid potentially major claims on the
part of the contractor, staff needs to obtain the construction staking
Agenda
-5-
June 16, 1992
services required to complete the project from another consultant. Since
commencement of the project construction activities, staff has encountered
numerous difficulties with the plan and variations in field conditions. To
correct them, staff has directed the contractor (Erreca's, Inc.) to perform
extra work on a time and materials basis and/or agreed unit prices.
Construction change orders 1 through 5, inclusive, have now been
processed through the State of California. Staff recommends approval of
the resolution. (Director of Public Works)
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider iJems whU:h have been forwarded to them for consideration by one
of the city's Boards, Commissions and/or Committees.
None submitted.
ITEMS PULLED FROM TIlE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agmda
iJems pulled at the request of the publk will be considered prior to tJwse pulled by Councilmembers. Publk
comments are limited to five minutes per individuilL
OTIIER BUSINESS
14. CI1Y MANAGER'S REPORT(S)
a. Scheduling of meetings.
15. MAYOR'S REPORT(S)
16. COUNCIL COMMENTS
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Acquisition of property - pursuant to Government Code Section 54956.8:
Assessor's Number
622-030-16,26, 27, and
622-041-17
622-030-09
622-030-22
Address
735 Second Avenue
Owner
Iwashita, Kaoru & Lilly
1364 Broadway
76 Prospect Street
Hernandez, Mary & Raymond
Vasquez, Alfredo
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on June 23,
1992 at 6:00 p.m. in the City Council Chambers.
June 12, 1992
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
Sid W. Morris, Assistant City Manager~\
City Council Meeting of June 16, 1992
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, June 16, 1992. Comments regarding the Written Communications
are as follows:
5a. CONTINUED FROM THE JUNE 9, 1992 COUNCIL MEETING
This is a letter from Dick Kau requesting Council consideration of
conversion of the Royal Vista Hotel to a senior citizen housing project.
Staff has several concerns over this proposal: (1) the need to evaluate
the amount of financial participation required by the City; (2) the need
to recover the City's outstanding T.O.T. debt from the acquisition; (3)
the possibility of using this site to mitigate the Midbayfront Project's
low-income housing obligation; and (4) the impact of the loss of the site
as a commercial opportunity. Although staff initially would indicate
support for this proposal, IT IS RECOMMENDED THAT IT BE REFERRED TO STAFF
TO ANALYZE THE ELEMENTS INDICATED ABOVE.
5b. IT IS RECOMMENDED THAT THE CLAIMS FILED BY MS. ALICE MARIE DAUM, MR.
ROBERT MARTINEZ, AND MS. LUTRICIA RUSSELL BE DENIED.
5c. This is a letter from Scott-Blair Properties, stating that their
building at 311 F Street, Chula Vista, would make a good site for a City
museum. IT IS RECOMMENDED THAT THIS BE REFERRED TO STAFF TO ADDRESS IN
THE REPORT THAT WILL BE COMING BACK TO THE COUNCIL ON THE POTENTIAL USE OF
THE SENIOR INFORMATION AND REFERRAL CENTER AS A SITE FOR A CITY MUSEUM OR
ALTERNATIVE PURPOSES.
SWM:mab
trans
COUNCIL AGENDA STATEMENT
Item
5j;
Meeting Date 6/16/92
ITEM TITLE:
Claims Against the city
REVIEWED BY:
Director of personnelC7~
. ' A f
City Manager ;;& ? j
(4/5ths Vote: Yes No~)
SUBMITTED BY:
Claimant No.1:
Ms. Alice Marie Daum
463 Colorado Avenue, #0
Chula Vista, CA 91910
On May 5, 1992, Ms. Alice Marie Daum filed a claim against the City
of Chula vista for personal injuries she allegedly received on December 29,
1991, when she tripped and fell near a bus stop at 689 Fifth Avenue. The
claim seeks damages within the jurisdiction of the Municipal Court.
Although liability is questionable, we are continuing our investiga-
tion and it is desirable to start the statute of limitations. It is the
recommendation of our claims adjustors, Carl Warren & Company, concurred in
by Risk Management, that this claim be denied.
Claimant No.2:
Mr. Robert Martinez
c/o Louis B. Rubin
Attorney at Law
7373A Clairemont Mesa Boulevard
San Diego, CA 92111
.On May 4, 1992, Mr. Robert Martinez filed a claim against the City
for damages within the jurisdiction of the Municipal Court. He claims per-
sonal injuries were received when he tripped and fell in the 200 Block of
Broadway on March 18, 1992.
Due to remote liability on the part of the city, it is the recommen-
dation of our claims adjustors, Carl Warren & Company, concurred in by Risk
Management, that this claim be denied.
Claimant No.3:
Ms. Lutricia Russell
c/o John B. Little
Attorney at Law
625 Broadway, suite 725
San Diego, CA 92101
On May 14, 1992, Ms. Lutricia
city for $20,000.00 in connection with
passenger on a Chula vista Transit Bus
Russell filed a claim
personal injuries she
on November 20, 1991.
against
received
the
as a
-/
Form A-113 (Rev. 11/79)
5/;-1
ITEM
MEETING DATE
~
6/16/92
City bus service was provided contractually by American Transit Cor-
poration at the time of this incident. The agreement between American
Transit and the South Coast Organization Operating Transit (SCOOT) con-
tained a hold harmless clause and provided for indemnification. Because
the city has neither jurisdiction nor control over transit complaints, it
is the recommendation of the City's claims adjustors, Carl Warren & Com-
pany, and Risk Management staff that this claim be denied.
RECOMMENDATION: Deny the above three claims.
j
~~
Christensen, Scott-Blair Properties
305 THIRD AVENUE CHULA VISTA. CA 91910 422.1700 535.3477
June 1, 1992
Mayor & City Council
City of Chula Vista
CHULA VISTA, CA
5
Dear Mayor:
It has come to our attention that the City of Chula Vista, through the Historical Society, is
seeking a site for a City museum.
We believe that our building at 311 F Street would be a fantastic structure for that purpose.
Historically, this "art deco" building was the focal point of social activity in the post WWIl years. It
was constructed in 1946 by the Dick Wilson family as an ice cream parlour and ice cream factory (which
served 12 other neighborhood stores). It was the place to hang out!
Thousands of children toured this factory, where they peered through glass windows (still in
place) into the ceramic tile-lined room to learn how ice cream was made. They were also rewarded with
fresh samples of the product.
Part of the building provided the initial office space where the Wilson Insurance Agency was
founded. San Diego Gas & Electric Co. and Chula Vista Sanitary Service, Rohr Industries, and Norman
Park Senior Center have all been successful tenants.
The stmcture is a 6,400 SLJ.fL loft-type builctin~, with large open areas, some spaces with 15 ft
ceilings, and spans 50 ft wide (see attached floor plan). There are numerous smaller areas that would
lend themselves to storage, office space, work areas, and special exhibit rooms. It is completely air
conditioned, carpeted, and has plenty of electrical service. There are large bathrooms and display
windows facing F Street.
The location of this property is ideally suited for the City museum. It is within one block of the
library and other City buildings, and is in the heart of the business district.. Parking and public access is
outstanding with the new City parking lots recently added on the adjacent properties. Its location also
makes it ideal for other City needs, including City Office expansion. The structure has recently been
surveyed; with minor modification there is potential to add additional office/display space on a second
level, should expansion be desired in the future.
Please take some time to examine the attached spec. sheet, floor plan, and prospective financial
terms. When you consider the location, history, building configuration, and low price, we are confident
that this would be an ideal site to collect, view, and study Chula Vista's heritage. We are looking
forward to meeting with a Council committee and City staff to see if this answers your needs.
Kindest regards,
~~ cL~'u-~~4-~
Russ Christensen
rn"-'~=k-~ ~RITTEN COMMUNICATIONS
'. Margaret Scott-Blair ,r,. _ J IU /-::-
~~,\\{. .. ) ~ [
, '\# , JC .../
\...", ~~ \ . \\ .
'.-1
'.
Christensen, Scott-Blair Properties
305 THIRD AVENUE CHULA VISTA, CA 91910 422-1700 535-3477
Suggested Financial Arrangements
Sale:
Asking price for sale: $720,000
$450,000 down payment, owners to carry first trust deed on the balance,
typical terms of 9.00% fixed APR, 10-20 years (approx. $2,500/month).
Terms of Sale:
Lease:
Long-term lease is also available.
1 Year Lease:
3 Year Lease:
$6,000 per month
$5,500 per month
New Chula Vista
Historical Museum
JC (311 F Street)
UJ
'6
c
(1j
...J
>
<I:
'E
.<::
I-
F Street
Park Plaza at the
Village
--
.5 C-.<
REAR
ENTRANCE
w
g~
..:.J1::il
t>..<
::;;
W
(10' x 40)
~
::;;
Q
Q
c?
I
'-.)
Z
:::>
--'
[Q]
~
:::;
5::;;
Q
c?Q
LUJ:3L
S:
Q
CL.
-'
< -<
lIJ iiZ
~.
-<
:::;;
UJ
8~
\- ... UJ
tJ)x:ffi
,,-g..'fu
~~tIl
~
ill
D
Z
-<
I
PARKING LOT
60'-0'''
WORK. STORAGE, & EXHIBIT PREPARATION
(19 < 50, CEILING 15' HIGH)
[EjJ
LE:ADERS OF CHULA VISTA
PRDMINENT CITIZENS, PAST AND
PRESENT
(1Dx12)
(12 x 22)
COMMERCIAL HISTORY
MANUFACTURING, COMMERCE, ROHR,
TYCE, RATNER, SHDPPING CENTERS,
DDWNTDWN, ETe.
WALL EXHIBITS
<J)
>--
i1S
I
x
u;
-'
;;:
$:
LIVE DISPLAYS
PLANTS, SMALL ANIMALS,
ARCHIIECTURE DF THE
CHULA VISTA AREA
(20' x SD), CEILING 1S' HIGH)
(3D x 3D, CEILING 15' HIGH)
~
i1S
~
UJ
-'
-'
~
HANGING DISPLAYS
WALL EXHIBITS
o
[OJ
MEN'S [OJ [OJ
tQ[][!g
tQ[][b
WOMEN'S
(10 x 12)
WALL EXHIBITS
MAIN EXHIBIT HALL
FLOOR DISPLAYS AND MOVABLE PANELS
~
is
~
UJ
-'
-'
~
(3D x 50', CEILING 10' HIGH)
WALL EXHIBITS
~ ~ ~ - ~ ~ ~ - -~"
WINDOW DISPLA 1 "
ENTRANCE
Chula Vista Historical Museum
311 F Street, Chula Vista, CA
BAYFRONT
DEVELOPMENT
+
I
UJ
.I:~
~~
0"-
lILl
~I
~~
_Z
utji
lLUJ
oR:
\DI
~I
--'I
~I'!'
D~
"-
,
WINDOW
100'-0'''
SUPPLIES
OFFICE
(15<15)
Christensen, Scott-Blair Properties
305 Third Avenue 422-1700
Chula Vista, CA 91910 535-3477
CITY COUNCIL AGENDA STATEMENT
ITEM ~
MEETING DATE: 6/16/92
ITEM TITLE:
Ordinance :J.5i~ending Chapter 2.29 of the Chu1a Vista
Municipal Code Changing the Name of the Charter
~'ew Committee to Commission
city Attorne
\ 4/5ths Vote: Yes_No X
SUBMITTED BY:
When Council approved the recognition of the Charter Review Committee as a long
term standing committee with substantial responsibilities by approving Ordinance
No. 2400 in 1990, the ordinance inadvertently continued the prior name of the
Committee, rather than making it an appointive board or commission as authorized
by Section 600 of the City Charter. This ordinance corrects that oversight and
makes the Committee a Commission.
RECOMMENDATION: Place ordinance on first reading.
BOARDS/COMMISSION ACTION: The Charter Review Committee requested staff to bring
forward an ordinance to Council to bring its name in conformity with Section 600
of the Charter.
DISCUSSION:
On November 6, 1990, the Council adopted Ordinance No. 2400 recognizing the
Charter Review Committee and establishing it as a regular standing advisory
committee to the City Council, giving it duties consistent with its historic role
as the ad hoc Charter Review Committee. Council had originally referred to the
Charter Review Committee the possibility of recognizing the Committee by an
amendment to the Charter, or by creating it by ordinance. When it was determined
to adopt an ordinance and place it in the Municipal Code, pursuant to the
authority in Charter Section 600, no one noticed that the Committee retained its
former name instead of becoming a board or commission. This ordinance will
correct that oversight by amending all references in existing Chapter 2.29 from
"committee" to "commission".
FISCAL IMPACT: None
C:\crc\2.29 IlillIEcbangc
~-I /1.-1.
ORDINANCE NO. c:L5I if'
AN ORDINANCE OF THE CITY OF CHULA
AMENDING CHAPTER 2.29 OF THE CHULA
MUNICIPAL CODE CHANGING THE NAME OF
CHARTER REVIEW COMMITTEE TO COMMISSION
VISTA
VISTA
THE
SECTION I: The Chula vista Municipal Code is hereby
amended by amending the title of Chapter 2.29 from the "Charter
Review Committee" to the "Charter Review Commission".
SECTION II: sections 2.29.010 through 2.29.060 of the
Chula vista Municipal Code are hereby amended by changing all
references to "Committee" to "commission" so that it reads as
follows:
Chapter 2.29
CHARTER REVIEW OOUUITTEE COMMISSION
sections:
2.29.010
2.29.020
2.29.030
2.29.040
2.29.050
2.29.060
Creation.
Purpose and Intent.
Functions and Duties.
Membership.
Term of Office.
Operation of Oemmi~tee Commission.
2.29.010 Creation.
There is hereby created a Charter Review Committee Commission.
2.29.020 Purpose and Intent.
It is the purpose and intent of the City Council in
establishing the Charter Review Committee Commission to create an
advisory body which would serve as a resource to advise and make
recommendations to the city Council and the City Manager on issues
affecting the provisions of the Charter of the City of Chula vista.
The committee commission will work to identify language to amend to
City Charter to clarify or improve the workings of the City
government.
The purpose of the committee commission is to review the
organizational framework of City government and recommend changes
sufficiently in advance of elections to allow thoughtful city
council review and determination of whether to place the matter on
the ballot.
1
~-3
2.29.030 Functions and Duties.
The function and duties of the Charter Review CSRlillittee
Commission shall be as follows:
A. Constitute a forum for City-wide discussions, research and
analysis of matters relating to current or proposed provisions
of the City Charter, and amendment thereto.
B. Help coordinate citizen and staff ideas with regard to
potential Charter changes.
C. Formulate specific language for proposed Charter changes to be
submitted to the city Council in a form appropriate for
placement on the ballot at an election wherein the proposed
Charter changes can be submitted to the electorate.
D. Provide analyses and reports to the City Council in connection
with said recommendations.
E. Prepare and submit proposed ballot arguments in favor or
against proposed Charter changes.
2.29.040 Membership.
A. Number of Members.
The eemmittcc commission shall consist of seven (7) Voting
Members, and two (2) Staff Ex-officio Members.
B. Designation of Members.
1. Voting Members.
The seven (7) Voting Members shall be appointed by the
City Council from the qualified electors of the City in
accordance with the provisions of section 600, et seq. of
the Charter, whom shall be residents of the city and who
shall, throughout their term, maintain their residency
and elector status.
2. Staff Ex-officio Members.
The two (2) Staff Ex-officio Members shall be the City
Manager and the City Attorney, or their designated
representatives, who shall not be required to be a
qualified elector of the City, and who shall have no vote
("Staff Ex-officio Member").
2.29.050 Term of Office.
A. Term of Office--All Classes of Members.
2
Itr'l
1. Post-Initial Terms.
Except as otherwise provided in this Subsection A, the
term of office of all members, and all classes of
members, of said eemmittee commission shall be for a
nominal period of four (4) years, and shall terminate on
June 30th of the fourth year of their term, unless they
shall otherwise sooner resign, die, become disqualified
or incompetent to hold Office.
2. Initial Terms of Voting Members.
Notwithstanding subsection A.I., the Initial Terms of
Voting Members shall commence upon appointment and shall
conclude, for one (I) Voting Member on June 30, 1991; for
two (2) Voting Members on June 30, 1992;. for two (2)
Voting Members on June 30, 1993; and for two (2) Voting
Members on June 30, 1994, unless they shall otherwise
sooner resign, die, become disqualified or incompetent to
hold Office.
a. Appointment to Initial Terms by Lot.
Appointment of the initial Voting Members as to the
Initial Terms shall be determined by lot.
3. Staff Ex-officio Members.
The term of the Staff Ex-officio Members shall be
indefinite, and they shall serve at the pleasure of the
Council.
4. Holdover Office.
Notwithstanding the end of any Member's Initial Term or
Post-initial Term as herein provided, a Member, other
than the Staff Ex-officio Members, shall be permitted to
continue to exercise the privileges of his or her former
Office for not more than two (2) months after the end of
the term until the Office to which the Member was
appointed is filled by reappointment or by the
appointment of a qualified successor.
5. Vacancies.
Notwithstanding the term of Office to which a Member is
appointed, said Office shall be deemed vacant upon any of
the following events ("Event of Vacancy"):
a. The death or disability of said Member that renders
said Member incapable of performing the duties of
his Office.
3
t,-5
b. The member's conviction of a felony or crime
involving moral turpitude.
c. The member's absence from three (3) regular,
consecutive meetings of the committee commission,
unless excused by majority vote of the eelllfllittee
commission expressed in its official minutes.
d. he member has submitted a resignation which
resignation has been accepted by the city council.
e. The membership has been terminated by three
affirmative votes of the City Council.
Upon the occurrence of an Event of Vacancy as hereinabove
listed, the City Council shall so declare the Office to
be vacant, and shall expeditiously take such steps as are
necessary to fill said vacancy.
B. Number of Terms.
1. Voting Members.
a.
Two Term Limit. No Voting Member
appointed to more than two (2) terms
herein provided ("Two Term Limit").
shall
except
be
as
b. Unexpired Term Exception. Notwithstanding the Two
Term Limit, a person appointed to the cOlllHlittcc
commission as a Voting Member to fill the unexpired
term of an Office of a Voting Member which has
become vacant ("Unexpired Term") which has less
than two (2) years remaining on said Unexpired
Term, may be appointed to two (2) terms in addition
to their Unexpired Term. A Voting Member who
currently occupies an Office may not be
re-appointed to fill the Unexpired Term of another
Office which has become vacant.
c. Initial Term Exception. Notwithstanding the Two
Term Limit, a person appointed to an Initial Term
of two (2) or less years may be appointed at the
natural expiration of their Initial Term to two (2)
terms in addition to their Initial Term. A Voting
Member who occupies an Office under an Initial Term
may not be appointed to fill the Unexpired Term of
another Office which has become vacant.
d. Any Voting Member may be re-appointed to serve on
the committee commission after two (2) successive
years of not serving on the eemmittcc commission in
4
~ -(,
any Office or Membership capacity--Voting or Staff
Ex-officio.
2.29.060 operation of Gemmi~~ee commission.
A. Time of Meetings.
1. First Pre-election ("Organizational Meeting") . Among such
other meetings as the committee commission may desire to
have, the committee commission shall meet not later than
on the first Wednesday of the seventh month preceding the
next regularly scheduled municipal election
("Organizational Meeting"), and thereupon shall do the
following:
a. Select a Chairperson and a Vice Chairperson from
among its Voting Members to serve for a period of
one (1) year.
b. Assign such duties to its members as it determines
may be necessary..
c.
Deliberate upon
deliberation and
commission.
agenda issues
discussion by
for
the
further
cell\fl\ittcc
2. Other Meetings. The cOlI\fI\ittee commission shall meet at
such other times as it shall establish by majority vote,
or at such time as the Chairperson thereof may call, or
at such times as a majority of the members thereof may
call a meeting.
B. Place of Meetings.
Unless the cOlI\fI\ittee commission shall otherwise establish
another regular place for its meetings and advise the City
Clerk accordingly, the cemmittcc commission shall meet in the
Council Conference Room in the Administrative Building at the
city Hall Complex located at 276 Fourth Avenue, Chula Vista,
or at such other place as may be posted upon the door of said
Conference Room at least thirty (30) minutes in advance of the
Meeting.
C. Conduct of Meetings.
The meetings of the committee commission, and notice thereof,
shall be governed by the same rules and regulations by which
the City Council is bound in the conduct of public meetings.
5
~-7
D. Quorum.
Four Voting Members shall constitute a quorum for the
transaction of business.
E. Resolutions.
The affirmative vote of a majority of the entire membership
shall be required for the passage of any resolution of the
eommittee commission.
F. Reports and Recommendations.
All reports and recommendations shall be made in writing.
G. staff Support.
All officers and department heads shall cooperate with and
render reasonable assistance to the eelftlllittcc commission. The
City Manager may make available staff and clerical support to
the eelftlllittea commission to fulfill its functions and duties,
provided such staff and clerical support is available.
H. Rules and Regulations.
The eemmittac commission may make such rules and regulations
not inconsistent with the provisions of this Chapter."
SECTION III: This ordinance will take effect and be in
full force on the irtieth day from and after its adoption.
ed as to form by
Attorn
C:\crc\2.29ord.
6
~-~
---
COUNCIL AGENDA STATEMENT
Item
'7
Meeting Date 06/16/92
ITEM TITLE
1~~5?
Resolution adopting the new Emergency Response
plan and proposed Emergency Line of
Succession.
Fire chief~1~~4,
City Manager ,,'bJ ~ J! (4/5th Vote: Yes NoL)
In 1991, the City of Chula Vista, using grant
funds under the Emergency Management Assistant
Program (EMA), hired its first Disaster
Preparedness Specialist, Mr. Robert Nelson.
One of Mr. Nelson's duties was to develop and
draft a new Emergency Response Plan for the
City, and to establish an Emergency Line of
Succession.
SUBMITTED BY
REVIEWED BY
BACKGROUND
RECOMMENDATION:
That the City Council adopt the new Emergency
Response Plan and Proposed Line of Succession.
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable.
DISCUSSION:
The old plan
organization
guidelines.
was brief,
of the Ci ty
outdated,
or meet
did not reflect the current
State and Federal Government
The City Manager's Office was requested to have staff develop an
Emergency Line of Succession to assure continuity of local
government during a disaster, and to incorporate it into the new
City Emergency Response Plan. shoul~ Council wish an additional
copy of the Plan, one will be made available.
This plan, a copy of which has been given to each Council member,
has been reviewed by the Management Staff, senior administrative
members, and major Department Heads, each making recommendations
for required revisions.
The purpose of the Plan and its annexes are to:
1. Minimize the loss of life and property in the event of a
major disaster.
7,/
Page 2, Item ~
Meeting Date 06/16/92
2. Assist in providing for the needs of individuals and
families displaced by damage resulting from a major
disaster.
3. Provide for rapid recovery of City services, utilities,
schools, commerce, and industry.
4. Provide a basis for direction and control of emergency
operations.
5.
Coordinate operations with the emergency
organizations of other jurisdictions.
service
6. Provide a basis for the conduct and coordination of
operations and the management of critical resources
during emergencies.
7. Establish a mutual understanding of the authority,
responsibilities, functions and operations of government
during emergencies.
The Plan will be reviewed yearly by the City's Disaster
Preparedness Specialist for accuracy and required updates.
During emergencies one or more senior elected or appointed
government officials may be unable to carry out his or her
responsibi lit i es . The Emergency Line of Succession assures the
continuity of local government by establishing an extensive line of
succession which would immediately take effect until such time as
those officials can resume their functions or can be replaced by
statutory procedures. An emergency line of succession is
established for the government body (City Council) as well as City
management.
GOVERNING BODY:
. Mayor
. Mayor Pro Tern/Vice Mayor
. Remaining Council Members, in order of seniority
CITY MANAGEMENT
. City Manager
. Assistant City Manager
. Deputy City Managers in order of seniority
. Police Chief
. Fire Chief
. Director of Public Works
. Director of Finance
. Director of Building and Housing
FISCAL IMPACT: None.
/-,2
RESOLUTION NO.
1~"'5r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE CITY OF CHULA VISTA EMERGENCY RESPONSE PLAN
AND THE EMERGENCY LINE OF SUCCESSION
WHEREAS, there exists the possibility oE disasters within the
City of Chula Vista; and
WHEREAS, Ordinance No. 1408 Section.15.206. provides for the
development of an Emergency Plan, which shall provide for the
effective mobilization of all of the resources of this City, both
public and private, to meet any condition constituting a local
emergency, state of emergency, or state of war emergency; and shall
provide for the organization, powers and duties, services, and
staff of the emergency organization; and
WHEREAS, one or more senior elected or appointed government
official may be unable to carry out his or her responsibilities
during an emergency, an extensive line of succession is established
to assure continuity of local government, which would immediately
take effect until such time as those officials can resume their
functions or can be replaced by statutory procedures.
NOW, THEREFORE, BE IT RESOLVED that the City Council for the
City of Chula Vista does hereby approve the Emergency Response Plan
and the Emergency Line of Succession.
Sam G. Lopez
Fire Chief
Bruce M. Boogaard
City Attorney
Presented by
APptai
?-3
CITY OF CHULA VISTA
EMERGENCY LINE OF SUCCESSION
During emergencies one or
government officials may be
responsibilities. In order
government, an extensive line
would immediately take effect
can resume their functions
procedures. An emergency line
governing body (City Council)
GOVERNING BODY
. Mayor
. Mayor Pro Tern/Vice Mayor
more senior elected or appointed
unable to carry out his or her
to assure continuity of local
of succession is established which
until such time as those officials
or can be replaced by statutory
of succession is established for the
as well as City -management.
. Remaining Council Members in order of seniority
CITY MANAGEMENT
. City Manager
. Assistant City Manager
. Deputy City Managers in order of seniority
. Police Chief
. Fire Chief
. Director of Public Works
. Director of Finance
. Director of Building & Housing
~~
CITY COUNCIL AGENDA STATEMENT
Item If'
Meeting Date 06/16/92
ITEM TITLE: Resolution /~~~ ~pproving an Agreement with Four Square Video
Productions, Inc. for Economic Development Promotional Video
Production Services
SUBMITTED BY: Community Development Director ('7 .
-r;-'
REVIEWED BY: Executive Director 1C~ ~ }I (4/Sths Vote: Yes No X)
BACKGROUND: On August 28, 1991 Council approved the Economic Development
Commission's recommended Economic Development FY 91-92 Marketing Plan and related
budget, which includes the production of an economic development promotional video at a cost
of $28,000. The purpose of the video is to provide a brief (seven to ten minute) visual overview
of local assets and incentives for business to locate in Chula Vista. It will be used in meetings
with prospective businesses; mailed to targeted businesses; provided in response to business
inquiries; and displayed at local, regional and national conferences and trade shows.
RECOMMENDATION: That the City Council approve the resolution authorizing the contract
with Four Square Productions, Inc. in the amount of $27,824 and authorize the Mayor to
execute the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: The Economic Development Commission
recommended approval of this project and $28,000 in funding therefor at the joint meeting with
the Council on August 28, 1991 (see minutes, Attachment A).
DISCUSSION:
Economic Development Marketing Plan
The City's FY 91-92 Economic Development Marketing Plan provides for the collection of
comprehensive community and market-related data and the preparation of basic promotional
materials needed for an aggressive and proactive economic development program. Following
is a brief status report of the City's Economic Development Marketing Plan:
Among the promotional materials completed to date are:
o Promotional brochure (with maps, demographics and other market related data)
o Redevelopment Newsletter (describing project areas and development projects and
programs)
o Advertisements (an "image ad" and a business recruitment ad) and related
placements in trade journals.
~I
Page 2, Item fl:(
Meeting Date 4)/0/9.2.
A professional exhibit booth has been ordered and displays (maps, photos, community
highlights) are being prepared. This exhibit will be used to promote the City at trade shows,
conferences and special events.
A market study is currently being initiated. The study will identify specific business recruitment
and site development opportunities/strategies based upon analysis of the City's commercial and
industrial inventory, trends and projections. Production of the video will complete the Plan's
essential marketing materials.
Consultant Selection
An RFP was issued to nine (9) firms. Seven responses were received and evaluated. A
maximum $28,000 budget was specified in the RFP; responses ranged from $22,290 to $28,000
(see Attachment B for RFP distribution list and proposals received). Two firms were identified
as outstanding candidates and were interviewed by a panel consisting of Dave Gustafson,
Assistant Community Development Director; Cheryl Dye, Economic Development Manager; and
Jeri Gulbransen, Public Information Coordinator, in conjunction with a technical review by Mr.
Andy Jedynak of KNSD TV. (Mr. Jedynak was recommended by the San Diego Convention
Center Public Relations office which consults with him on their video projects.) Firms were
evaluated primarily based upon in-house capabilities; experience, and specifically experience
with economic development type promotional video productions; proposed technical, scripting
and conceptual approach; and sample videos.
Four Square Productions, Inc. was selected unanimously by the panel. The company's proposal
is included as Attachment 1 of the proposed contract, which is included here as Attachment C.
Firm highlights include:
1. Nineteen years experience.
2. Full-service in-house production and post production capabilities (custom-designed
facilities) .
3. Range of local, national and international clientele.
4. Proximity to Chula Vista as a National City-based company.
5. State of the art equipment, including digital D-2 video.
6. Knowledge of Chula Vista and local contacts.
7. In-house capability to reproduce, package and mail videos.
It should be noted that the City Attorney has identified Four Square Productions as an FPPC
filer. Generally, the firm's services will include: 1) developing the firm's overall theme and
concept; 2) preparing the script and graphics design; 3) filming City highlights (including aerial
shots) and person interviews, as appropriate; and, 4) delivering a top quality, final presentation,
all within specified timeframes and subject to City review. Key staff review benchmarks and
project timeframes are identified on page 2 of Exhibit A of the proposed contract. The proposal
?f"'~
Page 3, Item (
Meeting Date W91
provides for a 42-day timefrarne; the firm will be flexible in terms of accommodating City
scheduling (for input and review).
FISCAL IMPACT: Approval of the agreement will cost the City $27,824. Funds from the
Economic Development program budget were approved by Council at the August 28, 1991 joint
meeting with the Economic Development Commission and adopted by Resolution 16347 at the
September 17, 1991 City Council meeting. (Attachment D).
Attachments: (A)
(B)
(C)
(D)
Minutes, August 28, 1991 "or $U,I,I U
RFP Distribution List and Proposals Received
Contract, including Exhibit A and Attachment 1
Resolution 16347
[A:\VJDEO.1I3) Dye
~-.J I~-If
RESOLUTION
/6(,bP
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH FOUR SQUARE VIDEO
PRODUCTIONS, INC. FOR ECONOMIC DEVELOPMENT PROMOTIONAL
VIDEO PRODUCTION SERVICES
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
resolve as follows:
WHEREAS, On August 28, 1991, Council approved the fiscal year 1991-92
Economic Development Marketing Plan and budget, including $28,000 for the production of an
economic development promotional video; and,
WHEREAS, a Request for Proposals (RFP) for development of said video was
issued by the City and eight proposals were submitted; and,
WHEREAS, Four Square Video Productions, Inc. was judged to be the superior
firm as determined by a City staff panel.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby resolve as follows:
Section 1. That the City Council does hereby authorize the Mayor to execute the
attached contract with Four Square Video Productions, Inc. in the amount of $27,824 for the
production of an economic development promotional video.
Section 2. The City Council does hereby authorize the use of funds in the amount
of $27,824 from the fiscal year 1991-92 economic development budget from account number
100-0261-5201.
~.~~a~
Chris Salomone
Community Development Director
)
A~ir
(
"
Presented by:
Bruce M. Boogaard
City Attorney
[A:\VIDEO.RES]
8'-S/K',
Agreement between
City of Chula Vista
and
Four Square Video Productions, Inc. (Consultant)
for Promotional Video Production Services
This agreement ("Agreement"), dated June 16, 1992 for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit
A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as
such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity
indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth
on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on
Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, on August 28, 1991 Council approved the Economic Development Plan and
budget, including $28,000 for development and production of a promotional video; and,
Whereas, an RFP for production of said video was issued and eight proposals were
received; and,
Whereas, Four Square Productions, Inc. was identified by a panel of City staff members
to be the outstanding proposer.
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
Four Square Video Productions
Agreement
Revised: June 9, 1992
Page 1
8"'7
OBLIGATORY PROVISIONS
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled " Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames
set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of
this agreement. The General Duties and the work and deliverables required in the Scope of
Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete
the Defined Services by the times indicated does not, except at the option of the City, operate
to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services (" Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perform same on a time and materials basis at the rates set forth
in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise
agreed upon. All compensation for Additional Services shall be paid monthly as billed.
Four Square Video Productions
Agreement
Revised: June 9, 1992
Page 2
~-8"
E. SrnnrurrdofC~e
Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a manner consistent with that level of c~e and skill
ordinarily exercised by members of the profession currently practicing under simil~ conditions
and in simil~ locations.
F. Insurance
Consulrnnt represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, ~e protected against the risk of loss by
the following insurance coverages, in the following categories, and to the limits specified,
policies of which ~e issued by Insurance Companies that have a Best's Rating of "A, Class V"
or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, P~agraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, P~agraph 9, combined single limit applied
sep~ately to each project away from premises owned or rented by Consultant, which names City
and Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise c~ ("Primary Coverage"), and which treats the employees of the City and Applicant
in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9,
unless Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consulrnnt shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
Four Square Video Productions
Agreement
Revised: June 9, 1992
Page 3
<6-9
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of
the Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities,
files and records by Consultant throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph
10, and with the further understanding that delay in the provision of these materials beyond 30
days after authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 11 adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate arrangement, and
shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit
A, Paragraph 13, as said party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
Four Square Video Productions
Agreement
Revised: June 9, 1992
Page 4
~-I ()
11
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time, when granted, will be based upon
the effect of delays to the work and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant
is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest
and disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15
of Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence
a governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
Four Square Video Productions
Agreement
Revised: June 9, 1992
Page 5
8'-/1
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any property
which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as
listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement,
except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or
for any third party which may be in conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
7. lIold lIarmless
Consultant shall defend, indemnify and hold harmless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any
agent or employee, subcontractors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising from the sole negligence or sole
willful conduct of the City, its officers, or employees. Consultant's indemnification shall include
any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents,
or employees in defending against such claims, whether the same proceed to judgment or not.
Further, Consultant at its own expense shall, upon written request by the City, defend any such
suit or action brought against the City, its officers, agents, or employees. Consultants'
indemnification of City shall not be limited by any prior or subsequent declaration by the
Consultant.
