HomeMy WebLinkAboutAgenda Packet 1997/08/26
Tuesday, August 26, 1997
6:00 p.m.
_, declare ..nder penalty of perlury thet I em
employed by the City of Cllu!s Vista In the
OffIce of the (;,Ity Clerk 9n'~ that I posted
this A.g..nda/No.j,,€ .,,, tho lJuUe1tin B')<I,'\1I at .
the Public rvl.... Building a~ a~ on CouncIl Chambers
DATED, ;;J.? . SIGNED &;/.;~'''PubliC Services Building
ISED '
Rel!ular Meetinl! of the City of Chula Vista City Council
CALL TO ORDER
l.
ROLL CALL:
Councilmembers Moot _, Padilla _' Rindone _' Salas _' and
Mayor Horton _"
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3.
APPROVAL OF MINUTES:
August 12, 1997 (Regular Meeting) and August 13, 1997 (Special
Meeting).
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the week of September 7 - September 13, 1997 as "National Dog Week." Mayor
Horton will present the proclamation to John Bowen, President, Bahia Sur Kennel Club.
CONSENT CALENDAR
(Items 5 through 9)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Foml" avaiwble in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the hest of his knowledge from observance of
actions taken in Closed Session on 8/19/97 in which the City Attorney participated, that there
were no reportable actions which are required under the Brown Act to be reported. It is
recommended that the letter be received and fi.led.
6. RESOLUTION 18763 APPROVING THE EXTENSION OF THE SOLlD WASTE FRANCHISE
WITH ALLIED WASTE ON A MONTH TO MONTH BASIS (STARTING
ON SEPTEMBER 5, 1997) PENDING FURTHER CITY REVIEW AND
CONSlDERATION OF A 5 YEAR RENEWAL TO THE YEAR 2002 -In
June, 1997, Council conditionally approved the assignment of the solid waste
franchise from Laidlaw to Allied Waste Industries of Arizona. Laidlaw! Allied
was directed to enter into negotiations with the City regarding various issues
prior to the September date for consideration of the last 5 year franchise renewal
option to the year 2002. This item is to consider extending the franchise on an
interim basis while discussions with the franchisee continue. Staff recommends
approval of the resolution. (Deputy City Manager Krempl)
Agenda
-2-
August 26, 1997
7. RESOLUTION 18764 APPROPRIATlNG$163,665INUNANTlCIPATEDREVENUE,WAIVING
THE CITY'S FORMAL BIDDING PROCESS AND AWARDING AVIARY
CONTRACT TO AMERICAN STEEL BUILDERS INe. TO CONSTRUCT
A CLAPPER RAIL AVIARY AT THE NATURE CENTER - This item
requests authorization to complete the final phase (III) of the Clapper Rail
Exhibit. Entire funding of this project has come from outside sources and no
City funds will be used on this exhibit. Council approved Phase I construction
and awarded a contract for it on 9/19/95 and another for Phase II construction
on 3/26/96. The final phase consists of construction of the aviary and design
and installation of the interpretive features. Staff recommends approval of the
resolution. (Executive Director, Bayfront Conservancy Trust) 4/5th's vote
required.
8.A. RESOLUTION 18765 AMENDING FISCAL VEAR 1997/98 BUDGET TO APPROPRIATE
$32,412 FROM TELECENTER REVENUE TO SUPPORT THE CIruLA
VIST A TELECENTER PROJECT - The East "H" Street telecenter has been
open for three years, during which time it has been funded solely by grants.
These grants have heen used as seed money to establish and operate the
tdecenters while working toward self sufficiency. To date, the telecenters
generated $52,801. Of that, only $25,260 bas been appropriated. The
remaining have heen placed in a fund and included in fiscal year 1997/98
revenue estimates. On 6/14/97, Council approved a one year lease agreement
with Kelton Title Corporation for the Eastern Telecenter. This action extends
the existing lease agreement. Staff recommends approval of the resolutions.
(Environmental Resource Manager and Telecenter Director) 4/Sth's vote
required.
B. RESOLUTION 18766 APPROVING RENEWAL OF A MONTH TO MONTH LEASE
AGREEMENT WITH KELTON TITLE CORPORATION FOR THE
CHULA VISTA TELECENTER PROJECT
9. REPORT PROPOSAL TO REPLACE ALL RED INCANDESCENT TRAFFIC
SIGNAL LAMPS WITH LIGHT EMITTING DIODE LAMPS TO SAVE
ENERGY COSTS - The City is in a position to save approximately $88,000 per
year in energy costs by switching the red traffi.c signal indication lamps from
incandescent lamps to light emitting diode lamps. San Diego Gas & Electric
Company has an incentive program that offers up to $15 rebate per light. The
relamping project must be completed by 12/1/97 in order to receive the
incentive. This project is part of the City's overall Carbon Dioxide Reduction
and Energy Conservation Plan. Staff recommends Council accept the report and
approve the resolution. (Director of Public Works, Director of Finance and
Environmental Resource Manager)
RESOLUTION 18767 AUTHORIZING A $251,750 LOAN FROM THE TRUNK SEWER
CAPIT AL RESERVE FUND, APPROPRIATING THE LOAN PROCEEDS
AND UNANTICIPATED REVENUE FROM THE SDG&E INCENTIVE
PROGRAM TO A NEW CIP TRAFFIC SIGNAL LAMP
REPLACEMENT PROGRAM AND AUTHORIZING THE MAYOR TO
EXECUTE A COMMERCIAL INDUSTRIAL INCENTIVE AGREEMENT
WITH SAN DIEGO GAS & ELECTRIC COMPANY FOR THE
REPLACEMENT OF INCANDESCENT LAMPS TO LIGHT EMITTING
DIODE LAMPS - 4/5th's vote required.
* * * END OF CONSENT CALENDAR * * *
Agenda
-3-
August 26, 1997
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Councilfrom taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS 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, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting.
None submitted.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
10.
REPORT
"HIGHER EDUCATION CENTER" CONCEPT PROPOSAL - For the past
several years, the City has been taking steps which would allow for the future
development of a four-year university within the community. More recently.
the City has also heen involved with SDSU and UCSD in several university-
related projects. and has also begun discussions regarding a "higher education
center" concept which would bring together two or more educational institutions
on a single site. Staff recommends Council accept the report and direct staff to
continue to refine the proposal through further negotiations with representative
academic institutions. (Assistant Planning Director)
10.1
REPORT
STATUS OF CLOSURE OF JEFFERSON AVENUE FOR FEASTER
SCHOOL - On 1/7/97, Council authorized the closure of Jefferson Avenue hy
the Chula Vista Elementary School District subject to certain conditions. The
School District wishes to close Jefferson Avenue with temporary fencing before
9/2/97, hut they have not completed the work necessary to meet the conditions
required to vacate the street. The District needs to move ahead with the closure
by that date in order to have the modifications to Feaster School ready by the
start of school. Staff recommends Council approve this report and permit the
Chula Vista Elementary School District to proceed with the closure of Jefferson
Avenue now based on the District's written agreement to complete the items
necessary to vacate the street within six months. (Director of Public Works)
Agenda
-4-
August 26, 1997
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
AgentUI items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
11. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
12. MAYOR'S REPORTlS)
13. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on September 9, 1997
at 6:00 p.m. in the City Council Chamhers.
A special meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
"I decl8ra IIMer penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Cler~ and that I !>O"t9d
this Agenda/Notice on the Buliatin Boord at
Tuesday, August 26,1997 the PUbIiC~lI8 Building and at ~ . Council Chambers
6:00 p.m. . . DATf;p~ 7;7 SIGNED 6f _'public ServIces BlIlldmg
(ImmedIately followmg the City COline I
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states othenrise at this time, the Council will discuss and deliberate on the following
items of business which are pemlitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by law to return to open session, issue any reports of final action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated
at this point in order to save costs so that the Council's return from closed session, reports of final action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Govermnent Code Section 54956.9
. USA v. the City of San Diego.
. Wolfe v. City of Chu!a Vista.
. Griffin v. City of Chu!a Vista.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
.
Property:
Approximately 72.5 acres of property located at the southwest
quadrant of Otay Valley Road and Otay Rio Road, Chula
Vista.
Negotiating parties:
City of Chula Vista (Chris Salomon~), Los Alisos Company,
and MCA Conc~rts, Inc.
Und~r n~gotiation:
T~rms for modification of Ground L~as~, Tri-Party
Agr~ement, Sublease and/or Settlel11~nt Agreel11~nt for the
above-described prop~rty propos~d for d~velopl11ent into a
20,000 seat amphitheater.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant tn Gnvernment Cnde Sectinn 54957.6
. Agency negotiator: John Goss or d~signe~ for CVEA, WCE, POA, IAFF, Executive
Manag~ment, Mid-Manag~rn~nt, and Unr~pr~sented.
Employe~ organization: Chula Vista Employ~~s Association (CYEA) ami West~rn Council of
Engineers (WCE), Polic~ Officers Association (POA) and International Association of Fire
Fighters (lAFF).
Unrepr~sented employee: Executive Management, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
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ClW OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
August 20, 1997
From:
The Honorable Mayor and City Council
John M. Kaheny, city Attorne~~
Report Regarding Actions Tak ln Closed
for the Meeting of 8/19/97
To:
Re:
The city Council met in Closed Session to discuss Wolfe v. City of
Chula vista, Griffin v. city of Chula Vista, Public Employee
Peformance Evaluation - city Manager and labor negotiations.
The city Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the city
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
C:\lt\clossess.no
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276 FOURTH AVENUE, CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
tl I'osI-Galo.mIFIiI:y.:ladI'lf8'
COUNCIL AGENDA STATEMENT
Item
Meeting Date 8/26/97
~
ITEM TITLE: Resolution /8'763 Approving the Extension of the
Solid Waste Franchise with Allied Waste on a Month
to Month Basis (starting on September 5, 1997)
Pending Further city Review and consideration of a
5 Year Renewal to the Year 2002
SUBMITTED BY: Deputy city Manager~~.
REVIEWED BY: city Manager~ tcr~r~4/5ths Vote: Yes__No-K-)
In June, 1997, the city Council conditionally approved the
assignment of the solid waste franchise from Laidlaw to Allied
Waste Industries of Arizona. Laidlaw/Allied was directed to enter
into negotiations with the city regarding various issues prior to
the September date for consideration of the last 5 year franchise
renewal option to the year 2002. This item is to consider extending
the franchise on an interim basis while discussions with the
franchisee continue.
RECOMMENDATION: That council approve the resolution extending the
solid waste franchise on a month to month basis starting on
september 5, 1997 until negotiations with Laidlaw/Allied can be
concluded.
BOARD AND COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
A. BUSINESS POINTS REGARDING THE RENEWAL
Chapter 8.23.030 of the Municipal Code regarding the term of the
solid waste franchise reads as follows:
"The franchise term shall be extended for the term of
five (5) years from and after the current termination
date of September 4, 1987 or until the state or some
municipal or public corporation duly authorized by law
shall purchase by voluntary agreement all property
actually used and useful in the exercise of said
franchise, or until said franchise shall be forfeited for
noncompliance with its terms as provided herein. In
addition, the grantee shall have two five-year renewal
options if the grantee is not in breach of this ordinance
i -- /
and has performed in the manner found satisfactory by the
city. The five-year extension and the two five-year
options are conditioned upon the grantee constructing a
new operating service facility within the city of Chula
vista within fifteen(15) years of the adoption of this
ordinance. said facility including land and improvements
to cost approximately $1.5 million. During such term,
grantee shall have the exclusive right to collect and
dispose of all refuse created, accumulated or produced
within the city of Chula vista."
In accordance with council direction on the franchise assignment
from Laidlaw to Allied, staff initiated discussion with
Laidlaw / Allied in anticipation of the September, 1997 franchise
renewal decision. Staff met with Laidlaw/Allied on a weekly basis
in July to discuss pertinent issues to the renewal (see Exhibit A) .
The staff identified approximately 25-30 issues. These issues were
discussed in some detail at the meetings. For many of the issues,
the output, as shown on Exhibit A, was the identification of some
tentative strategies to address particular problems and improve
service effectiveness.
In addition though, a number of major issues were identified to be
the subject of continuing discussion. These issues include the
following:
1. Rate of return documentation per City council direction
2. Age of the vehicle fleet (the age of the fleet is older than
the requirements laid out in the current franchise)
3. The current multi-family recycling program (which is not
operating successfully at the present time)
4. Laidlaw's high operational costs and the overall rates charged
to the ratepayers
5. The ownership of the recycling containers (City or Laidlaw)
6.
The potential
acquisition of
impact/value to
consolidation)
for vertical integration (i.e., Allied's
the County landfill system and the
the city of Chula vista through that
These issues were forwarded to Laidlaw in writing on July 23, 1997
with a request for them to submit a specific proposal back to us
for review (see Exhibit B). They are working on their response.
B. CONCLUSION
The continuation of the franchise on a month to month basis will
allow a couple of things to occur. First, it will afford the time
necessary to complete discussion of the business points outlined
~~,2
above. Equally important, however, it may lend clarity to the
implications for Chula vista from the pending sale of the landfill
system.
On August 12, 1997, the Board of supervisors approved an ordinance
authorizing a contract agreement with Allied for the sale of
certain assets relating to the collection and disposal of solid
waste. These assets include amongst other things the Otay
Landfill. The sale could be completed as early as November, 1997.
One of the comments made at the Council's June hearing on the
"Franchise Assignment" was the possible advantages to the City that
could accrue by having the landfill owner and our hauler being the
same entity. Those benefits, if any, have not yet been defined. For
all of these reasons, more time is in order prior to making a
permanent decision as to the last 5 year extension period. We
would anticipate returning to Council probably in a 45-75 day time
frame.
FISCAL IMPACT:
Undefined at the present time but potentially significant. When
negotiations are concluded and we return to Council for
consideration of the renewal decision, further analysis will be
provided on the financial impact to the ratepayers and the City.
~~3
.;;
RESOLUTION NO. 18763
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE EXTENSION OF THE SOliD WASTE
FRANCHISE WITH ALLIED WASTE ON A MONTH TO MONTH
BASIS (STARTING ON SEPTEMBER 5, 1997) PENDING FURTHER
CITY REVIEW AND CONSIDERATION OF A 5 YEAR RENEWAL
TO THE YEAR 2002
WHEREAS, in June, 1997, the City Council conditionally approved the assignment of
the solid waste franchise from Laidlaw to Allied Waste Industries of Arizona; and
WHEREAS, Laidlaw/Allied was directed to enter into negotiations with the City
regarding various issues prior to the September date for consideration of the last 5 year
franchise renewal option to the year 2002; and
WHEREAS, staff recommends extending the franchise on an interim basis while
discussions with the franchisee continue.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the extension of the Solid Waste Franchise with Laidlaw/Allied on a month
to month basis (starting September 5, 1997) pending further City review and consideration
of a 5 year renewal to the year 2002.
BE IT FURTHER RESOLVED that City staff is authorized and directed to prepare
appropriate documentation to reflect this extension ("Extension Agreement") and that the
Mayor, or her designee, is authorized and directed to execute same.
BE IT FURTHER RESOLVED that this extension is conditioned upon Laidlaw/Allied's
execution of the Extension Agreement. S!lid Extension Agreementto be placed on file in the
City Clerk's Office to be known as Docurilent No. C097-149.
BE IT FURTHER RESOLVED that staff is directed to proceed with the preparation of a
Request for Proposal ("RFP") document for solid waste disposal services for City Council
review. The purpose of this direction is to assure that an RFP document will be ready in the
event that the City Council, after due consideration, and in accordance with all required
franchise procedures, votes to disapprove the pending Laidlaw/Allied request for renewal.
Presented by
Approved as to form by
A '- ?---'dC
eorge Krert\'pl
. Deputy City Manager
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CllY OF
(HULA VISTA
OFFICE OF THE CITY MANAGER
August 26, 1997
VIA FAX AND U.S. MAIL
Mr. Daniel P. Higgins
Laidlaw Waste Systems
881 Energy Way
Chula vista, CA 91911
Dear Mr. Higgins:
The purpose of this letter agreement is to implement the terms of
City Council Resolution No. 18763. As you know, this Resolution is
being considered by the City Council this evening.
Allied Waste Industries, Inc., dba Laidlaw Waste Systems, Inc.
("Allied") is the franchisee under the solid waste disposal
franchise ("Franchise") of the city of Chula vista ("City"). The
Franchise is currently due to expire on September 4, 1997. Allied
has exercised its option to extend the Franchise until September 4,
2002. This extension is subject to City approval in accordance
with procedures set forth in the Franchise.
As a condition of the City's recent approval of the assignment of
the Franchise from Laidlaw to Allied, and in connection with the
pending renewal of the Franchise, the parties are currently
negotiating modifications to the Franchise. Given the number of
issues under discussion, and the fact that Allied is concurrently
acquiring the county of San Diego's solid waste disposal system,
the parties do not expect to complete negotiations prior to the
September 4, 1997 expiration date. In order to allow for the
orderly completion of these negotiations, the parties agree to
extend the term of the Franchise, on a month to month basis, until
such time that negotiations are completed and the pending renewal
and Franchise modifications are presented to the City Council for
its approval.
This letter agreement will become effective upon execution by the
parties and City Council approval of Resolution No. 18763.