Four Square Video Productions
Agreement
Revised: June 9, 1992
Page 6
g'-/~
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of
the City, and Consultant shall be entitled to receive just and equitable compensation for any
work satisfactorily completed on such documents and other materials up to the effective date of
Notice of Termination, not to exceed the amounts payable hereunder, and less any damages
caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense
to City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing
herein is intended to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided
in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City, which City may not unreasonably deny.
Four Square Video Productions
Agreement
Revised: June 9, 1992
Page 7
8'-1.3
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole
and exclusive property of City. No such materials or properties produced in whole or in part
under this Agreement shall be subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express written consent of City. City
shall have unrestricted authority to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall conform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in
the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
Four Square Video Productions
Agreement
Revised: June 9, 1992
Page 8
8'''/'1
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers and
cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report
or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals
are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall
be deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
Four Square Video Productions
Agreement
Revised: June 9, 1992
Page 9
8'-1->
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this Agreement,
and that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[End of page. Next page is signature page.]
#lJr SeANNEII
Exhibit List to Agreement:
(X) Exhibit A.
( ) Exhibit B.
Four Square Video Productions
Agreement
Revised: June 9, 1992
Page 10
t',/(, /8-11
JUN-
9-9.:2 TUE
16=13
P..02
P. 12
_.Jlli- 9-92 1t.E 15:35
cootIIJNltv DEVELOPIfJIT FAX NO. 6184165310
Bipaturc l'ap
m
Aareemnt tJawe,r Gty of CInUB V'uIa and
Pour Squam..... ~ ~ ~faJ1t)
f<< PromOtloII81 Video boductlons Sen:k:es
1)1 wmmss WBDEOF, at, aDd COIIIIiIIInt ~ eucvfId UrlB A&i~1'PCDt ~
indkatfns ihal1hey ~ read IIId DDdenloOO ~ and~ 1beIr:full ~ compIIfe 4:O"......t
to itJ 1i\InIr.
Deled:
,19_
City of CbWa Va
Br-
Tim Nader, Mayor
.i!lIcst
Jevedy A13tbetct. C5ty CleJk
AppIovcd u 10 form:
Bruce M. :!IccJpard, C'Jty At10mey
By.
D:deCS:
%10m ~
-::I
I'jZatfJ1:I~
:Br.
~I'.;wtl
lIP
--.-- -.... -.........-
1111111111111111111111111111111111111111111111111111111111111111111111111111IIIIIIIII1IIIItltllllllllllllllllllllllllllllllllllll1111111111111UlllllllmtnllllU1IIIIIIIImmlllllllll.llllllllllllllUIIIIIIIIIIUlIIIIII.IIIIIIUlIILIIIIIIIIIIIIIIII1IIIIIIIII10111111111101I11111111111111111111nllllllllllllllllllllllllllllll
F/,/?
Exhibit List to Agreement
(X) Exhibit A.
( ) Exhibit B.
[A:\VIDEO.AGM)
n,.
Four Square Video Productions
Page 12
Revised: June 9, 1992
~~l~
Exhibit A
to
Agreement between
City of Chula Vista
and
Four Square Video Productions, Inc.
1. Effective Date of Agreement: 6/16/92
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of 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]
3. Place of Business for City:
City of Chula Vista
Community Development Department
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Four Square Video Productions, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Four Square Video Productions
Exhibit A
Revised: June 9, 1992
Page 1
8" ~i 8
6. Place of Business, Telephone and Fax Number of Consultant:
Four Square Productions, Inc.
135 Civic Center Drive
Voice Phone - 474-5566
Fax Phone - 477-6443
7. General Duties:
To develop and produce a 7-10 minute promotional video on the City of Chula Vista.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
See Attachment 1
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: With Notice to Proceed
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Script and production outline - One week from Notice to
Proceed
Deliverable No.2: Draft script - One week from City staff approval of outline
Deliverable No.3: Final script and graphic design - One week from City staff
approval of draft script
Deliverable No.4: Photography and draft video ("rough cut") - Two weeks
from City staff approval of final script and graphics
(Photography may be delayed due to inclement weather)
Deliverable No.5: Final presentation - One week from City staff review and
final comment and changes to "rough cut" video
Four Square Video Productions
Exhibit A
Revised: June 9, 1992
Page 2
W~/q
D. Date for completion of all Consultant services: See "C" above.
Where any inconsistency in language occurs between this Agreement, including Exhibit
A, and language in Attachment 1, the language in this Agreement and Exhibit A takes
precedence.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
( ) Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
a. Written promotional materials and conceptual maps
b. Suggested shot locations and interviewees
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables
set forth below:
Single Fixed Fee Amount: $27.824, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
o
20% paid upon Notice to Proceed
20% paid upon approval of final script
30% paid upon approval of rough cut
30% paid upon approval of final edit
($5,564.80)
($5,564.80)
($8,347.20)
($8,347.20)
o
o
o
The fees quoted in the proposal (Scope of Work, Attachment 1) are in effect for the
period of this agreement, i.e. until approval by City staff of the final video. Shooting delays
Four Square Video Productions
Exhibit A
Revised: June 9, 1992
Page 3
~-,) ()
due to factors beyond the City's control, including but not limited to weather interference, will
not result in additional costs to the City.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as
are separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant
shall not commence Services under any Phase, and shall not be entitled to the compensation for
a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
Fee for Said Phase
1.
$
2.
$
3.
$
C.
( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall
pay Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of
Consultant for $ including all Materials, and other "reimbursables"
("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal
to ("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and
Four Square Video Productions
Exhibit A
Revised: June 9, 1992
Page 4
8",) I
approved by the City. Nothing herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Writer/Director John DeBello N/A
Cinematographer/Editor Thorn Owens N/A
Producer Tom Merritt N/A
Coordinator Miriam Schip.pers N/A
Composer Bill Coe N/A
See "Contingencies", Attachment 1, Exhibit 2
( ) Hourly rates may increase by 6% for services rendered after [month],
19 , if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
() Other Actual Identifiable Direct Costs:
Four Square Video Productions
Exhibit A
Revised: June 9, 1992
Page 5
g'-,2t j?-:u
14.
15.
13.
Contract Administrators:
City: Chris Salomone, Community Development Director
or Cheryl Dye, Economic Development Manager
Consultant: John DeBello, President
/
Liquidated Damages Rate: N/ A
,
/
Statement of Economic Interests, Consultant Reporting (ia~egories,
Interest Code:
per Conflict of
( ) Not Applicable. Not an FPPC Filer.
(X) FPPC Filer
(X) Category No. 1.
(X) Category No.2.
() Category No.3. Inve ments, interest in real property and sources of
income subject to tb regulatory, permit or licensing authority of the
department.
(X) Category No.4. nvestments in business entities and sources of income
which engage i land development, construction or the acquisition or
sale of real pr perty.
ec> Category N .5. Investments in business entities and sources of income
of tbe typ which, witbin tbe past two years, have contracted with the
City of hula Vista (Redevelopment Agency) to provide services,
supplies materials, machinery or equipment.
( ) Categ ry No.6. Investments in business entities and sources of income
of tb type which, within the past two years, have contracted witb the
des' nated employee's department to provide services, supplies,
m erials, machinery or equipment.
() Cat ory No.7. Business positions.
Four Square Video Prod
Exhibit A
Revised: June 9, 1992
Page 6
5]".1 J
t\
13. Contract Administrators:
City: Chris Salomone, Community Development Director
or Cheryl Dye, Economic Development Manager
Consultant: John DeBello, President
14. Liquidated Damages Rate: N/A
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( ) Not Applicable. Not an FPPC Filer.
(X) FPPC Filer
(X) Category No. 1. Investments and sources of income.
(X) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
(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.
() Category No.7. Business positions.
Four Square Video Productions
Exhibit A
Revised: June 9, 1992
Page 6
g',;1
.
,
( ) List "Consultant Associates" interests in real property within 2 radial
miles of Proj eet Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
N/A
[A:\VIDEO.EXH]
0,.
Four Square Video Productions
Exhibit A
Revised: June 9, 1992
Page 7
<[5'.{> /8-)"
ATTACHMENT 1
SCOPE OF WORK
3'"' .2~
FOUR SQUARE:
PRODUCTIONS, inc.
Communication Through Media
..
1111
May 9, 1992
Ms. Cheryl Dye
Economic Development Manager
City of Chula vista
276 Fourth Avenue
Chula Vista, California 91910
Dear Ms. Dye,
I appreciate the opportunity to submit a proposal for
production of an economic development video for the city of
Chula Vista.
Briefly, the enclosed proposal includes the following
features:
1. Production by South Bay-based Four Square Productions,
with 19 years of international experience producing similar
presentations.
2. The company's top creative team, headed by a 35 year
Chula Vista resident.
3. Total in-house production services, concept to
completion, with mastering on state-of-the-art digital D2
video.
4. Comprehensive state-of-the-art 3D graphics.
5. Custom music score, and a stereo master.
6. Modular design for easy, cost-effective updating.
I feel confident that the enclosed proposal will give Chula
Vista a dynamic, first class marketing and sales
presentation.
~
Thank you for your consideration.
::it:;'~lO
President
JD:as
enc: proposal, sample tape
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
8"'; ?
FOUR SQUARE:
PRODUCTIONS, inc.
Communication Through Media
A Proposal
for the Production of a
BUSINESS DEVELOPMENT VIDEO PRESENTATION
Submitted by
John A. DeBello
President
4/11/92
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
for the
CITY OF CHULA VISTA
'l' - ~ g"
THE COMPANY
Four Square Productions, Incorporated, is a National City
based motion picture and videotape production company
specializing in corporate image, business development, and
public relations presentations for an international
clientele.
Established in 1973, the company has recently produced
economic development presentations for the cities of National
city, Poway, El Centro, and the Imperial Valley, as well as
numerous businesses across the country, including banking
giant Manufacturers Hanover.
Four square's major corporate clients include Hewlett
Packard, Cubic Corporation, Oak Industries, General
Instrument, and literally hundreds of others (see attached
brochure "client list.")
The company's profile in the South Bay includes award winning
projects for McMillin communities, the Chula vista Nature
Interpretative Center, the Arco Olympic Training Center,
Pasha Services, and broadcast television for the Mile of
Cars.
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
~-- .; ?
Page Two
In addition, the company produced the video portion of the
presentation that brought the 1988 Super Bowl to San Diego,
and has produced shows for the San Diego chapter of the
united Way, the Port of San Diego, and the San Diego
convention Center.
The staff of twelve includes three writer/directors, two
producers, and support personnel. The company owns and
operates a 10,000 square foot custom-designed production
building, which includes a soundstage, audio studio, and
comprehensive, state-of-the-art digital video editing
facilities.
THE PROJECT
Four Square Productions (Producer) will produce a 7-10 minute
video presentation for the City of Chula Vista, per
specifications of the RFP of April 23, 1992.
All questions addressed by the RFP are covered in the
following proposal.
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
3'- .30
Page Three
CONCEPT
We will stress Chula vista's accessibility, flexibility, and
commitment to commercial, retail, and industrial
development--a position supported by a history of success.
Chula vista has an outstanding tradition of mutually
beneficial partnerships with the business community. The key
to our approach will an emphasis on the city's ability to
identify, nurture and seize opportunitv--a strength critical
in today's highly competitive business environment.
We'll examine the city's proven ability to adapt to the needs
of the contemporary business climate...nineteenth century
agri-business giving way to the manufacturing boom of the 40s
and 50s, the retail trade developed during the 1960s, and
current benchmark efforts such as development of the bay front
and otay Mesa.
As home to a Fortune 500 company, Rohr Industries, the city
is able to respond quickly and effectively to the needs of
all business--Iarge and small. After all, Fred Rohr's
enterprise had modest beginnings in Chula Vista...over the
past fifty years, the city has played an important role in
the company's growth.
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
8" 31
Page Four
Chula vista is uniquely situated to take advantag~ Of a
tremendous international opportunity...the American/Mexican
economic partnership grows stronger daily, and the seeds of
that relationship were sown right here. We'll examine the
city's strategic location between the Port of San Diego and
the busiest border crossing in the world, and the dynamic
consequences for a wide range of businesses.
We'll paint a visual portrait of the city's charm and
spaciousness...the tree-lined homes along Pepper Tree Drive,
the "small town" ambiance of Third Avenue. Chula vista is a
communitv, with longstanding values and traditions. It's a
great place to live, and work.
Despite it's cozy atmosphere, it's just minutes away from a
world class airport, and boasts a large labor base within the
immediate area.
(This information will be supported by a
series of custom-designed, computerized graphics. See
"Graphics" under "Post-Production.")
I
We will support the thrust of the presentation with a series
of interviews featuring "real" individuals. These soundbites
will not be scripted, but rather culled from a series of
"question and answer" sessions.
,
J
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
8" .:J )..
Page Five
Individuals may include community leaders, small businessmen,
and long-time residents.
(see the "El Centro" sample tape.)
PRE-PRODUCTION
(script, budget, timeframe, contract, liability insurance.)
Script
An outline and script will be written by John DeBello (see
"Personnel") after consultation with the client. Client will
have script approval prior to commencement of principal
photography.
Budqet
The total cost of the presentation will $27,824.00, payable
one-half upon initiation and the balance upon completion of
the project.
(see attached budget for category line items.)
Timeframe
The presentation will take approximately six weeks from
concept to completion:
Script and consultation 1 week
Principal photography 2 weeks
Roughcut edit 2 weeks
Final edit 1 week
c~
A s e con ~s attached, per specifications.
Liabilitv Insurance
Four Square has $1 million liability coverage for all
production work. Documentation is attached.
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
8'" 'J:;
Page six
PRODUCTION
(Principal photography, aerial photography, production format
and equipment.)
Principal Photoqraphv
A Four Square camera crew will spend five days filming the
presentation. This will be allocated over a period of two
weeks, maximizing efficiency. The presentation will be
written and produced by company president John DeBello, who
will also direct all "interview" and live action segments.
The show will be filmed by staff cinematographer Thorn Owens,
who will also direct second unit segments. (see "Personnel"
for backgrounds of all key individuals.)
Aerial Photoqraphv
Two hours of aerial photography have been allocated. Thorn
Owens will shoot from a Bell Jet Ranger, utilizing an
industry-standard Tyler middle mount for added stability. In
addition, Four Square will supply at NO CHARGE existing
aerials of San Diego and environs for possible use.
Production Format and Equipment
The video will be originated on Betacam SP, and mastered onto
state-of-the-art digital 02 format. 02 is ideal because it
.'1
eliminates generation loss that occurs when conventional
analog formats are "sub-mastered" for foreign language use.
Every version of this presentation will maintain first
generation quality.
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
3''' 3'1
Page Seven
The presentation will be shot using a Sony Betacam SP 300CCD
camera.
POST PRODUCTION
(Editing, graphics, audio sweetening, voiceover, music,
duplication services.)
Editinq
The show will first undergo a "roughcut" for client approval,
approximately two weeks after completion od principal
photography. At this point of the process, a narration
scratch track will accompany a "cuts only" version of the
show. The Client will make any final visual or script
changes at this time.
Final "on-line" edit will occur immediately following. This
includes all graphics, digital video effects, and visual
elements. Cinematographer Thorn Owens will serve as editor on
the show.
Graphics
A series of six custom graphics will be created for the show,
using an Abekas A53D, Inscriber graphics system, and Quantel
Paint Box. Client will provide approved logo-design and lay
out; we can make an exact duplicate of logo and color scheme
for use in the video presentation.
(Note "Rancho Del Rey"
logo in the enclosed McMillin Communities sample tape.)
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
8',)5'
Page Eight
Audio Sweeteninq
This occurs following completion of the picture cut. All
audio elements, including custom music, sound effects, and
voiceover are mixed and laid onto the presentation. This
will take place in-house at Four Square's audio studio, which
features 16 track recording, SMPTE interlock, and hard drive
optical disk. Following audio sweetening, the completed show
is ready for client approval.
voiceover
A narrator is budgeted at AFTRA scale industrial rate. We
have numerous individuals to choose from; a decision will be
made in concert with the client.
Music
A custom music track will be created for this especially for
this program by Bill Coe (see "Personnel. ") Client will
approve all music elements prior to completion of the score.
Foreiqn versions
Four Square provides foreign language versions of many shows;
common languages include Spanish, French, Japanese, Chinese
(Cantonese and Mandarin), and German. The cost of a foreign
..,
language master version is approximately $1800 per language,
including translation, professional voice talent, tape stock
and audio mixdown.
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
8''' J f,
Page Nine
DUDlication services
Thus far in 1992, Four Square has duplicated more than 30,000
videocassette units for a variety of clients. We provide
duplication, packaging, box art, and mailing. Recent clients
include Hewlett Packard, the University of Miami, San Diego
State University, General Instrument and many others.
(Samples of packaging and box art are available upon
request. )
KEY PERSONNEL
John DeBello (Writer/Director)
President of Four Square productions, he has written and
directed over 200 major corporate video presentations during
his 19 years with the company. Clients include Carnival
Cruise, Harvard University, the United States Olympic
committee, and many businesses across the country. A
resident of Chula Vista since 1955, he graduated from Bonita
vista High School and UCSD.
Thorn Owens (CinematoqraDher/Editor)
A staff member for seven years, Thom serves as the company's
top cinematographer. Recent projects (as cameraman and
editor) include award winning shows for Hewlett Packard,
Champus, sjoberg, Barrett Homes, and Watkins Manufacturing.
A San Diego native, he attended the prestigious USC Film
School.
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
8'37
Page Ten
Tom Merritt (Producer)
Company general manager Tom Merritt has a 30 year background
in video communications. Clients include Wrigley's Gum,
Woolite, McDonald's, Key Technologies, and Cubic Corporation.
Miriam Schippers (Coordinator)
As staff coordinator, Mirjam is responsible for handling
production logistics and client communications. She has
handled these responsibilities on numerous projects,
including recent presentations for the City of National City,
the City of Poway, and the Escondido Performing Arts Center.
Bill Coe (Composer)
The operator of Four Square's in-house DigiTrax Soundstudio,
Bill brings 18 years of experience to the job. He has
composed music for more than 300 commercials and video
projects, with clients including Buick, Travelodge, Hewlett
Packard, and many others. A graduate of Hilltop High School
and San Diego State, Bill resides in Chula vista.
REFERENCES
The following individuals will attest to the quality of our
work:
'"
Linda Parsons
Executive Vice President
McMillin Development Inc.
2727 Hoover Ave.
National City, CA 91950
474-4117
Gary Schneider
Sales Program Training Mgr
Hewlett-Packard
16399 West Bernardo Dr.
San Diego, CA 92127
487-4100
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
~.. 3c(
..... .........................---, -..-- ~--------
Kevin Kelly
Executive Vice President
El Centro Chamber of Commerce
1100 Main street
P.O. Box 3006
EI Centro, CA 92244
352-3681
Dan Wilkens
Director of Public Affairs
San Diego Unified Port District
3165 Pacific Highway
P.O. Box 488
San Diego, CA 92112
291-3900
SAMPLE TAPE
Page Eleven
George Waters
Mayor
city of National city
1243 National City Blvd.
National City, CA 91950
336-4411
Janet Hoy
Marketing Director
Aetna Health Plan
16855 West Bernardo Dr.
San Diego, CA 92127
451-8552
The enclosed videocassette gives three examples of relevant
work. They are:
1. "The Difference." A 2:30 overview of Four square's
style, and diverse client base. This serves an as
introduction into our background and range of experience.
2. "Discover EI Centro." Produced for the EI Centro Chamber
of Commerce, this production targets an audience very similar
in scope to that of Chula Vista, with aerials and interviews.
(Note: the graphics are less sophisticated than those we
propose for the Chula vista video.) Produced by John
DeBello, edited by Thom Owens.
3. "Rancho Del Rey." An overview of McMillin Communities'
new project, it includes graphic design identical to the
project brochure, and a storyline geared to investment
participation. written and directed by John DeBello, filmed
and edited by Thom Owens.
c'
SUMMARY
This proposal is designed to give the City of Chula vista a
first rate video presentation that will present Chula vista
as a prime, attractive location for business opportunity.
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
3'~3?
Page Twelve
We will take special care, in both concept and execution, to
maximize the video's impact, reinforce its timely message,
and to facilitate simple, cost-effective updates at an
appropriate time in the future.
Over the past nineteen years, Four square productions has
become San Diego's communication leader; we'd enjoy the
opportunity to put our unique South Bay background to work
for the city of Chula vista.
, ~tV'l
S1 el~
Jo i. DeBello
President
JD:as
attached:
Budget
Sample Contract
Proof of Insurance
Sample Reel
Brochure
~
135 Civic Center Drive
National City, California 91950
(619) 474-5566
FAX (619) 477-6443
~ -Iff)
FOUR SQUARE PROOUCTIONS
135 Civic Center Drive
NationaL City, CA 902051
(619) 474.5566
Fax (619) 477.6443
CLIENT: City of ChuLa Vista
JOB TITLE: 0
AGENCY: Community Development Dept.
AGENCY CONTACT: Cheryl Dye
PHONE: 691.5047
ADDRESS: 276 Fourth Ave.
Chula Vista, Ca. 91910
FAX: 0
PRE. PROOUCT ION
S3,175.00
PROOUCTION
Crew & Staff
TaLent
Vi deo Equi p
Fi lm Equip
Audio
lighting
Grip
Stage
Location
TOTAL PROOUCTION
S7,050.00
5450.00
S3,724.00
SO.OO
SO.OO
S166.00
S723.00
SO.OO
S1,969.00
S14,OB2.00
Program Length: Min 10
Production Notes:
~complete Production
WFaci 1 hies & Crew
COFCV.XlS
EXHIBIT 1
Estimate effective for ~~~;:'" O{ a{\I'i~w\'4
and ;s based on client specifications
Should requirements go beyond
original specifications
overtime hours and additional shoot days
are listed in Exhibit 2
JOB NUMBER:
SHOOT OATES:
POST OATES:
OEAOLl NE:
DATE OF EST: 1/1/04
PREPARED BY: JD/tm
POST-PRODUCTION
Film & Lab
Film Xfer/Tape Stock
Audio
Editing
Dubbing
TOTAL POST
SO.OO
SO. 00
S1,445.00
54,185.00
S300.00
S5,930.00
TOTAL DIRECT COSTS
PROOUCTlON FEE
TAX
TOTAL
S23,187.00
54,637.40
SO.OO
S27,824.00
50% PREPAYMENT
S13,912.00
Finished Minute Price
Page 1
8',0//
JUN-11-92 THU
15:43
P.83
COFCV. XLS
eXHIBIT 2
CONTINGENcres
A ,hoot dilly comprise, 10 hours. AllY lIddi1:foneL hours per da,
witt fn~ cvtrtime dhatgt. .8 shQwn be~Gw.
In the .... of In ov.rlime imp".liv., you will be n.tl'lld
immediat.~y end offttt4 tho optlun 01 nodlfyfng Ihe script or the
8ptoifif.tiQna of 1hi. ..tfmat. to Ivold going over ~t.
To dcGt'in.. this optlvn 1s to <=~n8ent 'to avertirae eh,tg", over Ind
.bow "timan toUl.
C;:row OvarUM (over 10hrl)
$112.50
CreN Overtime (over 12hra)
$230.00
Adc:litfooe! "jtiok uP" CleystSUSle not fneluded)
Clmermnan & Camer, Pkg. .5 day $800
CMlDri!ll\"lan wI auhltant FuLl day $1600
C=mol"iiI Pk..
~ltlone( Odltlng W/suporVI.lon (por hour)
Off Line $60.00
ora Lint- '175.00
*P'triph.,..L. Iddft'fonllL
Paae .,
~-Y~/i-'I.i
,.0-
j
ATTACHMENT A
Minutes
August 28, 1991
Page 4
,
City Manager Goss reviewed the marketing plan budget as reviewed by staff. He supported the basic bud et
as proposed by the EDC and recommended supplemental funding of $51,000. The initial recommendacfon
was that the funding should be split 85% from the Redevelopment Agency and 15% from the General Fund.
He recommended funding of 85% from the Redevelopment Agency and 15% from the Economic Development
section of the Community Development Block Grant funds. Therefore, no funds would be expended from
the General Fund. The recommended budget is not intended to preclude the Commission from returning
to the Council for subsequent appropriations should they be needed as a result of a change in the
implementation schedule. The additional $51,000 will have to come back to Council as a supplemental
budget memo for approval.
Councilman Moore stated he was ready to move forward on the plan as submitted including the marketing
plan budget.
MS (Moore/Nader) to amend the budget to reflect the recommended changes by the City Manager.
Councilman Rindone stated that the funding was seed money and that Council should give cle direction
of where they wanted to go. A plan needed to be addressed on how to retain businesses within e City,
review of processing fees in order to be competitive with surrounding communities, and the roll of ho the
Council sees the Commission members being activated. He felt the City was fortunate to have the 11
c "ber level of volunteers and felt they should know what their roll or function should be. He would like
to se ow they perceive their talents and abilities to assist the City and Council most effectively.
Chairman R d responded that the Commission had deflned what they felt were their responsi~ilities and
these were incl d in their Mission Statement. Theywere prepared to commit themselves to working with
staff and Council t ake this a viable economic development plan for the City. They are not prepared to
address additional fun' that mayor may not be needed based on the priorities that may be set. The fmal
package is being brought Council for approval in order to move the program off dead center. It is now
up to the Council to review approve if appropriate.
Councilman Malcolm reiterated that City was "broken" regarding the processing procedures required for
permits, etc. He felt it important to take re of the City flrst to see what can be offered and what the City
can do with existing businesses/industry. ce this has been done then the City can branch out in order
to attract new business/industry.
Member Gerber referenced the short term projects sub . ed to Council for review. The EDC needs to know
what is important to the CounciL
Chairman Read responded that the Commission would be doing any different things, they are going to
have to be diversified so that opportUnities are not missed. Therefor they will not be able to place 100%
focus on anyone project at a time.
Member Gerber questioned the procedure Council would prefer the Commissi
requests and recommendations to Council.
Mayor Pro Tempore Moore responded that the fastest way to bring a request or recommen 'on to Council
would be through the "Boards and Commission" section on the agenda. If it is an item that cil input
is requested, a joint Council Workshop Meeting could be scheduled.
VOTE ON MOTION AS AMENDED: approved 342 with Councilwoman Grasser Horton and Mayor Nader
absent.
Mayor Pro Tempore Moore stated that with the approval of the motion the plan was approved, budget
approved, and anything over $35,000 has to be brought back to Council for approval.
City Manager Goss stated that the funding will have to be brought back to Council as a resolution for
approval. B" L/ J
~
-
.1
CITY OF CHULA VISTA
MEMORANDUM
DATE:
August 22, 1991
TO:
Honorable Mayor and City Council
John Goss, cf:,J.,r=ger~,-~
Dawn Herring~et Manager
VIA:
FROH:
SUBJECT:
Budget Review of Economic Development Marketing Plan
==============----=======================--=--=======
On August 28, 1991 the City Council will meet jointly with the Economic
Development Commission (EDC). The EDC will present a recommended Economic
Development Plan and additional appropriation of $92,000. Economic Development
is funded 85% from the Redevelopment Agency and 15% from the General Fund. The
budget presented for the marketing plan has been reviewed and the Manager
recommended supplemental funding is $51,000.
The plan as presented is very ambitious, and while presenting an excellent
program, it does not appear feasible to accomplish all that is set forth during
the current fiscal year. It is recommended that this plan be phased in over a two
year period. The highest priority items and those which will form the foundation
for the second phase of the program are recommended for approval in this fiscal
year. Those items not recommended for funding are recommended to be included in
the EDC's budget request for FY1992-93.
FY1991-92 Marketing Plan Budget
Marketing Current Manager
~ Plan ReQuest Bud~et Recommended Justification
Market Analysis 35,000 0 35,000 Provides foundation for fuwte ""'"
Target Industry Analysis 20,000 0 0 Should b. completed after Market
Analysis
Theme and logo design 600 600 600 Required for brochure and
Masthead
Brochure 54,670 54,670 54,670 Brochure almost complete
Printing masthead 2,000 1,000 2,000 Use of masthead is cost effective
approach to printing needs
Annual newsletter 12,950 12,950 12,950 Newsletter almost complete
><-- Video Production 30,000 26,000 CEa,oov Needed for Trade Shows
Trade Show exhibit 10,000 0 10,000 Development of this exhibit i.
required prior to attendance at trade
shows
?i'-'I'I
,.....
"""
j
Advertisement Production
6,000
o
o
Use the $15,000 budget for
advertising for both the development
of advertisements and p1acement cost.
Time required to develop ads will
reduce time during this IT to place
ads.
Advertisement placement
15,000
15.000
15,000
See above
Trade Show Registration
(')
6,000
o
3,000
Trade show exhibit will
obtained in time to
attendance at 4 trade
Recommend attendance at
fiscal year.
not be
allow
shows.
Z this
Sponsored events
10,000
2,000
2,000
Remainder of program implementation
will Dot leave sufficient time
this year to sponsor more than the
event currently budgeted
Misc. Budget Items(2)
----"-
7,370 7,370
TOTAL
$202,220
$119,590 $170,590
The recommended budget it not intended to preclude the Commission from returning
to the Council for subsequent appropriations should they be needed as a result
of a change in the implementation schedule.
(1) Includes funds encumbered from prior years.
(2) Economic Development Commission Budget included this amount in addition to
what was listed in the marketing plan Budget. The funds are for Travel($5,8l0),
Printing($600), Memberships($500) , Postage($250), and Milage, Office Supplies and
Books($2l0).
8" '15
City of Chula Vista
Economic Development Promotional Video
Production Consultant
RFP Distribution List
1.
Mr. John Mincey
Mincey Productions, Inc.
8050 Ronson Road
San Diego, CA 92111
2.
Mr. Fredric Ashman
Multi Image Productions
849 Complex Drive
San Diego, CA 92123
3.
Mr. John DeBello
Four Square Productions, Inc.
135 Civic Center Drive
National City, CA 91950
4.
Ms. Deborah Rezell
JM Television Productions
2808 Roosevelt Street
Carlsbad, CA 92008
5.
Mr. Mike Larsen
Lightning Corporation
7854 Ronson Road
San Diego, CA 92111
6.
Mr. Darren Angus
International Corporate Video, Inc.
1020 Serpentine Lane, Suite 114
P1easanton, CA 94566
7.
Ace Video
Harold Frazer
4475 Mission Blvd., Ste. 215
San Diego, CA 92109
8. Jack Armstrong
World Video Productions
10625 Scripps Ranch Blvd.
San Diego, CA 92131
9. Mr. John Meyer
Alden Design, Inc.
2157 India Street
San Diego, CA 92101
[A:\VIDEO.COS]
Attachment B
----.
Proposals Received
~... '1(,
$26,716
$27,800
$27,824
$22,290
$25,785
$28,000
$22,370
ATTACHMENT D
RESOLUTION NO. 16347
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING FY 1991-92 BUDGET AND PROVIDING FOR THE
APPROPRIATION OF FUNDS FOR SALARY, FRINGE BENEFITS
INCREASE AND OTHER RELATED ITEMS
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, when the FY 1991-92 budget was approved by Counci 1, there remained
many questions regarding the impact of the State's budget; and,
WHEREAS, that impact has largely, although not completely, been determined
and it is requested that Council amend the budget to include the correct amounts
for salary and benefit changes, other miscellaneous amendments and, as requested,
return to the "Wish List" to determine if any items should be included in the
amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the following appropriations and amendments to the FY
1991-92 Budget:
1. General Fund
2.
r"
4.
5.
Salary and Benefit Increases
Mayor Retirement Adjustment
Youth Community Center
Employee Benefit Plan
Economic Development
Literacy Program Reduction
NPDES Reduction
$1,001,235
4,313
118,300
60,760
51,000
<19,350>
< 9.960>
Total General Fund Adjustments
Reduction in Equipment Replacement Fund
Transfer from Redevelopment Agency to
Support General Fund Economic Development
Program
Transfer from Storm Drain Revenue Fund
227 to General Fund to support National
Pollutant Discharge Elimination System (NPDES)
Appropriation from fund balance of Storm
Drain Revenue Fund
$1,206,298
==========
<$ 454,000>
----------
----------
$ 43,350
=:::=:======
$ 227,750
==========
$ 33,550
==========
l>''I?
Resolution No. 16347
Page 2
6. Appropriation from fund balance of Low
and Moderate Fund for Legal Services $ 13,010
c:ac======
7. Appropriation from the General Fund
Balance to Reserve for Booking Fees $ 400,000
-==-======
8. Appropriation from the General Fund
Balance for Parks and Recreation Staff
at Afterschool Programs $ 7,259
c..=======
9. Appropriation from the General Fund
Balance for the position of Personnel
Technician in the Personnel Department $ 33,000
ase=cca===
Presented by
Approved as to form by
B,"'~~~:~
City Attorney
(7~:fj,4-
John D. G9SS
Ci ty Manager
8'..tI~
Resolution No. 16347
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 17th day of September, 1991, by the following vote:
YES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader,
Rindone
NOES: Councilmember: None
ABSENT: Councilmembers: None
ABSTAIN: Counci 1 members: None
f-/1~/
Tim Nader, Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16347 was duly passed, approved,
and adopted by the City Council held on the 17th day of September, 1991.
Executed this 17th day of September, 1991.
~ -i/1
t
.
.
,
"
"
I
,
John DeBello
President
,
~
1111 FOUR SQUARE
... r~!?n2Yo~~~~Ji}nc.
135 Civic Center Drive
National City, California 92050
(619) 474.5566
l
"
.
.
, '~
.,"" .~. ....r-....-~'.j}.;l>T:.-..-.~~'":..._.... '{;.,,......':'..,.-.......~--~.~, :-,~'.. ~'-~., '.
~\~1M.~J]~~.:., '. .,. ~~IjI.~C!!ii_~.~'i1, ~'ir~_1Ji;811~'..'..... ".
.' ' " ...-.,. .~' ..,~~'t;!.~~=
G ''''~......'''' ,.
~
. ~. .. ........ ......
..'
I
r
,
.;""
, .~ <.
.............".
'h ..)L....
,- ~..
-II
;
\
f
.
I
I
!
I
'",
.'
~,. .5'1)
;!'.
,.
~.
~~::
r.'~'
~~':^' . .
,.
&;.; ..' ,.
r"".
;."
~"1./r~f,(?~', .
"
"'"""
'" -"- ':)'''0 r'" ,"\:
',2JHE C0MPA~Y,
". ~:"';'~~~~?:',~'~~{,;,_,'_~'~'\' :" . ':}j- ,,!::;Jft.'~!.i.j1i~~~:~.;~'~.... '.~~~;'.~;.,;.. :::.fC!-,
. .
- ..,~- ,
./:t,~i'd:;' ~~ ~'~.
>. ,:" ",,-', -/iit-:, ~,
\';: ',..~ j~;:,.~-,\L~:.
Our history is a model of ingenuity and commitment
Founded in 1973, Four Square Productions has
established an international reputation as an innovative
producer of commercial and corporate presentations,
Co.founders John DeBello and Steve Peace began the
operation while undergraduates at the University of
Cal~ornia, San Diego".operating out of an old garage,
the pair created an organization that has expanded
dramatically since its inception.
Today, Four Square is one of Southern California's most
versatile and prolific production companies, Its custom
designed facility includes soundstage, production offices,
screening rooms, and state.of.the.art motion picture and
videotape editing facilities,
The staff includes three producer,directors, four
cinematographers, writers, editors, and support
personnel. During the past decade, Four Square has
produced projects in forty,three states and seven
countries..,a list that includes three internationally
released feature films, corporate sponsored home video
programs, nationally syndicated television programs, and
major commercial production,
," .
" h
'.
.~-';"-~"
. "- ~
~';' -,."
.~.: .
f::'~,'i'
Board of Directors
JOHN DE DELLO
STEVE !'€ACE
Oft G. GORDON DROWNING
ROD MATZENAUER
8'-5/
CLIENTS
We're proud of our reputation. And it's probably os
important to you os it is to us. That's why
throughout Son Diego and across the country, you'll see
that we keep good company.
ABC Sports
ADC Stoorza
America's Cup Services
Arnold Buck, Ine.
Bud Sports
The Capener Company
Carnival Cruise Line
Carver Tripp, Ine.
CAT Sports
CBS News
Chopman!Warwick
Chevron
Canventian and Visitors
Bureau
Facus 21 International
Faodmaker, Ine.
Franklin & Associates
Funds, USA
The Gable Graup
General Instrument
Gibralter Money Center
Grossmont Haspital
Harvard University
Hewlett-Packard
Jack Mortan Productions
Jahn Deere Campany
Jahnson Matthey
KFMB Radio
Knoth & Meads
Kyocera International
La Jolla Playhouse
Las Vegas Hilton
-''';hi"'
Los Angeles Olympic
Organizing Committee
Mainstreet Productions
Manufacturers Hanover
McCune Chrysler-Plymouth
McMillin Development
Mission Valley Center
Notional GIy Mile of Cars
NBC Sports
New World Entertainment
Nissan Corporation
Olympia Brewing Company
Pacific.10 Conference
Phillips-Ramsey
Price Oub
RMI,lne.
Rohr Corporation
San Diego Super Bowl
Task Force
San Diego Trust & Savings
Scripps Clinic
Scripps Memorial Hasptlal
Sea Warld
?J'...5~
.,
f.
i:"'" i, '.'
':,-~ ,~;:"
","'., ,
w,i
~~~':;:(~~~.
(<' ~~ t*.,,~~~,
Holiday Bowl
Sevylar, Ine.
Sheraton Hotels
Simpoct & Associates
Sana Industries
Southland Corporation
Stanfard University
Stoorza, Ziegaus & Metzger
Systran Donner
Tropicana, Ine.
Twentieth Century Fox
UClA
United Airlines
Untled Way
U.S. Air Farce Academy
U.S. Olympic Training Center
USP Automotive Advertising
University of Virginia
Watkins Manufacturing
Wendy's
Western Athletic Canference
WRXR Chicaga
The Whittier Institute
JSERVIGES ANu~~FAclITtTEr
'" ,- ~
;:.",.\- :',,,-
,
Wnen you work with Four Square Productions, you
find the entire company behind you. Select what
you need from first-class resources.
Sound Stage
38' x 40' hard cyclorama with 24' ceiling,
coved top and bottom.
Electrically elevated lighting grid with 3 ton capacity.
Central heating and air conditioning.
lighting and grip packages available.
Dressing rooms, production office.
Production Equipment
Complete 35mm and 16mm motion picture camera
packages with video assist
Betacam BVW-JO with plumbicon tubes.
Sony BVW-25 Field Recorder/Player with Trinitron
monitor.
Mobile crane with 25' extention.
2 ton grip truck.
-,1~
''',.2"> ,:"~,""iii.;"
. ..,
..
':: ~ ,-~ '. -,
-, -'.....
Editing Facilities
Day One
Component A/B Roll Betacam, featuring Sony BVE-900
editor, BVW-l0, BVW-40, and BVW-15 with computer
controlled dynamic tracking.
Sony MXP-29 Audio Mixer interfaced with BVE-900.
Laird 1500 cnaracter generator.
Compact disc, J4", and audio cassette.
Matte camera and graphics stand.
Day Two
Sony W' videocassette off-line with RM-440 editor.
Day Three
24th Frame 16mm motion picture eight-plate flatbed
editor (two picture, two sound, or one picture, three
sound).
Day Four
Showchron 16mm motion picture six-plate flatbed editor
(one picture, two sound).
Audio Studio/Screening Facility
J4" recording (full track, two track, and four track)
16mm/35mm Interlock Screening
16mm/35mm sound transfers from J4"
Seven complete music libraries, and two complete
sound effects libraries.
g-,53
~;--
. .
1?':
~,
'.~~.
,.:~._'
, .',:~ .';
PERSONNEL
"
<
"
;;
The creative people heading our major film and video
production units are among the best in their fields,
with credentials to prove it.
"
'J''''
~': '
"~;-:> ~
';.; .; -- ~
" q
:'.;:::,~'. "::.
'~:;L;~.:f
Tom Merritt
General Manager
Nearly thirty years of experience, fifteen years as advertising
agency producer working on commercial production for
products such as Wrigley's Gum, Brach's Candy, Woolite, and
Pam Food Spray. Has produced corporate and commercial
work worldwide with NCR, Cubic Corporation, Borg,Warner
Corporation, Hewlett,Packard, McDonald's, Pennfield Farm
and others. Is production, facilities, operations specialist. . .
develops and manages the creative team to produce clients'
projects. In the business since 1962, Tom Merritt offers a
weahh of knowledge and experience in executing film or
video production.
David Littleton
Vice President/Senior Producer
Developer of commercials, corporate and industrial films and
television programming locally and nationally. Experience
includes 15 years in radio, television and film production as
a writer, director, producer and narrator. Marketing and
promotion for several national groups and agencies including
General Instrument, CBS Sports, National Public Radio, the
National Collegiate Athletic Association, IBM, the National
Tour Association. Master's Degree in Communications from
Michigan State.
Janet Dahle
Director of Communications
With over ten years in marketing and project management
of media and communications, Janet has worked with
clients including Hewlett,Packard, ESPN, Jostens Learning
Corporation, Hyundai, Isuzu, Mazda and others for marketing
and training projects on film, video, audio, and print.
A graduate of Pacific Lutheran University in Business
Administration, she is now working on a master's degree at
SDSU in Educational Technology, which incorporates the
use of media and computers to develop new forms of digital
communication with marketing or training applications.
She is also an officer in the United States Naval Reserves.
~
Thorn Owens
Director/Director of Photography
Attended USe's Graduate program for Cinema Production.
Specializes in broadcast advertising, sports marketing, and
corporate production. Clients include Aldila Golf Products,
San Diego Padres, Stanford University, the University of
Miami, Hewlett,Packard, Price Club, and NFL Films.
Experience includes directing the nationally syndicated
"Seagrams Golden Quarterback Challenge," regional
broadcast spots and music videos for international air play.
John DeOello
President/Creative Director
Founder of Four Square Productions, John DeBello is an
accomplished director of feature films and major commercial
work. Writer/director for Killer Tomato Entertainment Group
which incorporates a series of feature films, product
licensing, and promotion. Wrote and directed "The Story
Behind the Spectacle," a national television special
commissioned by the Los Angeles Olympics. . . credits
include more than 200 commercial and corporate projects
throughout North America and Europe. Graduate of University
of California, San Diego.
JUN-11-92 THU 15:42
JUN-II-92 THU 14:52 CO/'ll1UNITY DEVELOPMENT
s.
6.
P.02
FAX NO. 6194765310
P. 02
.
THE em OF CHllLt mTA PARTY DISCLOSURE STATEMENT
Statement of disc111$1.I1'e of cettaia ownership interest., ~IJ1MI8, or .campalgn contribullon., on an lDa1tet.
which will require di~ aollon on tho part of the City CoundI, Plannlna CommIssion. and all other
oftldal bodica. The fo11owinJ intOtmalion must be disclosed:
1.
List tho munes of aU petII:)n8 haYinl a finaaoIallntercst In the contract, i.e. , contractor, subcontractor,
material supplior.
_JOHN A. DE :&IILLO G. GORDON nowNING
ROBERT A. MATZENAUErt J. ~11:t~~ I'M!;.!!
2.
If an)' person identified pursuant to (1) ab~ is a corpozalion or pattI1mblp, Bst the names of en
individuall ownina more than 10!ll of the Ihates In tho oo.tpontion or own, anr partDersblp Interest
in the partnership.
3.
Jf any peuon Identified pursuant to (1) above is non-profit orpn!.zatlon or a trus~, list the ~ of MY
petson serving IS ditectm: of the non-proIit o.rsanization or as trustee or beneficiary or trustor of the
trust.
4.
Have you IJacI more than 5250 worth of business transacted with any member of the City staff. Board.,
Commissions, CommiUCCa and Counoil within the past twelve months? Yes_
No ~ If yes, please indicate penon(s):
Pkwe identify each and evuy person, including any agcmls, employees, consultants or independent
conllaclora who you have asslsned to represent you before the City in this matter.
JOHN A. DIt BELLO
THOMAS MBRRITT
Have )'ou and/or )'our officers Ol lIgents, in 1bc aggregate, contributed more than $1,000 to a
Counci1member in the current or precediDa eIcct10n period? Yes _ No 2... If )'es, Irate which
Councilmcmbcr(s):
luq it cletI.I1ccI U: "My Indillidllll~ JIrm, tI/1'fICII'IMrlhlp, /WIII '1111I111'1 fJI'",dlllioll. fQciGl "lib, ,/trIIern4/I11'8Il11IUlIDII,
~iD", &Still.. Il1/.rt. /'eMir, IJIIIdlt:lt#" "'/8 alii d1rJ1 "11,, GfHIIItJI, d/1 tIOllnh1. dty. /lURrlc/ptJll1J1. dJRri~ OI'otMr poIIti~
/IIINlvI.rID", ",. fn1 tnMr IIVIIl' Dr ClJmbinllJID" 11#1"8 III /I tmIl."
(NOT!: .Aa:acll aMilioul """ u ~)
Date: 6/11/92
Slptwe r conln.ctor/applicant
JOHN A. DE BELLO
Print "~ t\~ "~,..,_ "I ""'"t"""'''''''''''''~'t,.",...f
~'.>5
COUNCIL AGENDA STATEMENT
Item
Meeting Date
9
06/16/92
UT I~~t/. . h . . f
ITEM TITLE: RESOL ION Approv1ng Agreement W1t Un1sys Corporat1on or
the maintenance of hardware and software for the Unisys
mainframe computer and waiving the formal bidding process.
SUBMITTED BY: Director of Management and Information services;tt;
REVIEWED BY: City Manager ,-rb ? Jf (4/5ths Vote: Yes_NOll
In September of 1990, the City of Chula Vista installed a new mainframe computer,
the Unisys V-430. Maintenance on the computer for one year was included as part
of the initial purchase price. This initial maintenance agreement has expired
and staff has been working with Unisys on terms and conditions for a new
maintenance contract. The new contract is for three years and includes features
requested by the City such as an annual rate cap and several performance
thresholds which must be met by Unisys.
RECOMMENDATION: That Council adopt the resolution approving the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The City of Chula Vista operates a Unisys mainframe computer to process many of
the City's large computer applications such as Police and Fire dispatching,
Payroll, Automated Accounting, Business License, Land Use Inventory, and others.
The mainframe is running seven days per week and twenty-four hours per day and
reliable maintenance is necessary to ensure that the system continues to function
properly.
Of particular importance is the function of dispatching Police and Fire. These
systems are processed on the mainframe and any time that the mainframe fails, the
Police and Fire dispatchers must revert to inefficient manual systems to dispatch
public safety personnel and equipment until the mainframe can be repaired. Any
failure of the mainframe computer must be repaired in a minimum amount of time
seven days per week, twenty-four hours per day.
In addition to supporting the above applications for the City of Chula Vista, the
City's mainframe computer is used to process Payroll, Accounting, Business
License, Land Use and other applications for the cities of El Cajon, Coronado,
and Imperial Beach as well as the Accounting process for the Union of Pan Asian
Communities. The City is obligated to ensure that all of the above applications
are processed in a timely manner.
Since the Unisys mainframe, similar to most other manufacturer's mainframes, is
a proprietary product, maintenance can only be performed by authorized personnel.
The particular model of Unisys mainframe used by the City, the V-430, is a
relatively new architecture and therefore, relatively few authorized technicians
exist locally. Since few authorized technicians exist, maintenance contracts are
only offered by a limited number of vendors.
9-;
Page 2 Item ~
Meeting Date 06 16/92
Staff has researched maintenance services and found that of the three local
vendors identified that offer service contracts for the Unisys V-430, no vendor
except Unisys maintains sufficient inventory of V-430 spare parts to provide the
City with an acceptable level of protection. All vendors other than Unisys would
purchase parts on an as-needed basis from Unisys. This would delay the repair
of the system, once diagnosed, from twelve to twenty-four hours. In addition,
Unisys has developed proprietary software for the V-430 which greatly facilitates
the diagnostic process. Since this product is proprietary, other vendors do not
use this software which increases the time necessary to diagnose problems. It
is therefore recommended that the formal bidding process be waived.
While staff feels that the contract for maintenance with Unisys Corporation will
meet the City's maintenance needs and protects the City should Unisys fail to
perform their duties as stated in the contract, one item of consequence should
be noted. The City has the right to cancel this contract at any time if Unisys
fails to perform, the City discontinues use of the equipment, or the City lacks
the funds to pay the contract. If, however, the City cancels the contract for
any reason other than the three reasons stated above then the City would be
required to pay a cancellation fee equal to 20% of the remaining maintenance
charges from the termination date to the end of the term of the contract. Staff
foresees no reason why the City would cancel the contract before the end of the
term and does not feel that this clause poses a significant risk to the City.
FISCAL IMPACT:
The total cost for FY 1992-93 will be $50,691.60. This amount has been included
in the FY 1992-93 budget for Management and Information Services. A 7% rate
increase cap for FY 1993-94 and FY 1994-95 is part of the contract.
,~
RESOLUTION NO.
/6'~1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH UNISYS
CORPORATION FOR THE MAINTENANCE OF HARDWARE
AND SOFTWARE FOR THE UNISYS MAINFRAME
COMPUTER, AND WAIVING THE FORMAL BIDDING
PROCESS
WHEREAS, in September of 1990, the City of Chula vista
installed a new mainframe computer, the Unisys V-430; and
WHEREAS, maintenance on the computer for one year was
included as part of the initial purchase price; and
WHEREAS, the initial maintenance agreement has expired
and staff has been working with Unisys on terms and conditions for
a new maintenance contract; and
WHEREAS, the new contract is for three years and includes
features requested by the City such as annual rate cap and several
performance thresholds which must be met by Unisys; and
WHEREAS, section 2.56.170 of the Chula vista Municipal
Code authorizes the Purchasing Agent to dispense with the
requirements of bidding when the city council determines that due
to special circumstances, it is to the City's best interest to
purchase a commodity or enter into a contract without compliance
with the bidding procedure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby waive the competitive bidding
requirements and as may be appropriate the consultant selection
process and approve the Agreement with Unisys Corporation for the
maintenance of hardware and software for the Unisys mainframe
computer, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
Bru~ B~~a~
Attorney
Louie Vignapiano, Director of
Management Services
C:\rs\unisys
1-3/"-'1
.
UNISYS
Unisys SURETY
Service Support Agreement
Agreement number
I 92060089
Unisys Corporation (hereinafter "Unisys") will provide to Customer (identified on the Schedule of this Agreement and referred to hereinafter as "Customer"), and Customer will
accept and pay for the Support Services described herein under the following terms and conditions:
General Terms and Conditions
1. Definitions
1.1 Software means the object oode version of computer programs and any related documentation,
excluding maintenance diagnostics. Software also means the source code version, where provided
byUnisys.
1.2 Product(s) means Equipmentand Software listed in the Schedu!e ofthisAgreement, any part of
those items, and any replacements or additions under this Agreement
1.3 SuPPOrt Services means Product maintenance and support and other benefits as described in
this Agreement
1.4 ProprIetary Information means Software, documentation, manuals, and any other information
confidential to Unisys or its licensors.
1.5 Installation Date means the date installation is completed (as determined by Unlsys) or, for
Products to be installed by Customer, the tenth day following shipment
1.6 Principal Period of MaIntenance ("PPM") means 8;00 a.m. to 5;00 p.m., Customer's local time,
Monday through Friday, excluding Unisys designated holidays.
1.7 Off Hours means all hours other than the PPM.
1.8 Customer Operational Hours ("COH") means all times when Customer uses the Products.
2. OrderlngProcedure
All orders are subject to acceptance by Unisys in writing, and Unisys policies and charges in effect on
the date of acceptance will apply.
3. Support Services
3.1 Support Services are provided dunngthe hoursofcoveragefortheservic e level chosen except
as otherwise stated in this Agreemenl Support Ser'o'ices provided outs ide those hours of coverage
are subject to applicable charges and to the availability of a Unisys customer services
representative.
3.2 All Support Services materials at Customer's facility, including diagnostic Software, are Unisys
property, inClude Unisys Proprietary Information, may be used only by Unisys personnel, and may be
removed by Unisys from Customer's facility at any time. This provision applies even though such
materials may be listed in Unisys ~ice lists, invoices, sale, lease, or license agreements, or other
such documents.
3.3 Equipment parts which are removed for replacement by Unisys become Unisys property.
3.4 All system Products and peripherals located at the same site and interconnected with Unisys
signal and power cables or their equivalent and which are subject to this Agreement are requiredto
be enrolled under the same designated Unlsys SURETY Ser'o'ice leveJ.loca! area network and remote
data communication Products are not required to be at the same ser'o'ice level as the host system.
3.5 Unlsys may change or elimll'late Support Services for Software upon six months' written notice
or at the expiration of the then-current term for such services, whl chever occurs ear!ier.
3.6 Unlsys is not obligated to provide Support Ser'o'ices with respect to any Product If such ser'o'ices
are required as a result ofnon-Unisys products and services, alterations or out.of.specification
supplies, accidents, misuse, external factors (e.g. fire, flood, failure or fluctuation of electrical power
orairconditioning),orCustomer'snegligence,falluretofollowinstructionsforproperuseorcareof
Products, orfaiJure to comply with UnlSYS environmental specifica tions.
4. Term
The 1000Ial term of Support Ser'o'ices, if not otherwise specified on the Schedule, shall be twelve
months, and shall commence on the later of the Installation Date of the applicable Products or the
date Unisys signs this Agreement Atthe end of the initial term, Support Ser'o'lces will continue on an
annual renewai basis at Unisysthen-current list pnces until termina tedorcancelledinaccordance
with the terms of this Agreement The term of Support Services for additional or replacement
Products shall be coterminous with the term of this Agreement
5. Charges, Payments and Taxes
5.1 The charges for SuPPOrt Services may be increased, effective as of each anniversary of the
commencement of the initial term of this Agreement, upon at least ninety (90) days prior written
notice. If the il'lllial term of Support Services is three years or longer, any annual increase in the
aggregate charges, during the initial term only, shall not exceed the rate increase cap, if any,
specified on the Schedule.
5.2 Certain Products may have hourly use_charges or page charge,s in addition to those charge s
Identified on the Schedule. These additional charges will be bLlled monthly or as otherwise
determined by Unisys.
5.3. If any product not supported ~ Ul'IIsys causes a malfunction with respect to which Customer
has requested Unisys ser'o'ices, Unisys may charge and Customer shall pay Unisys preferred per-cal!
service rates for such services. Such charges may not apply to certain Products and ser'o'lces.
5.4 Charges for Support Ser'o'lces will be invoiced in advance and are due upon receiptof invoice or
on the first day of the Support Ser'o'ices period to which the charges apply, whichever is later. Unlsys
may impose a late payment charge equal tothe lesser of (a) 1.5% per month or(b) the maximum rate
allowed by law. Certain charges maybe billed by Customer's telephone companyon behaifof Unisys,
and Customer shan pay such charges to the billing telephone compan y.
5.5 Customer will pay any tax Unisysbecomes obligated to paybyvirtue of this Agreement,exclusive
of taxes based on the net income of Unisys. All personal propertyands imilartaxes assessed after
shipment will be paid by Customer.
6. Customer's General Responsibilities
6.1 Customerwil! (a) maintain the operating environment in accordance with Unisysspecifications,
(b) provide adequate working and storage space near the equipment for use by Unisys personnel,
(c) provide Ul'llsys full access to the Products, subject only to Customer's security rules, and (d)
follow Unlsys procedures and instructions for obtall'ling Support Services.
6.2 Customer has sole responsibility for proper use of the Products, including operating
procedures,auditcontrots,accuracyandsecurityofdata,back.up,restart, and recovery procedures.
6.3 Customer wilt ensure that its personnel, including its systems administrator, are trained in the
proper use of the Products, that ont)' such properly trained personnel will contact Unisys regarding
Product problems, and that sufficient computer time and suitable personnel are made available to
implement the corrections and procedures suggested by Unisys.
6.4 Customer must reproduce suspected errors or malfunctions in unaltered Software, provide a
memory dump and additional data in machine readable form if required by Unisys to reproduce the
environment in which the Software operated, and install all error corrections and maintenance
releases supplied by Unisys. Customer will maintain back.up data necessary to replace critical lost or
damaged Customer data.
7. Protection of Proprietary Information
Customer will keep in confidence and protect Proprietary Information marked with an appropriate
proprietarynoticefromdlsclosuretothirdpartiesandrestrictits use as provided herein or in any
other applicable agreement between Customer and Unisys. Customer acknowledges that
unauthorized use, transfer, or disclosure of Proprietary Information may cause substantial
economic iossto Unlsys or its licensors. Proprietary Information may not be copied except as
authorized by Unisys in writing. Each copy, including its storage media, will be marked by Customer
with atl notices which appearon the original. This Section 7 will sUr'o'ive termination or cancellation of
this Agreement
8. Warranties and Disclaimers
8.1 EXCEPT AS STATED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPliED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILIlY AND FITNESS FOR A
PARTICULAR PURPOSE. BECAUSE NOT ALL ERRORS IN SOFTWARE CAN OR NEED BE CORRECTED,
UNISYS DOES NOT WARRANT THAT AlL SUCH ERRORS WILL BE CORRECTED.
8.2 Unisys warrants that equipment will be maintained in good working order provided that it is
continuously subject to Hardware On.Call Remedial Maintenance or Carry In/Ship In ser'o'ice under
thisAgreementandthatitissubJectedtonormaluse.UnisyssoJeandexcJusiveobligationunderthis
warranty will be to repair such eQuipment
9. Alterations and Attachments
9.1 Customer will give Unisys prior written notice of any proposed alterations or attachments to
Products. Unisys has no obligation to provide Support Services for attachments, altered equipment,
or modified Software.
9.2 Unisys is not responsible for, and Unisys warranties will not apply in the event of any mal
function, nonperformance or degradation of performance of Products, supplies or maintenance
support materials caused by or resulting directly or indirectly from any alteration or attachment; in
addlti9n, Customer will be sOlely responsible for resulting infringement, personal injury or damage to
property or Products.
9.3 For purposes of this Agreement, "alterations" includes, but is not limited to, the II'Icorporation of
non.UnlSYS components, boards, and subassemblies into equipment, as well as modifications to
Software.
"Attachments" includes, but is not limited to, any non-Unisys equipment, components or devices
which are connected to Unisys Products.
10, limitation of Liability
10.1 Unless further limited elsewhere in this Agreement, the entire liability of Unisys and
Customer's exclusive remedy for damages from any cause related to or arising out of this Agree.
ment,regardlessoftheformofaction,whetherincontractorintort,willnotexceedthegreaterof(a)
$100,000 or (b) the charges paid to Unisys during the 24.month period immediately prior to
Customer's notice pursuant to Section 13.5 hereof for the Support Ser'o'ices which are the Subject
matter of or directly related to the causes of action asserted.
10.2 In no event will Unisys be liable for (a) any incidental, indirect, special or consequential
damages,includmg,butnotJimitedto,lossofuse,revenues,profitsorsavings,evenifUnisysknewor
should have known of the possibility of such damages, (b) claims, demands or actions agamst
Customer by any person, or or (c) loss of or damage to Customer data from any cause.
10.3 Regardless of any Unisys recommendation of, referral or introduction to third parties' products
or services, Customer will independently investigate and testthi rd-party products and services, and
Unisys will have no liability with respect to Customer's use of such products or ser'o'lces.
11. Tenn!natlon and Cancellation
11.1 Effective upon expiration of the then.current term, either party may term mate this Agreement
upon at least 30 days prior written notice.
11.2 Without prejudice to other remedies, Unisys may cancel this Agreement or any order placed
under it for default If, upon written notice, Customer fails to (a) make any payment identified as
delinquent within ten days or (b) cure any default relating to Section 7 within 30 days. In addition to
the above, Unisys may terminate Support Ser'o'ices on 30 days prior written notice If Unlsys deter
mines that any alteration or attachment or any Customer Software modification or failure to install a
Software maintenance release or correction provided by Unisys will interfere with the provision of
such services.
12. Notices
12.1 All notices to Customer reQuired by this Agreement will besentto its address on the Schedule of
this Agreement All notices to unisys reqUired by Section 13.5 will be addressed to; Unisys
Corporation, Law Department, Township line & Union Meeting Roads, Blue Bell, PA 19424, with a copy
to the Vice President, Finance, Customer Services and Support in Blue Bell, PA. All other notices to
Unisys will be sent to the Unisys office which has been ser'o'icing Customer.
12.2 All notices required by Section 13 will be sent by certified or registered mail.
13. Arbitration
13.1 Subject to Sections 13.2 through 13.5 hereafter, any controversy or claim relating to this
Agreement will be settled by arbitration before three arbitrators in accordance with the American
Arbitration Association ('.AM") Rules then in effect, and judgment upon the award rendered by the
arbitrators may be entered in any court havll'lgJunsdictlOn. Any such arbitratIOn will be conducted in
the city nearest Customer's maIO u.s. office having an AM regional office. The arbitrators will be
selected from a panel of persons having experience with and knowledge of electronic computers and
the computer business, and at least one of the arbitrators selected will be an attorney.
13.2 The arbitrators will have no authority to award punitive damages or any other damages not
measured by the prevailing party's actual damages, and may not, in any event, make any ruling,
finding or award that does not conform to the terms and conditions of this Agreement
13.3 Either party, before or during any arbitration, may apply to a court having jurisdiction for a
temporary restraining order or preliminary injunction where such relief IS necessary to protect its
interest pending completion of the arbitration proceedings. Arbitralion will not be requ i red for actions
for recovery of specific property, such as actions for replevin.
1
~-S"
43053107-000 (5/90)
Service Descriptions
The specific services provided with respect to each product family are identified in the Unisys SURETY Service Support ~an Supplements,
1. Centralized Support. Software provided during PPM includes: (a) assistance related to 8. Software On-CaU Support includes, at the discretion of Unisys, dispatching an on-site
questions on the operational use of the subject Software; (b) assistance in identifying the selVice representative if a problem occurs which significantly impacts Customer's usage of
causes of suspected errors in Software; (c) advice on detours for identified errors where the subject Software and remains undefined or unresolved after Customer has taken the
reasonably available; (d) information and detours regarding errors previously identified by actions prescribed by the Unisys Customer Support Center. On-Call Support Service is: (a)
Customer and reported to Unisys, where available; (e) advice on the completion and assistance in diagnosis and identification of errors in the subject Software: (b) on.site
submission of the User Communication Form (UCF) reporting identified problems in assistance with correction or detour of identified errors; and (c) advice and assistance on
Software to Unisys. completion of a UCF in accordance with Unisys procedures.
Centralized Support . Software provided during Off Hours includes: (a) expediting response 9. Hardware On-Call Remedial Maintenance Includes repair of equipment at Customer's
to emergency situations where the productIOn system, network, or data base is severely location.
degraded: (b) searching for known fixes or detours: (c) Software update installation
assistance when scheduled in advance.
2. Centralized Support. Hardware includes the following Telephone Services for equipment:
(a) advice related to operational use; (b) assistance in Identifying the cause of suspected
malfunctions; (c) advice on kno'WT'l detours for identified malfunctions; (d) assistance with
recovery or the determination of the need for remedial service.
3. Unlsys SureNet Electronic Services provides Customer with access to an on-Hne Public
Bulletin Board, a Support Services Bulletin Board and Software Trouble Reporting. These
services are available via 1-800 telephone access.
3.1 Public Bulletin Board provides on line access via a dial-up workstation to information on
a broad range of Unisys products and services. Included in this service is access to the
Unisys service directory, new product and service announcements, feedback mailbox and
other information.
3.2 Support Services Bulletin Board is an additional on-line service available in one-hour
Increments per month. Use beyond Customer's allotted time is charged by the minute, and
time remaining at the anniversary of the commencement of the Term of this Agreement will
not be carried over to the following year. This service includes support information which can
aid in problem identification and implementation of corrective actions for system problems.
Other services include, but are not limited to, systems operation support, electronic mail and
technical conferencing.
3.3 Software Trouble Reporting (Product Communication Service) provides User
CommunicatIOn Form (UCF) Service for reporting suspected Product errors or malfunctions
electronically and for suggesting documentation changes. Unisys wi!! make reasonable 11.
efforts to provide detours or corrections. Customer will install all error corrections.
4. Centralized Support Guaranteed Response (available only during the Principal Period of
Maintenance) provides that, upon receipt of Customer's phone call to the applicable Unisys
Customer Support Center making inquiry regarding Products, a Unisys customer support 12.
analyst will pick up the call promptly or will place a return call to Customer within 20 minutes
of receipt of Customer's call.
5. Essential Engineering Changes are changes released by Unisys for safety purposes or 13.
changes Unisys determines are mandatory. Changes will be installed at a mutually accept-
able time during the hours of coverage in accordance with the Unisys SURETY level chosen.
6. Carry In/Ship In Service, for Unisys designated Products only, inCludes repair of equipment
carried in or shipped to a Central Service Center in accordance with Unisys instructions. For 14.
equipment carried in, Unisys will notify Customer upon repair, and Customer will promptly
pick-up the repaired unit. For equipment shipped, Unisys will repair and return ship the
equipment to Customer. Customer shall bear all cost of shipment and risk of loss in transit to
the Central Service Center. All attachments which are not supported by Unisys must be
removed prior to submitting equipment for service.
7. Software Maintenance Release Service includes error corrections and maintenance
releases for Software which have been developed or provided by Unisys. Such releases shall
be licensed only for use on the designated computer system(s) under the applicable license
agreement Customer will install all error corrections and maintenance releases.
13.4 Neither party nor the arbitrators may disclose the existence or results of any arbitrallOn
hereunder without the prior written consent of both parties.
13.5 Prior to initiation of arbitration or any other form of legal or equitable proceeding, the
aggrieved party will give the other party written notice in accordance with Section 12 hereof
describing the claim and amount as to which it intends to initiale action.
14. Other Provisions
14.1 Neither party will be liable for failure to fulfill its obligations when due to causes beyond its
reasonab!eeontrol.
14.2 Any failure or delay by either party in exercising any right or remedy will not constitute a waiver.
14.3 THIS AGREEMENT WilL BE GOVERNED BY THE LOCAL LAW OF THE COMMONWEALTH OF
PENNSYlVANIA.
14.4 This Agreement constitutes the entire agreement between the parties with respect to the
Support Services and supersedes all prior proposals, agreements, and communications between
the parties, both oral and written. The terms and conditions of this Agreement will supersede all
other terms and conditions submitted by Customer.
14.5 Unisys may assign this Agreement or the right to receive payments without Customer's
consent. Any such assignment, however, will not change the obligallOns of Unlsys to Customer.
Customer will not assign or transfer its rights or obligations under this Agreement without prior
wrlttenconsentofUnlsys.Anyassignmentortransferprohlbitedbythis provISion will be vOid.
14.6 This Agreement may be modified only In writing by a duly authorIZed representative of each
party.
14.7 No arbitration proceeding or legal action, regardless of Its form, related to this Agreement, may
be brought by either party more than two years after the cause of action fl rstaccrued.
14.8 Each paragraph andprovisionofthisAgreemenl is severable, and ifoneormoreparagraphsor
. provisions are declared invalid, the remaining provisions of this Agreement will remain in full force
and effect
10,
Hardware On-Catl Remedial Maintenance Guaranteed Response provides that a customer
services representative wi!! arrive at Customer's site within the time specified below to
perform remedial maintenance on the Products. Response time is measured from the time
Unisys determines the necessity to dispatch a customer services representative until
his/her arrival at Customer's site. The time required for Customer Support Center analysis
and diagnosis, to obtain parts, and to perform maintenance. is not included in the response
time measurement. The response times below are based on a radius measured from the
applicable Unisys service point to Customer's site. In the event of a change in location of the
equipment site or the Unisys service point, the response time guarantee will be deemed
automatically amended accordingly. However, in the event a change in a Unisys service point
eliminates the guarantee, Customer may choose the next highest level of Unisys SURETY
Service having no guaranteed response time, by written notice to Unisys sent within 30 days
of Customer's receipt of notice of the change in the service point. In such event, this
Agreement will be deemed amended accordingly, effective on the first day of the month
following the month in which Unisys receives the above notice, and Customer shall receive
any appropriate credit or refund of excess charges paid.
Miles to the Nearest PPM
Service Point Response Time
0-60 2 hours
Over 60 No Guarantee
OtfHours
Response TIme
3 hours
No Guarantee
Remote Support Services, for Unisys designated Products only, includes the execution of
diagnostics from the Customer Support Center to assist in the identification and isolation of
suspected Product errors or malfunctions. This service also permits Customer 10 receive
Software fixes electronically or to transmit to Unisys system performance data.
Hardware PreventIve Maintenance includes preventive maintenance and installation of
optional engineering changes at Customer's location at a mutually acceptable time during
the hours of coverage in the Unisys SURffi Service level chosen.