CITY OF CHULA VISTA
BY~~' ~_L~
)'George Krempl,
/ Deputy city Manager
LAIDLAW WASTE SYSTEMS
~~~
General Manager
C'v^9;/~ )//c;
IfJ~7&3
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5031 . FAX (619) 585-5612
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1>os!.(msvTw;;.."aooPitl<
E:xhibit A
Laidlaw Waste Systems (LWS) Issues
Items discussed by Staff and Laidlaw Waste Systems Inc.,(L WS) in June, July and August meetings with
Laidlaw and City Staff (summary of L WS/City position)
COMMUNICATION ISSUES
1) Unit Pricing Survey: (L WS will provide historical data, re-start survey immediately*).
2) Monthly/Quarterly/Annual Reports; thoroughness, timeliness: (M.Meacham to send R. Berlin request).
3) Market Reports and Revenue Status for Curbside/Multi-family: (L WS agrees to add to quarterly report).
4) Public Education; printed, Telephone/Customer Service: (L WS to provide copies of printed public
education/information or telephone script in advance for City approval, City to reciprocate for printed
public education material generated by the City).
5) Documenting and Reporting Discontinued Accounts: (L WS will establish baseline of closedlnon-
serviced addresses and report suspended accounts: address where collection service is no longer
provided as part of future monthly reports. Staff will provide L WS with draft of proposed enforcement
procedure for mandatory service).
6) Documenting and Report disposition of property damage and related claims: (L WS will provide list of
addresses making claim, type/amount of claim and status/disposition as part of monthly report).
7) Documenting and Reporting Start-up Service for new Housing and Rental Housing: (L WS will submit
written proposed procedure to use water billings or other reference to initiate trash billings, L WS and
City will work together to develop move-in flyer for new homes developments or ask that information
be added to current material distributed by major developers and notice for property managers).
CUSTOMER SERVICE ISSUES
I) Collection, rejection, missed pick-up procedures and notification: (LWS refuse collection personnel will
collect illLwaste at the curb on the first pass (including contaminated green waste or recyclables), refuse
collection personnel will tag improper set outs more assertively and send follow-up letter notice with
instructions. City will send out letters to residents with three or more violations in a six month period, to
be provided by L WS, Staff will request that Council establish a special handling fee for persons who
violate the set out procedure after they have received, tag, follow-up written notice from L WS and City.
L WS may offer the fee option to customers who prefer to set out material differently, such as yard waste
in plastic bags).
2) Procedure, time limit for response and mitigation of complaints: (L WS will provide City opportunity to
review script or public education material in advance and respond as stipulated in agreement).
3) Customer, Phone Service Program: (LWS will work with staff to provide solution oriented answers up
front, low cost options as available, additional cost options and corrective information at the end of
service conversation, City to review script in advance).
6-6
Attachment A
Page 2
4) Customer Billings: (L WS will make monthly refuse bills more clear to customers by providing a
specific due date, effective date of any penalties and amount of future penalties. L WS will also ask their
supplier to use envelopes that can be recycled (windowless) in the curbside mixed paper program).
5) Bulky Pick-up program: (no volume limit will be placed on pick-up, L WS will respond to City request
to include refrigerators and all non-hazardous non-infectious bulky items, City will support L WS
through a case by case review of potential abuses of volume and or frequency, such as someone putting
out a sofa every week).
6) Construction Demolition Debris: (Staff will draft an exclusion clause that will allow a limited
volume/weight of construction/demolition debris to be included with trash or bulky pick-up program
over a specified period of time. The volume or weight will be further defined as "incidental waste" and
be more generally applicable in code. Optionally, L WS will also consider providing a free disposal
location for "incidental" amounts of construction/demolition debris generated by customers in good
standing).
OPERATIONAL PERFORMANCE ISSUES
I) Policy regarding collection/non-collection of waste: (wait for new policy? Laidlaw will provide
information on number of customers that make payment after they have received one or more late
notices from Laidlaw).
2) Bus stop bins: (Staff to provide L WS with information- set meeting with Parks, Transit and L WS staff).
3) Loss of material or leachate from vehicles: (L WS will talk to operations about complaints regarding loss
of material or fluids-primarily regarding recyclables and "Eager Beavers").
4) Special Event Planning and Service: (Staff to develop an internal permit, LWS to develop internal policy
to include recycling as an integral part of any special event or "donations" of service they provide).
5) Staff assignment and availability: (commit resources necessary to accomplish tasks, particularly public
education and timely recycling collection, L WS feels they are meeting the contract requirements).
6) Container selection, design and availability: (L WS will review City's requests to move to color coding
carts or bins for each program; recycling, trash and yard waste. Containers provided to Chula Vista
residents and businesses by L WS, City reaffirms its right to review containers before purchase).
7) Multi-family recycling program: (L WS recognizes that the program needs to dramatically improve in the
near future or the City will exercise its option to discontinue and may wish to do so as soon as possible).
8) 50% diversion from commercial and industrial recycling: (L WS has offered service and savings to a
large number of Chula Vista commercial accounts through recycling, L WS will provide recycling
tonnage information as part of monthly/quarterly reports, City considers multi-family waste and
recycling to be a component of the commercial waste stream and needs to explore more cost effective
ways than current multi-family recycling program to expand diversion from all commercial generators
and re-invest resources from the multi-family recycling program to meet the 50% state mandate).
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Attachment A
Page 3
9) Notification prior to making capital purchases such as vehicles: (L WS agrees with the need to
communicate in advance and may have justification for not always meeting City's specific requests
purchases should not restrict City's options for program development, expansion, collection methods,
savings from technology improvements).
10) Container Graffiti Abatement: (L WS will establish an internal procedure for identifYing graffiti as part
of the collection process and remove or paint over the graffiti in a professional manner, within a
reasonable time frame, such as one or two weeks).
FRANCHISE STRUCTURE AND COST ISSUES
I) Rate Review, timing and duration: (L WS agrees to provide performance review and rate review/request
for rate modification at same time in mid April each year (information to be based on previous calendar
year).
2) Prices for services L WS currently offers outside the franchise agreement: (list of services and prices,
should be subject to Council review).
3) Ownership ofrecycling collection containers: (City should own curbside bins/carts paid for through
fees).
4) Fee structure for contract services: (contracts should not restrict City's options for program development,
expansion, collection methods, savings from technology improvements).
5) Sub-contractor review process: (agreement provides for City review, City should have confidence that
price is result of competitive process and maintains right to direct material).
6) Report disposition of property damage claims: (L WS agrees to include in quarterly report).
*Survey to include 10 or more residential manual collection locations (at least one in each route) each collection
day Monday - Friday. The survey should include a weekly record of the number of cans and/or bundles of
trash and the number of cans and/or bundles of yard waste set out each collection day. The survey should also
include the weight of one regular trash can at each location at least once per season, summer, winter, fall and
spring. The survey should continue without interruption until a report on automation/unit pricing is presented to
Council for their review. Should Council approve a transition to full automation, it is advised that the survey
continue until all orders for automated containers sufficient to service the entire City are placed.
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(flY OF
(HUlA VISTA
OFFICE OF THE CITY MANAGER
July 23,1997 VIA FAX 7/23/97 4:20 P.M.
Mr. Dan Higgins, Market General Manager
Laidlaw Waste Systems, Inc.
881 Energy Way
Chula Vista, CA 91911
Re: Franchise Renewal for Solid Waste
Dear Mr. Higgins:
This letter is to summarize the status of negotiations on issues
regarding your pending solid waste franchise renewal. The renewal
will be considered by the City Council this Fall. As you are aware
on June 17,1997, the council conditionally approved the assignment
of the franchise from Laidlaw to Allied Waste Industries Inc. of
Arizona. One of the approval conditions was for Laidlaw to enter
into negotiations with the city regarding various issues_prior to
the September date when the final five year renewal option for the
franchise to the year 2002 will be considered.
We subsequently met with you on three occasions, July 1,9,and 18,
to discuss about two dozen communication, customer service,
operational performance, and franchise and cost ,"issues. We
appreciate the progress that was ma~'e at those meetings and were
able to outline a suggested course of ' action to improve many items.
There are, however, at least five issues that are going to require
more careful consideration and thought. We would ask that you
present us with a package proposal for discussion on how to respond
to these issues. Our mutual goal of course is to be able to provide
the best customer service, accountability, and cost effective
programs possible. The five issues we have identified that we would
like a proposal from you are as follows:
1. Rate of return documentation
We discussed your providing us with a summary as to what has
been provided to the city in the past as well as what the
information says and what it means. We also indicated we would
like an audited "return on assets" number for the Chula Vista
Market for 1994, 1995, 1996, and an estimate for 1997. We are
6f
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . {619} 691.5031 . FAX (619) 565,5512
.:';::.. """.:.n.r.~~...
Mr. Dan Higgins, Market General Manager
July 23, 1997
Page 2
also willing to explore entering into a "Confidentiality
Agreement" with you to the extent appropriate.
2. Age of fleet
Based upon the age of the fleet data you provided us, we would
like to know your plans to bring the age of the fleet into
compliance with the requirements of the Franchise that "the
average age of all regularly assigned collection vehicles must
be not more than four (4) years."
3. MUlti-family recycling agreement
The multi-family recycling as it has been currently operating
has been unsuccessful from both the standpoint of costs to the
user as well as the amount of material collected and recycled.
The program either needs to be significantly overhauled and
revamped or discontinued. We look forward to your ideas as to
how to make the program more effective.
4. Operational costs and overall rates
We discussed the fact that Chula Vista Solid..Waste rates still
appear to be too high in comparison with other California
markets. In terms of the San Diego market the commercial rates
are only average. The city has a great number of advantages as
to topography, density, number of customers, and shorter
travel distance to the landfill than any other jurisdiction
since the Otay Landfill is loc~ted in our community. We would
like your ideas as to reducing. costs of Laidlaw's services to
our residents and businesses. W~would also like your proposal
on how your commitment to such cost savings could be
translated into a formal provision in a renegotiated franchise
agreement.
5. Ownership of recycling collection containers
While we have had some discussion as to the ownership of the
refuse/recycling containers once the term of the franchise has
been concluded, it is our understanding that you were going to
research the question further as well as look at the container
replacement issue.
. -1/J
CITY OF CHULA VISTA
Mr. Dan Higgins, Market General Manager
July 23, 1997
Page 3
6. Potential for vertical integration
Of course we are also anxious to find out whether or not
Allied might be successful in acquiring the County Landfill
System and what implications that might have positively on our
ratepayers and services you provide to the city of Chula
Vista. We request that you propose a formal mechanism for
passing on these benefits as a provision in a renegotiated
franchise agreement.
We look forward to hearing from you as well as discussing the
various issues as a part of our ongoing negotiation meetings. Let
us know if you would still like to meet on August 1,1997 at 9 a.m..
Sincerely,
~.V~~~
George Krempl
Deputy City Manager
cc: Glenn Googins
Michael Meacham
Robert Powell
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CITY OF CHULA VISTA
Ei-AI'6;f- C-
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LAIDLAW WASTE SYSTEMS
August 13, 1997
HAND DELIVERY
George Krempl
Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Laidlaw Exclusive Franchise
Dear Mr. Krempl
This is to notify you that, in accordance with Section 8.23.030 of the Waste
Management Franchise, and as thereafter amended, Laidlaw Waste Systems, Inc.
hereby exercises its option to extend the franchise term of its franchise to collect and
dispose of refuse and to use the public streets within the City of Chula Vista.
Very truly yours,
, .
aniel P. Higgin
General Manager
Isb
~ -;fA.
P.O. BOX 967 . Chula Vista, California 91912 . (619) 421-9400 . FAX (619) 421-0841
exclufm.doc
Recycled Paper
TEL:
Aug 25,97 15:20 No.004 P.02
81841/114'.
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LAIDLAW WASTE SYSTEMS
August 25, 1997
YJA FACSIMILE & Urlo MAIL
Mr. George Krempl
Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Laidlaw Waste Systems Exoluslve Franchise
Dear Mr. Krempl:
Thank you for the copy of the Council Agenda Statement for Its meeting dated August
26,1997, and proposed Resolution No. 18763.
The franchise provides that the grantee is provided two-five year renewal options "if the
grantee Is not in breach of this ordinance and has performed in the manner found
satisfactory by the City." We timely exercised the grantee's option to extend the
frenchise and have performed satisfactOrily. However, if staff requires additional time
to explore the subject of the grantee's satisfactory performance, we are pleased to
continue those discussions.
You also provided a copy of the IIQenda items for our discussions with staff. The
agenda sets forth matters thet we are always willing to go over with you and Mr.
Meacham. We will provide to you further Information to follow up on those discussions
shortly.
~'-
D 'IPH'~ ~
anle . Igglns
General Manager.
Isb
P.O. BOX 967 . Chula Vista, Call1omla 111912 . (819) 421-9400 . FAX (619)421-0641
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COUNCIL AGENDA STATEMENT
Item
/7
Meeting Date 8/26/97
ITEM TITLE:
Resolution /!57&' ~ppropriating $163,665 in unanticipated
revenue, waiving the City's formal bidding process and
awarding aviary contract to American Steel Builders Inc. to
construct a Clapper Rail Aviary at the Nature Center.
}J-\
SUBMITTED BY:
Executive Director, Bayfro.~t Conservancy Trust
I'"
City Manager~~. /ltllil
(\v /'
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(4/5ths Vote: Yes_X_No_)
REVIEWED BY:
This item requests authorization to complete the final phase (III) of the Clapper Rail Exhibit. Entire
funding of this project has come from outside sources and no City funds will be used on this exhibit.
Council approved Phase I construction and awarded a contract for it on 9/19/95 and another for Phase II
construction on 3/26/96. The final phase consists of construction of the aviary and design and
installation of the interpretive features.
RECOMMENDATION: That Council 1) appropriate $163,665 of unanticipated revenue from
donations to account 415-4150-5533 to complete the exhibit, 2)waive the formal bidding process, 3)
award the contract to American Steel Builders Inc. (ASBI) to construct the aviary in the amount of
$107,120; 4) authorize the Executive Director to contract for the design and installation of interpretive
features, and 5) authorize the Mayor to execute the aviary contract.
BOARD/COMMISSION RECOMMENDATION: The Bayfront Conservancy Trust Board of
Directors authorized and directed the Executive Director to construct the exhibit as soon as possible
(Resolution #70, 1/24/95, 5-0 Minutes from that meeting are attached).
DISCUSSION:
The Clapper Rail Project is a comprehensive plan to prevent the extinction of the most seriously
endangered species in San Diego Bay, the Light-footed Clapper Rail. This is a multifaceted project
that depends on community support and many volunteers. It includes endangered species, coastal
wetlands and a bilingual (English/Spanish) curriculum of environmental education on wetland
restoration and the conservation of endangered species. This project promotes a strong conservation
ethic for saving wetlands and endangered species through volunteer participation and hands-on
education programs. Saving coastal wetlands in general and a critically endangered species in
particular, within the San Diego Bay, has both regional and national significance by demonstrating a
concern for the natural resources of the U.S.
The Light-footed Clapper Rail (Rallus longirostris levipes) was both State and Federally listed as
endangered by 1973 and now occurs in fewer than 15 coastal wetlands from Santa Barbara to San
Quentin, Baja California, Mexico. There are only about 550 Light-footed Clapper Rails in Southern
California and the scarcity and limited distribution of this species puts it in imminent danger of
extinction.
In July of 1992 the US Fish and Wildlife Service asked the Chula Vista Nature Center to care for a
Light-footed Clapper Rail and to become the only museum in the world to exhibit that species. In
response, the Nature Center developed a comprehensive plan to save Light-footed Clapper Rails from
?~/
2
extinction. The purpose of the Clapper Rail exhibit is to provide a home for nonreleasable birds, to
educate the public about wetland ecosystems and Clapper Rails. The Bayfront Conservancy Trust
(BCT), a public benefit, nonprofit corporation has raised funds for the exhibit design and construction.
None of these funds is from the City of Chula Vista and all must be used exclusively for the Clapper
Rail Exhibit. A list of all donors to the exhibits is presented as Exhibit A.
Pursuant to the Three Party Agreement between City of Chula Vista, Redevelopment Agency of
Chula Vista, and Chula Vista Bayfront Conservancy Trust for a Lease, Loan, and Operating
Agreement for the Chula Vista Nature Interpretive Center, the City Manager approves any
improvement to the Nature Center. Under ~ 3.7.3 of that agreement, the BCT is subject to the
City's purchasing procedures as outlined in ~2.56 of the Municipal Code and therefore needs the
approval of the Chula Vista City Council to waive the formal bidding process and award the
contract. The bid requirement of the Public Contracts Code does not apply to the BCT because it
is not an entity regulated by that code.
The California Coastal Commission issued a construction permit for the project (Coastal development
Permit #6-94-104/BP) on 9/16/94. That permit was issued as a modification to an existing structure
under CVCP #001, 6-89-179. Doug Reid, Environmental Review Coordinator, has reviewed the project
for CEQA compliance and determined that the project is a Class 1 (e) (2) facility which is exempt from
environmental review. After a City of Chula Vista Building permit has been issued, we intend to issue
a Notice of Exemption. The US Fish and Wildlife Service has issued a permit to hold and exhibit the
endangered, Light-footed Clapper rail (USF&W Special Possession Permit #771283, effective 1/1/95 -
12/31/97).
We have divided the exhibit construction into three phases. The total cost of the project is estimated
to be $375,000. Phase I was the boardwalk and tidal slough and cost $155,000. Phase II is a small
building for isolating sick or injured birds, raising food and equipment storage and cost $55,000. Phase
III is aviary and interpretive features estimated to cost not more than $165,000.
The justifications for waiving the bidding process and awarding the contract forthwith are detailed
below.
1. HIGHLY SPECIALIZED SOLE SOURCE
Zoo construction requires special knowledge and experience. This is a sensitive, endangered species
which requires special considerations for exhibition, life support and husbandry. This project uses a
specialized screen known as zoomesh and requires an experienced contractor to install it. American
Steel Builders Inc. has visited our site and prepared their bid. ASBI has built similar enclosures at
zoos and aquaria all over the world including: Miami Zoo, Osaka Aquarium, Indianapolis Zoo, Shedd
Aquarium and the New Jersey Aquarium. After meetings and consultation with our exhibit designer, we
are confident that together they can handle the complexity of this project. We have not been able to
locate another contractor who is experienced in installing this specialized material.
Our goal is to secure an experienced contractor who can perform excellent work within a short time
period without any errors or omissions which could result in harm to or loss of this critically
endangered species.
2. SHORT WINDOW OF OPPORTUNITY TO BUILD
There are seven rare and endangered plants and animals that live in the Sweetwater Marsh National
Wildlife Refuge and their protection and conservation is a central goal of the Refuge. The reproductive
activities of three of those species (Bleeding's Savannah Sparrow, California Least Tern and the
Light-footed Clapper Rail) result in a seasonal closure of part of the Refuge and restriction on
construction activities from April 15 through August 15, of each year. Consequently there is a narrow
window of opportunity to build the exhibit.
After bid documents are prepared, the standard bidding process takes 3 - 4 months from the time of
project advertisement to complete. Realizing that the time constraints of the formal bidding would
result in postponement of construction another year and that no other experienced and qualified
contractors with this material are available, we are requesting a waiver of that process to award the
Phase III contract and begin construction forthwith.
7~2
3
The intake structure which provides the salt water for the exhibit has already been installed and
capped. It is important to flow water through those pipes and the wet-well as soon as possible to keep
them clear from biofouling organisms.
Other than waving the formal bidding process, this project will follow other City of Chula Vista
standard procedures. A copy of a City of Chula Vista's Standard Two Party Agreement for the contract
has been approved by the City Attorney and is attached as Exhibit B. The two party agreement will
stipulate that all work is to be completed for the contract amount and that no change orders will be
accepted. We will use the City of Chula Building Services Division to manage the construction of
Phase III and provide construction oversight.
FISCAL IMPACT:
There will be no significant financial impact on the City because no City funds will be spent on this
project. All of the funding for this project comes from private and corporate donors and from an
Environmental License Plate Fund grant administered by the State Coastal Conservancy. A total of
$135,665 will come from the Clapper Rail donations account (account #415-3670) and $28,000 comes from
the Hank and Ida Holland estate (account #401-4011).
City support of the construction, by the City of Chula Vista Building Services Division (expected to be
about $1,000) will be charged to the BCT under the terms of the Lease, Loan, and Operating
Agreement for the Chula Vista Nature Interpretive Center.
The total cost of the project is estimated to be $375,000. Phase I was the boardwalk and tidal slough
and cost $155,000. Phase II is a small building for isolating sick or injured birds, raising food and
equipment storage and cost $55,000. Phase III is aviary and interpretive features estimated to cost no
more than $165,000.
?-J
RESOLUTION NO. / f{?~ '/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $163,665 IN
UNANTICIPATED REVENUE, WAIVING THE CITY'S
FORMAL BIDDING PROCESS AND AWARDING AVIARY
CONTRACT TO AMERICAN STEEL BUILDERS INC. TO
CONSTRUCT A CLAPPER RAIL AVIARY AT THE NATURE
CENTER
WHEREAS, the Clapper Rail Project is a comprehensive plan
to prevent the extinction of the Light-footed Clapper Rail; and
WHEREAS, the Bayfront Conservancy Trust ("BCT") has
raised funds for the exhibit design and construction and staff is
requesting authorization to complete the final Phase III of the
exhibit; and
WHEREAS, the BCT is subject to the City's purchasing
procedures as outlined in Chapter 2.56 of the Municipal Code and
therefore needs the approval of the Chula vista City Council to
waive the formal bidding process and award the contract; and
WHEREAS, realizing the time constraints of formal bidding
would result in postponement of construction another year and that
no other qualified contractors are available, staff is requesting
a waiver of that process to award the Phase III contract in order
to begin construction forthwith; and
WHEREAS, the Environmental Review Coordinator has
reviewed the project for CEQA compliance and determined that the
project is a Class l(e) (2) facility which is exempt from
environmental review.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby waive the City'S formal bidding
process and award the aviary contract to American Steel Builders,
Inc. in the amount of $107,120 to construct a Clapper Rail Aviary
at the Nature Center, a copy of which shall be kept on file in the
office of the City Clerk as Document No.
BE IT FURTHER RESOLVED that the Executive Director of the
Bayfront Conservancy Trust is hereby authorized to contract for the
design and installation of interpretive features.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized to execute the aviary contract.
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate $163,665 of unanticipated revenue from donations to
Account 415-4150-5533 to complete the exhibit.
Presented by
Approved as to form by
Stephen Neudecker,
Director, Bayfront
Trust
C:\rs\claprail.III
Executive
conservancy(
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MINUTES OF THE BA YFRONT CONSERVANCY TRUST
Board of Directors' Meeting
January 24, 1995
1:40 PM - Chula Vista Nature Center
I.
ROLL:
Dr. Stephen Neudecker opened the meeting and called the roll.
PRESENT:
Dr. Patrick Abbot, Susan Cole for Bob Powell, Mari Hoffmann for Tom
Alexander, Deborah Lee, Mayor Shirley Horton, Judy Schulenberg
ALSO PRESENT:
Barbara Moore, Jim Thomson
EXCUSED:
Tom Alexander, Susan Fuller, Isabelle Kay, Dan Wilkens and
Fred Worthley
ABSENT:
George Waters, Adnan Zakkout
II. ACTION: MINUTES OF THE NOVEMBER 22,1994 MEETING
MSC: (Lee/Hoffmann) to approve the minutes of November 22, 1994, approved 4-0 with Mayor
Horton abstaining.
III. INFORMATION: Otay Ranch Preserve Manager Opportunity. Presented by the Executive
Director. Dr. Neudecker and Dr. Hager of the Natural History Museum are continuing
discussions. They have concerns with law enforcement and would want to contract it out to the Chula
Vista Police Department, USF&WS or the Bureau of Land Management. There are a large number of
transients and it is close to the border. Requests are being made for qualifications for teams to present
proposals. Both Dr. Neudecker and Dr. Hager are uncomfortable with the way the Project is being
considered, doing things ahead of others. There will also be active recreational uses and they do not
want to be in a position to manage a golf course, etc. They bring the ability to operate and manage a
Center, environmental education, coordination and scientific research. They do not want to be in a
position to raise money for the Project. If it is not self sustaining, they both have problems with going
ahead with the Project. The Board has already directed Dr. Neudecker to not divert resources from
the Nature Center. The San Diego County Parks is a competitor, but does not have the experience in
programs, environmental education, exhibits and operation of Nature Centers. They are also
understaffed. Dr. Neudecker also has concerns that being a general contractor would put the Nature
Center in a position to be liable for the subcontractors.
IV. INFORMATION: Status of Volunteer and Public Programs. Presented by the Coordinator of
Volunteer and Public Programs. Barbara Moore reported that Susan Fuller was unanimously
elected on 1/21/95 to be the volunteer's representative on the Board. Barbara calculated the total
volunteers hours to date (84,688 hours) and at minimum wage ($4.25) that totals $359,924 in volunteer
time. Critter Chit Coot is now being held on Sundays to replace the programs that were presented by
Project Wildlife. We have been doing quite a few outreach programs and presenting Nature Center
animals to various groups. We are preparing educational kits for a program called Conference Kids. It
will provide hands-on educational activities for children whose parents are attending conferences.
Proceeds from the kits will go to the BCT. Attendance at the walks at Loews Coronado Bay Resort is
increasing. The hotel provides brunch or dinner for two to each docent who leads a walk. In April there
will be a workshop with I Love a Clean San Diego for high school and junior high teachers. Grant
funds will pay for the workshop. There will be a Gyotaku exhibit here May 15 through September 15.
There will be public demonstrations and a reception towards the end of May. KIFM was given a large
stack of family-fun-packs of tickets to pass out at events or through their advertising. On
7-3
Environmental Awareness Day, February 11, 1995, there will be a walk from F Street and everyone who
participates will get free admission to the Nature Center.
v . INFORMATION: Attendance and ticket revenues for September and October, 1994. Presented
by the Executive Director. Attendance in November and December are usually low. We had
the same attendance (19,546) that we did last year. While our attendance is down, the quality of our
public programs has gone up.
VI. INFORMATION: Schedule of meetings of the Board of Directors of the Bayfront Conservancy
Trust. Presented by the Executive Director. A list of the 1995 meetings was provided to the Board.
They will be on the fourth Tuesday of the month with the exception of the July 22 meeting which will
be held on Saturday before the Volunteer Appreciation Dinner. Dr. Neudecker will be attending the
AAM conference in May and will be unable to attend the May 23, 1995 Board of Directors meeting.
VI. ACTION: Authorizing the Executive Director to request bids and begin construction of the Clapper
Rail Exhibit. Presented by the Executive Director. We now have the Coastal Development Permit
necessary to build the exhibit. Exhibit plans have been reviewed by the Building and Housing
department. We are now ready to request bids for Phase 1 of the exhibit which includes the boardwalk
and the tidal slough. These two elements have to be built together. The intake and discharge pipes
and wet well have already been installed. Once this phase is built it will help us raise money for the
other phases. In the meantime the vegetation will grow and the habitat will be available for wild
birds. We still have $65,000 left from the ELP grant and we have raised $25,000. The National Fish &
Wildlife Association is interested in funding the exhibit and has asked for a proposal for captive
breeding. The USF&WS Clapper Rail group is essentially defunct so we are well-positioned to develop
captive breeding protocols. We would like to hire our long time Curator of Birds, Christina Simmons to
manage the captive breeding program. We have a major donor coming out next week. Recently we
received $10,000 ($5,000 already received and $5,000 pledged for 1996) from a Sacramento legal firm
that does a lot of the legal work for the Otay Ranch Project and $4,000 from the Frost Foundation in
New Mexico. With the completion of Phase 1, we should get a lot of publicity to assist fundraising
activities to complete the rest of the exhibit. Dr. Neudecker asked the Board for authorization to
request bids and begin construction of Phase 1.
MSUC: Hoffmann/Abbott to approve authorizing Dr. Neudecker to request bids and begin construction
of Phase 1, 5 to O.
VIII. DIRECTOR'S REPORT:
Development Ideas
Up to now we have been concentrating on raising money in large amounts, but there is a lot to be made in
small amounts. Dr. Neudecker proposed raising money on the Internet by asking people to e-mail
donations to us. He is developing a multimedia presentation for that purpose. During the ANCA
conference in Louisiana last year he came up with an idea called the Ecoplayhouse. World renowned
architects would design a 200 to 300 square foot playhouse that would use good environmental design
including solar and recycled materials. It could be presented on Nickelodeon during October and
November, asking kids to buy lottery tickets to win the playhouse. It would be a national drawing and
would be put together with the Audubon Institute. Dr. Neudecker is looking for unique and different
approaches to raising money.
Shuttle-bus Station
The Station is completed. We have two banners, Welcome to the City of Chula Vista and The
Sweetwater Wildlife Refuge for display at the station. We have taken these down because of the
storms. The sign looks really nice when it is lighted at night. The City of Chula Vista redid the
asphalt around the pad to improve disabled access. We now have a presence on the bayfront.
7-(/
IX. CHAIRMAN'S AND MEMBERS' COMMENTS:
Mayor Horton stated that she was pleased to be on the Board and would do her best to help raise money
for the Nature Center's Clapper Rail exhibit. She also complimented the appearance of the Shuttle-
bus Station. Barbara Moore added that the Nature Center has been adopted by the Advertising Arts
College for a third year. The design for the Station came from one of their students last year. They are
designing signs to attach to the parking meters to help encourage children to put in money as a donation.
The birthday parties are booked through February. Tina Matthias has done an excellent job on this
program. Judy Schulenberg suggested that we make the Clapper Rail (which sulks and hides) cuter to
get people to care more for it. Dr. Neudecker stated that Dr. Joe Jell at Hubbs Research at Seaworid
suggested that information on the Black Rail be included in the Clapper Rail exhibit. This bird was in
the same position as the Clapper Rail 70 years ago and is now extinct in San Diego County. The entire
Board agreed that more emphasis should be placed on the sound the Clapper Rail makes or as Judy
Schulenberg added, it would be called The Silence of the Marsh. Dr. Abbott announced that his book,
Natural Disasters, has just gone to the publishers. Mari Hoffmann said that it nearing the season for
nesting and the 0 Street area is being prepared. Staff from the Salton Sea Refuge are clearing
vegetation from the site in preparation for placement of the decoys and drain tiles. Hydrologists are
doing work in the Refuge with Dr. Joy Zelder and the Phil Williams Consulting firm. The homeless
people have moved and Public Works did a great job clearing the area. The Paradise Slough is being
vandalized by mud thieves. The other night they found 40 buckets of mud so they dumped them and
took the buckets. The mud is being used to pack the legs of race horses. Western Salt has the contract to
provide mud, but the thieves are renegades. Deborah Lee welcomed Mayor Horton and stressed how
important it is to have the Mayor on the Board.
IX. ORAL COMMUNICATIONS
None.
Adjournment at 2:35 PM to the next scheduled meeting of March 28, 1995 at 1:30 PM.
Dr. Stephen Neudecker
Executive Director
Bayfront Conservancy Trust
?~?
RESOLUTION 70
RESOLUTION OF THE BA YFRONT CONSERVANCY TRUST
AUTHORIZING THE EXECUTIVE DIRECTOR TO REQUEST BIDS AND
BEGIN CONSTRUCTION OF THE CLAPPER RAIL EXHIBIT
The Bayfront Conservancy Trust does hereby resolve as follows:
WHEREAS, the US Fish and Wildlife Service has asked the Chula Vista
Nature Interpretive Center to design and construct a Clapper rail exhibit and to care
for nonreleasable birds; and
WHEREAS, the Board of Directors of the Bayfront Conservancy Trust
authorized the design and development of a Clapper Rail Exhibit in Resolution
Number 62 (September, 1992).
NOW, THEREFORE, BE IT RESOLVED that the BCT hereby authorizes the
Executive Director to continue to raise funds, request bids and construct a Clapper
rail exhibit.
Presented by:
Stephen Neudecker
Executive Director
7-Y
Agreement between
City of Chula Vista
and
American Steel Builders Inc.
for labor and materials to install the Clapper Rail aviary mesh enclosure.
This agreement dated September 1, 19976 for the purposes of reference only,
and effective as of the date last executed is between the City of Chula Vista as is
indicated as (City) and the American Steel Builders Inc., as is indicated as (ASB),
whose corporation, and whose place of business and telephone numbers are set
forth on Exhibit A, paragraph 6 ASB and is made with reference to the following
facts:
Whereas, American Steel Builders Inc . 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 them to the Chula Vista Nature Center as is indicated as
(CVNC) within' the time frames herein provided all in accordance with the terms
and conditions of this Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and ASB do hereby
mutually agree as follows:
1. ASB Duties
A. General Duties
ASB 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", ASB 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 CVNC
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
7/fh-9
Page 1
City may independently, or upon request from ASB, from time to time reduce
the Defined Services to be performed by ASB under this Agreement. Upon doing
so, City and ASB agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation associated with said
red uetion.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may
require ASB 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 ASB, ASB 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
ASB, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that
level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions and in similar locations.
F. Insurance
ASB represents that it and its agents, staff and subconsultants employed by it
in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following 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 Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined
single limit applied separately to each project away from premises owned or rented
by ASB, 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
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Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
ASB shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the
policies may not be canceled without at least thirty (30) days written notice to the
Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage. required under ASB'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.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for ASB
to provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then ASB
shall provide to the City a performance bond by a surety and in a form and amount
satisfactory to the Risk Manager or City Attorney! which amount is indicated in the
space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for ASB
to provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then ASB shall
provide to the City an irrevocable letter of credit callable by the City at their
unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that ASB is in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the
term, "Letter of Credit", in said Paragraph 19, Exhibit A.
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(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
ASB to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then ASB shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager
or City Attorney.
I. Business License
ASB agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation.
, "
City shall regularly consult ASB 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 ASB 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 ASB's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from ASB submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate ASB for all services rendered by ASB according to the terms and
conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate ASB for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by ASB shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and
payable thereunder is proper, and shall specifically contain the City's account
number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
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3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated
on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized
by said party to represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided
in Exhibit A, Paragraph 14.
It is acknowledged by both parti~s 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, ASB 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 ASB'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 ASB
A. ASB is not Designated as an FPPC Filer.
If ASB is designated on Exhibit A, Paragraph 15, as an "FPPC filer", ASB 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
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determined by the City Attorney.
B. Decline to Participate.
Regardless of whether ASB is designated as an FPPC Filer, ASB shall not
make, or participate in making or in any way attempt to use ASB's position to
influence a governmental decision in which ASB knows or has reason to know
ASB has a financial interest other than the compensation promised by this
Agreement.