Insta1tatton of Customer Installable (CSU) Equipment is provided for Unisys CSU equipment
at a mutually acceptable time during the initial system installation. This service does not
apply to equipment added to the system at a later date.
System Operations Review provides that Unlsys wilt meet with Customer's personnel once
annually, at a mutua\\y acceptable location and time, to conduct computer systems
operation reviews with respect to the Products. Customer is responsible for scheduling the
meeting.
15. Preferred Service/Product Pricing provides that Customer will be entitled to certalfl
preferred rates for products and services which may include supplies, environmental
products, or other products or services obtained from Unisys (under other agreements) as
specified by Unisys policy. With respect to supplies and environmental products, such
preferred rates apply only to such items which are related to the Products covered by thiS
Agreement
Service Levels and Plans
The Unisys SURETY Service levels and Plans applicable to the Products are indicated on the Schedule(s), in the level/Plan column, by the codes for the levels as set forth on the
Schedule, and by the codes forthe Plans as set forth below. The applicable Plans are described on the following Unisys SURETY Service Support Plan Supplement(s), indicated bya
checkmark below, which are attached to and incorporated by reference in this Agreement and any Supplemental Schedule.
Checkmark Plan Code Fonm Number TItle
Unisys SURETY Service Support Plan Supplement for Unisys Mainframe Systems
Unisys SURETY Service Support ~an Supplement for Unisys Micro Systems
Unisys SURETY Service Support ~an Supplement for Local Area Network Products
Unisys SURETY Service Support Plan Supplement for Multi-vendor and Designated Unisys Hardware Products
X 1 43053016.XXJ(
2 43053024.XXJ(
3 430S 3032.XXJ(
4 4305 304Q.XXJ(
Others:
2
9-~
43053107.000 IS/OOI
-~
.
UNISYS
Unisys SURETY Service Support
Agreement Schedule
Agreement number
I 92060089
Administrator Telephone no.
Administrator
Telephone no.
Unisys SURETY Service level
(C) Comprehensive
(P) BasicPlus
(B) Basic
(I) Intro
Unisys SURETY Service Plan
(1) Mainframe Systems
(2) Micro Systems
(3) Local Area Networks
(4) Multi-vendor & Designated
Unisys Hardware Products
Bill to location
CITY OF CHULA VISTA
POLICE BUILDING
EQuipment location
SAME
276 4th AVE.
CHULA VISTA, CA 92010
Term (Check if more than 1 year)
o 2 years ~ 3 years
Billing period (Check one)
as Monthly 0 Annual
o Other (_ years)
~% Annual rate increase cap (3.year term or longer)
o Other:
Effective 7-1-92
Ust Unisys Products Applicable to This Agreement
l.eYeI/Plan Product style name and description (Include vendor name and model if multi-vendor product) Quantity Monthly unit charge Total monthly charge
**"l'cS E ATTACHED DOCUMENT #44721 FOR MAINTENANCE PRICING A fro EQU PMENT LISTI Gk***
The products listed on this Schedule and any Schedule Continuation Sheet will be serviced in Total and Grand total Total
accordance with this Agreement. Customer acknowledges it has read and understands this do not include any
chsrse for additional
Agreement and that the applicable Unisys SURETY Service Support Plan Supplement(s) for all services selected by Continuation Sheet(s) total
products listed on this Schedule are attached to this Agreement. the customer
Agreed and Accepted Grand total
4224.30
Customer
Unisys
(Signature)
(Date)
f!.
(printedftYLf;me)
tol TY2-f'1 c T.5
(Title)
(Printedltyped name)
HArJA6Ef<..
(Trtle)
3 9 -? /9-8
43053107-000 (5190)
m.._,
.
UNISYS
Unisys SURETY Service Support
Schedule Continuation Sheet
Agreement number
192060089
Equipment location
Telephone no.
Administrator
Telephone no.
Unisys SURETY Service Level
(C) Comprehensive
(P) BasicPlus
(B) Basic
(I) Intro
Unisys SURETY Service Plan
(1) Mainframe Systems
(2) Micro Systems
(3) local Area Networks
(4) Mu~i...ndor & Designated
Unis)'s Hardware Products
Bill to location
Administrator
List Unisys Products Applicable to This Agreement
Level/Plan Product style name and description (Include vendor name and model if multi-vendor product) Quantity Monthly unit charge Total monthly charge
Total does not include any Page total
charge for additional services
selected by the customer
4
'1-~
4305 3107'()()() (5190)
.~ -- ~......,
CITY OF CHULA VISTA
SERVICE PRICE QUOTE
THIS PRICE QUOTE EXPIRES 06/08/92
a=~====D====.=.==...===.==================.=.=.=======..a....._.._._..._.==.==
BILL TO: 507575-0006
CITY OF CHULA VISTA
POLICE BLOG
276 4TH AVE
CIIULA VISTA . CA 92010
EQUIPMENT LOCATION: 507575-0004
CITY OF CHULA VISTA
276 FOURTH AVE
CHULA VISTA , CA 92010
.a....a......................................................a..a=........:...
LV/PL
STYLE NAME
.a..................................................................a....:....
CI
V430
V430-CP
V4OO-2011
V4OO- IOC
V4OO- lOB
V4oo-MLI
B28-EXP
B25-01
B25-K5
B25-M5
825-TS
PTlOI
B25-LC
B25-PS
PC53
V4oo-MLI
V4OO- lOR
B9493-UIO
B9493-U56
X31O-92
X31O-91
M971O-21
X395-91
X246-91
B9246-6H
ETI loo-OOT
X351-94
BT3281-1
BT3281
BT3288
LC4503
0I18000-BY
V430-0M2
V430-C74
V430-VS2
CI
CI
CI
CI
CI
CI
Cl
Cl
Cl
Cl
Cl
CI
CI
Cl
C4
C4
CI
CI
CI
DESCRIPTION
MONTHLY MONTHLY
QTY UNIT CHG TOTAL CHG
SYS:V430 PKG I
V430 CENTRAL PROCESSOR I
MEM:2011B MEMORY 1
CABINET:9U W/I BASE I
INSTL:9U I/O BASE I
CTRL:MLI I/O PROCESSOR I
WRKST:80286 BASEO INT I
DISPLAY:12" 29X80 MONO 1
KEYBD:B2X I
DISK:4OMB FIX/1MB FLOPPY I
TAPE:STREAMER FOR B25 1
ADPTR:TERMINATOR KIT I
PWR CORD: LINE CORO 2
POWER:PDWER SUPPLY MOD 2
B25/6/7/8 50 'CLUSTER CBL 1
CTRL:MLI I/O PROCESSOR I
INSTL:V4oo PERIPH RACK I
DISK:V4oo lOOI1B DRIVE I
DISK:V4oo 56011B DRIVE 3
CTRL:SCSI INTERNAL DLP 1
CTRL:SCSI EXTERNAL DLP 1
DISK:SCSI 1.3 GB X2 SP 1
CTRL:PE MAG TAPE DLP 1
CTRL:PTR DLP(B9246-10/12 2
B9246-6 W/HSSI INTFC BAC 1
ODT W/KEYBOARD (ETlloo) 1
CTRL:UNIV UNILN/ODT DLP I
200IPS IXMT SUBSYS PKG I
DING CONT M&S PE/GCR 200 1
TAPE:SLAVE PE/GCR 200IP 1
45KVA 3P I
CENTRONICS LW-800 I
DATAMGT: DATA MGMT II 1
CMPLR:COBDL 74 I
O/S:SYSTEM SOFTWARE FAC I
PAGE I OF 2
931.60
51.85
20.40
37.40
37.40
64.60
85.85
76.50
68.00
68.00
311.95
30.60
67.15
794.75
430.10
401.20
186.15
262.00
62.00
94.00
931.60
51.85
20.40
37.40
112.20
64.60
85.85
76.50
68.00
136.00
311.95
30.60
67.15
794.75
430.10
401. 20
186.15
262.00
62.00
94.00
DOCUMENT # 44721
9-1
"
CITY OF CHULA VISTA
SERVICE PRICE QUOTE
~:__.........======......=....c.=..=....=====.=..=..=._...a...................
LV/PL
STYLE NAME
............-.................................................................
QTY
f'KJNTHLV
UN IT CHG
MONTHLY
TOTAL CHG
DESCRIPTION
.................
GRAND TOTAL
.......c.........
PAGE
2 OF
2
....................=
$
4224,30
.....................
OOCUI1ENT #
44721
9- If)
.
UNISYS
Additional Terms and Conditions
Agreement number
I 92060089
City of Chula vista
Date
June 8, 1992
Customer
Unisys and Customer hereby amend the above.referenced Agreement by adding the following terms and conditions, consisting of paragraphs
1 through ...1.6-, on pages 1 through ----4.-.
1. These added terms and conditions shall apply only to the Products and/or Services ordered on Schedules concurrent with the Effective
Date of the Agreement and not to any other order for Products and/or Services unless specifically agreed upon in the subsequent
written order.
2. Service Requirements
Unisys shall exercise all reasonable efforts to maintain the
continuous normal operational capacity of Customer's equipment
covered hereunder. All "Down Times" must not exceed the following
durations:
A. A Down Time of twenty-four (24) or more consecutive hours;
B. An occurrence of two (2) or more Down Times of twelve (12)
or more consecutive hours during any consecutive twelve
(12) month period;
C. An occurrence of two (2) or more Down Times during any
thirty (30) day period totaling twenty-four (24) or more
hours;
D. A total Down Time exceeding eighty-eight (88) hours during
any consecutive twelve (12) month period, regardless of the
number of individual Down Times.
"Down Time" is defined as the computer system's inability to
function at its normal and designed operational levels. The "Down
Time" begins to run when Customer, by verbal or written notice,
notifies Unisys that its computer system is not functioning at its
normal and designed operational levels and will end when Unisys
and Customer agree that the computer system is functioning at its
normal and designed operational levels.
3. Compensation
The annual rate for maintenance of the individual components of
hardware and software are set forth in the Unisys SURETY Service
Support Agreement. It is agreed by both parties that Unisys may
increase the annual cost of maintenance by an aggregate amount not
to exceed seven (7) percent on the first day of the second and
third year anniversary of said Agreement commencing from the date
of execution by the Customer. Customer may, at its sole
discretion, remove any individual component no longer in use from
coverage afforded by this Agreement at any time during the term of
this Agreement, with a prorated reduction in the amount of the
monthly maintenance charge.
NOTE: Draw a line across the last page following the last paragraph of this amendment and add signature lines.
Page. 1 of 4
6000710 (4190)
9-11
.
UNISYS
Additional Terms and Conditions
(Continued)
Agreement number
I
Customer
City of Chula Vista
Date
June 8, 1992
4. Additional Equipment
Should the Customer purchase any equipment which is identical to
equipment already specified in the SURETY Service Support
Agreement and has been qualified by Unisys for maintenance
coverage, Unisys agrees to add said purchased equipment to the
existing contract at the corresponding rate in effect at that
time. Any new or warranted Unisys equipment purchased by the
Customer during the term of this Agreement, which is a type
maintained by Unisys but not already specified on the SURETY
Agreement Schedule, may, at the discretion of the Customer be
added to the SURETY Agreement Schedule at the prevailing current
Unisys rate, less a fifteen percent (15%) discount and will be
subject to the terms and conditions of this Agreement.
5. Termination for Cause
If, through any fault of Unisys, Unisys shall fail to fulfill in a
timely and proper manner Unisys' obligations under this Agreement,
or if Unisys violates any of the covenants, agreements or
stipulations, Customer shall have the right to terminate this
Agreement by giving written notice to Unisys at least thirty (30)
days before the effective date of such termination.
6. Early Termination
If Customer terminates the Support Services covered by the Unisys
SURETY Service Support Agreement prior to the end of the three (3)
year term for reasons other than discontinued use of the equipment
or for cause (see paragraph 5 above) or lack of appropriate funds,
Customer agrees to pay an early termination charge equal to twenty
percent (20%) of the remaining maintenance charges from the date
of termination until the end of the original term of the services,
at the rates then in effect.
7. Guaranteed Response Time Credits
Should Unisys fail to respond within the guaranteed response
times, the Customer is entitled to receive a credit that may be
applied against their next Unisys SURETY invoice. Maintenance
response time credit is equal to 25% of the monthly charge for the
particular product(s) which required service and any other
products which are rendered unusable due to a particular
product(s) failure. Claims for credits must be filed by the
Customer, in writing on or before the last day of the month
following the month in which the applicable service call was
received by Unisys. A claim will be deemed filed
NOTE: Draw a line across the last page following the last paragraph of this amendment and add signature lines.
Page
2 of 4
6000711 (4/901
9-/~
.
UNISYS
Additional Terms and Conditions
(Continued)
Agreement number
I
Customer
City of Chula Vista
Date
June 8, 1992
as of the date it is received by the applicable Unisys CSS
servicing district. No credits will be issued if at any time the
Customer payment for Unisys SURETY Support Services are more than
thirty (30) days past due.
8. Paragraph Headings
The paragraph headings used herein are only for convenience and
shall not be deemed to limit the subject of the paragraphs of this
Agreement or be considered in their construction.
9. Construction of Agreement
The agreements contained herein shall not be construed in favor of
or against either Customer or Unisys, but shall be construed as if
both Customer and Unisys prepared this Agreement.
10. Hold Harmless
Unisys agrees to defend, indemnify and hold harmless Customer, its
elected officials and appointed officers and employees, from and
against all claims and demands resulting from or connected to
Unisys performance under this Agreement for damage to tangible
property or injury or death to any person due to and to the extent
of the negligence of Unisys, so long as Customer promptly notifies
Unisys of such claim or demand.
11. Entire Agreement
Section 14.4 of the Unisys SURETY Service Support Agreement, shall
be amended by adding the words "including these Additional Terms
and Conditions" between the words "Agreement" and "constitutes" in
the first line of the paragraph.
12. Inconsistencies
To the extent that any inconsistencies may result between these
Additional Terms and Conditions and the Unisys SURETY Service
Support Agreement, such inconsistencies shall be governed by the
provisions of these Additional Terms and Conditions.
13. Term
The Agreement shall commence immediately after its execution and
terminate thirty-six (36) months thereafter.
NOTE: Draw a line across the last page following the last paragraph of this amendment and add signature lines.
Page
3 of 4
6000711 (419O)
9-/3
.
UNISYS
Additional Terms and Conditions
(Continued)
Agreement number
I
Customer
City of Chula Vista
Date
June 8, 1992
14. Standard of Care
Unisys in performing any Services under this Agreement shall
perform at a minimum, in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions and in similar
locations.
15. Assignability
Section 14.5 of the Unisys SURETY Service Support Agreement, shall
be amended by deleting the word "without" and replacing it with
the word "with" in the first line of the paragraph. Additionally,
the period "." at the end of the first sentence shall be deleted
and replaced with the words "which shall not be unreasonably
withheld."
16. Governing Law
This Agreement will be governed by the local law of the State of
California.
Agreed and Accepted:
Unisys Customer
By: By:
Title: A Title:
Date: ~ /9 /9;< Date:
NOTE: Draw a line across the last page following the last paragraph of this amendment and add signature lines.
Page 4 of 4
9-11
6000711 (4/901
COUNCIL AGENDA STATEMENT
Item / t:J '"
Meeting Date 6/16/92
ITEM TITLE:
Public Hearing
Consideration of the adoption
of the City of Chula Vista
Budget for FY 1992-93 and
establishing an appropriation
limi t
SUBMITTED BY:
Resolution /~ ~~.:( Approving Adoption of the final
budget of the City of Chula
Vista for the fiscal year
beginning July 1, 1992 and
ending June 30, 1993
Budget Manager~ ~
City Manager 16 ,~ )/
(4/5ths Vote: Yes__NoXX)
REVIEWED BY:
The City Council has held several work sessions to consider and
discuss the proposed FY 1992-93 budget. This Public hearing is
designed to receive additional citizen input and to adopt the
proposed FY 1992-93 budget.
RECOMMENDATION:
That Council accept public testimony and adopt the proposed budget
as amended during the review sessions and as may be further amended
as a result of the public hearing.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The proposed Fiscal Year 1992-93 budget includes the Manager's
recommended spending level, as well as adjustments proposed by
Council during the budget workshops. The outstanding issue is the
impact of the State's budget shortfall on our city. No decisions
have been made as yet so at this point we will proceed with the
proposed budget, however staff is preparing several contingency
plans should the State reduce our revenue base.
The City Manager's recommended general fund budget was $52,396,168.
During the Council budget workshops the following items were
tentatively approved:
/~~-I
Page 2 ,Item
Meeting Date
I~/I
6/18/91
TENTATIVELY APPROVED BY COUNCIL
General Fund
Department
Adiustment Item
211 MGMT INFO SYS ($11,800) Impact of discontinuing data
processing services for
Laidlaw
1400
PUBLIC WORKS
$ 5,020 R eel ass i fie a t ion 0 f
Administrative Office
Specialist to Public Works
Technician
1500 PARKS & REC $ 19,433
1600 LIBRARY $286,500
Sub-Total $299,153
Landscape Planner, Part-time
Eastlake
Library
High
School
Other Funds
Department
Adiustment Item
219
POLICE GRANTS
($ 7,940)
Correction to reflect
actual grant amount
705
EQUIP REPLCMT
($270,847)
Revision of estimate to
actual FY 92-93
replacement schedule
SUMMARY OF ADJUSTMENTS
Total General Fund
Total Other Funds
$299,153
1$278,787)
$ 20,366
GRAND TOTAL ALL ADJUSTMENTS
The above does not include changes made to the Redevelopment Agency
or SCOOT budget as these are not part of the City's operating
budget. Changes to the Redevelopment Agency budget will be
considered at an upcoming Agency meeting.
1~,tJ ~.;.,
Page 3 , Item /t)A
Meeting Date 6/18/91
FISCAL IMPACT: The proposed all funds budget, including CIP is
$85,588,412. This amount includes a general fund operating budget
of $52,695,321, special revenue fund operating budget of
$25,707,863 and a capital improvement program of $7,185,228. If
the special restricted budgets such as the Redevelopment Agency
($3,663,020), Industrial Development Authority ($2,880) and SCOOT
($2,931,530) were included, the All Funds Budget would be
$92,185,842.
budadopt.f93
I~/I- ;r
p:)
o
g
~
,
,
,
,
,
,
~
o
o
::>
CQ
~
~
~
,
:
:
i
~ z
p:; 0
~S)~
d~~
u.....o
z p:;
::> ~
8 ~
z
o
~S)~
~~~
0.....0
;:g p:;
~
~
~
6
<:
-
ffi
~
~
o
~
::>
~
....:I
~
8
~08~~~~R~~~~~O~~~~
8~~o~~o~~~~_~~~oo_~
-N' - - - - -N' - - - - - - - - - -
~.....~~~~~~~~~~~~8~~~
"" ...~ a\O-",,""1.4a1.4C;~1.4~~
.....
""
~08~~~~R~~~~~O~~~~
8~~o~~o~~~~.....~~~~.....~
da~~~~~~~~~~~~g~~~
... ad"" 1.4a1.4C;~1.4&...
o p:)
z :> >::
I;; 0 ~ ffi ~ c;
~~ ~G~~ ~ ~~ ffi
~~ ~a~~~~~~ ~~~~~
;:g~ ~~~6~::>~~ zoz~~
~~~~~~I;;~~ip:;~ ~~~5~
~~~~~~z800~~~~~~uP:)
~~-~~~8<:~u~~0~p:;~<:~
~~~>::ouH08~~~z~~~~z
,p:;o~~~~z~p:;s~::>~~~8~
al~~~~~~~I~~~~~~~~
8
.....
~
~
~
~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~
/&/J''
EXHIBIT 'A'
o
8
o^
~
o
8
o^
~
1'!j
:i
.....
~
~
v)
~
~
~
o
o
::>
CQ
~
~
~
~
o
~
"
[
~
~
N
.....
"'"
gg
~
~
g)
00
~
~
~
o
~
o
z
~
~~
00
....:10
~::>
~CQ
o~
~~
.m:.
-I:)j
.~-
-~
.~.
-><-
-~-
.~.
-r,!;;
@
D
c:!-
;:>
->I<
.~.
:~:
,
,
,
,
,
,
,
,
~
~
D
Q
;:>
>I<
D
Z
~
P-
o
,
,
,
,
,
,
,
,
~ Z
g; 8
~S;5
..-1~~
-1\\P-
U_O
Z ~
;:> P-
8 ~
z
o
cJ b
~~~
~~P-
D-O
:::E g;
~
~
z
;:>
~
-
~
~
P-
EXHIBIT 'A'
~
D
g
....
....
~
,...;'
-
....
~
2~8 1;:
<:3...rV"l 1"""'1
~~~ ~
.... ....
~
0080~~0~00000~0~00~~
NI"""'I N ~ I.t"'I~N~~ ~~I.t"'II"""'I~
I.t"'I~NN 1"""'1 ~1.t"'I~l.t"'Iv I"""'I-OOI"""'I~
OO'N~~ 'NN~~~N~~ '~N~~'
-::8NO~~~~V~~V~O~~OO~~~
~~~~NNO~N~OO~~-OOOO~I.t"'I~~
~ ~~~~~~~~~~~~~~~~~
-E;'7~ ~~~ ......-EA-~-~-6"7
.... ....
~
~S~~9~~~~@~~R~~~~Q~8
I.t"'I~NNO~~N~I.t"'I~I.t"'I~~--OOON~
OO~N~~OO~N~~~N~~~~NOO;g~
-~NO~N~~v~~v~O~~OON ~
~~~~NNO~N~OO~~-OOOO~1.t"'I 0
~ ~~~~~~~~~~~~~~~~~
~-6"'r ~~i7'7 --Et't-Et't--6"'tt0"7
.... ....
r:
~
u
<:
--
E-<
ffi
~
<:
P-
~
Q
E-<
Z
;:>
o
~
..-1
~
Z
o
u
E-<
'" "'z
"'~ '" ~~~
~b z ~~~~ ~b D Z
~~ ~z~g~~ ffi~ ~~8
..-1:::Eg;~..-18E-<0~U ~P- o~~
-O><Z~~Z~><~ F~ ~~u
~Ut~~~~@t~D~~U <>'(!~~
~<>'(!ZE-<~",~ZZwzzP-~ D~.~><
O~~E-<..-1-DZ;:>U-<:~~~ ~U~~
U :::E<:uz<:O:::E~Z~Q U Q-"'d
t~~tt~~ffi~~~~~z'~o~~s~~s
U>I<uuu<::::Ep-u~P-_ P-~>I<P-P-..-1
~.;
- -
00
~~
t9t9
o
~
-
o
~
t9
~~-~~
~HH~ ~ ;g
~~~~~
t9t9t9t9t9
8~~r::::~:6i
...... N C'1'i ":d" V') \0
............ 1"'"'i"'" .,....I"""
;:>;:>;:>;:>;:>;:>
~~~~~~
t9t9t9t9t9t9
~-OOO
O-C"I')V)\,C)
-----
00000
,..1,0000
00000
...... - -.......-
S~~~~N8~8~~8~~:::
~:H:JC:3t:J;3:g[:;o~~~~-~~
888888888888888
-------1"""'1-------
I~A-.>
-
N
~
g
N
~
....
~
-
g
~
N
~
....
~
D
Q
~
>I<
D
Z
b
d
~
P-
o
,
Q
z
;:>
~
~
~
z
~
D
~
~
~
o
~
~
i
,
~
~
~
~
~
u
~
~
'1
i
:
~ z
~ 0
~ ~
~~~
d~~
U....O
z ~
~ ~
8 ~
z
o
~~~
~~~
0....0
::;: ~
~
~
~
~
-
ffi
~
!i1
CI
~
~
o
u
u
<:
~
o
~
8
~
N
~<;'
....~
N N
~~
~~
~~ ~~~ ~ ~ ~
00008oo~8""~0000~00",,~~0
~N19~ ~~o ~~~~~ ~~~ ~....
~N ~~~~~~ ~N 0
NN ~~~:q~"~~~~~~~~ ~~~
..1 ..1 , , ..1 '.'..1 v,."'~'" 8 ' ~
~o ~o~~o ~~~~~ ~~~ ~
~ N V~~~~ ~N 0
N~~N~~~:q~~~~~~~~~~~~
~
~
~
~~~~~B~~~
R"":-\ioOd'oi~~""":-
~~~~~~ ~~
1i~"'M lid'
~
~~~~~~~~~
~~\O;;S\OooO'\r---
f-9 t-- fi 00 6 0\ ~... r---"' c"
iX~~~~~ ~~
1i~"'M Ii;:f
.,.
~
~"'~ ClQ~
~CI~ClClz
oz~zS~ 1:3
~~ ~~~:>< z
u~ ~ ~~ ~
~H~~~~ffi"'~
"'<:~Ufii"'ClCI~
~t:~>""ffi~S~
H~::g~""",~~...
;2ug~~t:t~ffi
~~~~~~"'~E-<~
~~o~~ :S~gj
u",::g",~ E=:oCl
~ 8"~
:q....<x>
'""'~~
....00
~...,r--
~
;:t
6'
a
~
OO~O~~~OO~O
1;;\O...,\O~........:q;:::~~
" - " "N " " " " " "
~~~i.~~~&~~~t~a
~ ~
00000000080
r--r--"'r--o~~~.... ~
('O"')\OV"I\Ov~I"""'INT""'I c-
" " - -N - - - " " "
S:;~rt~I"""'I~~~~~~
a"'N""'''''''~~N_~~
~ ~
CI
E-< Z
~ ~ s i ~
U Q ~ oCl~
~ ~~~~5~~~5
~ ~~tJ~~~~~~
~~S~~~~~~~5
z~~E-<~::EE-< d~U
~i:<i~ffiCl~~~r:~~~
~8B1u::; B1~ ::gu
~~Z~~ z::;: ~::1
;2~~g~~~8~g~
o
\:5
...,
~
~
""
....
~
~
~
IdA ~~
8
....
'"
~
~
EXHIBIT'A'
~
~
~
~
~
~
~
~
~
S
r--
~
;:t
....
~"
~
,
o
G
~
""
~
'"
....
'"
N
'"
~
00
!;;>
~
o
CI
~
~
o
z
~
~
~
q
,
'"
CI
Z
~
~
ffi
~
~
~
~
o
CI
~
~
o
z
~
~
~
q
J,
CI
Z
~
~
~
~
~
o
E-<
CI
~
o
~
z
o
~
'"
o
~
~
~
j
~
'"
Q
~
o
~
~
~
p::
~
o
p::
'"
CI
~
'"
CI
Z
~
~
~
~
p::
E-<
o
Z
~
CI
~
~
~
o
~
~
~
~
~
o
::g
<:
*
N
~
~
....
'"
o
~
N
~
..
~
'"
w
'"
::>
..
'"
w
u
..
B
'"
..
z
u
z
c
~
~
c
~
'"
>
c
....
i
u
~
o
..
~
u
w
~
..
~
~~~
zzz
.... w!l'!I'!I'
....... lIE cnwww
fIE. 0: CCIIUHn
~~~ ~~ ~ 5~~~ m
~~CII ~~......~....... .... .~mm...c
~ww aaSlE~ .. lIE ~~~~ffi~
o~u... ~~oO:O:wO:w W\IJ\IJ%
~--~WW~~Z~~>~>CII~~~W~
...>>OUU~~_~~"~"... cne
~~~~>>CllCII~CllCII~CII~a~~:~~
UCIICII~""U~"~UWUW_~~~m
CIIWWZZWZZ"Z"~~~~%~
~~~WCIICII~=~==W=W"'"""WO
~<CU""CC CCUCUWWWW<<W
~~~~~~~ffi~ffiffi5ffis~~~~w~
~==~~~~~~~~~~~~~I!~~
........~
~H
,
"
"
~ ~
.. "
~ "
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
,
"
"
o
z 00
~ W\lJZZ
101 """ UU=:I=:I
o~o ~ !~~u.......
zuzo.....o~CC_"ar::......
~>~~ar::~~!~~~a~~ ar:: ~~
~ffi~u..~u..~u.......~~~~~ ~ ~2
t-CII"WWWar::ar::ar::W 2101 ~~
W <"CIIU WW~...... war::
~~:~~>~~~!ffiffi~: U:~~~
CIIC--""CE%U~E__ U C"
<<~WWW" ~~~~O-~ar::......
~~UCII~Cllo~~~g9uu!~~~!!
.....~-...U"E__W~~__u..UU~ar::"
..... ~W...W"WWWZZ~~ u..u..
C 'UlCIIJ;:30"a::5lEWWCIICl)CL.u..u..u..~~
=~~~~~~::~!!~~UQOC~~
o
~
000101101101000001011011010101010100
!!!!!!!!!!!!!!!!!!!!
..........u............u..u..u..u.......u............u..u..u..u.................
~~~~~~~~~~~~~~~~~~~~
CCCCCCCCCCCCCCCCCCCC
~~~~~~~~~~~~~~~~~~~~
WWWWWWWWWWWWWWWWWWWW
ZZZZZZZZZZZZZZZZZZZZ
WWWWWWWWWWWWWWWWWWWW
~~~~~~~~~~~~U~~~U~~~
"
!""" tt
"
"
"
C"
"
"
.
.
~ "
w"
.. "
OOOO~oooooggoOOO~002
gggg~~~gggooggg~~~g~
~~OC~~-~~C~NC~C~N~C~~
ON~CO ~~O~~O~O_~~~__
N_ ~~ N N _.~ N
c
!Ii
..
~
'"
~
c
....
'"
w
..
~z~
..c
:9~
~
~ .
o ~
~w
,.:51<0
..~Z
w~_
U::>....
"'....
... -
.,~'"
",UU
-..'"
000
zzz
::>::>::>
~~~
....~....
CCC
......
www
zzz
WWW
"'''''''
o
o..~
"'U-
Zo
~~Z
::>"0
~w_
"''''
~n~ ~
-U"
> ~
..~~
~i!5:
..
~~W
......
WC_
om~
'"
'"
'"
.0
'"
"'.
~
.............
000.
ONO'
0_0 .
12- g:-~" :
~-_.
...............,
.
.
.
IPt1- ?
'"
:;
....
'"
N
~.
~
~
ii!
....
o
..
~
!
U
U
~
~
C
..
....
~
::>
~
..
~
W
~
C
'"
U
~
~
C
..
~
o
z
::>
~
....
C
..
w
z
w
..
8
o
g
N
~
N
w
U
;:
..
W
'"
~
m
w
o
W
'"
..
B
U
~
....
51
~
~
'"
W
o
W
..
..
~
'"
W
..
W
~
~
~
m
~
o
'"
'"
N
'"
~
...
EXHIBIT 'B'
~
~
~
ii!
w
U
;:
..
w
'"
..
..
C
..
m
....
'"
w
U
;:
..
w
'"
..
..
C
..
m
....
:5
o
z
::>
~
....
C
..
W
Z
W
..
:;
8
~.
-
~
~
~
~
~
ii!
w
U
;:
..
w
'"
..
..
C
..
m
....
o
z
::>
~
..
..
C
..
m
....
u
....
~
o
~
~
....
C
..
w
z
w
'"
:;
8
o'
~
'"
...
~
~
::>
'"
w
U
....
o
~
o
~
~
w
~
N
W
'"
~
w
'"
'"
C
o
~
~
....
C
..
w
z
w
'"
8
o.
o
o
~
'"
~
~
~
L
o
~
w
U
~,
W
'"
..
~
w
'"
~
~
",.
B:
L~
:;!
fi
~~
~
-~
U~
z'~
]~
~ G
G~
.~ III
8'&
L
B:'E
G G
.n
~~
.; a;
~ L
a.E
12
;]
J:L
~ ~
~
~ ~
U L
G
~.8
~
J: -
~-
ct)';
~
~~
_ J:
~..
~.~
L_
~~
Bt
L
L~
~ ~
~
n
G
L~
~~
G
eJ:
U
~L
H.
~
~
..
~
w
'"
..
..
w
15
..
~
o
~
~
....
C
..
w
z
w
..
:;
8
i
~
...
C
&!
"-
....
,
'"
o
I?
N
~
..
~
'"
w
~
..
'"
w
~
'"
Z
U
Z
C
Z
~
C
...
'"
;:
C
~
51
u
~
o
..
...
u
"
"
"
"
"
"
"
"
"
"
"
W"
~ "
"
"
~
!i
..
~
o
...
i
~
w
..
...
~
~
...
wz
uw
-x
>..
"c
w...
"'w
..
..
!IIZ
w1!i
"'~
!i1
::>
~
,
"
"
"
"
"
"
"
"
"
"
w
uo
;;;
..
wo
"'z
::>
..~
~...
wu
"'..
o
z
::>
o~
Z
::>>
~..
w
~'"
c
....
!It !II
ww
"''''
"
~~
~::!'
~
~
;;
&
t.:
;go
~
..
...
~
...
::>
'"
'"
Z
...
C
..
w
Ps
...
~
......
~1iI
...'"
::>z
"'-
...
"'c
z..
-w
:CPs
..
w..
Ps;;:
o
Z
::>
~
~
z
~
w
..
Z
C
..
o
x
!!!
...
'"
00
zz
::>::>
~~
....
ww
......
ww
XX
"''''
zz
~;:;
....
cc
......
o
z
::>
~
00
zz
::>::>
~~
~
c
..
w
Z
w
'"
~~
cc
....
ww
zz
ww
"''''
~
~
..;
~
~
~~
00
00
00
~"g"
~~
'"
~
u
c
~
'"
'"
..
...
~
.........
......
ccc
.........
~~~
000
.........
......
www
UUU
.. .. ..
......
~~~
...
U
W
~
o
..
...
o
UZ"
...::>w
"-~...
... z
Z~w
OCU
....
~w~
..z
CW
.."'...
000
000
............
000
zzz
::>::>::>
~~~
www
UUU
;;:;:
......
WWW
"'''''''
.........
......
www
000
~
o
o
o
;g'
~
000
&88
~o N
"'....
~....'"
~
~
o
..
...
=
o
&,
....
o
~
~
~
w
U
;:
..
w
'"
...
..
w
o
w
'"
..
a
U
~
~
8
...
...
X
w
o
w
..
..
...
'"
w
..
w
...
Z
o
~
C>
....
'"
N'
'"
N
~
...
!!!
...
...
::>
'"
'"
Z
...
C
..
W
Ps
...
~~
1iI::i
'"
"'w
z..
...w
cu
..::>
wo
Psi:!
...
~~
::>..
"'w
'"
"'w
z..
...w
cu
..::>
wo
Psi:!
ww
uu
zz
cc
....
iii iii
zz
......
zz
ww
~~
00
~~
ii:
ww
!!