M. Search to Determine Economic Interests.
Regardless of whether ASB is designated as an FPPC Filer, ASB warrants and
represents that ASB has diligently conducted a search and inventory of their
economic interests, as the term is used in the regulations promulgated by the Fair
Political Practices Commission, and h<j.s determined that ASB does not, to the best of
ASB's knowledge, have an economic interest which would conflict with ASB's
duties under this agreement. ' '
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether ASB is designated as an FPPC Filer, ASB further
warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a
conflict of interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether ASB is designated as an FPPC Filer, ASB further
warrants and represents that ASB will immediately advise the City Attorney of City
if ASB learns of an economic interest of ASB's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations
promulgated thereunder.
F. Specific Warranties Against Economic Interests.
ASB warrants and represents that neither ASB, nor ASB's immediate family
members, nor ASB's employees or agents ("ASB Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject
matter of the Defined Services, or in any property within 2 radial miles from the
exterior boundaries of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15.
ASB further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
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ASB or ASB Associates in connection with ASB's performance of this Agreement.
ASB promises to advise City of any such promise that may be made during the
Term of this Agreement, or for 12 months thereafter.
ASB agrees that ASB 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.
ASB may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with ASB's responsibilities under
this Agreement, except with the written permission of City.
7. Hold Harmless
ASB shall defend, indemnify, protect and hold harmless the City, its elected
and appointed officers and employees,. from and against all claims for damages,
liability, cost and expense (including,~ithout limitation attorneys' fees) arising out
of the conduct of ASB, 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 misconduct of the
City, its officers, or employees. ASB'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, ASB 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. ASB's indemnification of City shall not be limited by any prior or
subsequent declaration by ASB.
8. Termination of Agreement for Cause
If, through any cause, ASB shall fail to fulfill in a timely and proper manner
ASB's obligations under this Agreement, or if ASB 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 ASB 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 ASB shall,
at the option of the City, become the property of the City, and ASB 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 ASB's breach.
9. Errors and Omissionsd
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In the event that the City Administrator determines that ASB's 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, ASB 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 ASB 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, ASB
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. ASB 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 ASB shall not assign
any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City
hereby consents to the assignment of the portions of the Defined Services identified
in Exhibit A, Paragraph 17 to the sub consultants identified thereas "Permitted
Sub consultants" .
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 ASB 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
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City is interested only in the results obtained and ASB shall perform as an
independent contractor with sole control of the manner and means of performing
the services required under this Agreement. City maintains the right only to reject
or accept ASB's work products. ASB and any of the ASB's agents, employees or
representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are entitled including but
not limited to, overtime, retirement benefits, worker's compensation benefits,
injury leave or other leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax, and Consultant shall
be solely responsible for the payment of same and shall hold the City harmless with
regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against
the City unless a claim has first been ,l'fesented 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, ASB shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to recover all reasonable costs incurred in the
defense of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that ASB prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, ASB 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. ASB is not authorized to Represent City
Unless specifically authorized in writing by City, ASB shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
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B. ASB is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, ASB 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, ASB represents that neither ASB, 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 busin.ess for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego
County, State of California, and if applicable, the City of Chula Vista, or as close
thereto as possible. Venue for this Agreement, and performance hereunder, shall be
the City of Chula Vista.
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Signature Page
to
Agreement between City of Chula Vista and American Steel Builders Inc.
for labor and materials to install the Clapper Rail mesh enclosure.
IN WITNESS WHEREOF, City and ASB have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full
and complete consent to its terms:
Dated:_____________, 19
City of Chula Vista
by.
'---------------------
Shirley Horton, Mayor
Attest:
----------------------------
Beverly Authelet, City Clerk
Approved as to form:
--------------------------------
John M. Kaheny, City Attorney
Dated:
American Steel Builders Inc.
By.
"-----------------------
Jon Borowitz, Project Manager
Exhibit List to Agreement
(X) Exhibit A.
Page 11
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Exhibit A
to
Agreement between
City of Chula Vista
and
American Steel Builders Inc.
1. Effective Date of Agreement:
November 1. 1997
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
------------------------------------------
(X) Other: Bayfront Conservancy Trust. a 501(c)(3). a public benefit.
nonprofit corporation
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: American Steel Builders Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
8828 Corporation Drive
Indianapolis, Indiana 46256
Voice Phone (317) 826-2010
Fax Phone (317) 826-2005
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7. General Duties:
ASB shall furnish all labor, material, supervision and equipment as necessary
to furnish and install all stainless steel support cables and associated Electroline
fittings, and all sewn aviary mesh panels and compression bars to the structures
shown on the Project Drawings. A field superintendent will be on site during the
entire duration of the work and will include his associated travel and living
expenses. Also included is the custom fabrication of the stainless steel pieces which
will connect the steel poles and the support cables.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
ASB will install aviary mesh in accordance to the specifications & drawings
provided in the Project Manual and 11 accompanying drawings prepared by The
Portico Group, dated 8/9/93.
B. Date 'for Commencement o(Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: September 1, 1997
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Move on site 11/1/97
Deliverable No.2: 2/3 Completion - 11/15/97
Deliverable No.3: 12/1/97
D. Date for completion of all Consultant services:
December 1, 1997
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.
(X) 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).
Page 13
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10. Materials Required to be Supplied by City to Consultant:
None.
11. Compensation:
A. () 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:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim
monthly advance~ against the compensation due for each phase
on a percentage of completion basis for each given phase such
that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be
considered as interest free loans which must be returned to the
City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or
percentage set forth in Paragraph 19 is to be applied to each
interim payment such that, at the end of the phase, the full
retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in
the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other
person as the City Manager shall designate, but only upon such
proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage
of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances
shall not convert this agreement to a time and materials basis of
payment.
B. (X) 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,
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7-22
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. Commencement $35,706.67 less 10% retention
2. 2/3 Completion $35,706.67 less 10% retention
3. Completion $35,706.67 less 10% retention
4. Retention within 14 days of successful completion
() 1. Interim Monthly Advances. The City shall make interim
monthly advances against the compensation due for each phase
on a percentage of.completion basis for each given phase such
that, at the end of ~ach phase only the compensation for that
phase has been paid. Any payments made hereunder shall be
considered as interest free loans which must be returned to the
City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or
percentage set forth in Paragraph 19 is to be applied to each
interim payment such that, at the end of the phase, the full
retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in
the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other
person as the City Manager shall designate, but only upon such
proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage
of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances
shall not convert this agreement to a time and materials basis of
payment.
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:
Page 15
7~;2.J
(1) (X) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the Defined
Services herein required of Consultant for $ 107.120 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 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
-----------------------------
---------------------
-----------------------------
---------------------
-----------------------------
---------------------
-----------------------------
---------------------
() Hourly rates may increase by 6% for services rendered after
January 15, 1998, if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by ASB in the performance of
services herein required, City shall pay ASBt at the rates or amounts set forth below:
2. This section should be completed in all cases--if the main
compensation scheme is a "time and materials arrangement" or for
the purposes of requiring Additional Services.
7 ~c2 (
Page 16
(X) None, the compensation includes all costs.
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
() Other Actual Identifiable Direct Costs:
not to exceed $
not to exceed $
Cost or Rate
13. Contract Administrators:
City: Dr. Stephen Neudecker; Executive Director, Chula Vista Nature Center,
1000 Gunpowder Point Drive, Chual Vista, CA 91910, (619) 422-8100
ASB: Jon Borowitz, Project Manager, American Steel Builders Ine., 8828
Corporation Drive, Indianapolis, Indiana 46256, (317) 826-2010
14. Liquidated Damages Rate:
(X) $200 per day.
( ) Other:___________
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict
of Interest Code:
(X) Not Applicable. Not an FPPC Filer.'
3. If Consultant, in the performance of its services under this
agreement: 1) conducts research and arrives at conclusions with
respect to its rendition of information, advice, recommendations
or counsel independent of the control and direction of the City or
of any City official, other than normal contract monitoring; and
2) possesses no authority with respect to any City decision beyond
the rendition of information, advice, recommendations or counsel,
Consultant should not be designated as an FPPC Filer.
? -;2~
Page 17
( ) 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 th~ City of Chula Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or
equipment.
() Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to
provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial
miles of Project Property, if any: None
16. ( ) Consultant is Real Estate Broker and/ or Salesman
17. Permitted Subconsultants:
--------------------------------
--------------------------------
--------------------------------
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18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Per stipulation in Section 11, Compensation, B Phased Fixed
Fee Arrangement
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
D. City's Account Number: 415~4150-5533 and 400-4011
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:___________________________
Amount: $~____
(X) Retention. If this space is checked, then notwithstanding other
provisions to the contrary requiring the payment of compensation to
the Consultant sooner, the City shall be entitled to retain, at their
option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
(X) Retention Percentage: 10%
(X) Retention Amount: $10,712
Retention Release Event:
(X) 14 days after Completion of All Services
( ) Other:_______________________________
n
CHULA VISTA
NATURE
CENTER
~-:=
')-;2 ?
Page 19
Page I, Item
Date: August 26. 1997
Z5'
COUNCIL AGENDA STATEMENT
Item Title:
,/
Il (Resolution / f5?t--.> amending Fiscal Year 97-98 budget to appropriate
$32,412 from telecenter revenue to support the City ofChula Vista Telecenter
project.
g.
Resolution /2f ? ~ 6> approving renewal of a month to month lease
agreement with Kelton Title Corporation for the City of Chula Vista Telecenter
project.
Submitted by: Environmental Resource Manager"::S; ,,\: 0
Telecenter Director ~C'k
Reviewed by: City Manag::Jj ~ ~~t~te: Yes X No--.J
The East H Street Telecenter has been open for three years, during which time it has been funded solely
by grants. These grants have been used as seed money to establish and operate the telecenters while
working toward self sufficiency. Due to the limited availability of telecenter grant funding, Council was
given a supplemental budget report requesting an additional $15,109, as part of the adoption ofthe FY
97/98 budget. Council placed the telecenter request on the wishlist and due to competing priorities, these
funds were not available, so staff has re-evaluated the remaining grant funds and is recommending that
those funds be appropriated to allow for operation of the telecenter through April 1998.
On June 14, 1994, the City Council approved a one year lease agreement between the City and Kelton
Title Corporation for the East H Street Telecenter. This action simply extends the existing lease
agreement, with month to month flexibility, under the same terms. The lease has been structured so there
will be no penalty if the telecenter closes prior to June '98.
RECOMMENDATIONS:
It is staffs recommendation to:
. Approve resolution appropriating $32,412 from telecenter revenue to the Energy Conservation Fund
280-282 I Telecenter Budget.
. Approve resolution extending lease agreement between the City and Kelton Title Corporation for
telecenter space at 1550 East H Street.
BOARDS/COMMISSION RECOMMENDATIONS: N/A.
DISCUSSION:
The telecenter program was established in 1994 with two facilities fully funded by grants received from
agencies such as the County of San Diego, Air Pollution Control District, the University of California,
Davis, and CALTRANS. The original goal of the program was to evaluate telecenters as a viable means
of transportation demand management, with the intent that the telecenters would become self sufficient
5f --j
Page 2, Item
Date: August 26. 1997
by the third year of operations. The initial grants received were intended to fund only the establishment
ofthe program and never intended to support on-going annual operating costs past the first three years.
In order to maximize the remaining funds, we were recently forced to consolidate the telecenters into one
facility to extend the life of the program.
As part of the final adoption of the FY 97/98 budget, staff prepared Supplemental Budget Report #5,
outlining options for continued operation of the telecenter with a $15,109 request from the General Fund
to provide a bridge between current available funding and anticipated grant funding which would not be
available until FY 98i99. Council placed the telecenter request on the wishlist and due to competing
priorities, these funds were not available. The grant funding which was anticipated for FY 98/99 was
based on an anticipated appropriation as part of the state process which at this point has not been
included in the Governors proposed budget. Staff has applied for one grant for FY 97/98 and two grants
for FY 98/99. Staff will continue to apply for additional grant funding to allow for extending telecenter
operations beyond the available funds.
Remaining Revenue:
The telecenters have generated $26,412 in revenue from telecenter usage from previous years, and it is
anticipated that an additional $6,000 will be received in the current year for a total of $32,412. Since the
level of operation in the current year was unknown, pending the general fund support, no funds for
telecenter operations were appropriated. Staff is recommending appropriation of this available revenue,
which will provide a funding bridge to operate the telecenter through April '98, while staff attempts to
identify other funding sources.
Appropriation Request:
In order to stretch these available funds as far as they can go, staff has prepared a budget which will
provide only basic service levels of operation. The operating hours will continue to be normal business
hours, and services will continue to be offered with no change to telecommuters, as well as renters.
Attached is the proposed line item detail appropriation which will allow for telecenter operations through
end of April 1998.
Staff is working to expand upon existing telecenter technology in order to provide additional benefits to
contracted telecommuters and renters, as well as to attract new community members into the telecenter
program. A partnership is being finalized with a new local Internet Service Provider who recently
moved into Chula Vista. This partnership, will provide telecenter staff and community members an
Internet access point.
As directed by Council, staff will continue to coordinate with the Library staffto explore a possible
incorporation of aspects of Telecenter operations within Library operations.
Between now and April 1998, staff will be applying for additional grants. Staff should know by April
1998 whether or not we will be getting additional funds. If additional funds don't come through by the
end of March 1998 to supplement the telecenter, staff will be forced to begin a closure of the telecenter
that will be final the end of April 1998 . If the telecenter closes, this will be the completion of the
program as there will be no staff or facilities specifically devoted to program continuation and it will not
Y---;L
Page 3, Item
Date: Am!Ust 26. 1997
re-open. If this occurs, staff would return at a later date to address the Council on options to relocate
telecenter equipment. If additional funding becomes available, the telecenter will continue operating.
Lease Agreement:
On June 14, 1994, the Council approved a one year lease agreement between the City and Kelton Title
Corporation for the 1550 East H Street Telecenter in the Otay Lakes Plaza. Since that time, the Council
has continued to approve the City extending the lease agreement for the telecenter. The telecenter
facility is approximately 1,400 square feet and includes a front reception area, 10 workstations, a
conference room that holds 6 people, and break room amenities. The telecenter space is rented to the
City by Kelton Title Corporation for a rate that is calculated at $1.21 per square foot for a "gross rent" of
$1,700 monthly.
Staff has negotiated an exceptional rental rate for FY 97/98 with the telecenter's landlord, Kelton Title
Corporation. Under this newly negotiated rental agreement, Kelton temporarily reduced the City's
monthly rent by $500, through a one-time rental rate of$.86 gross per square foot, as opposed to $1.21
gross per square foot for the first three months of this fiscal year. The rent will revert to the original rate
of $1.21 gross in October of 1997. The $1.21 gross is significantly under market rate for the eastern area
already, but staff worked with Kelton and attempted to create a bridge to significantly reduce operating
costs to enable the telecenter to remain open for a longer period of time. The lease is structured so that
there will be no penalty if the telecenter closes prior to June '98, and the extension will allow the City to
continue renting from Kelton Title Corporation on a month-to-month basis. All other lease terms remain
the same.
FISCAL IMPACT:
Council action will result in appropriation of all $32,412 per Attachment 1, of revenue generated by the
City of Chula Vista Telecenters. There is no impact to the General Fund. The telecenter will continue to
generate revenue on an ongoing basis.
Attachments:
J. Energy Conservation Fund: Telecenter Revenue Appropriation
2. Addendum to Lease Agreement between the City and Kelton Title Corporation
3. Original Lease Agreement between the City and Kelton Title Corporation NOT SCANNE,./
JY~J
RESOLUTION NO. /~;7~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FISCAL YEAR 97-98 BUDGET
TO APPROPRIATE $32,412 FROM TELECENTER REVENUE
TO SUPPORT THE CITY OF CHULA VISTA TELECENTER
PROJECT
WHEREAS, the East H Street telecenter has been open for
three years during which time it has been funded solely by grants;
and
WHEREAS, these grants have been used as seed money to
establish and operate the telecenters while working toward self
sufficiency; and
WHEREAS, due to the limited availability of telecenter
grant funding, Council was given a supplemental budget report
requesting an additional $15,109, as part of the adoption of the FY
97/98 budget; and
WHEREAS, due to competing priorities, these funds were
not available, so staff has re-evaluated the remaining grant funds
and is recommending that those funds be appropriated to allow for
operation of the telecenter through April, 1998; and
WHEREAS, between now and April 1998, staff will be
applying for additional grants and sponsorship.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend the Fiscal Year 97-98 budget
by appropriating $32,412 from telecenter revenue to the Energy
Conservation Fund 280-2821 Telecenter Budget as set forth in
Attachment 1.
Presented by
Approved as to form by
~
Kaheny, Cit~y
Barbara Bamberger, Environmental
Resource Manager
(5~ ~I
Attachment 1
Energy Conservation Fund
Telecenter Revenue Appropriation
280-2821
Account Account Description 280-2821
5105 hourly wages $ 10,300.00
5141 pers $ 2,050.00
5143 MEDICARE $ 432.00
5211 advertising $ 671.00
5212 printing and binding $ 700.00
5218 postage $ 700.00
5221 travel, conferences and meetings $ 100.00
5251 utilities $ 400.00
5252 telephone $ 3,650.00
5269 city force-equip maintenance $ 700.00
5271 rentalslleases (3mo-1200, 9mo-1700) $ 12,409.00
5301 office supplies $ 150.00
5398 other commodities $ 150.00
TOTAL $ 32,412.00
:?r/J~J--,
Date: Au!!ust 26. 1997
RESOLUTION NO.
/ g'?~c:,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING RENEWAL OF A MONTH TO
MONTH LEASE AGREEMENT WITH KELTON TITLE
CORPORATION FOR THE CHULA VISTA TELECENTER
PROJECT
WHEREAS, on June 14, 1994, the City Council approved a
one-year lease agreement with Kelton Title Corporation for the
Eastern Telecenter at 1550 East H Street; and
WHEREAS, it is necessary to extend the existing lease
agreement, with month to month flexibility, under the same terms;
and
WHEREAS, the lease has been structured so there will be
no penalty if the telecenter closes prior to June 1998.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve renewal of a month to month
lease agreement with Kelton Title Corporation for the Chula vista
Telecenter Project.
Presented by
Approved as to form by
Barbara Bamberger, Environmental
Resource Manager
C: \ rs\ telcntr4
'ilL! - J
EXECUTIVE OFFICE
2716 OCE~""I PARK BLVD., SUITE 3006
SA.1\,TA MO!\'1CA, CAUFOR"\IA 90405.5207
PHONE (310) 396-4514
FAX (310) 399-0062
Angie Jarchow
CITY OF CHULA VISTA
1550 E. "H" Street, Suite "J"
ChuJa Vista, CA 91913
August 15, 1997
VIA FACSIMILE 619-656-3087
Re: Lease of 1550 E. "H" Street
Suite"J"
Chula Vista, CA
Dear Ms. Jarchow:
This letter is to document the agreement between Kelton Title Corporation and
the City of Chula Vista (dba: Chula Vista TeleCommuter Center) to continue the City
of Chula Vista's tenancy on a "month-to-month basis."
This tenancy would provide for the ability of either party to give thirty-day prior
written notice to the other of Lease termination.
Should the foregoing meet with the approval of the City of Chula Vista, we
would appreciate it if the appropriate person would sign below and return a copy of this
letter to our office.
We have very much enjoyed working with the City and hope that we will be able
to work together on new projects in the future.
Very truly yours,
KELTON TITLE CORPORATION
BY:PX~
Brooks R. Borror
Vice President
THE FOREGOING IS HEREBY ACCEPTED, AGREED TO, ACKNOWLEDGED
AND CONFIRMED THIS DAY OF , 1997.
CITY On CHU. LA VISTA
,~~{(Ct~
gg- 02,
L r: l\ S l:
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~::.J ~(/+r.....
THIS LEASE is entered into on the date set forth below by and
between the undersigned Landlord and Tenant.
Landlord in consideration of the covenants and subject to the
terms and conditions contained herein does hereby lease to Tenant the
premises described below to be Used only for the purpose set forth
below. The term of this lease shall commence and terminate as set
forth below. If "~-..11~r'" f-- aJ;1~. ria-~R "lRl,u~t c;I'
the premises to T~nant on or before said commence ,ere (f
shall be a proportionate deducti or the period between sai
-commencement da e me Landlord does deliver POssession of th
. '. m
. HERE
If this lease contemplates the construction of a new building
or the alteration of an eXisting one, Landlord (a) will start the
construction or alteration as SOen as plans and specifications are
completed and approved by Landlord and Tenant and ~ building permit is
obtained from the governmental agency having jurisdiction OVer the
premises and (b) will prosecute the work diligently to completion
unless prevented by strikes, lockouts, acts of God or other causes
beyond Landlord's control. Construction and commencement date shall
be governed by the terms of Exhibit "A".
.
If the building is not complete within twentY-four (24) months
from the date of execution of this lease, this lease shall terminate,
Tenant's deposits shall be refunded, and there shall be no further
liability of either party to the other.
FIRST: Tenant shall pay to Landlord, in legal tender, each
and every month during the term of this lease, as rent, eilJ._. (~) the
guaranteed monthly rent set forth below.
set forth below based upon Tenant's gross business done at
from the premises, whichever amount is greater. enant's
sublease or assignment of this lease, anteed monthly rent
shall be, in lieu of the amo orth below, the monthly average
of the total rent enant for the twenty-four (24) month period
precedin e of the aSSignment, but not less than the amount set
~
The guaranteed monthly rent shall be paid in advance on the
fir~t day of each month during the term of this lease, commencing with
the commencement date of the lease. If the commencement day is other
th~n the first day of the month, the guaranteed monthly rent for that
partial month shall be prorated from the commencement date to the
first day of the fOllOWing month. Till rln' ...,.teil a.....HI.~ l_ _
percent of Tenant's gross business is herein described as the
percentage rent and shall be paid as follows: Within 15 da er
the end of each month during the term hereOf, Tenant s send to
Landlord a statement in writing, certified by Te to be correct,
Showing the total gross business done at, d from the premises
during the preceding month and shal ompany each Such statement
with a payment to Landlord e ent to the percent set forth below
of the total gross busi one during said preceding month, less the
guaranteed monthl paid for such month. If the statement of the
percentage or any ~onth shows no percentage rental due for that
month n the guaranteed monthly rent previously paid shall be
"Y.:. l.LL.. "!l_!d!l ~l:i!li .UII!I" B8 biB!. i.F! '-),18 leas!. aha.ll ir.e-huff.
the entire gross receipts from sales and services of every kind and
nature, whether they are upon credit or for cash, from the bus s
conducted at, in and from the premises. Business upon Sholl be
deemed cash business, and shall be included in th _ ss bUSiness for
the period during which the merchandise or ces are delive~ed to
or rendered to customers, whether or ltle to the merchandise
passes with delivery. There s e deducted from gross receipts,
refunds or allowances ma customers and Such amounts as have been
inclUded in the am of gross receipts which are collected by Tenant
and paid by 0 the Federal, State or local governments for sales
taxes or excise taxes calculated and charged by Tenant on sale
-1-
10-85
'6!]J
~e~a~t &hall JiveF a~gArat& FEBsrds Bf ~ia ~ail~ Q~_~ b .
done at, in and from the premises, which shall "include not O~ly ....~......;;.;:>o
receipts from sales and services made or rendered on the premises
also receipts from sales and services originating at the premises'
made or rendered outside the premises, and Landlord shall have e
right at any and all times during regular business hours to amine
and inspect by ~imself, his agents or employees, all of t sales
books, tax reports, and other records of Tenant pertain. 9 to Tenant's
business conducted at, 1n and from the premises fort purpose of
investigating and verifying the truth and accuracy any statement of
gross business. And if any Such statement shall e found to be
willfully or substantially falsified, this Ie ,at the o~tion of
Landlord, may be cancelled and terminated, Landlord may avail
himself of any other remedy provided for this lease or at law. In
any event, if an investigation of Tena s records discloses an
understatement of the reported gross eceipts by more than two (2\)
percent, Tenant shall pay, as add' onal rent, Landlord's cost of the
investigation and any deficienc due Landlord.
The acceptance by dlord of any monies paid to Landlord by
Tenant as percentage ren , based upon any statement furnished by
Tenant, shall not be admission by Landlord of the accuracy of said
statement.
Notwit ending the aqreement contained herein for the payment
by Tenant ent based upon a percentaqe ot sales as hereinabove
provided, is expressly understood that Landlord shall not be
constru or held to be a partner or associate of Tenant in the
cond of the business in connection with this lease. The
re ionship between the parties hereto is, a~d shall at all times
, SECOND: IF TENANT OCCUPIES THE PREMISES AFTER THE EXPIRATION
n,'U DA E OF THIS LEASE, WITH THE CONSENT OF LANDLORD EXPRESS OR IMPLIED,
IHI~'I!'H s LEASE SHALL BE EXTENDED AS A TENANCY FROM MONTH TO MONTH, ON THE
E TERMS AS THIS LEASE EXCEPT AS TO THE TERM OF THE LEASE, AND
Y LANDLORD ON THE FIRST DAY DF EACH MONTH, IN ADVANCE,
A SUM EQUAL TO THE GUARANTEED MONTHLY RENTAL PAID FOR THE LAST
MONTH OF THE LASE, PLUS THE AMOUNT OF THE PERCENTAGE RENT WHICH WAS
PAYABLE FOR THE MONTH TWO (2) MONTHS PRECEDING THE CURRENT MONTH.
THIRD: Tenant hereby acknowledges that late payment by Tenant
to Landlord of rent or other sums due hereunder will cause Landlord to
incur costs not contemplated by this Lease, the exact amount of which
will be extremely difficult to ascertain. Such costs include, but are
not limited to, processing and accounting charges, and late Charges
which may be imposed upon Landlord by terms of any mortgage or trust
deed covering the Premises. Accordingly, if any installment of rent
or any sum due from Tenant shall not be received by Landlord or
Landlord's designee within ten (10) days after due, then Tenant shall
pay to Landlord a late charge equal to ten (10') percent of such
overdue ~mount, plus any a~torneys' fees incurred by Landlord by
reason of Tenant's failure to pay rent and/or other charges when due
hereunder. These additional sums shall be deemed extra rent. The
parties hereby agree that such late charges represent a fair and
reasonable estimate of the cost that landlord will incur by reason of
the late payment by Tenant. Acceptance of such late charges by the
Landlord shall in no event constitute a waiver of Tenant's default
with respect to such overdue amount, nor prevent Landlord from
exercising any of the other rights and remedies granted hereunder.
FQtl':R'FJ'JJ T8Ra..~ .)n,11 ,.~, t....dllilll'il '-Re &RUlfL\ Bf all l_~l
estate and personal property taxes and insurance premiums attribu
to the premises. These payments shall be deemed additional
Each ~onth the Tenant shall pay Landlord one twelfth ( of the
amount estimated by Landlord to be the annual tot ount for these
items. Within thirty (30) days after the e the June 30 fiscal
year the actual amount paid by Landlor lng the prior fiscal year
shall be determined. If Tenant 0 ore money to Landlord he shall
pay it with his next month's ranteed minimum month's rental
payment. If Tenant ha erpaid, he shall receive credit for the
overpayment agai e next payments due for taxes and insurance in
the follow scal year. Said insurance shall include all insurance
premi or fire, extended coverage, liability and any other (j)
-I:.afl!llerd. raaseF1ah-lj. jeeR's Fl.eSlEiSilry IR 'he preMees
-2- IN
(.\11 \aH!..!J. "i.._..~.............) HERE.
88~Y
the
o~
INm
HERE
FIFTH: Tenant shall deposit with Landlord upon the signing of
this lease the total amount set forth belOVe Of said total amount the
sum set forth below for rent will be in payment of the first month's
guaranteed monthly rent under this lease, and the sum set forth below
for security will be held as security for the faithful performance by
Tenant of the covenant. and conditions of this lease. The amount held
as security shall be repaid to Tenant upon the termination of this
lease, but only if Tenant is not then in default in any of the
covenants or condition. of this lease.
It ~QF3r3tg tal[ Qr i~~YrlR~g ~ill~ fgr t~. premises al~ ,.~t u~Q~lQbl~
then the portion of the taxes and insurance premiums to be paid '
Tenant shall be computed by apportioning the tax and insu premium
bill in the same ratio that the ground floor area e leased
premises bears to the entire ground floor a ontained in the
buildings covered by the tax or insu premium bill. If after
date of execution of this lea ny new tax is measured in whole
in part by the value real property of the amount of rent
therefrom, sue es ahall be deemed real property taxes for ell
purpose er this lease no matter how auch taxes shall be
-Gy-the taxing ageney.
SIXTH: Landlord shall, during the term of this lease, grant
parking and common area Use priVileges, for the Use by Tenant and \
Tenant's employees and. customer., on area. aurrounding the premises
and all other buildings now or hereafter located on the shopping
center block in which the premises is located. These privileges shall
be shared in common with other tenants and employees and customers of
other tenants of Landlord and with other owners, end the tenants,
employees and customers of said other owner. in said shopping center
block. The extent of all automobile parking areas, driveways,
pedestrian sidewalks, signs, landscaped areas and other common area
facilities furnished by Landlord in or near the Shopping Center for
the general use, in common, of Tenants and their employees and
customers, shall be subject to the exclusive design, control and
management of Landlord, and Landlord shall have the right from time to
time to establish, modify and enforce rea.onable rules and requlation.
with re.pect to all auch taciliti.. .nd .r.... Landlord ahall have
the right fr~. time to time to restrict parking by Tenant's employees
to employee parking areas; to entorce parking Charges so long as there
are provisions for free parking ticket validation by Tenants:-to close
all or any portion of said areas or facilities to such extent as may,
in the opinion of Landlord's counsel, be legally sufficient to prevent
a dedication thereof or the accrual of any rights to any person or the
public therein; to discourage non-customer parking1 and GO perform
such other acts in and to said areas and improvements as, in the use
of good business jUdgment, the Landlord shall determine to be
advisable to improve the convenience and use thereof by Tenants, their
employees and customers.
J:E'"AtT'l'll. ;'11'1&'" i'Aall ,.~. ~.. rT-~lvl'd. -r additiiAal ....A' ..."
that specified in paragraph-First hereof, a proportion of the Shoppi
Center's operating cost, hereinafter defined, based upon the rati f
the square feet of the ground floor area of the leased premise 0 the
total square feet of all qround floor area in the buildings own on
the plot plan attached as Exhibit "B", excluding any exp 10n areas
unless there are buildings actually erected in such e nsion areas.
For the purpose of this psragraph Sevent , the Shopping Center
shall be deemed to be the property shown on E 1bit "B".
Seventh, the "Shopping
Center's operating cost- .ean~ the t 41 cost and expense incurred in
operating and maintaining the par 9 common f~cilities, specifically
inclUding, but not being limi to, exp_n.e. for general maintenance
and repairs: resurfacing; nt1ng; restr1ping; cleaning; aweeping and
janitorial services: pI 1nq and landscaping: lighting: water and
other utilities; main ance and repair and replacement of Common
shopping center si SI directional signs and markers and bumpers I
removal of rubb ,trash, 9arba;e and other refuse from the common
areas: aaint ance of all commonly used electrical, plUmbing, and
ment and facilities: real estate and personal property
taxes assessments there~nl ed,quate public liability and personal
rty damage insurance :~hereon'.i depreciation on Ihachinery and
6g~
fA" ~TI(8i' . Y~-uFanea~
-)-
FllI'ii"R &i5lr-!;;-" .:R-:- to;> PQIJli<Q tl;!Q ';i'7--~R f......!li'ties .'HI let t.! _11 Ll....
foregoing costs (excluding real estate and personal property taxes an
assessments) to cover the Landlord's administrative and overhead
costs. At Landlord's option, it aay charge Tenant a reasonab
monthly fee for the long term cost of resurfacing, restri " 9 and
maintaining the asphalt on the parking areas, in lieu charging
Tenant tor the actual costs theretor as they are "Parking and
common facilities" means all areas, space, e ent and special
services provided by Landlord or other ow 6 for the common or joint
use and benefit of the Occupant a of t hoppinq Center, their
employees, agents, servants, cuat s or other Invitees, includinq
vithout limitation parking ar ,access road., drivevays, retaining
valls, landscaped area, ping Center signs, common area utility
lines, pedestrian m , courts, stairs, ra.ps and sidewalks, comfort
and first aid at ons, washroo.. and parcel pickup stations. @)
additional rent provided to ba paid in this Paragraph ~
, shall be computed monthly and shall be paid by Tenant ONm .
o HERE
EIGHTH: Tenant shall pay all charges for water, gas, sewer,
heat, light and power telephona and all other utility services which
may accrue with respect to the premises durinq the term of this lease.
Landlord shall in no way be responsible for these services. It any
such services are not separately aetered to Tenant, Tenant shall pay \
such reasonable proportion of auch jointly aetered charged as
determined by Landlord.
of at least a majority of the Tenants of the Shopping Center i
the premises is located, Tenant ahall become a member 0
Association, and pay a prorata share of the Ass on'. expenses.
This share shall be determined in aecor vith the by-laws or rules
of the Association, but in no e n excess of tventy ($0.20l cents(t.
per lease year per squ of the premises leased to Tenant.
Default in pa dues shall be treated in similar manner to
default ent with like rights of Landlord, at its option, to the IN
&Oe!a~i8R. H~
TENTH:
to be operated, the business at the premises continuousl e
entire term of this lease for the purpose set ow and, unless
prevented by strikes, lockouts, ac or other similar causes
beyond Tenant's contro e premises properly manned and stocked
and open f . 55 on such days and during such hours as are
o .. The bus iness conducted at
the premises shall be carried on in a business-like manner and in
accordance with the best standards for the conduct of aimilar
businesses..
Shopping Center shall establish agreed upon hours f
operation, Tenant, if operating a reta ~se store, ahall
conform to such hours. keep its display windows and
signs veIl ery business day from sundown to 11:00 o'clock
enant shall comply with all laws, ordinances; rules and
regulations of any governmental authority pertaininq to the use or ~
Occupancy of the premises. Tenant shall care for and remove all (Jr
garbage and refuse from the premiaes. Po.seasion of the premises by tf/J
Tenant or his successors or assigns shall not be construed as IN
conveying any title thereto or ownership. thereOf. "1l"Tenant: s~ll f f H RE
~e lH; l1wfjJ)ess fm the Prsnises, requler hours, which VJ. 1 bea~Dll1WlIUln 0 0
a. '~:rilT '""'1iobant will purchase, install, hook-up, maintain,
substitute for and alter, at Tenant's own cost and expense, all first-
class and up-to-date light fixturas and othar fixtures, equipment and
furniShings necessary to conduct in-. Qood and busineSS-like manner
the operation of Tenant'. bus in... 1n the premises. Any fixtures,
equipment or furnishings installad in the premises by Tenant before or
during the term of this lease and paid for and belonging to Tenant
shall remain the property of Tenant and shall be removed immediately
prior to the termination of this lease,unles. the Tenant shall be in
default hereunder. If Tenant is in default, any fixtures, equipment
and furnishings placed in the pramises, whether or not fully paid for,
shall immediately become the property of and belong to Landlord until
Tenant has cured the default and Landlord has notified Tenant, in
vriting, that the default has beeh curod. If the default has not
.J..' 11 t.:.~_... i
.:..FI-....L.........)