!i1!i
::>::>
~~
~~
cc
....
ww
zz
ww
"''''
~
o
o
o
1:;:'
~
............. ....
00' 0
00 I 0
00' 0
NO": ,..;
~~:~
~, ~
,
,
.
~
...
;,;
z
w
...
!i
u
'"
..
w
'"
~
00
zz
::>::>
~~
~
~
1/)/1'" g'
......
"''''
::>::>
....
......
....
cc
~~
uu
~~
....
~~
o
z
::>
~
~
c
..
w
z
w
'"
00
zz
::>::>
~~
~~
cc
....
ww
zz
ww
"''''
~
o
o
o
..'
o
~~
00
00
00
1:;:'8'
~~
::!
'"
~
EXHIBIT 'B'
w
'"
c
z
u
~
'"
...
'"
'"
~
...
w
w
..
...
'"
o
2
...
u
o
!
~
~
c
..
w
Z
w
'"
~
C>
~
'"
;;;
~
~
...
Z
w
X
..
C
...
w
..
Z
1!i
~
o
:;;
o
!
~
...
u
..
~
~
w
u
;:
..
w
'"
..
!II
w
'"
i
:!'
~
..
~
...
Z
II!
w
'"
..
::>
..
!;
w
..
Z
C
~
...
..
w
...
'"
~
..
w
...
Z
w
u
u
;:
u
~
o
o
!
~
~
c
..
w
z
w
'"
;;
'"
N
N'
~
..
~
...
z
II!
w
'"
!!i
..
!;
w
..
Z
C'
~
...
..
w
...
'"
~
o
..
c
..
...
~
~
o
o
Z
::>
~
~
c
..
w
z
w
'"
~
~
$
~
5!:
...
Z
w
:E
w
'"
~
!;
w
..
Z
C
~
...
..
w
...
'"
C
:E
c
...
'"
w
~
~
!!!
~
...
w
o
Z
~
~
8
:E
..
..
c
..
..
~
o
z
::>
~
~
c
..
w
Z
w
'"
~
c;
o
!
~
!
;;;
..
w
..
...
...
::>
'"
w
..
~
~
c
..
w
Z
w
'"
~
c;
~ 8,
o 0
o ::
o
N
N
~
U :E
e w ~
.. ~.. '"
., ~~ ...
i'! ....
.. e
... :!; ...
...
.... ~ ..~i'! u
...
w i!! !....-....c ....
:g .... 11I::....:.:_ '"
~~ S ...I::g~...t e
... ...
~ . w~
~ u......cna:a ~
........ ~ ....o;i~i .,
U e
~.... ... ....
X GI:)(EU. '"
!!;!!; e a..wc-o w
.... =..u.....w u
.... .. ",w
;g ....tJ;;8w:1 ....
:;! ........ ~
uu ~ uo-o..w:a::
N ...... ca.........u.cn
~
..
~
.... .... ............ ~
.. u u uuu 0
w w w www '"
.. ~ ~ ""-;1,..., ...
" ! 0 0 00000
'" '" Gl:ICII:II'CI'GI: =
.. '" ... ... a..a.o..Q.Q.
~ 0
.. ..u u uuuuu '"
w ".... .... .................... w
u ~ .... .... .......................... ....
'" .... .... .................... ..
i:! :;!i'! i'! i'!i'!i'!i'!i!i w
u
.. "'''' '" Gl:Gl:CE'a::GI:
'" w~ ~ .........1.6.""".... ~
.... .. >->->->->-
.. we e ccccc
"'.. ... CDlZlmmm ....
u
..
e
..
~ 0 00 0
e .... ~ ..0", 0
UU u,.,'" ,.,
.... .... ..
.. ~~ ~ coo 0
;; >.... ..
"'''' "''''' "
e 0 ww ~ w~~ ~
.... .... ..
~ i'!i'! w !WWOO w
~ U uuzz u
uu ;; u--:J:J ;;
u >>u.Y..
~ ........ '" ...."'''' '"
i'!i'! W !WW...J...J w
0 .. (lienee ..
"'''' '" "''''
.. ~~ .... ............ww ....
.... ...... ... >-mmz::z "'
U ee w c:wwww w
.... 0 mQQ"'~ 0
,.................,... ~ ~
00 R 0 00000 0 0 0
""" ~ 1S~g:g~ :z: .,
.... _0 - 0
i ~-~- ;; i N........-:!..~-4'.. .,; N
10'" ......... N "'
,., =-~......~.... 0 ~
N ..; i
'" 0
....
,.,
::: ~ N ,., ~ '"
'" W N N N N
0 '"
EXHIBIT 'B'
1~/J"9 //IJA-/O
RESOLUTION NO
16/,t -<
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ADOPTION OF THE FINAL BUDGET OF THE CITY OF
CHULA VISTA FOR THE FISCAL YEAR BEGINNING JULY 1, 1992
AND ENDING JUNE 30, 1993
The City Council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, pursuant to the provisions of the Charter of the
City of Chula Vista, sections 1004 and 1005, the City Council is
required to adopt a budget for the fiscal year beginning July 1,
1992 and ending June 30, 1993, and
WHEREAS, the City Manager has prepared and filed with the
City Clerk his proposed budget, and
WHEREAS, due notice has been given by the city Clerk, as
required by law, that said proposed budget is on file and open to
anyone interested, and
WHEREAS, a hearing has been held on said proposed budget
as required by law, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula vista that there is hereby appropriated out of the
treasury of the City of Chula vista for municipal purposes and for
use by the various departments, the amounts shown in Exhibit "A",
attached hereto and incorporated herein by reference as if set
forth fully and all appropriations contained in this resolution are
within the legal spending limitations authorized by law.
BE IT FURTHER RESOLVED that the appropriations attached
are approved as the budget for the 1992-93 fiscal year and that the
City Manager and the Director of Finance be authorized to transfer
appropriations within control accounts for all services and to
transfer appropriations between control accounts for Employee
Services only.
BE IT FURTHER RESOLVED that the Director of Finance may,
from time to time, invest temporarily idle funds from anyone fund
in legal investments provided by law for charter cities.
BE IT FURTHER RESOLVED that the interfund transfers
described on Exhibit B, attached hereto and made a part hereof, are
hereby authorized; and any such interfund transfers described
thereon as loans shall bear interest at the rate of 6.5% per annum
which the city Council finds and determines is the current prime
interest rate.
1
/~/I-/ I
BE IT FURTHER RESOLVED that the Finance Director is
authorized to transfer the reserve for minimum premium health to
the Minimum Premium Health Trust Fund.
BE IT FURTHER RESOLVED that revenues received from
Developer Deposit Funds for projects for which consultants rather
than City officers or employees are engaged are hereby continuously
appropriated to the Developer Deposit Fund.
Presented by
AP~ A to
rm by
.Jl
John D. Goss, city Manager
Bruce M.
Attorney
City
Ol20a
2
/ ~ /I-/rf<
COUNCIL AGENDA STATEMENT
Itell I t:J a
Meeting Date 6/16/92
Publ ic Hearing: Consideration of the adoption of the budget
for Fiscal Year 1992-93 which includes establishing an
appropriations limit for Fiscal Year ended 6/30/93
Resolution 1'/"3 Adopting an appropriations limit for
fiscal year ending June 30, 1993
SUBMITTED BY: Director of FinanceJf~
REVIEWED BY: City Manager 1(; 7 ;r {4/5ths Vote: Yes_No..l.J
Government Code Section 7910 requires each local government to establish its
Gann (Article XIIIB of the California Constitution) appropriations limit by
resolution each year at a regularly scheduled meeting or noticed special
meeting.
ITEM TITLE:
RECOMMENDATION: That the City Council adopt a resolution establishing an
appropriations limit of $50,403,035 for the 1992-93 fiscal year.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Article XIIIB of the California Constitution specifies that appropriations
financed from "Proceeds of Taxes" may increase annually by the change in
population of the city and the change in the U.S. Consumer Price Index or
Cal ifornia per capita personal income, whichever is less. For 1992-93, the
California per capita personal income decreased by 0.64%.
"Proceeds of Taxes" i ncl udes such revenues as property taxes, sales and use
taxes, utility users taxes, transient occupancy taxes, and state subventions.
Revenues from other sources like fees/charges and federal grants are
considered "Non-Proceeds of Taxes" and not subject to limit.
The State Department of Finance is charged with providing the data necessary
for local jurisdictions to establish their appropriation limit. Based on this
data, the 1992-93 appropriation limit has been calculated as follows:
Fiscal Year 1991-92 Appropriation limit
Decrease in the California per capita
personal income
Increase by the Population Change in Chula
Vista from January 1, 1991 to January 1, 1992
$49,635,708
x 0.9936 (-0.64%)
FISCAL YEAR 1992-93 APPROPRIATIONS lIMIT
x 1.0220 (2.22%)
S50,403,035
FISCAL IMPACT: The "Proceeds of Taxes" subject to the appropriations limit
are estimated to be $33,566,233 for FY 1992-93. Chula Vista has an
appropriation "gap" of $16,836,802.
WPC 0626G
/otJ.../ /IO~-1.
RESOLUTION NO. /&~~3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING
JUNE 30, 1993
The city Council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, the Gann Ini tiati ve or Proposition 4, hereby
referred to as Article XIIIB of the Constitution of the State of
California, was passed by the people, and
WHEREAS, Article XIIIB mandated an appropriations limit on
various units of government, including the City of Chula Vista, and
WHEREAS, that limit has been calculated by the Finance
Department of the City of Chula vista using data provided by the
state Department of Finance, and
WHEREAS, the City Council of the City of Chula vista
desires to formally adopt that appropriations limit for the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula vista that in accordance with Article XIIIB of the
Constitution of the state of California the appropriations limit
for the City of Chula vista for the fiscal year ending June 30,
1993 is $50,403,035.
Presented by
~"~"
Bruce M. Booga
Attorney
, city
Lyman Christopher, Director
of Finance
0065a
11)8"3
NOTICE OF HEARING
CITY COUNCIL OF CHULA VISTA, CALIFORNIA
Notice is hereby given that public hearings will be held by the City Council of Chula Vista,
California to consider the adoption of the budget for fiscal year 1992-93 which includes
establishing appropriations limit for fiscal year ended 06/30/93.
The public hearings are being held pursuant to the provisions of the Charter of Chula Vista
Sections 1000-1006. The following reflects the City of Chula Vista proposed budget:
Proposed
City Bud~et
General Fund
Special Revenue Funds
Debt Service Funds
Open Space Funds
Landscaping & Maintenance Districts
Capital Improvement Projects
Community Development Block Grant
Equipment Replacement Fund
$ 52,396,168
8,476,830
10,237,780
1,274,580
155,260
8,268,531
1,380,000
830.000
TOTAL
$ 83,019,149
Said public hearings will be held in the Council Chamber, Public Services Building,
276 Fourth Avenue, Chula Vista, California on Tuesday, June 16,1992 at 6:00p.m. at which
time individuals andlor groups may make oral comments. Senior Citizens are encouraged
to attend and comment. A copy of the 1992-93 City of Chula Vista Proposed Budget is
available for inspection in the office of the City Clerk, City Hall, 276 Fourth Avenue,
Monday through Friday. 8:00 a.m. to 5:00 p.m.
Dated: June 1, 1992
City Clerk
II)" d ,,8'
COUNCIL AGENDA STATEMENT
Item JL
Meeting Date 6/16/92
ITEM TITLE:
Public Hearing
Assessment District No. 90-2 (Otay Valley Road)
a) Resolution ,"'3Cl Approving agreements for execution in Assessment
District No. 90-2 (Otay Valley Road) and authorizing the Mayor to sign
said agreement.
SUBMITTED BY:
b) Resolution ,,""'0 Approving various transfer of funds to the reserve
and improvement funds for Assessment District No. 90-2 (Otay Valley
Road)
c) Resolution I"~'"~ Ordering certain changes and modifications to the
Engineer's Report in Assessment District No. 90-2 (Otay Valley Road)
d) Resolution/""Z. Overruling and denying protests and making certain
findings in Assessment District No. 90-2 (Otay Valley Road)
e) Resolution '"'''' 3 Confirming the assessment, ordering the
improvements made, together with appurtenances, approving the
Engineer's Report, making CEQA findings, and adopting a Statement of
Overriding Considerations and a Mitigation Monitoring Plan regarding
Assessment District No. 90-2 (Otay Valley Road)
Director of Public Works ~
City ManaJr~ ~~1
(4/Sths Vote: Yes_NoX)
Council Referral #2616
REVIEWED BY:
BACKGROUND:
This Public Hearing was continued from the meeting of May 26, 1992 to June 16, 1992.
Council asked staff and Consultant to investigate options of credits for slopes, full credits for
improvements constructed prior to this project, and cost savings in reducing the scope of the
project by reducing the number of lanes.
Staff has looked at every grading plan for projects in the area and all improvement plans for
street improvements along Otay Valley Road, and have determined that both types of credits
could increase the City's contribution by nearly $800,000.
/1"';
Page 2, Item ...1l...
Meeting Date: 6/16/92
We are also working with the County to get a more solid number of their contribution for the
Road Project, as well as looking at Baldwin and the Eastern Area DIP to pick up the costs of
two lanes of pavement and base. Those amounts could help us to fund the shortfall discussed
in the paragraph above, or help to reduce assessments area wide.
Staff has not been able to resolve all the issues needed to fully comply with Council's direction,
including final cost estimates, funding sources, modifying resolutions, etc.
RECOMMENDATION:
It is recommended that this hearing be continued to June 23, 1992.
JPL:SBlCONTOVR.612
11-;
:..
~/I
CONAL.O R. WORLEY.
WILL-.IAM .J. SCHWARTZ, JR.
TIMOTHY K. GARFIELD
ROBERT C. RICE
CI-IARLES V. BERWANGER
.JENNIFER TFlEItSE WILSON
,JA.MES P O'NEIL.
PATRICIA KENT
.JOSEPH A. SOLOMON
SUSAN BADE MULL.
WORLEY, SCHWARTZ, GARFIELD & RICE
A PARTNERSHIP INCLUDING A PROI"ESSIONAL. CORPORATION
ATTORNEYS AT LAW
1150 FIRST INTERSTATE PLAZA
401 "S" STREET
SAN DIEGO, CALIFORNIA 92101-4245
TEL.EPHONE: (619) 239-0815
TELEFAX: 16191 239-685-4
0... ~1tO"It$SION.AI... COlOlPORA11ON
June 16, 1992
FILE NO.
HAND DELIVERED
Honorable Mayor and City Council
city of Chula vista
276 Fourth Ave.
Chula Vista, CA 91910
Re: Otav Valley Road Assessment District No. 90-2
continuance of June 16, 1992 Hearing.
Honorable Mayor and city council Members:
As you are aware, we represent Charles Siroonian and Charles
Pratty who are owners of property in the City of Chula Vista.
Their property is included within the proposed Otay Valley Road
Assessment District No. 90-2. On June 15, 1992, this office
received a fax from City staff which stated that the Otay Valley
Road item would be continued to June 23, 1992. Based upon this
representation, we will not be appearing at tonight's hearing. We
trust, therefore, that no action will be taken on this item based
upon the representation that the item will be continued.
Very truly yours,
WORLEY, SCHWARTZ, GARFIELD & RICE
~
WILLI
, JR.
WJS/sk
cc: Mr. Joseph Botkin
Mr. Charles Siroonian
Mr. Charles pratty
);---J
ITEM NUMBER:
II,
RESOLUTION NUMBER:
It' 1/'1
ORDINANCE NUMBER:
Pll8LI t, HrAR.~N (;.
OTHER:
ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM
DATE: $- 211 - qz...
(AGENDA PACKET SCANNED AT ABOVE DATE)
ITEM NUMBER REFERENCED ABOVE HAS BEEN CONTINUED TO
-
~- 3D - q2..
DATE:
MISCELLANEOUS INFORMATION:
I). -I
CITY COUNCn.. AGENDA STATEMENT
Item KII'J;
M_1nl Date .os '1",9%
(, III" I;z.
(THIS ITEM TO BE Al,;nw UPON AFTER COUNCn.. CONSIDERS, DELIBERATES
AND ACTS UPON THE OTAY VALLEY ROAD ASSESSMENT DISTRICT 90-2 PUBUC
BEARING]
ITEM TITLE:
PUBliC HEARING:
SUBl\Ul HW BY:
REVIEWED BY:
BACKGROUND:
TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR
ACQUIRING AND AUTIlORIZlNG THE CONDEMNATION OF
CERTAIN REAL PROPERTY WITHIN THE OTAYV AILEY ROAD
STREET WIDENING PROJECT
RESOLUTION I"~ tflj Determining Public Interest and
Necessity for acquiring and authorizing the condemnation of certain real
property within the Otay Valley Road Street Widening Project along
Otay Valley Road between Interstate 80s and the eastern boundaries of
the City, in Chula Vista, California r{) ,
Community Development Director fji4
City ManagerJ" ~'Xz&\
U ~ (4/Stbs Vote: Yes..x.. No-->
Council action on this item will be necessary only if the City Council has approved the
formation of the Otay Valley Road Assessment District No. 90-2 earlier in tonight's agenda.
Assuming that the district is formed for the purposes of issuing bonds to widen Otay Valley
Road, it is necessary for the Council to hold the public hearing and deliberate upon the request
to adopt the Resolution of Necessity ("Resolution") to acquire the remaining necessary right-of-
way and appurtenant easements through eminent domain for the public right-of-way necessary
to construct the road improvements. The City is attempting to acquire easements to the
properties as opposed to fee title. The authority to conduct this proceeding is derived from, and
being commenced under, California Code of Civil Procedure, Section 1240.030, and California
Code of Civil Procedure Sections 1245.210 - 1245.270.
RECOMMENDATION:
Conduct the Public Hearing and adopt the Resolution of Necessity.
DISCUSSION:
Section 1240.030 of the California Code of Civil Procedure provides that the power of eminent
domain may be exercised to acquire property for a proposed project if the following conditions
are established:
~/1-"1
Pa,e 2, Item 11-
M_tl"l Date OS/26/92
1. The public interest and necessity require the project.
2. The project is planned or located in a manner that will-be the most compatible
with the greatest public good and the least private injury.
3. The property sought to be acquired is necf'''~''Y for the project.
4. That either the offer required by Section 7267.2 of the Government Code has
been made to the owners of record, or that the offer has not been made because
the owner cannot be located with reasonable diligence.
The property owners that are the subject of the Resolution were properly notified of tonight's
public hearing by certified and first-class mail dated May 7, 1992, pursuant to the requirements
set forth in the Code of Civil Procedures Sections 1245.235 (a) and (b). The notices advised,
among other things, that the amount of compensation to be paid for their property is not a part
of this proceeding and that their comments should address only the conditions listed above.
FOllowing, is a discussion of the four conditions which must be established in order for the
Resolution to be adopted:
Condition 1: By virtue of the Council certifying the Final Environmental Impact Report
(FEIR) on April 21, 1992, and subsequently approving the formation of the Assessment District
and adopting a Mitigation and Monitoring Program earlier this evening, the Council has
established that the public interest and necessity require the project. As a summary statement
however, the widening of Otay Valley Road is consistent with the City of Chula Vista's General
Plan Update which designates it as a six lane prime arterial and major street, and is in
accordance with the goals and objectives of the adopted Otay Valley Road Redevelopment
Project Area Plan that specifically calls for the elimination of environmental deficiencies which
includes inadequate street improvements.
Condition 2: Otay Valley Road travels east to west, and the portion to be widened lies
between Interstate 80S and the eastern City limits. This area has physical barriers on both the
north and south sides. To the north lies subdivided and developed properties in some areas,
along with steep and substantial slopes in other areas. To the south lies primarily vacant,
undeveloped and wetlands. It is clear that in order for the project to be located in a manner that
is compatible with the greatest public good and the least private injury, the road must be
widened on the south side. This will minimize impacts upon developed property, and excessive
grading and construction costs.
Condition 3: The property easements sought to be acquired are necessary for the project
because it lies within the proposed right-of-way, slope easement, and temporary construction
easement boundaries on the south side of the existing Otay Valley Road generally located
between Interstate 80S and the eastern City boundary. Acquisition plats with the accompanying
legal descriptions, provided as exhibits to the Resolution, validate that the property is necessary
for the project.
Jt.
~.1.
Page 3, Item .d:!/:::. ' 2-
Meetin& Date ~/ld/~ II)U,\GZ.
Condition 4: Ryals and Associates was retained by the City of ChuIa Vista to perform
acquisition services for this project. Of the property nect'ssary for the project, settIements were
reached with all but four (4) property OWDen covering five (5) parcels. Final Offen We1e made,
punuant to the ICquirements of Government Code Section 7267.2, on April 29, 1992, and May
1, 1992, respectfully. Rick Ryals, Ryals and Associates, is present this evening to discuss any
specific questions relative to the acquisition efforts. For clarity purposes, the remaining property
rights sought under the Resolution, along with the corresponding parcel numbers and date of
Final Offen appear below:
Atomic Investments
Leonard Teyssier
624-060-45
04-29-92
Qffm:
$ 98,200
Owner
Parcel No(s)
Final Offer Date
Jaginco, L.P.
Bont Family Trust
644-040-40
04-29-92
$472,000
H.G. Fenton Company
Nelson & Sloan Materials
644-050-06
644-050-07
644-050-02
05-01-92
$ 85,700
H.9. Fenton Company
05-01-92
$ 52,100
In summary, the four (4) conditions which need to be established in order to adopt the
Resolution have been met. The City, through its Acquisition Consultant have made the
appropriate efforts to acquire the easements at or above the Fair Market Value without the use
of eminent domain. Unfortunately, the parties have reached an impasse, and the1efore, in order
to proceed with the project as planned, the easements need to be acquired through the use of
eminent domain.
FISCAL IMPACT:
All property acquisition costs associated with the street widening project is to paid/reimbursed
from the Assessment District. Therefore, the1e is not an impact on either the City or
Redevelopment Agency unless, during the settlement proceedings, the Judge awards
compensation well above and beyond the established Fair Market Value for the above referenced
properties. The existing acquisition budget within the Assessment District is $1,130,920.
[C:\WPSllHA YNES\REP01lTSIOVRACQI.113)
)J/ :3 IZ~ 3
A-1
EXHIBIT "A"
A'I'OIIIC INVIIITMIIIITI INC, A CALIPONIIA COltPORATION
('AC BaLL PAaCEL)
ALL THAT PORTION OF THE SOUTHaAST QUAltTIIl OF THE NORTHIAST QUARTIIl
OF IICTION ~4, TOWNSHIP 11 SOUTH, IlANOE 2 ~IST, IAN BIRNARDINO
IIIIUDIAN, IN THI CITY 01' CIIULA VIITA. COUNTY OF IAN DIIOO, ITATI
OF CAL I FoaN IA. ACCORDING TO UNITED STATIS GOV_ENT IuavEY
DBlcalBED AI FOLLOWI'
PAltCIL 1 (RIGHT-OF-WAY)
THAT PORTION OF THAT CIRTAIN PARCIL OF LAND DllcalBID IN A LIASI
TO PACIFIC TILEPHONE AND TILIGRAPH COMPANY, A CALIFORNIA
CORPORATION FROM IAN OlIGO TRUST AND SAvlNOS RICORDED MARCH U,
1114 AI FILI/PAOE 14-011111 OF OFFICIAL aECORDS, DESCRIBED AS
FOLLOWS I
A ITRIP OF LAND 24.00 FUT III WIDTH LYIIIG 10UTHIRLY OF AND ADJACENT
TO THE FOLLOWING DESCRIBED LINE,
BEGINNINO AT A POINT III THI EASTIRLY LINE OF lAID IECTION U.
DUTANT THIREON SOUTH 0'16'11" WEST &1.00 FEET FROM THI CENTERLINI
OF OTAY vALLEY ROAD AS lAID CENTERLINE U IHOWN ON A MAP OF
PRINCISS MANOR UNIT NO. S, MAP NO. saZl, RECORDI OF lAID COUNTYI
THENCE NORTH 8I'aO'13" WEST PARALLEL WITH SAID CENTERLINE 880.00
FEET.
THI slDILINE OF SAID IASEMENT SHALL BE FORESHORTENED OR EXTENDED
TO TERMINATE IN THI EASTERLY AIID WESTERLY PROPERTY LIllIS OF THI'
ABOVE DESCRIBED PARCIL.
lAID PARCIL CONTAINS 0.21 ACRII MORE OR LI8S.
PAltCIL 2 (SLOPE EAIIMINT)
All IASEMENT FOR 11,01'1 AND DRAINAGE PURPOSES OVER THAT PORTION OF
THAT ClaTAlN PARCIL OF LAND DISCIUBID IN A LEASE TO PACIFIC
TELEPHONE AND TBLEGRAPH COMPANY. A CALIFORNIA CORPORATION, FROM SAN
DIEGO THUST AND IAVIIIOI RECOaDlD MAltCH 21, 1814 AS FILl/PAGE '4-
01118' OF OFFICIAL RECORDS, DBSCRIBID AS FOLLOWS' '
SAID IASEMENT BEINO BOUNDED OK THE NORTH BY THE SOUTHERLY LINE OF
PARCEL 1 AS DESCRIBED ABOVE AND ON THI SOUTH BY THI FOLLOWING
DISCRlBED LINEI
BIGINNING AT A POINT IN THE EASTERLY LINI OF SAID IBCTION 14,
DISTANT THEREON SOUTH o'u'n" WEST 83.81 FIET FROM THI CENTlaLINI
OF OTAY VALLEY ROAD AS SAID CENTERLINE IS SHOWN ON A. MAP OF
PRINCESS MANOR UNIT NO. &, MAP NO. &Z21. RECORDS OF SArD COUNTY,
THENCE NORTHU'U'SO" WIST fl.8I FIETI THENCIIIORTH SS'U'8I" WEn
11.00 'IITI THENCE NORTH U 31'1&" WEST 201.13 FIETI THENCIIIOR'J'B
O'Z8'.'" EAST 8.12 FEET MORE OR LISS, TO THE INTERSECTION WITH THE
SOUTHERLY LINE OF THE ABOVE DESCRIBED PARCIL 1 AND 'I'HI TIRMINUS OF
TUI8 BASIMENT.
SAID PARCEL CONTAINS 0.01 A.CRBS MORI OR LISS.
PARCEL a (TEMPORARY CONSTRUCTrON EASEMENT)
A TIMPORARY BASIMENT FOR CONSTRUCTION PURPOSIS OVD A STRIP OF LAND
20 FIET IN WIDTH LYING SOUTHIRLY OF AND ADJACENT ,TO AND,PARALLIL
WITH 'I'HI SOUTHIRLY LINI OF PARCIL 2 AS DISCRIPID ABOVE.
/2-
;1-'1
EXHIBIT US"
8,1
PARCEL 1
AREA-O.:11 ACRES
DlSTlNO R/W PER
, /P 312S1 o.R.,
1lEe. 2/20'"
15.13'
I.E. COR, PRINCESS
"""OR UNIT II
IIAP 1728
.'.00'
~
-----t- ----r-~~-
PARCEl. 3/ PARCEL 2 '_...
'lEIoIPORARY SLOPE EASEIoIENT
CONSTftUCnON AREA-O.t! ACRES
EASEMENT
~
I . OO':IS'\r w
.t 14.21
'-SEE DETAIL "A"
~~;\I br ~t(.~lbr ~
M
o"?-. ~
~ r/p 74-071167 O.R.
),Iii
3/21/74 Ie w1:t
= ATOMIC INVESTMENTS. INC.
(PAC BELL-LESSEE) U. Iii
A.P.N. 624-060-45 ')
C'III Z& -
n "J,br i
. ,,?-f'J,'f.
~t(.O
&11:
-<.~<Q~ ~~""
~\O~
~\o;
'"
(
) - DENOTES DEED BEARING
AND DISTANCES PER rIP
NO. 74-071187 O.R,
L4
,V
\.. -r.- -
10' 1EUPOIWIY .J
CONmIICIICIN
IASOIENt
."....
g'g I~tmfil ~~1f I
HID
nrTAft.. -A-
NOT TO SCAlI:
.-. .... _._...~-~-_.
I\'~""'~"""\"'~\'~
...'.,.........
DENO'IES PCL 1 AREA TO BE ACQUIRm
AREA . 0.21 ACRES
A.....or.. Porc.1 No.;
624-080-45
Rlght-or-WOY En~'neerlnQ Service., Inc.
CIIIII Eft~o_ L...._I'.'
ItOJ EI Camln. R'" S o. 108 o.o,.oldi. CA .2054
111'\ 757-4443
AlfW:M I..,. AftIUII:&ftt
CITY Of CHULA VISTA.
OTAY VALLEY ROAD RIGHT OF' WAY
DATE: SEPTEMBER 10, 1991 SHEET 1 or 1
12,5
"1.'':''
.
..
'.
.J
A-2
-
UIIIIIT "A"
{.p....
WALDa ICOT'l'
'J'HAT PORT I 011 OF SECTIOII U, TOWIISHIP 11 10UTH'. ..IIOE 1 WElT, IAN
BERIIARDllIO MERIDIAN, III THE cln OF CRULA . VISTA, 'COUNTY OF 84N
DIEGO, ITATI OF CALIFOIUI1A ACCOMINO '1'0 'J'HE U!lITED STATES
GOVIRNMENT IUnVEY, A"ROVID SE'TIMBEa 11. IS18, 111110 DISCRIIED AS
FOLLOWS'
.ABCIL 1 (RIGHT-OF-WAY)
COMIIIIHCINO .AT 'tilE ftOllTll1llCST CORNER OF THI 1000HlAIT QUA&TR OF THE
IIORTHWEST qUARTER OF SAID SECTION 181 THENCE ALONG THE NORTHERLY
LINI OF LOT 1 OF THI SOUTII1IEST QUA1tTER OF. 'IRE NORTlIWIS' QUARTEIl OF
84ID SF.CTION U, NORTII 88'U'4&" "1ST (NOIlTH 18'n'01" WIST RECORD
.Ell RICORD OF IURVIY NO. 10111) 188.01 nET ''1'0 A POINt Oil THE
"ESTERLY LUIB OF 'HE EASTERLY 188.00 FElT OF SAID LOT II TRENCE
SOUTHERLY ALONG 84ID "ESTERLY LINE SOUTII 0'18'03" "1ST 10.00 FEET
TO A POINT ON TilE SOUTHERLY IUGIIT-DF-WAY OF OTAY VALLEY ROAD
ACCORDING TO nOAD SURVEY NO. 184 PER THI MA' THEREOF ON FILE IN 'HE
OFFICE OF TilE COUNTY SUkYEYOR OF SAID COUNTY AND AS GRANTED TO THB
COUN'Y OF SAN DIEGO BY DEED RECORDED Aueus, I, 1101 IN BOO~ 310,
PAGB 42 OF DIIDS. SAID POINT BEING THI TRUI POI11T OF BEGINNINGI
'I'HENCE EASTERLY ALONG SAID RIGHT-Or-WAY LINI SOUTH 8a'.8'48" lAST
1487.18 FEET TO A .0INT ON THE NORTH-SOUTH CENTnLI111 OF SAID
SECTION' TIIENCE ALONG SAID IIORTH-SOUTH CENTERLINI or SAID SECTION
NOIlTH 0 U 'as" lAST 9.85 FElT TO A POINT 011 THI SAID SOUTHIIlLY
RIGHT-Or-WAY LINI OF SAID OTAY VALLEY ROAD I THENCE ALONG SAID
SOUTHERLY RIOUT-OF-WAY LIIIE SOUTH U'01'OO" EAST (1lICOIlD SOUTH
11'08'41" EAST) 185.13 FEET MOkE OIl LESS '1'0 POINT "Z" AS DISCIlIBED
IN A DEED TO TilE COUNTY or SAN DIEGO, RECOIlDED JUNE 18, 1911 AS
FILE 110, 11-110101 OF OFFICIAL RECORDS I THENCE ALONG !III SOUTHERLY
LINE OF lAID DEED THE FOLLOWIIIO COURSES. SOUTH" lO'U" EAS'
(RECOIlD SOUTII 81'10'40" EAST) 102.18 FEITI TREIICE 10UTH U'01'OO'
BAST (RECORD SOUTII 12'08'41" EAST) 430.00 PIETI 'J'HENCE SOUTH
14'24'28" EAST (RECORD SOUTII 14'2&'U" EAST) 100.18 FBIT '1'0 A POINT
ON THE SOUTIIERLY IUGII'I'-OF-W'" LINE OF SAID lOAD IUIlJEY NO. 1841
THEKCE ALONG SAID. SOUTIIERLY RIOHT-OF-IIAY SOUTH U 01'00" lAST
(RECORD 10UTII U'08'U" EAST) UI.U FIITI'THENCI .IR.ENDICULA& AND
RADIALLY TO SAID RIOIIT-OF-WAY LINE IIORTH 11'13'00" lAST 10.00 FEET
TO A POINT Oil TIlE CENTERLINE OF SAID OTAY VALLEY ROAD AS SAID
CENTERLIKE IS SHOWN ON IlICORD OF SURVBY MA' 110. 10121, SAID .0INT
ALSO BEING TilE DEGINNI110'OF A TAIIGENT CURVE CONCAVI NORTHERLY AND
HAVINO A nAbIUS OF 1110.0 FEET A RADIAL BEARING TO SAID POINT BIARS
SOUTH 11'13'00" WESTI THBNCE EASTERLY ALONG THI AIlC OF SAID CURVE
THROUOH A CENTRAL AIIGLE OF 38'38'21" A LENGTH or 191." FEETI THINCE
TANGENT TO SAID CURVE NonTH 11'13'SI" BAST (IlECORD !lORTH 11'11'.1"
lAST 94.11 FEET) 11.11 FEET MOIlB OR LESS TO THE IASTE~LY LINI OF
lAID SECTION Ul THENCE ALONG UID EASTERLY LINE SOUTH 0,18'14" WEST
(RECOnD SOUTH 003'20' IIEST) 14.44 FEETI THINCE 10UTH 14 U'U" WEST
182.18 FElT TO TilE BEGINNING OF A TA'fCC;T CURVI CONCAVI NOnTHERLY
AND RAVING A lAD IUS OF 1112.91 FIETI THINCE "ESTERLY AND
IIORTlIWESTEIlLY ALONG THE AIlC OF lAID CUltVI THROUGH A CENTRAL A"GLI
or 81'11' 01" A LENGTH or 131. ae PEETI TRENCE TANGENT TO SAID CIIltVB
NORTH U'JG'U" WIST a'4.10 FElTI THENCE NORTH 12'OT'OO" WIST 433.08
FEETI 'IIENCE NOIlTH 11 Ol'U" !'lEST 410.10 FliT TO THE BI01I1NI11G or
A 1I0N-TAIIGENT CURVE CONcAVE SOUTllWESTIIlLY AND RAVING A RADIUI OF
1838.00 FEET, A RADIAL BEARING TO lAID POINT BEARS !lORTH 11'13'00"
IASTI TIIINCI WESTERLY ALONG THE ABC or lAID a;aVE THROUGII A CIIHTkAL
AIIOLE OF a'04'11" A LENGTH OF 111.13 FElT '1'0 A 'OINT ON THB IASTERLY
LINE OF SAID SOUTHEAST QUARTER or 'HE NORTHWEST QUARTEIlI THENCE
NORTH O'll'SS" lAST ALONO lAID IASTERLY LIlli TI.la FEET TO A POINT
ON THE SOI:TIIERLY LINE OF OTAY VALLEY ROAD AS UID LINE 11 SHOWN ON
IIlconD OF SURVEY NO. 101211 THE1ICI ALONO SAID SOUTHERLY LINE.