@
-4-
iJgr&
been cured within ten (10) days after notice to Tenant or his
representatives, or if the default cannot be cured within said ten
(10) days but bona fide action to cure the default has not been
started by Tenant, or if it has been started but 1s not being pursued
diligently, said property shall remain permanently the property of
Landlord. Tenant shall reimburse Landlord for any damage to the
premises caused by the installation or removal of said fixtures,
eq~~~me~;:~~~~~~n~;~;n~;~a!;:~~ '~~:~:~t~~I';~~~~l 6:t:ll ~::~:~ L~J:.. bZ~~:l
;:n.. reI: ~1.dle1:.:i 'toe fill.. _ill. lf1._ eal.:r....l....:_ 6..."l....l.........1:....r "Lu Lf;; 0
{r
,I TWELFTH: Tenant shall not permit or suffer any lien to be put
upon or arise or accrue against the premises at any time, and, after
the end of the third year of the term of the lease, upon any fixtures,
equipment or furnishings in th~ premises. If a mecha~icts lien is
filed against the premises for work done or materials furnished to
Tenant or his sub-tenants, Tenant shall, within ten (10) day&
thereafter, at his own cost and expense, cause such lien to be
discharged by payment or by filing or causing to be filed the bond or
bonds for that purpose required by law. If Tenant fail& to di&charge
or to bond such lien, then Landlord may discharge the same and relieve
the premises from any such lien, and Tenant shall, as additional rent,
reimburse Landlord immediately upon demand tor any amount which
Landlord paid in discharging such lien. .
THIRTEENTH: *
:;~~l,;, ~!.~~,,~~:~ ~J ~:~~~:!~ !i~l1elclt liRi~atien e! t.~.=~r::_:=~H':J~"L~:
(iro.:lt:1d.il.g ail:: ".....dit.i.........:...'::!)-th1!Te'in. Landlorc1 shall have no HERE
obli9atio~.to, nor be called upon, to make any repairs or improvements
whatsoever, Tenant, as a material part ot the consideration furnished
to Landlord, assumes all risk of loss from any cause Whatsoever,
except caused by Landlord's negligence, whether now known, or unknown,
which may be sustained by Tenant or any other party, in connection
with Tenantts occupancy and ~se of the premises and the parking an~
common areas of the Shopping Center, during the time Tenant may be in
possession of the premisese Landlord or its agents shall not be
liable for any loss or damage to persons or property resulting from
fire, explosion, falling roof elements or plaster, steam, gas,
electricity, water or rain which ~oy leak from any part of the
building or trom the pipes, appliances or plumbing works therein or
from the roof, street or subsurface or from any other place resulting
from dampness or any other cause whatsoever, unless caused by or due
to the negligence of Landlord, its agents, servants or employeese
Landlord or it& agents shall not be liable for interference with the
light, air, or for any latent defect in the premisese Tenant shall
9ive prompt notice to Landlord in case of casualty or accidents in the
premises. Notwithstanding anything in the lease provided to the
contrary, Tenant shall be &olely responsible for cleaning and ~
maintain~ng the &idewalk imm..ediatelY in front of the demi&ed premise ,
from the building line to _the curb, and Tenant shall i.ublF.p..if;,; 41.4
hold Landlord harmles& from "any and all liabilities arising from I~l~l
personal injurie& or property damage occurring on the &idewalk in
front of the demised premi&es. Landlord shall reimbur&e Tenant for
the actual cost of any repairs neces&ary in this sidewalk area. This
reimbur&ement &hall be included in the Shopping Center'& operating
cost& incurred in maintaining the COmmon facilities for which Landlord
may charge the tenants their prorata share. .
~
FOURTEENTH: Tenant shall not make any alterations to the
premises without the written consent of Landlord; and shall not commit
or suffer to be committed any waste upon the premises. Any
alterations, additions or improvements to or of said premises,
inClUding, but not limited to, wall covering, paneling and built-in
cabinet work, but excepting movable furniture and trade fixture&,
shall at once become a part of the realty and belong to the Landlord
and shall be surrendered with the premi&es. In the event Landlord
consents to the making of any alterations, additions or improvement&
to the premise& by Tenant, the same &hall be made by Tenant at
Tenant's sole cost and expense. Upon the expiration or &ooner
termination of the term hereof, Tenant &hall, upon written demand by
Landlord, at least thirty (30) days prior to the ~nd of term, at
Tenant's &ole cost and expense, f"orthwith and wi.-.n all due diligence,
remove any alterations, additions, or improvements made by Tenant, ~
designated by Landlord and repair any damage to the premi&es caused Af~
*See Rider I -5- . INft{Jf
** except that'Landlord &hall :reasonablY!M-intain the roof and extenor walls. HlRl
c;g -l
RIDER I
As part of the consideration for the leasing of the Premises to
Tenant, Tenant shall maintain and repair all portions of the
Premises, excluding the roof and exterior walls. Tenant will
maintain the heating, ventilation and air conditioning unit,
provided, however, if the heating, ventilation and air conditioning
unit is under warranty, Tenant shall be able to have the required
repairs or replacements performed under the applicable warranty.
THE FOREGOING IS HEREBY ACCEPTED, AGREED TO, CONFIRMED, AND
ACKNOWLEDGED THIS DAY OF 1994.
CITY OF CHULA VISTA
KELTON TITLE CORPORATION
,
By: {J/fJ#
:/
Its: t3f ~r
TENANT
By: 45!!/~
Mar e ton. LANDLORD
Vice President
-5a-
f:B~ 2Y
such removal. Tenant shall replace any and all plate. glass broken
from any cause whatsoever. Tenant aSsume.. the risk for any and all
damage resulting from roof leaks in the premises. Tenant shall not
paint or place any sign on, in or about the premises without first
getting the written approval of the Landlord as to size, design and
location of the s1gn. Tenant shall be solely responsible for
obtaining all required permits tro~ the appropriate governing Agencies
to permit. its alterations, sign., improvements and operations.
FIFTEENTH: Tenant shall insure the premises (~amin9 Landlord
as one of the insureds) for plate qless insurance 1n amounts
satisfactory to Landlord and liability insurance in amounts Commonly
referred to as $500,000/$1,000,000, and shall deliver copies of the
pOlicies to Landlord. The failure by Tenant to deliver said policies
to Landlord shall not relieve Tenant of the Obligation to carry said
insurance. Insurance shall be in companies rated A+ or better in
"Best's Insurance Guide". "Tenant aha1l also indemnify and aave
Landlord free and harmless froa all costa or expenses for damages,
injuries, death, claims Dr liabilities of any and all kind whatsoever
of Dr to Tenant or Tenant's property or to any other person, persons
Dr pro ert from an cause arising in or ebout the premises during the
erm 0 1S ease, and shall likewise indemnify and aave Landlord
free and harmless from any penalty, damage or charge incurred or
imposed by reason of any violation of lav or ordinance by Tenant or by
any person or persons holding under the Tenant. As long as his \
insurers so permit, Tenant hereby vaives its rights" of recovery
against Landlord for any loss insured by fire, extended coverage and
other property insurance policies existing for the benefit of the
Landlord. Tenant shall apply to its insurers to obtain said waive~rs.
Tenant shall obtain any special endorsements, if required by its
insurer to evidence compliance with the aforementioned waiver.
1exce?'t Ior J....anQJ.Oro. 5 actlve neq.l.lQence.1 " ~H
SIXTEENTH: If the present fire Dr liability insurance rat H'J.'t
applicable to the premises is increased because of the nature of the
Use of the premises by Tenant or because of the storage, 5ale or use
of any aerchandise, at or in the premises, causing such increase,
Tensnt shall pay the difference in cost about the amount of fire and
liability insurance now being carried by Landlord and said difference
shall be in addition to the amount of rental specified herein and in
addition to Tenant's prorata contribution to the insurance premiums
'ded for herein and shall be paid to Landlord immediately upon
a
SEVENTEENTH: If the premises be totally Dr partially
oyed or damaged b fire or othe. cause and rebuilding or repairs
c nno e camp e e w~ ~n days from the date of the fire or other
use of damage, Tenant ahall be allowed an abatement of rent from the
da of auch damage or destruction and for auch time as the building or
art" thereof is untenable, and at the election of Tenant to be
in writing addressed to Landlord within twenty (20) days after
damage or destruction, 'thi. lease shall terminate. Howeyer, if
H damage is such that rebuilding Dr repairs can be completed within
~'Q days, the Landlord shall make such repairs Dr rebuild with
reasonable promptness and dispatch and allow Tenant an abatement in
rent for such time as the building or any part thereof is untenable,
and the term of this lease shall not otherwise be affected. Landlord
shall not be required to repair any injury Dr damage by fire Dr other
cause, or to make any repair. or replacement. of any leasehold
improvement., fixtures, Dr other personal property of Tenant. If the
destruction or damage takes placa at any time during the last two (2)
year. of the term of thia lease, Landlord ahall have the option of
either making the necessary re~air. or rebuilding. or terminating the
lease. If more than 25' of the premi.es 1. taken or condemned for a
public Dr quasi-public use, then, at Landlord'a option, this lease
shall terminate as of the date title vests in condemnor. In any event
all condemnation proceeds awarded upon any takinq or condemnation
shall be paid to Landlord exclusively, and Tenant shall have no claim
against Landlord for the value of any unexpired term and option
periOdS of this lease.
EIGHTEENTH: Tenant shall have the right to let Dr sublet the
whole Dr any part of the premiaes, o~ to sell or assign this lease, or
allow the premises to be occupied,by anyone other than Tenant, but (a)
only with the written consent of Landlord, which consent shall not be
unreasonably withheld, and (b) upon condition that the guaranteed q&.~
monthly rent is adjusted to the current market rent, if the latter i
If
*N:>twithstan:ll.ng the foregoing, Tenant -6- milli IN
may be self-insured proITide:l Tenant has a liquid surplus on hsnd of $25 on. Hr_r
ff;:J-j
~
more than the guaranteed monthly rent specified in this lease. If
T~nant is a corporation, transfer of control of Tenant Corporation
(i.e., transfer of 50\ or more of the stock) to one who is not a
shareholder at the time this lease is executed, or to one who is not a
member of the immediate family of those who were shareholders when
this lease is executed, shall be deemed an assignment of this lease
and is subject tp the restrictions on assignment as provided herein.
A consent to one assignment, subletting, occupation or Use by any
other person shall not be deemed to be a consent to any Subsequent
assignment, sUbletting, occupation or use by another person. Consent
to any such assignment or sUbletting shall 1n no way relieve Tenant of
any liability under this lease. Any such assignment or subletting
without such consent shall be void, and shall, at the option of the
Landlord, constitute a default under the terms of this lease. In the
event that Landlord shall consent to a sublease or assignment
hereunder, Tenant shall pay Landlord reasonable fees, not to exceed a
sum equal to one-half (1/2) month's rent, incurred in connection with
the processing of documents necessary to giving of such consent.
NINETEENTH: Landlord reserves the right to enter upon the
premises during business hours for the purposes of inspection: showing
the premises to prospective purchasers or encumbrancers: making
repairs: or posting and maintaining notices of non-responsibility.
Landlord shall have the right to post signs in or upon the premises
during the last sixty (60) days of term of this lease for the purpose
of renting the premises. . \
TWENTIETH: The waiver by Landlord of any covenant or
condition contained herein shall not vitiate the same or any other
covenant or condition contained herein, and the waiv Landlord of
any breach of any covenant or condition shall not d a waiver
of such covenant or condition contained herein.
if teen (15) I
TWENTY FIRST: The occurrence of anyone 0 ~~
following events shall constitute a default and brea t this lease
by Tenant: (a) the vacating or abandonment of the premises by Tenant:
(b) the failure by Tenant to make any payment of rent or any other
payment required to be made by Tenant hereunder, as and when due,
where such failure shall continue ten (10) days after it is due; (e)
the failure by Tenant to observe or perform any of the covenants,
conditions or provisions of this lease to be observed or performed by
the Tenant other than described in (b) above, where such failure
s a cont~nue for a period of t~iF~j" (39) days after written notice
hereof by Landlord to Tenant; rovided, however, that if the nature of
Tenant's default is'such that more than
reasonably required for its cure, then enant shall not be deemed to
be in default if Tenant commences such cure within said
day periOd and thereafter diligently prosecutes such cure to
completion: or (d) the making by Tenant of any general assignment or
general arrangement for the benefit of creditors or the filing by or
,against Tenant of a petition to have Tenant adjudged a bankrupt, or a
petition or reorganization or arrangement under any law relating to
bankruptcy (unless, in the-case of petition filed against Tenant, the
same is dismissed within as; or e appo~n men 0 a
trustee or receiver to take possession of SUbstantially all of
Tenant's assets located at the premises or of Tenant's interest in
this lease, where possession is not restored to Tenant within thirty
(30) days; or the attachment, execution or other jUdicial seizure of
substantially all of Tenant's assets located at the premises or of
Tenant's interest in this lease, where such seizure is not discharged
n' .days. Notwithstanding the foregoing, a trustee in
bankruptcy shall have the right to assume or assign this lease but
only if he cures any default hereunder promptly and concurrently
provides adequate aasurance of future performance of the terms of this
lease. Adequate assurance of such performance is defined as
requiring: (1) ~hat the source of rent and other consideration due
under such leases and owing to the Landlord under the lease agreement
will be assured; (2) that any percentage rent due under such lease
will not decline substantially; (3) that the assumption or assignment
of the lease will not substantially breach clauses (inCluding, but not
limited to, radius, location, use, or exclusivity provisions) in other
lease, financing agreement, or master agreement relating to this
shopping center: and (4) that a~ assumption or assignment of such
lease of this shopping center wfll not disrupt substantially anY~
Tenant mix or balance of this shopping center. ~
. IN '
-7- .H
6E-JtJ
-..- -,,:;v~lIl.. or any such defaUlt or breach by
Tenant, Landlord may at any time thereafter, upon written notice to
Tenant or Tenant's representative, terminate this lease and Tenant's
right to possession of the premiaes. In addition, in any of said
events, Landlord shall have the immediate right of re-entry and right
to remove all persons and property from the leased premises and store
such property in a public warehouse or elsewhere at the cost of and
for the account of Tenant, without service of notice or resort to
legal process, and Landlord shall not thereby be deemed guilty of
trespass or b~come liable for any loss or damage occasioned thereby.
A re-entry by Landlord without written notice terminating this lease
shall not constitute a termination of this lease or of Tenant's
possession of the premises.
Whether or not the lease is terminated, Landlord shall be
entitled to recover from the Tenant costs and expenses, inClUding but
not limited to, for cleaning, reaoval of property, repairs and
alterations, commissions required in reletting the premises, and
Landlord's reasonable attorneys' fees and court costs. All unpaid
rent or other sums shall bear interest from the date due at the
highest rate permitted by California law.
Landlord may terminate this lease and Tenant's right to
possession of the premi.es only by first .ending a written notice to
that effect to Tenant or Tenant'. representative. Even though Tenant
has defaulted or breached this lease and abandoned the property the
lease shall continue 1n effect for 80 long as Landlord does not 60
terminate Tenant's right to possession and Landlord may enforce all of
his rights and remedies under the lease including the right to recover
rent as it becomes due.
.
Upon a termination of this lease, in addition to all other
damages that Landlord is entitled to recover from Tenant, Landlord
shall also be entitled to recover from Tenant the worth of the amount
by which the unpaid rent for the balance of the term of the lease
exceeds the amount of such rental loss that Tenant can prove could be
reasonably avoided by Landlord.
The rights and remedies of Landlord are cumulative., and the
use of one remedy shall not be taken to exclude or waive the right to
the Use of another. If Landlord is compelled to commence or sustain
an action at law or in equity to collect the stipulated rent or any
additional rent or any costs or expenses provided for in this lease or
to dispossess Tenant or to recover possession of or to relet the
premises or to enforce or defend any of Landlor' ights, Tenant
shall pay all costs in connection therewith in n a reasonable fee
for the attorney of Landlord. ifteen (15)
twENTY THIRO: Landlord shall not be i
Landlord fails to perform obligations requi e
reasonable time, but in no event later than ~hirty (38) days after
written notice by Tenant to Landlord and to the holder of any first
mortgage or deed of trust covering the premises whose name and address
shall have theretofore been. furnished to Tenant, in writing,
specifying wherein Landlord has failed to perform such Obligation;
provide, however, that if the nature of Landlord's obli at on
that more than ays are requ red for performance then
Landlord shall not be in default if Landlord commences performance
wi thin such 0 n erea er 1 gen Y
prosecutes he same to completion.
right to terminate this lea or s default and
TWENTY FOURTH: At the expiration of the term of this lease or
the aooner termination thereof, Tenant shall peacefully quit and
surrender possession of the premises in good condition broom clean,
reasonable use and wear thereof excepted, and .hall remove all
personal property from the premiaes immediately upon said termination.
Any personal property not so removed shall immediately thereafter
become the property of Landlord and may be used or disposed of by
Landlord in any manner and at his sole discretion.
~f:~.:~7~~~~~:~~~~~~~~~:=~::~~~=i: ~~::l:~~~W~~;::~:~~:~~t~~R::::~:~.
'N~
-~- H~
gj3 ---/j
",." ,., """""'0", Lo"'o., ,. .0 , '^ ."'t:;(~
and this lease shall lnate and each of the parti~s' ~
Within ten (10) days after request therefor by Landlord, HE~E"
Tenant shall deliver in recordable form a certltic~te toeny proposed
trustee, mortgagee or purchaser, or to Landlord, certifYing (if such
be the case) that this lease is in full force and effect and that
there are no defenses or offsets thereto, or stating those claimed by
tenant. Within ten (10) days after request therefor by Landlord,
'Tenant will subordinate its rights hereunder to the lien of any trust
deed or trust deeds, mortgage or mortgages, or the lien reSUlting from
any other method or finanCing or refinanci~g now or hereafter in force
egainst the land and/or buildings of which the leased premises are a
part of against any buildings hereafter placed upon the land or which
the leased premises are a part, and to all advances made or hereafter
to be made upon the security thereof~ If Tenant fails to deliver such
certificates or subordination instruments within said ten (1.0) day
periods, Tenant hereby irrevocably appoints the Landlord as attorney_
in-fact for the Tenant with full power end authority to execute and
deliver in the name of the Tenant any such certificates or
subordination instruments.
TWENTY SIXTH: Any notice or demand provided for by this lea~e
shall be in writing end shall be given by dcpo~iting it in the United
St~tcs mail in the State of California, postage thereon fully prepaid
for delivery by certified or registered mail, return receipt
requested. Any such notice to be given to Landlord, and all rents and
other payments shall be sent to Landlord at 2716 Ocean Park Boulevard,
Suite 3006, Santa Monica, California 90405. Any notice to be given to
Tenant shall be addressed to Tenant at the address of the premises.
Either party by written notice may Change the address to WhiCh
notices, payments Dr demand shall be addressed.
TWENTY SEVENTH: Wherever time is stated in this lease it is
of the essence.
The covenants and conditions contained in this lease shall,
subject to the provisions and to assignment, inure to the benefit of
and shall apply to end bind the heirs, successors and assigns of the
respective parties hereto.
As to all words used in this lease, the singular number shall
include the plural, the present tense shall include the future and the
masculine gender shall include the feminine and neuter.
There are no representations or covenants in connection with this
lease other than those contained in this document, and there shall be
no amendments or modifications to this lease except by written
agreement.
TWENTY EIGHTH: In the event Landlord shall convey its fee
interest, or any part thereof, in all or a portion of the Shopping
Center, Landlord shall be automatically freed and relieved, from the
date of such transfer or conveyance, of all liability for the
performance of any obligation on the part of Landlord contained in
this lease thereafter to be performed with respect to the property
conveyed. The obligations contained in the lease on the part of .
Landlord shall be binding on Landlord only during and in respect to
its periOd of ownership. Landlord shall remain liable for any default
incurred prior to the date of conveyance. The transferee of such
interest in the premises shall be deemed, without any further
agreement between the parties or their successors in interest, to have
assumed and agreed to carry out any and all of the covenants and
obligations of the Landlord under this lease.
TWENTY NINTH: In the event Landlord establishes a uniform
sign criteria for the stores in the Shopping Center, and the new
stores in the. Shopping Center conform to this criteria, Tenant agrees
to replace any signs which do not conform to the new criteria with
conforming signs, within ninety (90) days after receipt of written
notice from Landlord, at Tenant's sole cost.
.~ided that the IIOrtgagee or trust del!d bene!icl~ agrees not to di.sturl> the
possession of Tenant for lIS long lIS Terulnt is not In default, of me teIms of
this Lease.
-9-
@D
10-85
3lJ-/~
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unenforceable, the remainder of this lease; or the application of
such term or provision to other persons or circumstances shall not
be affected thereby. Each term and provision of this lease shall
be valid and be enforced to the fullest extent permitted by law.
THIRTY FIRST: This unsigned lease
by Landlord, but if properly executed y Tenan >vered to ~
Landlord shall constitute Tenant' 0 lease the Leased( If
Premises. Such an off ant shall be accepted by Landlord(
only when countersigns and delivers this Lease to Tenant~
. '. Ul.
. H;: E
is SPEi~p~,to approval of City Council within seven (7) days of
.~~~~~fon. If written approval is not received by Landlord
with>n said seven-day period, this Lease shall become null, void
and
THIRTY SECOND: It is the intent of Landlord and Tenant that
all agreements contained within this Lease Agreement remain
absolutely confidential between Landlord and Tenant and shall not
be shared with an third arty, except for the legal counsel. of
el.ther Landlord or 'l'.anant, Tenant's covenant to maintain the
confidentiality of the provisions of this Lease is a material part
of the consideration required by Landlord for agreeing to the rent
specified herein.
jurisdiction or, at Landlord's election to a comme r l.trator
under American Arbitration Association es that Tenant has
breached this covenant of con . ity, the parties agree that
the proper amount 0 aranteed Minimum Monthly Rent from the
date of t of confidentiality to the end of the term of the
and to the extent required by (a) parties funding Tenant's
operations at the Premises, or (b). applicable law, including Public
ecords Act.
Date: May 16, 1994
Addre.s of the Leased prami..s: 1550 East "H" Street, Suite "JII,
Chula Vista, ~alifornia 92010
Approzimate Dimensions of the Leased Premises. Twenty-eight (28')
feet by fifty (50') feet: approximately 1,400 square feet.
The Leased Premises shall be used only for the Purpose of.
Telecommuting Center, operated by the city of Chula Vista end/or
.executive &uites (not to exceed 50\ of the qross leasable area).
Commencement Date of the Lease:
If the store is to be remodeled
Commencement Date is to be determined
following space is checked. --X--.
Termination Date of the Lease.
or newly built, and
under Exhibit "A", the
If the store is to be remodeled or newly built, and
Termination date is to be determined under Exhibit "A", the
following space is checked X and the lease shall
terminate on the last day of the 12th full calendar
month after the commencement of the lease.
Guaranteed Monthly .ent.
Year One: $1,600.00
Percantaie -.nt. None
Total Amount .ecaived. $1,600.00
For .ent. $1,600.00
For Period. First month's rent.
For Security.
None
~
The following Addenda and Exhibits are attached to this Lease an~
incorporated herein: Exhibits "An, "8n, "and "e", Riders 1 and :e1
~,.A", :z -10- I~
HeRE
~iJ ~/3
CONTAINED IN THIS LEASE HAVE BEEN READ AND UNDERSTOOD. PARAGRAPH
SECOND PROVIDES FOR THE EXTENSION OF THIS LEASE BEYOND THE ORIGINAL
TERM.
CITY OF CHULA VISTA
KELTON TITLE CORPORATION
By: (J/f).JL.
/
Its: t~ rr.~
TENANT
By:
Mark
Vice
rl1-/
LANDLORD
,
~
-11-
og~)r
EXHIBIT A
NEW CONSTRUCTION EXHIBIT
all a licable law
Landlord hereby agrees, excepting for causes beyond
Landlord's control, to erect the building depicted in Exhibit "B",
a portion of which approximately 1,400 sq. ft. shall be leased to
the undersigned Tenant. Said construction shall be com leted in
accordance with Exhibit "e" hereto attached,. IR t.he e ant. '!.l.a't
Le.r.d.lo!!'a, fer a&i!sea }!e~ SR. 11:.9 I"easefl.ahle. ~~1.t.1.61, i~ ..........lJl..... L....
.a_1..:........ t.-l.L&i.5LS t.e Te.f\afl.~ wi'tk!1'l 1:. !'F11:.J fe.'i:lE' ..ent."'.!! af ~he.
eue8\1t.i!lft If 'his :beaBe, tRia I.e..B!. shall Ja-e.l~me. . wid Al.a wI ..0
fl ~t~r fBrse SF etteet." Any additional change, modification or
alteration not contained in Exhibit "CO shall be at the sole cost
and expense of Tenant.
The Tenant agrees that upon the completion of the
erection of said building substantiall~ in accordance with the
plans and specifications therefor~an upon the delivery of
possession to Tenant, the Tenant will accept the building in the@;.
condition which it may then be, aFld. i."ai/es afl.J rilJl-..~ BE' ela.im
d~~il..!~ ~h!. ~na181'a fer aR.~ Ballis!., lIIir!.stlJ at: iy.ail.:...;;.Ll;" bJ..iail.g
.....\oIL '....I Ll~.. ........ud.:.L.:........ ...! ll..:. J._....:...:.t.a ~lt.mist..3, t~.c. ~~~tl.rtt.J'laf.et.s ,.
t!.u~t~, the lR1I'".,eRlente "hereen Of"l the e,!"il'Rlent thereef. ~
Tenant shall thereafter save and hold harmless the Landlord from
liability as provided in this Lease~ ,
The fact that the Tenant may enter into possession prior
to the actual completion of the building for the purpose of
installing fixtures and equipment shall not be deemed an acceptance
by the Tenant of completion by the Landlord until actual completion
shall have taken place, but in such event Tenant shall hold
Landlord harmless and indemnify Landlord for any loss or damage to
Tenant's fixtures, equipment and merchandise and for injury to any
persons, unless same be caused by the active negligence of Landlord
or its agents.
Upon actual completion of the improvements to be
completed by Landlord in the building, the Landlord agrees to
record a Notice of Completion in the office of the County Recorder.
July 18, 1994, or
The term of this Lease shall commence on the day on which
Landlord delivers the demised Pre~ises to Tenant, comp e ~on 0
all of the Landlord' s work is delayed by Tenant' s failure to
complete the necessary work, Landlord may file a Notice of
Cessation of Work or a Notice of Completion on the portion of
Landlord's work actually completed, and the filing of either of
such notices shall be equivalent to the filing of a valid Notice of
Completion. If the term commences on a day other than the first
day of a calendar month, the term of this Lease shall ~e in effect
for the partial month and until the termination date set forth in
the Lease. Also in that. event, rent for the partial month shall be
prorated on the basis of the monthly minimum rent. When the
commencement date is determined, the parties .hall execute a
certificate of the date of commencement.
~
,
earlier to occur ~
*See Rider II.
CITY OF CIlULA VISTA
KELTON TITLE CORPORATION
By: C2/ j)xJ;1-
/
Its: q7'Y:~-
TENANT
", ..d{;jjj!{1.~_
Vice President
Sf! ~J~
RIDER II
The Landlord hereby agrees, excepting for causes beyond Landlord's
reasonable control, to physically complete the work described in
Exhibit "Ctl, Article I., "Description of Landlord's Worklli no later
than July 18, 1994, provided the following events occur within the
respective periods stated below:
1. This Lease Agreement is fully executed and del:vered by
both parties no later than Wednesday, June 15, 1994.
2. Upon full execution and delivery of the Lease, Landlord
will cause to have completed, plans for Landlord's Work
under Article I.. of Exhibit .C", which plans will be
submitted to the appropriate City Government departments
and be approved no later than Friday, June 17, 1994.
3. Upon Landlord' s receipt of all necessary permits and
approvals to proceed with construction within the Leased
Premises, Landlord agrees to diligently prosecute such
work through completion, and deliver the Leased Premises
in the condition outlined under Article I. of Exhibit "ell
no later than July.18, 1994. \
4. If Landlord receives all necessary permits and approvals
by June 15, 1994, and Landlord does not complete the work
called for under Article I. of Exhibit "e" on or before
July 31, 1994, Tenant shall have the option of
terminating this Lease by delivering written notice to
Landlord no later than August 3, 1994. If Landlord does
not receive such notice from Tenant, this Lease shall
remain in full force and effect and shall commence from
Landlord's completion of such work.
s. Tenant has agreed to use its best and reasonable efforts
to use its available resources to allow Landlord to
install only one handicapped accessible toilet room in
the Leased Premises (Article I.C., SANITARY FACILITIES,
of Exhibit "C"). Tenant will advise Landlord of its
success in obtaining such approvals from the appropriate
government agencies, upon signing of the Lease.
6. Tenant is to contract separa+:ely with contractor of
Tenant's choice for its specialized Tenant Improvements
(i.e., conference room, changes to lighting, air
conditioning, ducting, work stations, electrical plugs,
and computer wiring). Landlord will use its best efforts
to coordinate,with those efforts of Tenant's contractor
in allowing efficient and cost-effective completion for
both parties.'
THE FOREGOING IS HEREBY ACCEPTED, AGREED TO, CONFIRMED, AND
ACKNOWLEDGED TIllS DAY OF 1994.
CITY OF CHULA VISTA
KELTON TITLE CORPORATION
By: Ch!.tJ#
/ .
Its: C:( l?''-;r'
TENANT
By:
Ma
Vice
,
f5B - / ~
EXHIBIT B
. ,
,
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I. DESCRIPTION OF LANDLORD'S .OR~
A. STRUCTURE
1. Frame. etc.: The buildings shall be designed in
accordance with governing building codes.
2e Exterior Walls: The exterior walls
masonry or such other material or materials as
Landlord's architect.
shall be of
selected by
3. Ceilina Heiahts: Clear height between floor slab and
ceiling shall be approximately ten (10) feet except toilet which is
to be eight (8) feet.
4. Floor Construction: Floors shall be of concrete slab
on grade.
5. B2Q!: The roof shall be build-up roof to a 20-year
standard qrade..
6. Partitions: Partitions between leased areas shall be
of wood frame, metal stud, or masonry at Landlord's option carried
to underside of roof deck. Toilet room walls shall be carried to ~
finish ceiling.
7. ~: One rear exit.
8. Dimensions: Frontage dimensions on interior stores
shall be measured from center line to center line of party walls
and on exterior stores shall be measured from center line of party
wall to face of exterior wall. Depth shall be measured from
outside face of exterior walls.
9. l&2il: Interior doors will be hollow core wood.
Exterior service doors will be solid core wood or hollow core metal
as selected by Landlord's architect.
B.INTERIOR FINISHES
1. Floors: All floors shall be smooth steel trowled
concrete.
2. Ceilinas: Sales area ceiling shall be suspen~~d
drywall with sprayed plaster finish or T-bar acoustical, as
selected by Landlord's architect. Toilet room ceilings shall be
drywall construction. The construction will be exposed in all
other areas.
3. ~: All walls shall be drywall finish.
4. paintina: All interior wall areas heretofore defined
will receive one coat of one color paint, enamel in toilet and flat
in sales area.
C. SANITARY FACILITIES
1. Two toilet rooms (both handicapped accessible) will
be furnished for each store. This shall include two water closets,
two electric -instant hot- vater heeters, two lavatories, two wall
bracket lights, two exhaust fans and switches.
D. UTILITIES
1. Water' Sewer: Landlord will furnish water service
line not to exceed 2 inches in diameter to rear of store. Except
as provided in paragraph I.C.l above, all installation beyond rough
in point for these facilities shall not be part of the Landlord's
work. Cost of water used wil~ be paid by Tenant. ~.
~
:J8 -/.Y
2. Electricitv: Landlord will provide a maximum of 200-
amp service. Tenant to pay for difference between 100 and 200-amp
service. Landlord is to furnish one (1) set of wall plugs every 24
feet of store depth on each side of the store. Lights shall be 2-
foot by 4-foot T-bar drop in four bulb fixtures, one fixture for
every 100 square feet of rental area.
E. HEATING AND AIR CONDITIONING
1. A combi~ation roof pack unit with electric heating
and electricity cooling for sales area only. The air conditioning
capacity shall not exceed one ton (or equivalent unit) for each 400
ground floor square foot of sales area, calculated at 75t of gross
area. All costs of any additional capacity to be Tenant. s
responsibili ty.
F. AUTOMATIC FIRE PROTECTION SYSTEM: Only as required by
city.
G. STORE FRONT
1. Landlord will provide a standard in line store front
in keeping with other stores in the center. Any additional
treatment shall be Tenant's responsibility under IIG.
II. DESCRIPTION OP TENANT'S WORX
\
All work, except as specifically listed in paragraph I, above,
to be performed by Landlord, at Landlord's expense, and except as
may otherwise be specifically authorized in writing by Landlord to
be paid for by Landlord, shall be performed for the account of and
at the expense of Tenant. Without limiting the foregoing, and by
way of illustration only, Tenant shall pay for the following:
A. Electrical Fixtures
outlets and all outlets,
installation not provided by
& Eaui~ment: All electric
fixtures and equipment
I.D.3 above.
wiring to
including
B. ~: All gas connections at Tenant.s space.
c. Teleohone: All conduits for telephone wires in the leased
premises. Tenant shall make all arrangements for telephone
service.
D. HAl.l...I;: All interior partitions and curtain walls, within
the leased area.
E. Coves & Ceilinas: All special coves and ceilings.
F. Furniture' Firtures: All store fixtures, cases, wood
paneling, cornices, etc.
G. Store Fronts: Except as provided in I-G, all special
store fronts requested by Tenant and approved by Landlord.
H. Show Window B~ckaround. Floors. Etc.:
finish floors, show window backqrounds, show
fixtures, and show window doors.
All show window
window HllhUng
I. Floor Cov@rinas: All floor cover!n; and floor materials
other than concrete.
J. Stairwavs & Exits: All arnamental or other stairs, and
all exits required by governing codes in excess of two supplied by
Landlord.
'. -2-
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J. Alarn Svstems. Etc.:
protective devices.
All alarm systems or other
K. Plumbina: All plumbing (except for one toilet room)
including meter, roughing-in or fixtures, including installation
and connection.
L. Hot Water Heater: Xncluding installation and connection.
M. SDecial Ventilation: All ventilation and related
equipment, including show window ventilation.
N. Storms' Screens: All storm and screen doors or storm
enclosures.