PARALLEL IIITH AND DISTANT 21,00 rEET AS MIASURED AT IIIOHT ANOLES .
'1'0 '1'111 CENTERLINE OF lAID OTAY VALLEY RO'iD ~S !AID CENTRLINE. I.
IIIOWII ON SAID ROAD SURVEY 1\0. 184, NonTH U S6 ~I WEST 20S.11 FElT'
J~
-n"'~
A-2
'J'JIENCE SOUTH 0'21 '38" WEST PAllALLEL WITH THE AFORESAID BASTERLY
LUIS OF TIlE SOUTHEAST QUARTER OF THE IIORTHWBST qUARTBR, 81.81 FEET
TO A POIIIT ON A HOII-TAHGBIIT CURVE. CONCAVI 10UTllWIITBRLY AND HAVING
A RADIUS OF 1838.00 FEET. A RADIAL BSAIlING TO I4ID POIIIT BEARS
IIORTH 3'311'40" EAST. TlIENCE "ESTERLY ALONG THB ARC OF BAlD CURVE
THROUGII A CENTIlAL ANGLS OF I'U' U" A LENGTH OF, ea. 83 FIET' THENCE
PARALLEL IIITII AND DISTANT fa.OO rlET AS MusuaED AT alQHT ANGLES
'110M THE CENTlaLINE OF OTAY VALLEY .OA~ AS SAID CENTERLINB IS SHOWN
ON 'AID ROAD 'URVEY NO. 184. NORTH S858'45" IIEST 1183.23 FEET TO
A POINT ON Till AFORISAID IIESTERLY LINI OF THI IA~TERLY 1811,00 FEET
OF LOT 21 THENCE ALONG SAID IIISTlRLY LINE NORTH 018'03" EAST 85.01
nIT '1'0 TIlE TRUE POINT or BBGIICNIICG.
IXClPTING THIRIFROM ANY PORTION or lAID LAND LYING III'I'8IN PUBLIC
aIOHT-oF-IIAY AS IDOIIN ON ROAD IURVEY NO. 184.
.~::~r .
lAID PARCEL CONTAINS 8.08 "call 11011 01 LlSS.
PAIlClL 2' (lLOPE BASEMENT)
AN IASEMENT 'OR SLOPE AND DRAINAGE PURPOSES OVER THAT PORTION OF
II:CTION 18. TOWNSHIP 18 SOUTn. RANGE IllEST. IAN BBRNARDINO
MERIDIAN. IN '1'111 CITY OF ClIULA VISTA. COUNTY OF IAN DIEGO ACCORDING
TO UNITSD STATES SURVEY APPROVED SEPTEMBER 11. 1818 BEING DISClUBBD
A' 'OLLOIIS. .
'.UD EASEMENT IS BOUNDED ON THE !fORTH BY THI SOUTHIRLY LINI AS
DBSCRIBID IN PARCIL 1 ABOVI AND ON THE SOUTH BY THE FOLLOIIING
DESCRIBED LINE.
BEGI!fNING AT A POINT IN Till WISTDLY LINI OF THI EASTBRLY 181.00
FIBT OF SAID LOT 2, OF SECTION ID, DISTANT THEREON 00'18'03" "1ST,
18.88 FIET rROM THE TaUE POINT OF BEGINNING AS DBSCRIBBD IN .AIlCBL
1 ABOYa.
THENCE 10UTH U'U'U" lAST 8.81 nIT,
THENCI 10UTH OB'01'SO" EAST 20.38 FlITI
THIIICE NORTH 90'00'00" EAST 11.00 ,nTI
THENCB NORTH 18'30' IT" lAST U.II ,nT,
THENCE NORTH 83'88'88" lAST 23.80 rlETI
THEIICE SOUTH 88'S9'U" lAST BO.U rEIT,
THENCE NORTH 81'18'21" IAIT 911.81 rlITI
THEIICE SOUTH "'U'U" EAST 32.09 rEETI '
THEIICI NO~TH 88'18'02" EAST 83.44 'EETI
THINCE NORTH S8'14'30" lAST Dl.88 rBETI
THENCI 10UTH 811'30'44" EAST 8'." FIETI
THINCE 10UTH 84'05'14"' IAST.l00.S' FlIT.
THEIICE 10UTH 14',.'14" EAST 100.18 rUTI
THENCE NORTH 8B'II'SI" EAST 100.12 FEETI
THENCE 'OUTH 89'U'18" BAST 100.01 FlITI
THENCE NOkTH.8S'IB'3D" EAST 100.10 PlETI
THENCE,SOUTH 81'4B'OO" EAST 100.01 rEITI
THENCI SOUTH 81'11'.0" EAST 111.81 'lET'
THEIICB !fORTlI 00'21 '38" EAST ALONa TilE EASTBRLY LI!fE AIID THE
SOUTHERLY PkOLONCATIOII TlllREor, or PARCEL 1 DISCkJ8ED ABOVE 80.84
FBET TO AN ANGLE POINT IN THB SOUTHERLY LINE or lAID PARCEL 1 I
THENCE SOUTII SB'18'45" EAST ALONG SAID SOUTHERLY LINE 208.11 FEET
TO AN AIIGLE POIIIT IN IAID 10UTHlkLY LINE, THENCE SOUTH 00'll'S8"
IIIIT ALONG THI IIISTBRLY LINI OF SAID PAIlCIL 1 AND THE 'OUTHERLY
PROLOIIGATION TH~EOF 108.80 rlIT' "
THINCE SOUTH U 08 'OS" lAST 181... rEITI
THENCE 'OUTH 7S'03'02" BAST 100.24 'EETI
THENCE SOUTH 70'S3'40" EAST 188.3D rlETI
THINCE SOUTH 81'18'87" BAIT 102.3S FlITI
THENCI SOUTH TO'U'l1" lAST 98.88 FlETI
THEIICI SOUTII 89'01'07" lAST 1OS.88 FlETI
THENCI SOUTH n'09'U" lAST 101.10 'U'1'1
THINCI SOUTH 81'2T'18" lAST 102.48 rlETI
TIIINCE 10UTII "'11'38" IAIT 100.TO rllTI
PI I /2.-1
tHENCI 'OUTH 81'33'U. lAST 101.83 FElT,
'.\'IIENCI 'OUTH 83'31'12. EAST 1O!.os nET,
tHlNCI IOUTH 7O'l1'OS. EAST 100.41 FEET,
'.\'IIENCB IOUTH ...u.... EAST 102.12 PIET,
THENCE 10UTH T1'Z1'O'. EAST 'T.10 PIIT,
'.\'IIENCIIOUTII TO'41'81. lAST 100.80 PBBT,
'lIIENCI 'OU'll! TO'U'O.. EAST 110.80 PIET,
'.\'IIENcl 'OUTH 82'48'88. lAST 111... PIET,
'lIIINCB SOUTH 1I'08'SS. lAST lOT.U PIET,
'rIIBNCI NORTH u.u'....IAST 108.11 FBIT,
'J'IIINCE NOATH "''''SO" lAST 101.18 PElT'
'.\'IIENCI lloaTH "'18'08" lAST 101.12 J'IIT,
THENCIIIORTH U'U'U" EAST 108.01 FlIT,
THENCI NORTH U'87'U" EAST 1$.10 nET TO THE IA.STZIUoY LIlli or SAID
IBCTIOII 11 AND THE TIIIMIIIUI or THIS ....SIMENT.
A-2
. ..... - -. .. --- ..--- -- ---..
"
.AID PAllCEL CONTAINI 1.70 ACIIIUOIII 011 LI.,.
PAIICIL., (TDlPOIlARY CONSTRUCTION .....EMENT)
A '1'DlPOnARY BASIMENT rOR CONSTRUCTION PURPOSIS OVER A ITIIIP OF LAND
10.00 FElT I" "IDTH LYlNO SOUTIIIRLY OF AND ADJACENT TO AND PAIIALLEL
WITH THI IOUTHERLY LINE or PAIICEL,I DESCRIBED ABOVI.
THE TERMINATION DATE FOR TIllS TEMPORARY CONSTRUCTION EASIMENT 'BALL
BI .0 DAYS AFTER THE rILINO OF Till KOTICE OF COMPLUIOII OF
CONSTRUCTION.
ATTACHED HERETO AND MADI A PAIIT OF THIS LEQAL DESCRIPTION IS A. PLAT
LABILID txHIBIT "B".
. THIS LIGAL DESCRIPfION AIID PLAT WEIll PRlPAIIID IY III OR WDER IIY
IIJIICTJON.
ce~~~~
P.L.'. 1817
w:.::
lz"
~~
I:
( m INn ~,wHS 33$
s:. lQLyn .
t- ~
-
CD
-
:I: I
x .
w
.....:,..
."-"
_......~
---.
.....~f ~
B-2
~mB ..,
i b
;B ~ -
s I!s i
. o.;lI!l!i ~ I Ii
. , Iii
t5~fj
0 6 >' i
~ ~
.
It
i
.
cS
.Ii i
.In
p~1
.~
~~I
I III
::: g
.2' Ii
III:
.oo;-.L :I1YD1I
JZL-
~~ ~
i ~ SIn ;0: SE!~
~~~~ It ~ ffiJ. ~
r'o~~ cD m&~ f
, IX) ;i! s: z
~,... !I: 0:
,... 1- <.
...
::=0)
.""
z.
o
~~
"CD
,...
.
I
.
-.;::. -
" ; loim Aim~
, .
,Ol'un
_~ 3 ronDo N
,~
~ ,Ulil
,"
..
w 1}}1
\t MI c:
~1Io
,;ii
99~5~ ~ i;: ! ~~!'
"
.n'IU J .~,~OO "
II 'OK IN/1 oI.'1II1IS'tJ
I: ~ -I'
CD ~i
I:
t- i ~
-
."':. (D ~5i
. . -
:J:
X
U.I
~
~tl~
mi
!~z
-= ~
.\
IN/1
:pf-/P
IIOJ.vn
I')
i I!I
~ I!s N
:; ~ j
:s 12
5 I !
i5 ~ f,j
~ ~ i
c ~ I!!
6 :!
-
1! I
Ir
P~I
ii"
.5 PI
i)
J.~
o GI
.L B
i~
II::
i I
II!
~
~B
~
.. D..!
i ~.
· '~i
j D
'.
";.'.~'.
.,....
B-2
JZ1=-
.. .
. ~
SCQ
..J
~~
ai'
(,~!! -
)I: I J .ot,tt.to H
~ G ~ I '
. 1- ,a F.l91
J i !I HI
h' [ "j rl~
I 1" j dfil
"
i
if
~~
a!
I
. U'!~!m
U IS
'"
. ~ b
< !If I')
t; b I;i
:S:iai
~ i m
"" ..
o tj I1f
~ j i
D :I-
g I!!
iC
1:1
IS
it
]f
pbl
me: !;
~ Jil
i ~
iU
.L =
itR
.1
110111
Ii
D.
A-3
::';;/1-
EXHJBIT "A"
H.G. rENTON IIATo.lAL COMPANY, A CORPO&ATION
THAT PORTION OF THE SOUTHWEST qUARTO. OF THE NORTHWJ:ST QUAItTEa OF
~EC'I'JON 10, TOWNSH[P 18 SOUTH, ltAKGE 1 WBlT, IAN BEItNAItDINO
MEItJDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATI
OF CAL[FORNIA, ACCORDING TO UNITED STATES GOVD.NMENT SUItVEY,
APpaaVID SEPTJ:IIBER II, 1878, DESCltl8ED AS FOLLOWS'
PAltCEL 1 (R[GHT-OF-WAY)
BEG[NNJNG AT A POINT OF JNTERSECT[ON WJTH THE CBNTlaLINI or OTAY
VALLEY aOAD W[TH THI IASTERLY LINI or SlCTION 11, TOWNSHIP 18
SOUTH, MNGE 1 WIST AI IA[D POINT IS IHOIIN OF McoaD or SUItVIY MAP
NO. 10117 ON rILE WITH THE COUNTY aECOkDEa or SAID COUNTYI THENCE
NoaTHERLY ALONG SA[D IASTERLY SlCT[ON L[NE NORTH 0'18'14" lAST 48.17
FIET TO A POINT ON A NON-TANGENT CURVE CONCAVB 100000BAITERLY AND
HAV[NG A RADJUS or 108C.OO rEET, A RADIAL BEAa[NG TO SAID POINT
BEARS NORTH 15'38'11" WESTI THENCE NoaTHEASTEaLY ALONG THE AltC or
SA[D CURVETHROUGII A CENTML ANGLE or "U'&3" A LENGTH or 288.81
rEETI THENCI TANGENT TO SAJD CURVE NORTH 82'38'32" BAST 373.08 rlET
TO THE BEG[NNJNG OF A TANGENT CURVB CONCAVB 10UTHEaLY AND HAVJNG
A RAD[US or 1084.00 rEETI THENCE SOUTHEASTERLY ALONG THE AltC OF
SAID CURVE THROUGII A CENTRAL ANGLE OF 18'41'48" A LENGTH or 874.70
rSETI THENCE TANGENT TO SAID CURVE SOUTH 78'37'42" EAST 14.40 FIET
TO A POINT ON THE EASTERLY L[NE OF THE SOUTHWEST QUARTER or THB
NORTIIWEST QUARTER I THENCE SOUTH 0'13' 08" WEST ALONG SAID EASTERLY
LINE 130.48 rlETI THINCE NORTH 78'37'42" WEST U.84 rlET TO THI
BEGINN[NG OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 1838.00 rllTI THIKCE SOUTHWISTEaLY ALONG THI ARC or SAJD
CURVI THROUGH A CENTRAII ANGLE or 18'43' 48" A LENGTH or 832.88 rEET I
THENCB TANGENT TO SAID CURVS SOUTH 82'38'32" WIST 373.08 PEIT'TO
THE BEGINNING or A TANGENT CURVE CONCAVE SOUTHEASTEaLY AND HAVING
A &ADIUS or 183S.00 rEBTI THENCE SOUTHWESTBaLY ALONG THB AltC or
SAID cuavs THROUGH A CENTRAL ANGLE OF 8'28'20" A LENGTH OF 186.16
rEBTI THENCB TANGENT TO SAID CURVB SOUTH 7C'12'11" WEST 32.20 rEET
TO A POINT [N THE EASTERLY LJNE OF SA[D SBCT[ON 18/ THENCE NORTH
O'28'IC" lAST 8C.4C rEET TO THE POINT OF BEGINNJNG.
IAJD PAltCEL CONTAINS 4.03 ACRES MORE oa LESS.
,PARCBL 2 (SLOPE EASEMENT)
AN EASEMENT FOR SLOPB AND DRAINAGE PURPOSES OVER THAT PORTJON OF
THE SOUTHWEST QUAaTER or THE NORTHWEST QUARTEa OF SECTION 20,
TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDIHO MBRID[AN, IN THE
CITY or CIIULA VISTA, COUNTY or SAN DIEGO, STATE or CALlrORNIA,
ACCORDING TO GGV1!R.KMBNT SURVEY APPROVID SEPTEMBER 11, 1878.
DESC&JBED AS rOLLOWS'
.
.......~.:.F:
SAID PARCEL BEJNG BOUNDED ON THE NORTH BY THE SOUTHEaLY LINE O~
PARCEL 1 AS DESCRIBED ABOVE AND ON THI 10UTH BY THE 'FOLLOWJNG
DBSCRJBED LINB'
BEGJNHJKG AT A POINT or INTERSEcT[ON OF THB CENTERLINE OF MAY
VALLBY ROAD WITH THE EASTERLY LINE or IICTION 11, TOWNSHJP U
SOUTH, RANGB IllEST AS SAID POINT 11 IHOWN ON R.BcoaD or SURVEY MAP
NO. 10127 ON FILE WJTH THE COUNTY RECORDER OF lAID COUNTY, THENCB
SOUTHEau ALONG lAID EASTERLY SECTION LINB SOUTH 0'28' 14" IIEST
107.22 rEITI THENCI HORTH 88'28'31" EAST 21..88 rEETI THENCE NORTH
78'U'as" EAST 141.78 rElTI THENCE NORTH 82 08'00" EAST 128.12 FEETI
THENCE NORTH 81'OS'04" EAST 100." FIlETI THENCE NORTH 85'28'31" EAST
OI.IS FEE'll THENCE NORTH 8C'OI'21" lAST 180.22 rEETI THENCE NORTH
8&"18'08" EIoST ".81 FBETI THBNCB NORTH 88'30'41" EAST 87.74 FEETI
'1'IIENCB SOUTH U'U'03" EAST 88.22 FEETI THENCI SOUTH 82'27'OC" BAST
86.S8 FEET I THENCB SOUTH B6'3S'08" EIoST 83.88 rEETI THINCE SOUTH
82'32'08" EAST ".02 FIITI THIINCI SOUTH 88'18'18" EAlT 7.84 FEET TO
THE EAST LINE OF THE SOUTHWEST qUARTER or THE NORTHWEST QUARTER OF
IECTION 20 AND THE TERM[NUS OF THJI EASIMENT.
lAID PAaCBL CONTAINS 0.71 ACItES MOlt! OR LESS.
. I~-/~
A-3
t
PARCEL a (TEMPOa4aY CONSTaUCTION BASEMENT)
A TEMPOURY BASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP 0' LAND
20.00 FEET IN WIDTH LYING SOUTHERLY OF AND ADJACENT TO AND PARALLEL
WITH THE SOUTHERLY LINE OF PARCEL 2 DESCRIBED ABOVE.
SAID BASEMENT SHALL TEllMINATE WITHIN 80 DAYS APTER THI FILUIG 01'
NOTICE OF COMPLETION 01' CONsnUCTION OF OTAY VALLEY aOAD.
ATTACHED HERBTO AND MADB A PART OF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B".
THIS LEGAL DBSCRIPTION AND PLAT WERI PIlEPAaED 8Y ME OR "NDEa MY
DlaBCTION.
~~
CBCIL -. II.LS
P.L.S. S8
. ... .._-_.......~ .---.
,
JJ/ /Y, 12.J~
- '*'~
. . II ~ ~
I ,
..5 ~ Q.t;j
~. ~~"" ~~
- . i II ~ !
0>
~I ~~
H 1 Ai. If
..,'" ~ ~
,~ '*'~ ~.c o~
. "
A ~
~
0>
'*'~
II '03S INn "'1IIII.IYJ
.znu.
''II 3 .'E,II.OO
CJ.t',tt.OON)
LZIOI IOY III"
-lNnll3LN3~ "110
~
.ocz . .' J'MII
JlI-/'
It d
CDz.... <
o ~
~]: ;nnn~~ n~~
II ~ iJ '-;"';- ',"
La.J J co
u'1"Gt1)
.tL'LU
- ~~I
,.: ~~..c
c]-"c
!~~
:~~
~ it
(3,IZ,ZI.ON)
..
)- 1!5
,c ..
: Iii
A-4
EXHIBIT "A"
H.G. FBNTON MATBRlAL COMPAIIY, A CORPORATIOII AND
MILlOM AIID ILOAN, A CO-.AllTIIIRSHI.
THAT .ORTION or LOT 2 OF SECTION 20, TOWNSHIP 18 SOUTH, RANGE 1
WIST, SAN BlaNARDINO MIRIDIAN, IN THI CITY OF CRULl. VISTA, COUNTY
OF IAN DrEGO, STATE OF CALIFORNIA DESCIUBED AS FOLLOWS I
PARCIL 1 (RIGHT-Or-WAY)
BIGINNING AT A POINT OF INTERSICTJON WITH THE CBIITEaLINI OF OTAY
VALLRY ROAD WITH THB IASTERLY LINB OF SECTION 18, TOWNSHI. 18
SOUTH, RANGI 1 WEST AS SAID 'OINT IS SHOWN or RlCORD OF SURVEY MA'
110. 10127 ON FILE WITH THE COUNTY RICORDER OF SAID COUNTYI THINCE
SOUTHERLY ALONG SAID EASTERLY LINi OF SAlD SBCTION 18 SOUTH
0'21'34" WEST 17.71 FEET TO A .011lT ON THE .ROPOSID IIEW CENTBALINE
OF SAID OTAY VALLEY ROAD AS SHOWII ON .LAIIS FOR WIDENING OF OTAY
VALLEY ROAD 011 FiLl III THE OFFICE OF THE CITY IIIGU'BIR OF THB CITY
OF CRULl. VISTA, THEIICE ALOIIG SAID 'ROPOSED CENTERLIIIE, THI
FOLLOWING COURSES' NORTH 74'12'12" lAST 13.S. rllT TO THI BEGINNING
OF A TANGENT CURVE CONCAVE SOUTHIASTIRLY AND HAVING A RADIUS OF
2000.00 FElT' THINCE NORTHEASTERLY ALONG THB AIIC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF l'U'20" A LENGTH OF 294.871 THENCI
TANGBNT TO SAlD CURVI NORTH 12'38'31" EAST ITS.OI FEET TO THI
BEGINNING OF A TANGENT CURVE CONCAVI SOUTHERLY AND HAYING A RADIUS
OF 2000.00 FEU I THENCI IASTERLY ALONG THI ARC or SAID CURYB
THROUGH A CENTRAL ANGLE or 18'43'48" A LENGTH OF ell3.'18 FEET I
THENCE TANGEIIT TO SAID CURVE SOUTH 'I8'n'n" lAST n.02 FlIT MORI
OF LISS TO A POINT ON THI WEST LJNE OF SAID LOT 2 OF SECTION 201
THENCB DBPARTING PROM SAID PROPOSED CBNTBR LINB or OTAY YALLEY ROAD
AND ALONG THE WESTERLY LIIIE OF SAID LOT 2 OF SICTIOII 20, NORTH
0'13' oe" BAST (RECORD NORTH 0'12' U" lAST 'Ea RECOJU) OF SURVIY 110.
B84e) 1&.B5 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE
:~~T~~Ys ~~l:U:og:H T:~~OC,13ROT"A~~S~0~~~~ O~H~~~TO~~E~~~D T~~EI~~~:~
OF BEGINNING OF THII DESCRIPTIONI THENCB ALONG THI BOUNDARY LINI
OF SAID RECORD OF SURVEY NO. 8846 THB FOLLOWING COURSES, SOUTH
80'00'39" lAST 180.78 FIlET (RECORD 200.00 FEITh THENCI SOUTH
81'S.'08" EAST 38&.00 FEETI THBNCB SOUTH 78'28'08" EAST 160.00 FIBTI
THENCB SOUTH 83'55'08" lAST 301.81 PEETI THBNCE SOUTH 0'07'38" EAST
107',011 FEET TO A POlllT ON A NON-TANGENT CURVI CONCAYE NORTHIASTIRLY
AND HAVING A'RADIUS OF 2084.00 FEET, A RADIAL BlARING TO SAID POINT
,BEAU SOUTH 2'3&' 21" WEST I THENCEDEPAIITING SAID BOUNDARY LINI or
RECORD OF SURYBY MAP NO. 8848 AND NORTHWISTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 8'48'81" A LINGTH OF 318.32
FIlET! THENCE TANGENT TO SAID CURYE NORTH U'37'n" WEST 7U.I0 FEBT
TO A POINT ON THB WEST LINB OF SAID LOT 21 THINCE ALONG SAID WEST
LINB OF LOT 2 NORTH O'IS'O." lAST SO.8S FEBT TO THI TRUB .011lT OF
BIGUINING.
SAID .ARCIL CONTAINS 1.34 AtaBS MORI OR LISS.
PARCIL 2 (SLOPI BASEMENT)
AN IASEMENT FOR SLOPB AND DRAINAGE 'URPOSEs OYER THAT .ORTION OF
LOT I OF SECTION to, TOKNSHIP 18S0I1TH, UNGE 1 WIST, SAN
BERNAIIDINO MERIDIAN, IN THI CITY OF CRULl. VISTA, COUNTY OF IAN
DIIGO, STATI OF CALIFORNIA DBSCRIBID AS FOLLOWS.
SAID BASEMENT BEING BOUNDED ON THI NORTH BY THI SOUTHERLY LINI or
PARCBL 1 AS DISCRIBED ABOVE AND ON THE SOUTH BY THB FOLLOWING
DISCJUBED LINI.
BBGINNING AT A POINT ON THE AFOREMENTIONED WEST LINE or SAID LOT
2 or SBCTION 10 DISTANT SOUTH O'la'OS" WEST 100.0S FElT FROM THB
A-4
AFOIUlMENTIONED INTERSECTION OF lAID WEST LINB AND WBSTERLY TBRMUIUS
OF THB lIOItTHBllLY LllIlI: OF nCOllD OF SUllVEY MAP 1t48 AS DESClllBED .IN
P""CIL 1 ABOVE I THINCE SOUTH 88' 59 '10" EAST U. 11 rEBT, THINCI
10UTH U'38'n" EAST 118.31 FEET, THENCE SOUTH 81'18'18" lAST 87.n
rBBT, THENCE SOUTH 17'40'13" BAST 101.44 FEET' THINCB SOUTH
18'18'18" BAST 113.14 FBETI THENCI SOUTH 80'3Z'48" BAST 18T.3Z FBBTI
THERCB SOUTH T8'OO'32" BAST 108.3& FBETt THENCB SOUTH 18'14'41" BAST
10T.81 FBBTt THINCI NOllTH 88'18'43" EAST 108.88 rBET, THENCE 10UTH
86'&8'08" BAST 31.43 rEET, TO A POINT ON THAT CERTAIN LINE OF
alCOllD OF SUllVEY NO. 8848 HAVlNO 10. COURSI OF SOUTH OO'OT '39" BAST
811.10 FEBT, SAID POINT BEING THI TERMINUS or THII BAIIMINT.
lAID PAltCIL CONTAINS 0.81 ACltE8 MoaE OF LESI.
P""CEL a ( TIMPOBAltY CONSTRUCTION BASIMERT)
A TBMPOItARY BA8EMENT FOIt COIISTItUCTION PURPOSEI 10.00 FEET IN WIDTH
LYING SOUTHEltLY OF AND Io.D~ACENT '1'0 AND PAllALLBL WITH THE SOUTHERLY
LINB OF PAllCEL I AS DBSCRIBID ABOVE.
ATTACUED HEltETO AIID MADE A PAllT OF THII LEGAL DB8CRIPTION IS A PLAT
LABBLBD EXHIBIT "B".
THIS LEGAL DBSCltJPTJON AIID PLAT WEltE PUPAnD BY ME OR UNDEIt MY
DIIlECTION.
/? ~~'-
CECIL a.v RYAL
P.L.I. aUT
........
ftl"
N
2 i ~ ~
I~ ~ P
~ ! I ~
· ~f 5!1
.. I . 0
~..,lN311:3HH~lJ~S CJ.II~~D! ~
~ _ _ -;tr'~.ID.rl.DD..!L- _ ~
$t
<- CD II
It ~
f- ~ nn
-
CD
Q:: ..........
- a D
:I:
X
L.&J
"u..
u . ". _..._...._..__.
(
.'j"."
.".I!..,.
(
,
,
I' ':lIS ~'IIIILIYI " ,
--~_-3....~
. :I .tI:,R.OO N
(J.Lt.R.DDN) . i
. ~~r.1 .
I I I ~...
i J ~ I::- ::I~
M JJ! t? i ~I
JZ"'/'1
. 'UIOZstl)
~ -,,-nQ
,- "."Est
I
I
I
II
p
I
I
.',
!I
-I
I
I
I
Ie:- .....arlit .01""1
(.IL'stI:I)
~
I
~A
(96)
~~
~~
y
'%
.0'>
o~
..
~
~
8-4
I
I
I
II
I
I
~o I
'$0 ~.
1I1I
,.
I
. ,
I
~
?
--
8-4
N
~ ~ ~
< ..
~~ i e .
I
g I ~
1! ;u
<10
G ..
I!!
'<
\\
\
I'll'
..
"I 'tOt
i
~.
~ tI O'~
~ ~Ii
~ >. ~ ~. ~191!
~ I ~ ~ ~i i~ ~ .
as . I ~~~ 111:i~ .o,~
:E ... i} i i ~i ~ ~ 1./r,/l.I1lN
X ~ '... ..~! me ~ ~ ~ ~
LU !J ~ It ~~ ~ ~ o~
... G; ~ ~ cP.e.
~ -<0 ~ v
IlJ "> L 133HS
33S 3NnHOl V.-.
. .
::'/:fl
-.... . ..........-..
,eo,." J .eo.nOll "
(tN' '1'0'11 !lid J .II,CLO 10
J
.
.
...
JEL-
d
.. I
In
r~'
~j!
~~I
o III
.L II
iN
It:
t
~ .
~~
i~
~ .
;~':
D'
C-1
BEFORE THE CITY COUNCIL OF THE
CITY OF CHULA VISTA
RE: PROPOSED OTAY VAlLEY ROAD WIDENING PROmer
FINDINGS OF FACT
I. DESCRIPTION OF PROJECT
Otay Valley Road is proposed by the City to be widened from Interstate Highway 805
(I-805) to the eastern City boundary. This portion of Otay Valley Road is approximately
8,800 feet in length and crosses lands within the City of Chula Vista's Otay Valley Road
Redevelopment Project Area. Otay Valley Road is presently two lanes for most of its
length, and increases in width to three and four lanes west of Brandywine Avenue and
Oleander Avenue, respectively. The proposed project is to widen Otay valley Road to
a six-lane prime arterial within a 128 foot right-of-way. The roadway will have a design
speed of 55 miles per hour. Project elements include a 16-foot landscaped median, six
12-foot driving lanes, two 8-foot emergency parking lanes, and 12 feet behind each
shoulder curb for sidewalks, landscaping and utilities. The proposed widening is
consistent with the City's General Plan and Otay Valley Road Redevelopment Plan.
The proposed widening will occur in two phases. Otay Valley Road widening from 1-805
to Nirvana Avenue will occur during Phase I, and is anticipated to begin in 1992. Phase
n will include the remainder of the road east of N'uvana, and is anticipated to be
constructed within five years of Phase I completion. Financing for the proposed project
will be funded by the formation of an Assessment District. Thus, approval of the
Assessment District is the financial method to implement the proposed project.
n. ADMINISTRATIVE RECORD
For purposes of CEQA and the findings set forth below, the administrative record of theCity Council decision on this project shall consist of the following:
1. The Draft and Final EIR for the project;
2.
All reports, memoranda, maps, letters and other planning documents prepared by
the environmental consultant and the City, that are not privileged under the Public
Records Act or any other relevant statutes;
...
"
3. All documents submitted by members of the public, and public agencies in
connection with the proposed project;
4. Minutes and verbatim transcripts of all workshops, public meetings and public
hearings held by the City and Redevelopment Agency;
-1-
5. Any documentary or other evidence submitted at workshops, public meetings and
public hearings; and
.
6. Matter of common knowledge to the City, which it considers, including but not
limited to, the following:
a. Chula VISta General Plan - 2010
b. Chula Vista Zoning Ordinance
c. Chula Vista Otay Valley Road Redevelopment Plan
d. Chula Vista Otay Valley Road Redevelopment Project Area Implemen-
tation P1anIDesign Manual Addendum
e. Chula Vista ThresholdlStandards.Policy
f. Otay River Valley Redevelopment Area Sensitive Biological Resources
and Wetlands Delineation (1981).
m. TERMINOLOGYITHE PURPOSE OF FINDINGS UNDER CEQA
Section 15091 of the CEQA Guidelines requires that, for each significant environmental
effect identified in an BIR for a proposed project, the approving agency must issue a
written finding reaching one or more of the three allowable conclusions. The first is that
W(c]hanges or alterations have been required in, or incoxporated into, the project which
mJ1 or substantiallY knm the significant environmental effect as identified in the final
BIR. W (Emphasis added.) The second potential finding is that W(s]uch changes or
alterations are within the responsibility and jurisdiction of another public agency and not
the agency making the finding. Such changes have been adopted by such other agency
or can and should be adopted by such other agency. W The third permissible conclusion
is that (s]pecific economic, social or other considerations make infeasible the mitigation
measures or project alternative identified in the final BIR.
...
",
As regards the first of the three potential findings, the CEQA Guidelines do not define
the difference between wavoidingW a significant environmental effect and merely
wsubstantially lesseningW such an effect. The meaning of these terms therefore must be
gleaned from other contexts in which they are used. Public Reso~ code section
21081, on which CEQA Guidelines section 15091 is based, uses the term wmitigatew
rather than wsubstantially lessen. W The CEQA Guidelines therefore equate wmitigatingW
with wsubstantially lessening. W Such an understanding of the statutory term is consistent
with Public Resources Code section 21001, which declares the Legislature's policy
disfavoring the approval of projects with significant environmental effects where there
are feasible mitigation measures or alternatives that could wavoid or substantially lessenw
such significant effects.
For puxposes of these findings, the term wavoidw will refer to the ability of one or more
mitigation measures to reduce an otherwise significant effect to a less-than-si~ificant .
~. In contrast, the term wsubstantially lessenw will refer to the ability of such measure
or measures to substantially reduce the severity of a significant effect, but not to reduce
effect to a level of insignificance. Although CEQA Guidelines section 15019 requires
only that approving agencies specify that a particular significant effect is Wavoid(ed] S!I
-2-
,;r:.l()
/2-
substantially lessen[ed] , " these findings, for purposes of clarity, in each case will specify
whether the effect in question has been fully avoided (and thus reduced to a level of
insignificance) or has simply been substantially lessened (and thus Te-m"in~ significant).
Moreover, although Section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "potentially significant," these
findings will nevertheless fully account for all such effects identified in the Final EIR.
IV. LEGAL EFFECI' OF FINDINGS
To the extent that these findings conclude that various proposed mitigation measures
outlined in the Final EIR are feasible and have not been modified, superseded or
withdrawn, the City of Chula Vista (City) hereby binds itself and any other responsible
parties to implement those measures. These findings, in other words, are not merely
informational or hortatory, but constitute a binding set of obligations that will come into
effect when the City adopts a resolution approving the project.
V. MITIGATION MONITORING PROGRAM
As required by the Public Resources Code section 21081.6, the City Council of the City
of Chula Vista, in adopting these findings, also adopts a mitigation monitoring and
reporting program. The program is designed to ensure that, during project
implementation, the City and other responsible parties comply with the feasible mitigation
measures. That program is described in the document entitled, Otay Valley Road
Widening Project Mitigation Monitoring and Reporting Program.
VI. POTENTIALLY SIGNIFICANT EFFECTS AND MITIGATION MEASURES
The Final EIR identified a number of potentially significant environmental effects (or
"impacts") that the Otay Valley Road widening would cause, all of which could be
avoided through the adoption of feasible mitigation measures. These impacts are restated
below, followed by page numbers in the Final EIR where the impacts are discussed.
A. Geologic and soils impacts could occur from development of the roadway on the
unstable river wash, stream sediments and clay loams found in the area (FEIR,
p. 3-7).
B.
The project will result in the loss of 1.2 acres of Diegan Sage Scrub, 2.6 acres
of TamarlsklMulefat Scrubland, 0.2 acre of Willow Riparian Woodland, and 0.2
acre of Freshwater Marsh. Construction activities would impact 1.1 acres of
TamarisklMulefat Scrubland and 0.2 acre Diegan Sage Scrub (FEIR, p. 3-26 to
3-27).
...
"1,
C. The road widening would conflict with the existing administration, workroom and
parking facilities of the City of Chula VlSIa Animal Shelter (FEIR, p. 3-38).
-3-
Pf,):t-
IZ-Z/
D. The proposed project will accommodate traffic volumes that are expected to occur
along the widened roadway due to long term development and population growth
in the - region. Congestion at roadway intersections is expected, including
Oleander Avenue, Brandywine Avenue, Nuvana Avenue, Maxwell Road, and at
both the northbound and southbound on-ramps to 1-805 (FEIR, p. 348 to 3-53).
. E. Traffic congestion and hazards could result at the intersection of Otay Valley
Road and the Nelson" Sloan Rock PJant until the full widening of Otay Valley
Road occurs and the intersection with Paseo Ranchero is constructed (FEIR
p. 3-52 to 3-53).
F. Paleontological resources may occur in the project area and could be impacted by
roadway development (FEIR, p.3-64).
G. Increases in noise levels from increased traffic along the roadway are projected
to exceed City guidelines for noise exposure (FEIR, p. 3-79 to 3-80).
The sub-sections below restate the above-identified impacts and set forth the mitigation
measures adopted to avoid the impacts.
A. GEOLOGY/SOn.s
Potentially Significant Effect: Geologic and soils impacts could occur from
development of the roadway on the unstable river wash, stream sediments and
clay loams found in the area (FEIR, p. 3-7).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The fonowing mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-8 to 3-9).
1. Unstable geology/soils materials will be removed or stabilized before
roadway construction begins. Surficial layers of organic soils, debris and
soft or loose deposits will be stripped from areas where Jill will be placed.
...
"~
Compressive soils will be removed and replaced with properly compacted
Jill. Expansive soils will be buried deep in fills and not within the
roadway section;
3. All slopes will be constructed at a minimum slope of 2.0 horizontal feet
to 1.0 vertical feet. Temporary chain link debris fences, with meshes of
1 to 1-1/2 inch square, will be installed with a geofabric material along
the bottom 18-24 inches of the fence to control silting in sensitive wetland
areas which could result from sediments in runoff.
2.
-4-
~-21
1'-
B. BIOLOGY
Potentially Significant Effect: The project will result in the loss of 1.2 acres of
Diegan Sage Scrub, 2.6 acres ofTamarisklMulefat Scrubland, 0.2 acre of Willow
Riparian Wnntll"nd, and 0.2 acre of Freshwater Marsh. Construction activities
would impact 1.1 acres of TamarisklMulefat Scrubland and 0.2 acre Diegan Sage
Scrub (FEIR, p. 3-26 to 3-27).
Finding: Changes or alterations have been Iequired in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been Iequired either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-28).
1. Losses of wetland habitats will include TamarisklMulefat Scrubland,
Willow Riparian Woodl;lftd, and Freshwater Marsh totalling 3.0 acres,
and will be mitigated by the creation of new wetland areas within the river
valley. Any such mitigation will include extensive revegetation with
willow woodland and the use of San Diego marsh-c1der to maximize value
to wildlife and mitigate for the loss to this sensitive plant species.
Mitigation will be at a 2: 1 acreage replacement ratio for wetlands lost.
2. The roadsides adjacent to native vegetation communities cast of Nirvana
Avenue will be designed in a manner that would preclude the potential for
vehicle access or illegal dumping into the river bottom or onto the slopes.
Incorporation of guard rails or fences would be appropriate. Use of
thorny vegetation may also be used in conjunction with temporary fences.
3. The roadway slopes will be revegetated with native plant materials
indigenous to the area or which complement the existing native
communities, such as sage scrub or sycamore woodland species.
4.
Where construction activities arc to occur in or adjacent to native
vegetational communities, work will be restricted to the delineated project
footprint by the placement of temporary construction fences or flagging
along both sides of the street. 'Ibis measure is incorporated in the project
description.
..Ii
",
S. If work site brushing occurs between April 1 and September IS, the
project site will be carefully e7"mined by a qualified biologist prior to
clearing. Should the site be found to support nesting birds including Least
Bell's Vireo, Willow Flycatcher, or Yellow-breasted Chat, work within
300 feet of the nest site will be delayed until nesting has been completed.
-s-
~
12-,23
6. Following construction, the 2G-foot wide construction corridor will be
recontoured to natural or lower levels and revegetated with native
vegetation favoring Willow and Mulefat Riparian Scrub with minor
elements of Diegan Sage Scrub.
These measures are consistent with the requirements and conditions of the U.S.
A;rmy Corps of Engineers 404 permit for this project, which are hereby
incorporated by reference, and attached as Attot'hment . A . .
C. LAND USE
Potentially Significant Effect: The road widening would conflict with the existing
administration, workroom and parking facilities of the City of Chula Vista Animal
Shelter (FEIR, p. 3-38).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-39).
1. Impacts to the City's Animal Shelter will be mitigated through the
redesign of the site and relocation of parking, workroom and
administration facilities to the southern part of the property.
D. TRAFFIC
Potentially Significant Effect: The proposed project will accommodate increased
volumes which are expected to occur along the widened roadway due to long term
development and population growth in the region. Congestion at roadway
intersections is expected, including Oleander Avenue, Brandywine Avenue,
Nirvana Avenue, Maxwell Road, and at both the northbound and. southbound
on-ramps to 1-805 (FEIR, p. 3-48 to 3-53).
....
"
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The fonowing mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through th~ findings (FEIR, p. 3-53 to 3-54).
1. Signals will be installed as the City Engineer determines is appropriate in
order to meet the City's Traffic Threshold Standard.
-6-
Pr.l,/
/';-
2. Maxwell Road will be restriped to provide a southbound left turn-lane at
its intersection with Otay Valley Road.
3. As required in the Mitigation Monitoring Progmn, traffic conditions will
be monitored by the City's Traffic Engineer to implement improvements
at the appropriate time.
Potentially Significant Effect: Traffic congestion and hazards could result at the
intersection of Otay Valley Road and the Nelson" Sloan Rock Plant until the full
widening of Otay Valley Road occurs and the intersection with Paseo Ranchero
is constructed (FEIR p. 3-52 to 3-53).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-54).
1. As an interim measure, roadway improvements at this intersection shall
be completed as part of Phase I.
E. PALEONTOLOGY
Potentially Significant Effect: Paleontological resources may occur in the project
area and could be impacted by roadway development (FEIR, p.3-64).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measure: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-65).
1.
A qualified paleontologist will be at the pre-grade meeting to consult with
the grading and excavation contractors.
..-
00"\
2.
.
A paleontology monitor will be on site at all times during the cutting of
previously undisturbed sediments through and immediately adjacent to the
Mission Valley formation to inspect cuts for contained fossils. In the
event that well-preserved fossils are discovered, the paleontological
monitor will be allowed to temporarily direct, divert or halt grading to
allow recovery of fossil remains in a timely fashion. Any fossil JP.mllin.
collected will be cataloged and deposited (with landowner's permission)
at the San Diego Natural mstory Museum.
-7-
PI L'
-~
J2-25
F. NOISE
Potentially Significant Effect: Increases in noise levels from increased traffic
along the roadway (stated to occur with or without the project) are projected to
exceed City guidelines for noise exposure (FEIR, p. 3-79 to 3-80):
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measure: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-81).
1. A perimeter masonry wall, six feet high, will be installed at the back lot
line of some residences backing up to Otay Valley Road. The wall will
be at the top of the slope, to utilize slope height to increase the line of
sight break between traffic and rear yard receiver locations. (It should be
noted that a large percentage of the noise at the west end of the project
area comes from I-80S.)
G. . CUMULATIVE EFFECI'S
The Cumulative Impacts analysis was based on the list of proposed and planned
projects in the area, shown on Table 2.4-1 in the FEIR, and also on the
Cumulative Impacts analysis contained in the General Plan Update FEIR (since
the project is shown in the General Plan). In summary, cumulative impacts
would occur in the issue areas of flooding downstream, biological resources,
agricultural lands, traffic circulation, and noise. With the exception of
agricultural lands, the project's contribution to cumulative impacts have been
mitigated to a level below significance either through project mitigation measures,
or through adherence to standard City engineering and building requirements.
Regarding agricultural lands, the FEIR states that the project area is not primarily
agriculturally oriented, with prevailing uses being Iesidential and light industrial,
and that loss of this acreage (3.9 acres) to the roadway does not create a project
significant impact.
vn. INFEASffiILJTY OF ALTERNATIVES OU:iliK THAN THE PROJECT
ALTERNATIVE
..it
.....
The selection of project alternatives was based on CEQA's requirement of analysis of the No
Project Alternative, the General Plan description of roadway location, and a site constraints
analysis performed for this project (Otay River Valley Redevelopment Area Sensitive Biological
Resources and Wetlands Delineation [Michael Brandman Associates, 1987]). Three different
alternative alignments were evaluated subsequent to completion of this study before the proposed
alignment was chosen.
-8-
)Jf-~~
1'1-
The proposed project will not result in significant adverse impacts if all recommended mitigation
measures are implemented. Because the project's impacts have been mitigated below a level of
significance an analysis of the alternatives is not technically required. However, the
decisionm~1<P'TS, after IeViewing the EIR and in approving the project specifically reject the No
Project Alternative and the other alternatives for the following reasons: .
No Proiect Alternative
The No Project Alternative consists of no action taken by the City of Chula Vista to construct
or implement the proposed project or either of the project alternatives. This alternative would
discourage future infill industrial growth along Otay Valley Road and inhibit economic growth
in the Otay Valley Road Redevelopment Area. This is contrary to the goals of the Chula VISta
Redevelopment Agency as set forth in the Otay Valley Road Redevelopment Plan. The plan
specifically calls for the correction of problems Jelative to circulation, infrastructure, and public
utility inadequacies. The No Action Alternative would also be inconsistent with the City of
Chula Vista's Draft General Plan Circulation Element roadway designation for Otay Valley
Road, which calls for a six lane prime arterial and major street standards for Otay Valley Road.
In addition, if this alternative is selected, the lack of capacity and low level of service on Otay
Valley Road could constrain future developments north, south, and east of the project. Future
development proposals that would contribute traffic to Otay Valley Road, or require the
extension of utility services along the roadway, would be affected most.
Locational Alternative 1
Locational Alternative I is the same as the project with the exception that the six lane roadway
would be reduced to a four lane roadway east of Nuvana. The right-of-way would thus be
decreased from 128 feet to either 100 feet or 84 feet (depending on design). The environmental
consequences of constructing Locational Alternative I would be identical or very similar to the
proposed project with respect to geology and soils, landform, land use, agriculture, aesthetics,
cultural and paleontological resources, and park, recreation and open space. The differences in
environmental impacts between Locational Alternative 1 and the proposed project are primarily
to biological resources and to traffic conditions.
BiolQey
-'"\
This alternative reduces the right-of-way from 128 feet to 100 feet east of Nuvana
Avenue while retaining the same general road alignment as the proposed project.
Impacts of this alternative would generally parallel those of the proposed project with
only a slight reduction in magnitude. Loss of wetlands would total approrim~t..ly 1.23
acres with proportionally fewer San Diego Marsh-Elder impacted.
Loss of habitat for riparian bird species would still be considered significant. Reducing
the right-of-way to 84 feet would lower the wetland impacts to 0.60 acre, still resulting
in significant adverse wetlands impacts. Under 'either the proposed project or the reduced
widths of the locational Alternative I, wetland impacts and impacts to the sensitive San
Diego Marsh-Elder are considered significant but mitigable through creation of replace-
ment wetland habitats including the heavy uti1izati.on of marsh elder in the plantings.
..Ii
-9-
JJI .,t 7
/2..2'1
.'
Traffic
The City's recommended maximum traffic volume for a four lane major street is 30,000
VPD. The General Plan forecast volume at build-out is 26,000 VPD east of Nirvana
Avenue, thus the alternative of a four lane classification would seemingly be adequate.
Such a classification would require an amendment of the General Plan Circulation
Element. However, the roadway was not designed to be four lanes in this location
because of traffic circulation considerations. This segment of roadway is located between
Paseo Ranchero, which is planned as a six lane facility, and the rest of OIay Valley Road
to the west, which also requires six lanes. The volumes of traffic entering the OIay
Valley RoadIPaseo Ranchero intersection are projected to be 76,000 ADT. Thus, the six
lane width along this segment of OIay Valley Road is n~ssQ'Y in order to provide
sufficient capacity entering and exiting the intersection. Also, a short four lane segment
of road between six lane roads on either side could create congestion and hazardous
conditions.
Locational Alternative 2
The environmental consequences of constructing Locational Alternative 2 would be the same as
the proposed project and Locational Alternative 1 with respect to land use, agriculture, and
parks, recreation and open space. Environmental. impact differences between Locational
Alternative 2 and the proposed project are identified for traffic conditions, biological resources,
cultural resources, geology and soils, and landform and aesthetics, as well as traffic. Impacts
to transportation are the same for Locational Alternative 2 as described above for Locational
Alternative 1. Overall, impacts on the remaining natural, cultural, and scenic resources would
be greater from Locational Alternative 2 than from the proposed project.
Biology
....
""'\
Under this alternative all direct adverse impacts to the wetland habitats would be
eliminated. Due to the extensive slope cutting required, however, an extensive loss of
quality Diegan Sage Scrub habitat and a wide array of sensitive plans and animals
occurring on these hillsides would be severely impacted by this proposed alternative.
The biological impacts of this loss would be significant.
The only known large population of Greene's Ground CherI)' would be lost. Such a loss
is considered unmitigable. Also eliminated would be the dense stands of Coast Cholla
and the Fishhook Cactus population. The latter occurs in densities seldom seen in San
Diego County; moreover, the average size of specimens far surpasses other known
substantial populations. Also heavily impacted would be the State-listed endangered OIay
Tarwee population, along with significant colonies of Coast Barrel Cactus and
Cleveland's Golden Stars.
One pair of California Gnatcatchers would probably be lost from the slopes under this
alternative. The Orange-throated Whiptail population would also be impacted. The
Diegan Sage Scrub slopes which would be impacted are considered excellent gnatcatcher
habitat.
-10-
.;ef.2r
/Z,
Cultural Resources
Locational Alternative 2 would impact all of the cultural resource sites that will be
affected by the proposed project, and would additionally impact another potentially
significant site. Thus, Locational Alternative 2 is less prefem:d for cultural resources
than the proposed project.
Geoloe;y and Soi1s
Locational Alternative 2 would require cutting into the steep hillsides located in the
northeastern section of the project area. Soil conditions in this area consist of terrace
escaJpments and are' considered to be unstable due to the presence of cobble strata.
Consequently, greater maximum slope ratios could be required (e.g., 4:1) thereby
increasing even further the amount of Jand disturbed. In addition, retaining walls, with
a maximum height of 20 feet, would most likely be required as mitigation. In ptmm"ry,
Locational Alternative 2 is less preferred than the proposed project with respect to
geotechnical and soils constraints.
, ~ndforml Aesthetics
Locational Alternative 2 would also result in significant Jandform impacts. This
Alternative would result in major Jandform alteration due to the amount of cutting that
would be required to achieve 2: 1 or 4: 1 slope ratios. Cut slopes would be required north
of the roadway for approximately one-half mile in the northeastern part of the project
area. Maximum height of cut slopes would be approximately 6S feet. Landform
modifications in this area would have significantly adverse impacts on Jandscape
aesthetics since this Alternative wo\lld result in strong visual contrasts with the current
natural hillsides and vegetation cover. Consequently, Locational Alternative 2 is less
preferable than the proposed project with respect to Jandform and aesthetics.
....
",\
-11-
J)I.l1
1")'-~9
C-2
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to CEQA Guidelines Section 15093, the Chula VlSta City Council in approving the
Assessment District which implements the roadway which is the subject of the 'FEIR, having
considered the information contained in the FEIR, and having reviewed the public testimony and
record, makes the following Statement of Overriding Considerations in support of the Findings
and the action of the City Council approving the Assessment District.
AU of the identified potentially significant project impacts have been mitigated to a level less
than significant, as set forth in the Findings. The project also contributes to cumulative impacts.
However, as set forth on page 8, these impacts were deemed to be less than significant. The
City Council finds and concludes that the public benefits of the roadway project would outweigh
any significant and/or cumulative impacts. The City Council has reviewed and considered all
of the alternatives described in the Final EIR. The project selected by the Council was chosen
for two major reasons:
. It is consistent with the General Plan.
. It accommodates projected buildout traffic.
The alternatives were rejected by the Council:
. No PrQject Alternative - because of inconsistency with the General Plan, lack of
roadway capacity for projected traffic volumes, and low level of service that
would result. '
. Locational Alternative No. I - because of inconsistency with the General Plan,
lack of roadway capacity necessary to handle future volumes of traffic utilizing
the Otay Valley RoadIPaseo Ranchero intersection, poor traffic design, and
because this alternative does not reduce any impacts to a level below significant.
. Locational Alternative No.2 - because of equal or greater environmental impacts
associated with this slightly different alignment.
The decisionmakers find that the following factors support the approval' of the Assessment
District which implements the project, and therefore, sets forth and adopts the following
Statement of Overriding Considerations:
""*
''\
1.
The roadway project is consistent with, and thus will fulfill attainment of the General
Plan designation as six lane prime arterial and major street, and the Redevelopment Plan
goal which' calls for the "development of a more efficient and effective circulation
corridor free from hazardous vehicular, pedestrian, and bicycle interfaces."
2.
As set forth in the findings, mitigation measures have been incoIpOrated into the Project
or made binding on the applicant through the adoption of the Findings, which reduce
impacts below a level of significance.
.
-12-
~3(J
/2..
3. Approval of the Assessment District which implements the Project will result in the
following benefits:
. Restoration of approximately 6 acres of wetland within the Otay River flood way
(twice the impacted amount).
. Construction of needed roadway improvements commensurate with General Plan
requirements to serve existing and anticipated development in the area.
. Construction job opportunities in an economy which is currently suffering from
such opportunities.
. Construction of the roadway will permit, support, and help promote the further
industrial development of the Otay Valley area which includes over 200 acres of
undeveloped land zoned for light industrial land use. This will provide numerous
job opportunities in construction, business, and industry.
. Construction of the roadway will improve the public safety and aesthetics in the
area. The current facility is inadequate to support current and anticipated
volumes of traffic, and for most of its length does not include CUIb, gutters, or
sidewalks, has poor road surface conditions, and is visually cluttered with
overhead utility lines.
.....
--"
-13-
~
12-.31
C-3
'OTAY VALLEY ROAD WIDENING PROmer
MITIGATION MONITORING PROGRAM
Monitorinl! Pro~ Descrintion and PuqJOse
Public Resources Code I 21081.6 requires a lead or responsible agency that approves a project
where an Environmental Impact Report (EIR) has identified significant environmental effects,
to adopt a -reporting or monitoring program for adopted or required changes to mitigate or
avoid significant environmental effects. -
The City of Chula VlSta is the lead agency for the Otay Valley Road Widening Project. A Draft
and Final EIR was prepared for this project which addressed potential environmental impacts
and, where appropriate, recommended measures to reduce substantially or avoid the impacts.
A Mitigation Monitoring Program is required to ensure that the adopted measures are
implemented. The City of Chula Vista will adopt this Mitigation Monitoring Program (MMP)
after considering the Final EIR.
Roles and Re$pOnsibilities
The MMP for the proposed project will be in place through both phases of the project, including
final design, pre-grading, construction and operation. The City of Chula Vista has the primary
enforcement role for the implementation of mitigation measures. The City's Environmental
Review Coordinator (ERC) will provide final approval for the completion of the implementation
of measures. The ERC will appoint a Mitigation Compliance Coordinator (MCC) who will be
responsible for the actual monitoring of the implementation of measures. The MCC will
interface with the ERC, the City Engineer, the City Landscape Architect, the Construction
Supervisor, and the Biological Monitor, all who have some responsibility for the implementation
of measures.
Miti~ation Monitorine Procedures
-4
-"
The MMP consists of Mitigation Monitoring Program Procedures, filing requirements, and
reporting and compliance verification. These procedures are outlined below.
Mitigation Monitoring Program Procedures: Table I identifies the procedures of the MMP. For
each mitigation measure, it states the monitoring activity, the timing of implementation of the
measure, and who is responsible for verifying that the measure has been implemented and for
final approval.
Mitigation Monitoring Program Files: Files shall be established to document and retain the
records of the MMP. The files shall be established, organized, and retained by the City of
Chula VlSta Planning Department.
Reporting and Compliance Verification: The City's Mitigation Monitoring Report Forms are
designed to record the monitoring activity in a consistent manner with appropriate approvals.
.
-14-
J1:;k2.
1'-
The fonns will be completed and signed by the individuals responsible for the monitoring and
approval of the measures. These fonns will be placed in the MMP files.
Pro~ram ~rations
~
The following steps shall be followed for implementation, monitoring, and verification of each
mitigation measure:
1. The City of ChuIa Vista, Environmental Review Coordinator (ERC), shall designate a
Mitigation Compliance Coordinator, who will be responsible for monitoring the
implementation of the mitigation measures.
2. The ERC shall provide to the MCC, the Mitigation Monitoring Report Forms; a copy
. of Table 1; and other pertinent information.
3. The MCC shall coordinate the implementation of the mitigation measures and shall
complete a Fonn for each activity, and forward the report to the ERC for final approval.
4. All completed fonns shall then be placed in the MMP files.
,
Mitigation measures shall be implemented as specifie4 by the Mitigation Monitoring Program
Summary. During any project phase, unanticipated circumstances may arise requiring the
refinement or addition of mitigation measures. The ERC, with advise from staff, is responsible
for recommending changes to the mitigation measures, if needed. If mitigation measures are
refmed, the ERC would complete a Mitigation Monitoring Report Fonn documenting the
change, and shall notify the appropriate design, construction, or operations personnel about
refined requirements.
[C:\WP51\OVR.OADIFINDINGS.TX'I]
---
.~
-IS-
~
IZ"03
T 'J
1-1 11
Ha h
m 11
al
h
~I
~JJl f'i
t' s"11 Has
J) -[In !;:{:
I If 1 l'uJfJfi
II I i f'S 1 '5.
in .. t It ]
"Hot I.
I . thin
II
1;1.111 fljU'IJ -
i ~i r
WI'1 'jIll"
.. ..,IOSs
~~ ,Is II'~~~i
~~ Jt!hl .S" '5tf ,.
~!: ['i "f
S<<
~ ! I~jj ~i hji
i' l~ [ 6j"... II
~1J ~ ~f: In ,
IiI ":! ~;lJU H~;II:I~f
l~ '5~'-
II .8 It f IH iH111h
Iii I] :I!!'h .1~ttff'
1.8 o :tl....
;fjt 1; ., .:iHII fUf tfJJ
lp, Ij.8H~f ,
~i{ Iht!!
j ~~ 1,11,111--
t{tj 1 ' .811 11 I 1'" '1
Ii! r'!in
I ht~ M mMld
~htH
~:Jf
. 11..,
8 ffi ffi
J.~ ,I ,I
F 11 f f
II JII! II
ii .a i!
~J ~1 ~1
~. ~s ~i
:11 ! ii~l~
iAf I ~'8 .j'
Ii". , ii~,
i~ ~,I It l;fi
Ii ,1'i1 i1'~ i,l,l,lf
~ ~~
~i :1:1 ~fJ1'i . j~~J
!i "il Ij ~ .]'
~~ Ill.. I hIll :.1 'ia
i 'i I] lp:~ ." 0
~tjl! fIlii iiltl!
11Jlf 1,11 i,lJ_
1iljJf :Ji fll'8it
jJ~itff J!! !Mt
. .j f,l 1'1 ~ PI .J :f!'.I'}
. i ~ ~ I ~'J 'Ii: 1 If
I JJIJ]i fiit ill]'
i fJ~I~~ f~lf 11~11
I h:S~'H ~~,~h
/2.36
:j I'
:1
h
it
.1 s
:Eli!
Ii
~'i
tj~
~1 J
i-~
lis
:sllj
ll~i
~lJ'iiJ ..
lit 'U t
'IJd,lj
ih
i & ~ r J}~ ,.
,~ui j
8 ..~R~
~~~l~'
fmiH
iJ}f1
l!']~~J
i1~~J
<' .1 Iii!
. Jfii1i
I~f' !ftl
lli )1
.I'H~ }
l,1lf>"~
::od ~i
'"
-, -~...~.
m ~ iJ
, .11 t.'
.. i ~J ~
'j J 'j
i i] i
11 i1 11
if H d
;if 1 m
-H 'III J,t~
~ ~ !.{1 I i~-il
~~ IfJ ~ff :1'1
if III ~J ~I 1
Ii
ef ,f'~'I~1 J fJJ:
~ ~I 4~i~[ f ,,{
i!1 i ,(1 Ull I ;t111
~:::Et i11
ii f, f!Ht
~ ~,t II '~I
i "1~1i s~ f
~;~tl~ ~I ~Jj~1
j1l u
:Jfh ii
Ih.t lJI:
fIll f II
. IjI> ~ 111
I fli! ~ II~
j f!4f I ~ J~fl
iE ...u! .I ] ~1
..Pf: 1"
12..
.8
~
I
It
jf
'jf
:!.
J
f:ffi
i'l~f
Idi .
J61]
H"
811J
~HI
.Ii I' U
,I~S- Ft
j t 1 J 8'~
J~ h'i ~,
611,11 i-
6,', f .f
~I!>'IE J
~s~11 l
U6 ~ J I
J'I~I~ 1:1:
~ llJd Ii
'"
..
,
b B ]1
a
.J .J :iI
~ f. I} h
.6 .i 1 :1
.i
h :jJ o.b
it
tt ii
BB BB
~I ~..
~I
in
8'.1 II" If
.J I .1
f ht[ JI~ :1
I It ~.
~
~..Iil .j
~~ it
ff ~nhi I
~~
18 8r -!"B I
:1
i ~; Ifi .111. ..
PI" J k
i~ I 2 ,t t -
I
~2 ,'i Jr "
>'~ .., 'f
~t: Jt=
!5~ 1 ~ LIt f2
i ;.I~l 1" .J .,1
~ilj
"12
~.Jr-! "
~] ~.I
i "J B " 1 B 'p ... H i
h iL .f IfJI.lhn
11
JI~'b z
if . ~~ : >~ t i~
]-I
Bg hi .. .1 "fl .!
J~ 8fzir.' "
t- 11 ~." J.II 11
,d f~1 Ii i"BJ'i i1~
g.ll ill'litH
.J: f~1
iH .p I ~f ~f~I') I
;. ! H .... .Ill
A..l1Bi2
Pl37
J, 'J"f
.II .II
~ i:!
.
!= f f
'i
II 11
t
.III .III
~t ~t
.I
.1 f
t
I )[
~I 1
jj J
j
ff ]1
Ii
'j~ "JI
.,.~
i ~; ..
tit! 1;1 II.
.~
~2
.I'j]
~~ I't ,.
~!: .I 05 ,S .I j
. 'f 'j
!:i~ 111 .I 1 '
i 'I .il ' ~
~;ih ~JI
~h~ ~r
~ffi .lif J~ ]11 1:11 11
jgt
HI H d 1 I' · j I
, .11.11 J
.I t t
~f tl' lUlU
j' ~1 . ['J,t J~' 1 H;&'~: JIf
.;1 i ti it! it .I II .111
.0 .1'1 hI'i II. fit
. f ]Jf
[h.l .e I ~ 1 It 'j "-
'I' U I IJII tf~tU If ~ H
e~'
;t] ~hi} : l~' l!.lu; 'jll fff
. i:i U
..: N '"
fr:JY
~
i~
~~
U
~ ~~
~ ~~
"~
~~
~~
ge
~
00
r.
. l.
'!'
1f1J
J,I~1""
11j-~
Ji f ~~
f 11~ I...
obhl" !
! 111 if I
LPH'J'
12'J9
RESOLUTION NO. I'~ '11
RESOLUTION OF THE CITY OF CHULA VISTA FINDING
AND DETERMINING PUBUC INTEREST AND NECESSITY
FOR ACQUIRING AND AUTHORIZING THE CONDEMNA-
TION OF CERTAIN REAL PROPERTY 'WIUill'lTHE OfAY
VAlLEY ROAD STREET WIDENING PROJECT ALONG
OfAY VAlLEY ROAD BETWEEN INTERSTATE 80S AND
THE EASTERN BOUNDARIES OF THE CITY, IN CHULA
VISTA, CAUFORNIA
WHEREAS, the City of Chula Vista is a chartered municipal COIpOIation of
the State of California ("City"); and,
WHEREAS, in conjunction with its municipal pUIpOse of providing
transportation facilities, the City has resolved to wid~ Otay Valley Road, currently a two
lane asphaltic roadway to a 6 lane prime arterial and major street between I-80s and the
eastern City boundary, and have formed the Otay Valley Road Widening Assessment District
No. 90-2 consisting of various parcels contiguous or proximal thereto and benefitting
therefrom ("Project"), five of which include the parcels ("Properties") which are legally
described in Exhibits A-I through A-4 and diagramatica1ly shown in the corresponding maps
designated as Exhibits B-1 through B-4, all of which are attached hereto and incorporated
herein by reference; and,
WHEREAS, at the regular meeting of the City Council held on May 26, 1992,
the City received substantial and convincing evidence that the public interest and necessity
require the project, and the Proposed Project is planned and located in a manner that will be
most compatible with the greatest public good and the least private injury, and in order to
effectuate the Project, the acquisition of the Properties are nece'''''ry.
WHEREAS, at said meeting, the City received substantial and convincing
evidence that the City engaged in good faith negotiations for the voluntary acquisition of the
Property which efforts included the extension of offers for the acquisition of same at fair
market value, and various meetings with the affected owner and interest holders in the
Property; and,
.
WHEREAS, at said meeting, the City received substantial and convincing
evidence that the acquisition of the Property is for a public use, to wit: the widening of a
transportation facility; and,
ovr-ml. wp
May IS, 1992
;) Reso of Necessity re Road Widening Project
Jk hael
~'~
WHEREAS, the City is authorized to acquire the hereinafter described real
property, or easement interest in real property, pursuant to California Code of Civil
Procedure Sections 1245.210 through 1245.270; and,
WHEREAS, at a regular meeting of the City Council held on April 21, 1992,
("EIR Meeting"), the City Council reviewed and considered the environmental consequences
resulting from the proposed Project all as more fully set forth as the proposed project in the
EIR No. 89-01; and.as a result thereof, the City Council adopted, prior to the adoption of
this Resolution, Resolution No. 16599 at said EIR Meeting, finding that the Environmental
Impact Report was prepared in compliance with CEQA ("Council Certification Resolution");
and,
WHEREAS, the City has considered all of the evidence submitted at the
hearing including the staff report;
NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY
FIND, RESOLVE AND DETERMINE, BY A VOTE OF NOT LESS THAN TWO-
TIIIRDS OF ITS MEMBERS, AS FOLLOWS:
1. Findings Related to Necessity of Project.
a. Public Interest and Necessity Require the Project.
The public interest, convenience and necessity of the City of Chula
Vista, and its residents, require the Proposed Project in order to further the implementation
of the Otay Valley Road Redevelopment Project Area Plan, and provide consistency with the
City of Chula Vista's Updated General Plan.
b. Project Planned and Located for Greatest Public Good and Least
Private Injury.
Natural habitat and terrain concerns along with existing developed
properties are barriers which prohibit the road from being widened in another shape and/or
configuration without unnecessary harm to the public good and undue private injury. The
widening, planned for the south side of the road, is the only viable alternative due to the
existance of existing subdivided and developed property, along with steep and substantial
slopes, along the north side of the road. .
c.
Properties are Necessary for the Project.
ovr-ml. wp
May IS, 1992
Reso of Necessity re Road Widening Project
Page 2
-PI'
- 7117..1/1
The 910pe.ty easements are nett'''!''}' for the project since.they are
located within the proposed right-of-way, slope easements and temporary construction
easements as illustrated in Exhibits B-1 through B-4.
2. Voluntary Offer to Purchase the Plupe.ty Made.
The offer required by Section 7267.2 of the Government Code has been made
to the four (4) owners of record for the acquisition of the required easements to the five (5)
remaining parcels nece'S"'}' for the project.
3. Authority to Proceed in Eminent Domain Granted.
The City of Chula Vista, and all appropriate officers, representatives and
attorneys is hereby authorized and empowered to acquire the easements to said Property by
condemnation in the name of the City of Chula Vista to be used for the municipal purpose of
enhancing a transportation facility, in accordance with the provisions of the Code of Civil
Procedures, and the Constitution of California related to eminent domain, and to that end, it
is authorized and directed to commence and to prosecute an action or actions in eminent
domain for the purpose of acquiring easements to the Property.
4. Retention of Eminent Domain Counsel Authorized.
The City Attorney for the City of Chula Vista, as General Counsel, and the
law firm of Daily & Heft, special attorneys for City are hereby authorized to prepare and
prosecute in the name of the City, such proceeding or proceedings in the proper court having
jurisdiction thereof, as are necessary for such acquisition; and to prepare and file such
pleadings, documents, briefs, and other instruments and to make such arguments and to take
such actions as may be necessary in the opinion of said attorneys to acquire for said City the
said real property. Said attorneys are specifically authorized to take whatever steps and/or
procedures are available to them under the Eminent Domain Law of the State of California
including but not limited to Code of Civil Procedure, Title 7, Chapters 1-12, Sections
1230.010-1273.050).
5. Compliance with CEQA Certified.
In previous proceedings held by the City Council, at the EIR Meeting, the
City Council, reviewed and certified the Final Environmental Impact Report ("FEJR") was
prepared in accordance with CEQA all as more fully set forth in the Council Certification
Resolution.
ovr-rnl. wp
May 15, 1992
Reso of Necessity re Road Widening Project
Page 3
)J{~ r3.-
rz..'/L
6. CEQA Findings
The Council has reviewed and considered the FEIR, No. 89-01, and has fully
considered the environmental effects of the project as shown therein. The City Council
hereby finds as fonows:
a. Adoption of Findings.
The City Council has reviewed, considered, and wholly agrees with the
contents and does hereby approve, accept as its own, incoIpOrate as if set forth in full herein,
and makes each and every one of the CEQA Findings of Fact attached hereto as Exhibit C-1,
except as noted below in subsection (c).
b. Certain Mitigation Measures Feasible and Adopted.
As more funy identified and set forth in Exhibit C-1 attached hereto,
the City hereby finds, pursuant to Public Resources Code Section 21081 and CEQA Guide-
lines Section 15091, that the mitigation measures described in the FEIR as feasible are in fact
found by the City Council to be feasible, and will become binding upon the City.
c. Infeasibility of Alternatives.
As set forth in Exhibit C-1 attached hereto, the City Council hereby
finds that none of the proposed project alternatives set forth in the Final EIR can feasibly and
substantially lessen or avoid the potentially significant adverse cumulative environmental ef-
fects that will not be substantially lessened or avoided by the adoption of all feasible
mitigation measures.
d. Adoption of Mitigation and Monitoring Program.
As required by Public Resources Code section 21081.6, the City hereby
adopts the mitigation monitoring and reporting program ("Program") set forth in Exhibit C-3,
incoIpOrated herein by reference. The City hereby finds the Program is designed to ensure
that, during Project implementation, the Project proponent, and any other responsible parties,
implement the Project components and comply with the feasible mitigation measures
identified in the Exhibit C-3.
ovr-m1. wp
May IS, 1992
Reso of Necessity re Road Widening Project
Page 4
JJI- o/J
12..-~/3
e. Statement of Oveniding Considerations.
Even after the adoption of all feasible mitigation measures and
alternatives, certain significant or potentially significant adverse environmental effects, caused
by the Project will remain. Therefore, the City hereby issues, pursuant to CEQA Guidelines
Section 15093 and as set forth in Exhibit C-2 attached hereto, a statement of oveniding
considerations identifying the specific economic, social, and other considerations that render
that unavoidable significant adverse environmental effect acceptable.
ovr-ml. wp
May 15, 1992
Reso of Necessity re Road Widening Project
Page 5
.
~2.'I4
PASSED AND ADOPTED this _ clay of
the following votes:
", 1992, by
Ayes: ( ) Nader
( ) Moore
( ) Malcolm
( ) Rindone
( ) Grasser-Horton
Noes:
Absent:
Not Voting:
Tim Nader, Mayor
City of Chula Vista, California
Attest:
Beverly Authelet
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA )
I, Beverly Authelet, City Clerk, to the City of Chula Vista, do hereby certify that the above
and foregoing is a full, true and correct copy of Resolution No. _ and the same has not
been amended or repealed.
~U1F"
,1992
Dated:
Beverly Authe1et
City Clerk
Bruce M. Boogaard,
City Attorney
ovr-rnl. wp
May IS, 1992
Reso of Necessity re Road Widening Project
Page 6
JJ/
1:/>;';. .15
.
.
.
THIS PAGB BlANK
.
,
.
.- .
~
.: I'J.. (,.
J/i~N:
I~
OORDON GRAY (1877.1967)
W. P. CAllY (1882.1943)
WALTER AMES (1893.1980)
FRANK A. FRYE (1904-1970)
GRAY, CARY, AMES & FRYE
AiTORNEYS AT LAW R E eEl V E<&iER omcES
401 B STIIEET, SUITE 1700 IN
SAN DIEGO, CALIFORNIA 92101-4297 EL CEN"nO
TELEPHONE (619) 699.2700 '92 I\AY 26 m~~<\NDIDO
FAX (619) 23~I048 LA JOLLA
CHARLES L. DEEM
PARTNER
(619) 699.2978
,,, ""1" ~ .....T.
eny VI" \.,f\U'-K :!'-) ,f',
CITY CLER~'S (kt ICE
May 22, 1992
Via Fax: 476-5310
and U.S. Mail
City Clerk
city of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Notice of Public Hearing
Project # st 123, Otay Valley Road street Widening
PrODertv Acauisition - A.P. No. (624-060-45\
Dear City Clerk:
This is to provide you notice that our firm, which
represents Atomic Investments, Inc., intends to appear at the
public hearing on Tuesday, May 26, 1992, at 6:00 p.m. to discuss
objections to the proposed Resolution of Necessity. Our
objections on behalf of Atomic Investments, Inc. include, among
other things:
1.
the project:
2. The project is not planned or located in a manner
that will be the most compatible with the greatest public good
and the least private injury: and
The public interest and necessity to not require
3. The property sought to be acquired is not
necessary for the project.
very/fUly-yours,
L,I 4d -/Wy~
Charles L. Deem
For
GRAY, CARY, AMES & FRYE
CLD:mh/20253854
cc: Mr. Leonard Teyssier
/1--1/'1
THIS PAGE BLANK
.
)
.
1:z...4~
. -
;/7'- } ;J-
~<hv\
PHONE 16191234-7966
LICENSE 1 69-983
-
O_IC
RECEIVED
11I't2~'pen"'..lnc.
FOUNDED 1 956
CITY CF :> i!c, ',"':'''' ~ 3200 84-2 HIGHLAND A VENUE
CITY CLEF;r '~; 0: ;'IN_~IONAL CITY. CALIFORNIA 92050
June 12, 1992
Beverly Autgelet, City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA. 91910
REF.
June 11, 1992 Chula Vista City Letter "NOTICE OF
HEARING" to be held on June 30, 1992 6.00 p.m. Project #
Otay Valley Road street widening, property acquisition
NO. ( ).
Dear Ms. Autgelet.
Please recognize this letter as my request to appear and be heard
subject hearing, 6.00 p.m., June 30, 1992, pursuant to C.C.P.
1245.235.
PUBLIC
ST123,
-A.P.
at the
Section
We do and will register our objections which are pertinent to the issue of
whether the City should make a resolution of necessity. These objections
include but are not limited to the following:
A. The public interest and necessity do not require the project.
B. The project is not planned or located in a manner that will
be the most compatible with the greatest public good and the
least private injury.
C. The property sought to be acquired is not necessary for the
project.
Prior to the date of the hearing, we will continue to make good faith
efforts to reconcile with the city relative to the proposed taking.
Please notify me if I
additional notices in
subject hearing.
am required to do any additional acts or send
order to qualify to appear and be heard at
LET: as
L"~ 1~"
)::1>.
S, INC.
/
(")(")
=i~
-<-<
c:.c-:-'
Presiden~". .
-:r-, :~_'
:;. :...,;
file:cityclerk
/
/
/
/
~
/J-~L//
-'., -.,
_.,;....' ~
C-I--~
r'"1J':>-
1...-+
any
the
~
:::0
; ITJ
n
- 1'1
U1 .~
~ ('11
0 0
-'
tv
COUNCIL AGENDA STATEMENT
Item /3
SUBMITTED BY:
Meeting Date 6/16/92
Resolution / ~ ,~ Lf Approving an agreement with Robert
Bein, William Frost and Associates for survey construction staking
services; and approving change order nos. 1 through 5 inclusive and
authorizing the Director of Public Works to execute them on behalf of
the City; both as required in conjunction with the Telegraph Canyon
Road/Otay Lakes Road (Phase III) improvements
Director of Public wor~
City Manager 1 G l;; JI
y
(4/5ths Vote: Yes_Nol)
ITEM TITLE:
REVIEWED BY:
On March 7, 1989, the City Council of the City of Chula Vista approved an agreement between
the City of Chula Vista and VTN Southwest, Inc. for the preparation of construction documents
and plans necessary for the improvement and widening of Telegraph Canyon Road/Otay Lakes
Road (between Apache Drive and Rutgers Avenue). Included within the scope of work of the
aforementioned agreement were survey construction staking for the Telegraph Canyon Road
project. Early this year, VTN Southwest, Inc. encountered economic difficulties and filed
Chapter 11 (Reorganization) bankruptcy proceedings. On May 18, 1992, City staff was notified
that the U.S. Bankruptcy Court ordered that the case related to VTN Southwest, Inc. Chapter
11 proceedings be converted to Chapter 7 (Complete Liquidation). As a result of this decision,
VTN Southwest, Inc. is no longer able to fulfill the obligations of the contract approved on
March 7, 1989. Thus, to facilitate project construction and avoid potentially major claims on
the part of the contractor, we need to obtain the construction staking services required to
complete the project from another consultant.
Since commencement of the project construction activities, we have encountered numerous
difficulties with the plans and variations in field conditions. To correct them, we have directed
the contractor (Erreca's, Inc.) to perform extra work on a time and materials basis and/or agreed
unit prices. Construction change orders 1 through 5, inclusive, have now been processed
through the State of California and are described below. At this time, staff requests that Council
approve these change orders which were required for the construction of the project.
RECOMMENDATION: That Council: 1) adopt the resolution approving the agreement with
Robert Bein, William Frost and Associates and authorize the Mayor to execute said agreement;
and 2) approve change orders 1 through 5 inclusive, and authorize the Director of Public Works
to execute them on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
/3-/
Page 2, Item /3
Meeting Date 6/16/92
DISCUSSION:
Survey Contract
As described above, we have now encountered problems with VTN Southwest, Inc., who were
hired to design and to provide staking for the construction of the Telegraph Canyon Road
Widening project. They are no longer in business and are, therefore, unable to fulf1l1 the
contractual obligations. City staff was never advised by VTN that they were going to be unable
to perform the remaining services required under their contract. To the contrary, on the
morning the contractor was to start an item of work for which construction staking was needed,
the City's inspector was advised by the contractor that the survey work had not been provided.
Staff, therefore needed to get the immediate survey needs met or face extra contract costs for
delay of work.
Earlier in this fiscal year in the anticipation of the need for survey work in order to complete
both design and construction work on the C.I. P. projects in a timely fashion, City staff went
out with an RFP for survey services. Twenty-six engineering firms responded with proposals
to provide design and/or construction survey services. In October of 1991, a committee
comprised of Shale Hanson and Alex AI-Agha, Civil Engineers; Jack Gechter, Survey Party
Chief; and Lynn Center, Assistant Civil Engineer, reviewed the proposals and short listed that
to six firms. Those six firms were:
Algert Engineering, Chula Vista
Hunsaker & Associates, San Diego
Rick Engineering Company, San Diego
Nasland Engineering, San Diego
Right-of-Way Engineering Services, Inc.
Robert Bein, William Frost and Associates, Chula Vista.
A selection committee consisting of Ken Goldkamp, Sr. Civil Engineer; Shale Hanson, Dennis
Davies, and Alex AI-Agha, Civil Engineers, further evaluated the proposals and interviewed the
six firms. Based on the analysis of the proposals and interviews, the selection committee ranked
the firm of Robert Bein, William Frost and Associates (REF) as number 1. Due to changes in
the C.I.P. scheduling, consultant land surveying services were not required at that time and no
further steps toward a contract were taken.
Faced with the imminent need to provide staking services to our construction contractor, staff
recalled the earlier surveying consultant selection process which identified Robert Bein, William
Frost and Associates as number 1 and hired them on an emergency basis. The initial work done
on an emergency basis by REF was the staking of a 20-inch water line and curb grades along
the north-south portion of Otay Lakes Road for the lump sum price of $6,000. By contracting
with REF on an emergency basis so that the contractor could proceed with his work
expeditiously saved the City approximately $1,500 per day in extra charges for delay of work.
Assuming a two week delay to get Council approval before authorizing the work would have
cost $15,000 in delay costs.
/3-;<,
Page 3, Item 13
Meeting Date 6/16/92
Based on the earlier RFP evaluation process which ranked REF as number 1, staff now
recommends that the remaining construction staking needed for the Telegraph Canyon Road
project be contracted with the firm of Robert Bein, William Frost and Associates. The firm of
Robert Bein, William Frost and Associates has agreed to perform the remaining construction
staking work on a time and materials basis with a not-to-exceed amount of $43,000. The total
cost for construction staking services required for completion of the project since VTN
Southwest, Inc. defaulted would total no more than $49,000, including the $6,000 already
performed. Further, approximately $5,000 to $6,000 of this amount is work which will be
reimbursed by the Otay Water District in accordance with previous agreements.
Funds withheld by the City and remaining from the agreement with VTN Southwest, Inc. total
$14,500. The discrepancy between the cost of the amount of work needed compared to the
amount of funds remaining can best be explained by looking at the proposals which were
submitted in 1989 and resulted in the hiring of VTN Southwest, Inc. The number 1 ranked firm
of Rick Engineering, which also designed the projects to the east and west, had a fee in excess
of $120,000 higher than the proposal from VTN Southwest, Inc. Major errors on bid proposals
such as this, in our opinion, have now caused VTN Southwest, Inc. to go out of business.
When the amount of funds being withheld by the City is considered, the additional amount
required to complete the construction staking totals $34,500 ($49,000 less $14,500 VTN
Southwest Inc. contract balance). The City Attorney's office will file a claim in the bankruptcy
proceedings to try and recoup the aforementioned funds.
Construction chan~e orders
During construction of the project, it has become necessary to amend the contract five times to
provide for changed field conditions. We have requested the contractor to perform the following
work on a time and material basis or on an agreed unit cost, in accordance with the CalTrans
standard specifications:
Change Order No. 1 - Relocation and extension of 20-inch diameter temporary high
line water line from the north to the south side of the roadway ($4,027.00). The
Director of Public Works previously approved this change order.
Change Order No. lA - Provides for the connection of the high line at both the east and
west connection points ($30,000.00). These connections were originally to be
performed by the Otay Water District and paid for by the City. Due to staff
constraints, the Otay Water District was unable to perform the work. We, therefore,
directed the contractor to do the connections instead. There is no cost difference to the
City.
Change Order No. 2 - Provides for a repair of a failed slope adjacent to the Navy
housing project and the construction of subdrains in this area ($24,042.00).
Change Order No. 3 - Provides for our share of traffic control needed for the
convenience and direction of public traffic ($15,000). Under Caltrans specifications,
the flagging costs are to be split equally between the City and the contractor. The bid
specs prepared by VTN did not include this within any bid item as should have been
/3'3
Page 4, Item n
Meeting Date 6/16/92
done. However, if it had been included, it may be assumed that the bids for that item
would have been higher by this amount.
Change Order No. 4 - Provides for the payment of the actual quantity of crib wall
which was constructed adjacent to the Navy housing project. While the plans indicated
the correct hieght of the wall, and the wall was constructed as shown on the plans, the
original bid item pay units were low by 30%, thus requiring a contract change order
($33,105.25) to reflect the actual number of bid units.
Change Order No. 5 - Provides for the extension of four apron walls on drain pipe
outlets into Telegraph Canyon channel to enable the construction of the maintenance
road in accordance with the actual field conditions ($1,547.54).
We, therefore, request Council's approval of these change orders totaling $107,721.79. It
should be noted that there are sufficient funds in the contingency balance of the project to cover
these expenses. All of the above work was in the critical path and had to be completed in order
to allow for the uninterrupted progress of the project. Staff could not come to Council earlier
because the actual costs were unknown and we had to await prior approval from the State. Their
approval is necessary as we will be partially refunded for this expense.
FISCAL IMPACT: Council allocated funds in the amount of $7,084,000 for the Telegraph
Canyon Road/Otay Lakes Road project in the 1988-89 C.I.P. budget process. At this time an
available amount of approximately $800,000 remains unallocated in the CIP project account.
$34,500 for the survey work would be from these funds and $14,500 would come from funds
withheld from VTN. Depending on the outcome of the bankruptcy proceedings, the City may
recoup a portion or possibly all of the funds required for these services. The $107,721.79 in
change orders can be covered from the project's contingency fund (remaining balance
$127,158.01).
CLS (B:OTAYTEL.A13)
AN-Ol2
)3-'1
RESOLUTION NO.
/~~" ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AN AGREEMENT WITH ROBERT
BEIN, WILLIAM FROST AND ASSOCIATES FOR SURVEY
CONSTRUCTION STAKING SERVICES; RATIFYING
CHANGE ORDER NOS. 1 THROUGH 5 INCLUSIVE AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE THEM ON BEHALF OF THE CITY REQUIRED IN
CONJUNCTION WITH THE TELEGRAPH CANYON
ROAD/OTAY LAKES ROAD (PHASE III) IMPROVEMENTS
WHEREAS, on March 7, 1989, the City Council of the City
of Chula vista approved an agreement between the city of Chula
vista and VTN Southwest, Inc. for the preparaton of construction
documents and plans necessary for the improvement and widening of
Telegraph Canyon Road/Otay Lakes Road (between Apache Drive and
Rutgers Avenue); and
WHEREAS, VTN Southwest, Inc. encountered economic
difficulties and is presently in Chapter 7 (Complete Liquidation)
bankruptcy proceedings; and
WHEREAS, as a result, VTN is no longer able to fulfill
the obligations of the contract approved on March 7, 1989 and in
order to facilitate the project construction and avoid potentially
major claims on the part of the contractor, the city needs to
obtain the construction staking services required to complete the
project from another consultant; and
WHEREAS, since commencement of the project construction
activities, the city has encountered numerous difficulties with the
plans and variations in field conditions; and
WHEREAS, to correct them, the contractor (Erreca's, Inc.)
has been directed to perform extra work on a time and materials
basis and/or agreed unit prices; and
WHEREAS, construction change orders 1 through 5,
inclusive, have now been processed through the State of California
and it is necessary for Council to ratify these change orders which
were required for the contruction of the project.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby ratify the agreement of the
city Manager to pay RBF $6,000 for urgent construction staking
services, and approve an agreement with Robert Bein, William Frost
and Associates for survey construction staking services in the
amount of not to exceed $43,000, a copy of which is on file in the
office of the City Clerk.
1
13-S
BE IT FURTHER RESOLVED that the city council does hereby
waive the consultant selection process.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute this
agreement for and on behalf of the city of Chula vista.
BE IT FURTHER RESOLVED that the City council does hereby
ratify change orders 1 through 5 inclusive and authorize the
Director of Public Works to execute them on behalf of the city.
form r
,
~.
r , c~ty
Presented by
John P. Lippitt, Director of
Public Works
C:\rs\TC/OLco 1-5
2
)3"6
Agreement between
City of Chula Vista
and
Robert Bein, William Frost and Associates
for Survey Construction Staking Services
This agreement ("Agreement"), dated June 10, 1992 for the purposes of
reference only, and effective as of the date last executed unless another date
is otherwise specified in Exhibit A, Paragraph 1 is between the City-related
entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose
business form is set forth on Exhibit A, paragraph 3, and the entity indicated
on the attached Exhibit A, paragrap~ 4, as Consultant, whose business form is
set forth on Exhibit A, paragraph 5, and whose place of business and telephone
numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made
with reference to the following facts:
Recitals
Whereas, City of Chula Vista ("City") desired the widening and
improvement of Telegraph Canyon Road/Otay lakes Road between Apache Drive and
Rutgers Avenue ("Project"), and in connection therewith, City contracted with
VTN Consultants ("VTN") for design work according to the terms of an agreement
"To Provide Engineering Services for the Improvement and Widening of Telegraph
Canyon Road/Otay lakes Road (between Apache Dri ve and Rutgers Avenue) and
Para 11 el i ng Channel" ("Contract") dated March 7, 1989, and twice amended
thereafter.; and,
Whereas, City subsequently contracted with Erreca's to construct the
Project; and,
Whereas, among other services, said design Contract between City and VTN
required construction staking services; and,
Whereas, VTN has now gone out of business and cannot fulfill the
agreement dated March 7, 1989; and,
Whereas, Robert Be in, Wi 11 i am Frost and Assoc i ates warrants and
represents that they are experienced and staffed in a manner such that they
are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and
conditions of this Agreement; and,
(End of Recitals. Next Page starts Obligatory Provisions.)
13-7
OBLIGATORY PROVISIONS
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached
Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties",
Consultant shall also perform all of the services described in Exhibit A,
Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the
General Duties, according to, and within the time frames set forth in Exhibit
A, Paragraph 8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work and
deliverables required in the Scope of Work and Schedule shall be herein
referred to as the "Defined Services". Failure to complete the Defined
Servi ces by the times i nd i cated does not, except at the opt i on of the City,
operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to
time reduce the Defined Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction in the
compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may
require Consultant to perform additional consulting services related to the
Defined Services ("Additional Services"), and upon doing so in writing, if
they are within the scope of services offered by Consultant, Consultant shall
perform same on a time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is
otherwise agreed upon. All compensation for Additional Services shall be paid
monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether
Defined Services or Additional Services, shall perform in a manner consistent
with that 1 evel of care and ski 11 ordi narily exerci sed by members of the
profession currently practicing under similar conditions and in similar
locations.
-2- 13-8"
F. Insurance
Consul tant represents that it and its agents, staff and subconsul tants
employed by it in connection with the Services required to be rendered, are
protected against the risk of loss by the following insurance coverages, in
the following categories, and to the limits specified, policies of which are
issued by Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Li abil ity
Insurance coverage in the amount set forth in the attached Exhibit A,
Paragraph 9.
Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined
single 1 imit appl ied separately to each project away from premises owned or
rented by Consultant, which names City and Applicant as an Additional Insured,
and which is primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City and Applicant
in the same manner as members of the general public ("Cross-liability
Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 9, unless Errors and Omissions coverage is included in the General
Liability policy.
G. Proof of Insurance Coverage.
(I) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required,
prior to the commencement of services required under this Agreement, by
delivery of Certificates of Insurance demonstrating same, and further
indicating that the policies may not be canceled without at least thirty (3D)
days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-l i abil i ty Coverage requi red under Consultant's Commerci al
General Liabil ity Insurance Pol icy, Consultant shall del iver a pol icy
endorsement to the City demonstrating same, which shall be reviewed and
approved by the Risk Manager.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing
the progress of the Defined Services and Schedule therein contained, and to
provide direction and guidance to achieve the objectives of this agreement.
The City shall permit access to its office facilities, files and records by
Consultant throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set forth on
Exhibit A, Paragraph 10, and with the further understanding that delay in the
-3- 1.3'9
provi s ion of these materials beyond 30 days after authori zat i on to proceed,
shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
B. Compensation
City shall compensate Consultant for all services rendered by Consultant
according to the terms and conditions set forth in Exhibit A, Paragraph 11
adjacent to the governing compensation relationship indicated by a "checkmark"
next to the appropriate arrangement, and shall compensate Consultant for out
of pocket expenses as provided in Exhibit A, Paragraph II.
3. Administration of Contract
Each party designates the individual s ("Contract Administrators")
indicated on Exhibit A, Paragraph 13, as said party's contract administrator
who is authori zed by sa i d party to represent them in the rout i ne
administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have compl ied with all
executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is
provided in Exhibit A, Paragraph 14.
It is acknowl edged by both part i es that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of
damages resulting from delay in performance. The parties have used their
judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period
specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of
the respective work assignment or Deliverable, the consultant shall pay to the
City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than
delays caused by the City, shall be requested in writing to the City's
Contract Administrator, or designee, prior to the expiration of the specified
time. Extensions of time, when granted, will be based upon the effect of
de 1 ays to the work and wi 11 not be granted fot de lays to mi nor port ions of
work unless it can be shown that such delays did or will delay the progress of
the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph IS, as an "FPPC
filer", Consultant is deemed to be a "Consultant" for the purposes of the
-4-
I..J--/()
Political Reform Act conflict of interest and disclosure provisions, and shall
report economic interests to the City Clerk on the required Statement of
Economic Interests in such reporting categories as are specified in Paragraph
IS of Exhibit A, or if none are specified, then as determined by the City
Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant shall not make, or participate in making or in any way attempt to
use Consultant's position to influence a governmental decision in which
Consultant knows or has reason to know Consultant has a financial interest
other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant warrants and represents that Consultant has diligently conducted a
search and inventory of Consultant's economi c interests, whatsoever in any
property which may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any property
which may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph IS.
Consul tant further warrants and represents that no promi se of future
employment, remuneration, consideration, gratuity or other reward or gain has
been made to Consultant or Consultant Associates in connection with
Consultant's performance of thi s Agreement. Consul tant promi ses to advi se
City of any such promise that may be made during the Term of this Agreement,
or for 12 months thereafter.
Consultant agrees that Consultant Associ ates shall not acqui re any such
Prohibited Interest within the Term of this Agreement, or for 12 months after
the expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibil ities under this Agreement, except with the written permission of
City.
6. Hold Harmless
Consultant shall defend, indemnify and hold harmless the City, its
elected and appointed officers and employees, from and against all claims for
damages, liability, cost and expense (including without limitation attorneys'
fees) arising out of the conduct of the Consultant, or any agent or employee,
subcontractors, or others in connection with the execution of the work covered
by this Agreement, except only for those claims arising from the negligence or
willful conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its off.icers, agents, or employees in
defending against such claims, whether the same proceed to judgment or not.
Further, Consultant at its own expense shall, upon written request by the
City, defend any such suit or action brought against the City, its officers,
-5-
1.3'/1
agents, or employees due to negl igence by Consultant.
indemnification of City shall not be limited by any prior
declaration by the Consultant.
7. Termination of Agreement for Cause
Consultants'
or subsequent
If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant
shall violate any of the covenants, agreements or stipulations of this
Agreement, City shall have the right to terminate this Agreement by giving
written notice to Consultant of such termination and specifying the effective
date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data,
studies, surveys, drawings, maps, reports and other materials prepared by
Consultant shall, at the option of the City, become the property of the City,
and Consultant shall be entitled to receive just and equitable compensation
for any work satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused City by Consultant's breach.
8. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this
Agreement has resulted in expense to City greater than would have resulted if
there were no such negl igence, errors, omi ssi ons, Consultant shall reimburse
City for any additional expenses incurred by the City. Nothing herein is
intended to limit City's rights under other provisions of this agreement.
9. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by
giving specific written notice to Consultant of such termination and
specifying the effective date thereof, at 1 east thi rty (30) days before the
effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the
option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in thi s paragraph, Consultant
shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the
effective date of such termination. Consultant hereby expressly waives any and
all claims for damages or compensation arising under this Agreement except as
set forth herein.
10. Assignability
The services of Consultant are personal to the City, and Consultant shall
not assign any interest in this Agreement, and shall not transfer any interest
in the same (whether by assignment or novation), without prior written consent
of City, which City may not unreasonably deny.
11. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs,
plans, procedures, systems and any other materials or properties produced
-6-
1:J-It2.
under this Agreement shall be the sole and exclusive property of City. No
such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in
the United States or in any other country without the express written consent
of City. City shall have unrestricted authority to publish, disclose (except
as may be limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties produced
under this Agreement.
12. Independent Contractor
City is interested only in the results obtained and Consultant shall
conform as an independent contractor with sole control of the manner and means
of performing the services required under this Agreement. City maintains the
right only to reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for all purposes
under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to
which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other
leave benefits.
13. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement,
against the City unless a claim has first been presented in writing and filed
with the City and acted upon by the City in accordance with the procedures set
forth in Chapter 1.34 of the Chu1a Vista Municipal Code, as same may from time
to time be amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such pol icies and procedures used by the
City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with
City for the purpose of resolving any dispute over the terms of this Agreement.
14. Attorney's Fees
Should a dispute arlSlng out of this Agreement result in litigation, it
is agreed that the prevailing party shall be entitled to recover all
reasonable costs incurred in the defense of the claim, including costs and
attorney's fees.
15. Statement of Costs
In the event that Consultant prepares a report or document, or
part i c i pates in the preparat i on of a report or document in performi ng the
Defined Services, Consultant shall include, or cause the inclusion of, in said
report or document, a statement of the numbers and cost in dollar amounts of
all contracts and subcontracts relating to the preparation of the report or
document.
-7- 13- /3
16. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have
no authority to act as City's agent to bind City to any contractual agreements
whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or
their principals is/are licensed with the State of California or some other
state as a licensed real estate broker or salesperson. Otherwise, Consultant
represents that neither Consultant, nor thei r pri ncipa 1 s are 1 icensed real
estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given
pursuant to th i s Agreement must be in writ i ng. A 11 not ices, demands and
requests to be sent to any party shall be deemed to have been properly gi ven
or served if personally served or deposited in the United States mail,
addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
Th is Agreement, together with any other wri t ten document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction from its
principal to enter into this Agreement, and that all resolutions or other
actions have been taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San
Diego County, State of California, and if applicable, the City of Chula Vista,
or as close thereto as poss i b 1 e. Venue for th is Agreement, and performance
hereunder, shall be the City of Chula Vista.
[End of page. Next page is signature page.]
-8-
13'1'/
Signature Page
to
Agreement between City of Chula Vista and
Robert Bein, William Frost and Associates
for Survey Construction Staking Services
IN WITNESS WHEREOF, Ci ty and Consultant have executed thi s Agreement
thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
Dated:
,19_
City of Chula Vista
by:
Tim Nader, Mayor
Attest:
Robert Bein, William Frost & Associates
B"~'
Dated:
By:
Exhibit List to Agreement
( X ) Exhibit A.
( ) Exhibit B.
WPC 6029E/0067Y
w
-9-
13--;5
Exhibit A
to
Agreement between
City of Chula Vista
and
Robert Bein, William Frost and Associates
1. Effective Date of Agreement: June 10, 1992
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State
of California
() Redevelopment Agency of the City of Chula Vista, a political
subdivision of the State of California
() Industrial Development Authority of the City of Chula Vista,
a
() Other:
business form]
a
[insert
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Robert Bein, William Frost and Associates
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Robert Bein, William Frost and Associates
71 N. Fourth Avenue
Chula Vista, CA 91910
Voice Phone (619) 426-5400
Fax Phone (619) 426-1575
7. General Duties: Provide survey construction staking for Telegraph
Canyon/Otay lakes Road Improvement Project, Phase III.
13'l~
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Provide typical surveying services to install
construction stakes for all relevant grading and
improvement installation work associated with the
subject project to include:
1) 12" water main in Otay Lakes Road (N-S section)
2) All utility trenches - including telephone, gas
and electric except phone from Sta. 32+00 - 55+00
north side
3) Street lights and traffic signal
4) Storm drain culverts and structures
5) Concrete curbs and gutters
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
C. Dates or Time Limits for Delivery of Deliverables:
Consultant shall provide construction staking as
needed with 48 hour prior notice.
D. Date for completion of all Consultant services:
June 15, 1992
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not
included in Commercial General Liability coverage).
() Performance Bond
10. Materials Required to be Supplied by City to Consultant:
Horizontal and vertical control data in hard copy format.
-2-
13-1?
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 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:
(I) (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 $43,000.00 including all
Materials, and other "reimburseables" ("Maximum Compensation").
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Pri nc i pa 1
Project Director
Field Supervisor/Party Chief
2-man Crew, Sr. Chain
2-man Crew, Chain
Gary Armstrong
Dale Harvey
Del Brokaw
Bill Erholtz
Bob Cook
$125.00
110.00
83.00
144.00
incl.
*See attached Hourly Rate Schedule for RBF office and field personnel
. () Hourly rates may increase by 6% for services rendered after
June, 1993, 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 $
() 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:
-3-
J3-/~
13. Contract Administrators:
Consultant:
City: Dennis Davies, Civil Engineer
Dale Harvey, RBF & Associates
14. Statement of Economic Interests, Consultant Reporting Categories, per
Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and
sources of income subject to the regulatory, permit or
licensing authority of the department.
( )
Category No.4. Investments in business entities and sources
of income which engage in land development, construction or the
acquisition or sale of real property.
Category No.5. Investments in business entities and sources
of income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or
equipment.
Category No.6. Investments in business entities and sources
of income of the type wh i ch, wi th in the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( )
( )
( )
( )
Category No.7. Business positions.
List "Consultant Associates" interests in real property within
2 radial miles of Project Property, if any:
15. () Consultant is Real Estate Broker and/or Salesman
WPC 6030E/0068Y
-4-
13-/'
CJ@bel1 CJJeiIl., 'William Pfbst c;& c!jlssociates
PROFESSIONAL ENGINEERS. PLANNERS & SURVEYORS
HOURLY RATE SCHEDULE
Effective August I, 1991
omCE PERSONNEL
Principal
Project Director
Suuctwal Engineer
Project ManagerlEngineer
Senior Engineer
Registered Engineer
Senior Designer
Design Engineer
Designer (CADD)
Mapping Calculator
DesignerlPlanner
Senior DraflSmanrrechnician
Draftsman/Graphic Anist
Environmental Analyst
Engineering/Planning Aide
S 125.00
110.00
95.00
85.00
80.00
75.00
70.00
65.00
60.00
63.00
55.00
51.00
46.00
43.00
35.00
FIELD PERSONNEL
3 Man Survey Crew
2 Man Survey Crew
Field Supervisor
Residcm Engineer
Inspector
$ 185.00
144.00
83.00
70.00
65.00
COMPUTER & OTHER SERVICE FEES
Computer Aided Design and Drafting
P.C. Work Station
Clerical
Consultation Relative to Legal Actions
S 35.00
15.00
30.00
225.00
Note:
Blueprinting. reprodua.ion, messenger service and other direct expenses will be charged at cost. A Subconsulwu Management Fee of fihcc:n
(IS) percent will be added to the direct cost of aU subconsulW11 services 10 provide for the cost of admirusuation. subconsultant consullAlion. and
insurance.
'PrgJessioIfj11 Service SiI1-ce 1944 I:J ....2 ()
71 NORTH FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910-1007' (619) 426-5400' FAX (619) 426-1575
OFFICES IN IRVINE' CORONA' PALM DESERT' SACRAMENTO' TEMECULA