~o. SDecial EauiDment: All special equipment such as
conveyors, elevators, escalators, dumbwaiters, etc., including
installation and connection.
P. Automatic Fire Protection SDrinkler System:
provided in I.F, all sprinkler requirements to meet
rating requirement for a sprinklered building and all
building requirements.
III. TENANT'S DOING CONSTRUCTION WORK IN THE PREMISES
Except as
insurance
government
\
A. No construction work shall be done by Tenant in" the
premises except upon the exPress written approval first had and
obtained from Landlord. In the event such written approval is
given, the work to be done by Tenant shall be strictly in
conformance with such approval and according to the "terms thereof.
Without limiting the authority of the Landlord, all work which is
performed by Tenant must conform to the following general
conditions:
1. Strict compliance with plans and specifications in a
form satisfactory to Landlord and approved by Landlord.
2. Compliance with all local and state laws, inclUding
and obtaining of all necessary and appropriate permits.
3. Correlation with the time schedule of the Landlord as
may be determined by Landlord, and such work must commence promptly
upon notice from Landlord and shall be completed without delay.-
4. Compliance with the standards of the National Board
of Fire Underwriters, the National Electrical COde, The American
Gas Association, and the American Society of Heating and
Ventilating Engineers, Uniform Building Code, Uniform Electrical
Code, and Uniform Plumbing Code.
5. Furnishing of a lien and completion bond before
commencement of work, and before approval of the plans and
specifications by Landlord, in an amount as required by Landlord,
unless expressly waived in writing by Landlord.
6. In the event Tenant fails to comply strictly with the"
provisions hereof, Landlord may, at Landlord's sole option, require
the Tenant and all materials and equipment to be removed from the
premises and stored at Tenant's cost forthwith, by Landlord
physically removing all such materials and equipment therefrom,
without liability to Landlord, and in such event, Tenant hereby
agrees to indemnify and save Landlord harmless from liability
therefor.
B. The word "Tenant" shall be deemed to include Tenant's
contractor, Sub-contractors, architect, employees and agents.
~
-3-
~
?!J ~ ..20
C. Tenant shall not request from Landlord's contractor, sub-
contractors, or their employees or agents, any 0.1 teration or
modification of the work to be done under the plans and
specifications as approved by Landlord, nor shall Tenant request
extra or different work to be done, except upon the express written
approval of Landlord first had and obtained. No one 1s authorized
on behalf of Landlord to so expressly approve, save and except a
duly elected officer of Landlord. Purported authorizations by
other persons (such as other employees of Landlord and Landlordts
contractor and its employees) of purported authorizations not in
wri ting, in any event, shall be nullities. If any labor or
material is furnished or any work is performed which is not in
conformance herewith, Landlord shall have no liability therefor,
and Tenant shall fully indemnify and save Landlord harmless
therefrom.
,
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ADDENDUM I
\
,
The undersigned parties agree to the following with reference
to the Lease Agreement dated May 16, 1994 by and between Kelton
Title Corporation, as Landlord, and the City of Chula Vista, as
Tenant, for the Premises of 1550 East IIHIf street, Suite IlJII, Chula
Vista, California 91910:
Tenant shall havp and is hereby granted one Option of one (1)
year to extend the terms of this Lease upon the same terms and
conditions of the existing Lease Agreement, with exception of the
Guaranteed Monthly Rent, which shall be sixteen Hundred Dollars
($1,600.), which amount will be adjusted each year by the
percentage of increase, if any, in Consumer Price Index, U.S. City
Average, All Items, Index-W, (1982-1984 - 100) for the last
reported period immediately prior to the date of the execution of
this Lease which was ____ for the nation (to be initialed as soon
as published). In the event this index shall be hereafter
converted to a difterent standard reference base or otherwise
revised, the determination of percentage increase shall be made
using such conversion factor, formula or table as may be published
by the Bureau of Labor Statistics or its successor agency. This
index shall be known as the base CPI figure for the purpose of this \
Lease. During the 12th month of the Primary Lease Term, the
parties shall acquaint themselves with the Consumer Price Index
reported during that month and shall determine the amount by which
the Consumer Price Index reported during these months shall have
increased over said base CPI figure. The amount of this increase
beginning the first day of the term extended by this Option shall
be converted to a percentage of increase over-th,e base CPI figure,
and the guaranteed II10nthly rent shall be increased by the same
percentage as said percentage of. increase.
In order for Tenant to exercise its Option as provided herein,
Tenant shall deliver written notice of its exercise of the Option
to Landlord no later than sixty (60) days prior to the date upon
whiCh the Primary Term expires.
In no event during the term of this Lease shall the guaranteed
monthly rent established for each twelve-month periOd be less than
for the immediately preceding twelve-month period.
Said Option is expressly conditioned and contingent upon the
. following:
(1) Tenant not being in default of any of the provisions,
terms or conditions of its Lease Agreement at the time said Option
is exercised or prior t~ the effective date of the Option.
(2)
assignee
Premises
The current Tenant in possession of the Premises, not its
or sublessee , being the Tenant in possession of the
at the time of Tenant's election to exercise its Option.
THE ABOVE IS HEREBY APPROVED, CONFIRMED, AGREED TO,
ACKNOWLEDGED AND ACCEPTED ON THIS DAY OF
1994, AT SANTA MONICA, CA.
CITY OF CHULA VISTA
KELTON TITLE CORPORATION
By:
TENANT
By: (k'~~
Mark el1;<>n LANDLORD
Vice President
Its:
Sg- .Jc2
.". UJ\4arwlqrwd partl.. .,rwa to Ua follovln; vltb nf.n:J1Oe
to the ...... ~~ 4&ted -r 16, 1'94 by Ul4 Mtnan r.lton
'f'lU. corporation. ... t.nd.lor4. and tbI City of ebula Viata, ..
~, tor tba rn:a1... ot' lUO ....t -I.- .tnllt., ..l.lJte -J., 0Wl&
vut;.a, Ca11tocd.. 'U10.
__ abO.ll bay. on4 lo .~ l1"onW .... OptlOll at - (1)
,.-r to arl.D4 the teIW8 of ~. Lit... upoD ~. .~ taraa and
oonl.11t1.cma Dr the exiat.1n; t.eaM ~, vl'tZl poept1on ot t:ba
QuaranteecS. aOD'thlJ ~nt, vblDh A&11 M airtMA I&WIdra4 DoUara
($1,600.), which uount wIll be adjuRed aaeb year bY t.b&
paroctta... or ~, lt any, 1_ CoUI\mer I'ri~ :lDdaJl:, tI'.8. City
.a;Yer.~, A.ll 1~. tn4mf-lI. (1112-1... ~ 100) for tba 1&at
r .port.s period ....oj.uly lldcr 'to 'tho o.te ot 'the ...outien at
1;hu 1M... vhloh we _ tor tba MUon (to be inlt:laled .. aoem
U publ1abeCS). In t,M, ev6flot till. 1nl:la Da1l M ...natur
ean'Vnte4 tliJ . d.ltf-.reD1:. iRandard uterance Ma. or ot:bezV1_
"yUBa, 'the aate.na1natlOA of percc1taQe. lncreaaa shall be, Md.
U81nv .uc:Il convu..lon factor tora\lla or table .. "'Y be pulIl1u.ed.
lly u.. au.r...v. ot lA.bOr ct.at.!.tlca or it.. .,.---gt' atJWK:Y.. ftb-
r.. inda1t 1Ib&l1 be known .. tM ~I' en tl;ure._for-~pvpaM of till.
Lin... tMri...; -the 'p:th .emU of th. I'd.~r)"i, 0 ~.~ ftm, , t.b. ~. 0 u'
parU.. .haU .~..1:it ~v.a with t.)ae eoaau...r PrJ..aa Ind8.
rapart.c:I dl,lrln~ 'tba~ -=mth ancs -.ball 4eu.n.1ae ~ .-ount:. I:Iy wicll.
Ute OoM>\laIU I'doe In4ez npDrl.t turing u.... ~ ..11 .....
1ncreued over .d4 bu. CPl f19Un. "l'M nount of 'tbb :I.nc:rN..
beg'iMing the fir_t 4ay ot U.e tara axUnd.ac. by u.t.a OptIon ab&11
M ccnv.n..4 to .. pccentage of lncna.. .,.er tb. ba.. CPJ fl9Uft,
and u... ;uaracu.:1 acmUl.1J' , r.nt. ~1 be iAor..M4 .,. t.ha ....
paroant.9. .. Hid ,.roenu,g. of ~...
'X" .order foIr ftnant..'&O axuoi.. Ia Opt.10ft .. ,roOti... ""'11\,
~n.nt ah..l1 d.liver writ.tan notioe Dr ita ....rcb. ot the Optlon
k: I.a.Ju!lDrd SID later t.b.an a1xtr (10) tiap prior too ~ u.... DpOJI
~i=, tba ~iaa~ ~ a.qir-... ' . .
o - 'lft ~ .~. dlo1dftlJ the t.N'a ot thb LM_ __11 the VUarurt.M4.
aonthly rant actablUh.4 tor aac:b tv.lva-aonth 1*1'104 be 1... 'tbaa
for tha baaadia"lJ pncacU.~ t..elva1OZl\;h pariod..
. a.ic:1 OpUOD. 1a; a::>>r...ly OOD41UOMC &ad CODt.1aqell.t upon the
follow1"'91 0
(1) 'Zeaasst. not baiD;" ln default of &nJ of t.be pro'f'bJoa.a,
tA~ or ooDdlt.J.ona ot it.. x..- A.;n...nt:. at Ua t.t.. .aid OpUOIl
1a ~ro1aed or pdor w 'tile .rra~I.... aau Of tIlA opUOD.
(2) '!'ba ~nt ~ .tn pM....I011 Df 'tM Pra.1..., nat !u
...iroa. or:;' aubl...... "in9 U. 'i'anant ln~ toe._aion Dr Ce
J'ru ._ .t. u. t:.u. of !'&Aut.I. .lacticm t.o ~&rCIia. SUO Optlon.
'11!1: A!IOVZ XB BEJtD1 &.PPaOVID, Cl;IKF1IDIZD, AGRK&D '10,
~DaED un J.CCIPRD OJ( ftll DA.'1 or
1"4. n SU'1'A ~'lCA. CA.
ern 01' cmn.a. T%nA
DmOII '1I'lta COUQau"lOl(
ar. GL.g~
/' UWIT
%~. Cf~
ar..~P.~
,.J,oe rru1daat
FjJ----n
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,
ADDITION TO LEASE AGREEMENT BETWEEN
KELTON TITLE CORPORATION AND
THE CITY OF CHULA VISTA FOR PREMESIS AT
lSS0 EAST H STREET. SUITE J, CHULA VISTA. CALIFORNIA.
Tcn:mt'~ Riroht 1~) Tcnnin:ltc nile to T .:'lck ofFllndil1f"t; Lomdlord recognizes that Tenant is
dependent upon a public Sf:mt from U,e California Department of Transportation and Ule
COWlty of San Diego in order to fund its operation on the premises. IfTcnlUlt is notified
by the State or County that either of these grants have been c:mceled, Tenont shall have the
right, upon 30 days written notice to Landlord, to tennin.ate tIlls lease without any def:lult '.
or penalties, provide:l that Tenant reimburses Lamlord for its out-<:>f-pocket
expenses it has incurred in connection with this lease (i. e., cost of one
additional handicapped restrocm and the acc:anpanying equi];IlleIlt, etc.), the
o:lst of which shall":Ti:texceed S3...?OO. In order for Tenant's ootice of cancellation
to be effective, Tenant shall de.uver such out-<:>f-pocket expenses to Landlord "',tl1,.
APPROVED BY: its notice.
CITYOFCHULA VISTA
KELTON TITLE CORPORATION
BY:
.BY
DATE:
DATE:
.
6EcJ.7
ADDmON TO LEASX AGUEloaNT UTWEltN
JCXLTON'J'lTLE CORPORATJONANIl
THE CITY OF CBt1I.\ Vl!TA FOR PREMUIS AT
1!SI EAST B STREET. 5UTI'II, QiULA VlST A. CALIFORNIA.
""'-"'. 'D.., Yl ,.~:__ ~ k'I Y.-!t JJJr.-r__ t..Icri,...-. t.al1'-"_
..,...sa1lflClm. ~ p.rla:a "C:aUI:iaIaDIJ-'-4 of~QD -..
~d"'llloIOlIlOO:-."-"';"-."--' In_"_
.,. .._..c:o..r........c_......... _-. ,....-n_..
Iitld. .poaJCI '-l'--"LaadIcri, ...........--...,- .
...-J......~~9Inmt-'. ~_ita""~.'
...... it t.- ~ 11'1 . I... wiu thU ~ (i..., a:a Df mw .0.
_ -._..t11t1a:1A1t.:..-ol.4 . .~'atbu.~-r.4:' ';1ItC.),t:JD ._--. ---------." _.
.~-~ ~oit~..~":i:!i ~ ~ . ~~ .,..- . -..,-
APf"R,OVWBY: iulElt1.ca. ~. .
-1" . .
an' OF aItJL4 'VIS'l'A
KELTON 'lTlU c:quau.TIOlf
ft. OLbifr- .,-.
DIo~ ,e;t' -I(.~f
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EXECUTIVE OFFICE
2716 OCEAN PARK BLVD., SUITE 3006
SANTA MONlCA. CALIFORNIA 90405-5207
PHONE (310) 396-451.
FAX (310) 399-0062
Mr. John Goss
THE CITY OF CHULA VISTA
1550 East "H" Street, Suite J
Chula Vista, CA 91913
January 13, 1997
Re: Proposed Lease Extension for
1550 East "H" Street, Suite J
Chula Vista, CA
"
Dear Mr. Goss:
We are in receipt of the copy of Purchase Order No. 211061; for the sum of
$10,200. In accordance with our Letter of Agreement (dated 10-30-96) under which we
agreed to extend the time that you had to exercise your Option to Extend to 12-31-96,
we understand you are exercising your Option to extend your Lease to 6-30-97, at the
rate of $1,700 per month.
Please sign below signifying your acceptance and return a copy of this letter to
our office at your earliest convenience.
Very truly yours,
KELTON TITLE CORPORATION
BY:~~
Brooks R. Borror
Vice President
THE FOREGOING IS HEREBY ACCEPTED, A~D TO, ACKNOWLEDGED
AND CONFIRMED THIS ~ ( DAY OF . ~t/ ,1997. .
c/
THE CITY OF CHULA VISTA
By: QL j) /\'7-o-v
&Goss Lessee
f{E .-' ..2.~
.....................' '/""'-
~
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em Of
CHUlA VISTA
TELECENTER
October 30, 1996
Bollenbacher & Kellon, Inc.
Brooks R Borror
2716 Ocean Park Blvd., Sic. 3006
Sanla Monica, CA 90405-5207
310-396-4514
Dear Brooks:
~
TIle City ofChula Vista Telecenter's lease for suite #1 in the Otay Lakes Plaza building will expire on
December 31 1996. Based on addendum II from the original lease (see attachment), the only provision
is for the City of Chula Vista to update Bollenbacher & Kelton 60 days in advance prior to December 31,
1996 on whether or not the Telecenter will be able to exercise the second option of one (I) year to extend
the terms of the lease or cancel it based on a lack of funding received to continue operating.
By this letter the City of Chula requests that the City retain the right to exercise its one year extension
(for additional term commencing January I, 1997 until December 31, 1997Yuntil June 30, 1997. For the
period commencing January I, 1997 until such date, the City would continue renting on a month to
month basis at a rate of$I,700.00 per month and in accordance with all other existing terms of the lease.
If you are in agreement with this proposal, please sign both copies of this letter and return them to me. A
signed copy will be faxed to you and then an original mailed to you for your records.
J
AngieJarchow
City of Chula Vista Telecenter - Telecenter Director
The undersigned Lessor hereby approved, confirmed, agreed to, acknowledged and accepted the
above agreement.
Lesso~r:~ ~~/ &4J;f-fT/MJ.
Belle ~c.
By: . .~~.
Print Name: ~c1Pd ~ ~~
By:
Chula Vista
/ "
,:. f) J
J;11lJ 6-0$'S
8B ~cJ-l
1550 EAST H STREET' SUITE J . CHULA VISTA' CALIFORNIA 91913 . (619) 585-5666 . FAX (619) 656.3087
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CllY Of
(HUlA VISTA
TELECENTER
January 4, 199&
Bollenbacher & Kelton, Inc.
Linda Lasher, Property Manager
5109 Waring Road
San Diego, CA 92120
Dear Linda:
"
The City ofChula Vista Telecenter's lease for suite #1 in the OUIy Lakes Plaza building expired on
.!l!bc.lll~. The City has becn operating on a month to month basis at the current rental rate and
otherwise in accordance with the terms of the lease as was agreed upon when the lease expired. The only
provision was that the City of Chula Vista updat on weer or not e e ecenter
will be able to extend the lease or cancel it based on funding received to continue operating. As of
November '95, thc City ofChula Vista Telecenter received funding to continue operating until December
'96. Based on O'Jr meeting on December 19, 1995, the following agreement was made:
The lease terms shall be e>."tended until December 31, 1996 on the same terms and conditions of the
existing lease, at the same rate of $1600 per month.
In addition, the City is requesting request a second option of (1) year to extend the terms of our lease upon
the same terms and conditions of the existing lease agreement. Please refer to the attached Addendum II.
Please sign both copies of this letter stating our agreement, as well as the attached Addendum II and mail
back to the City for our signature. An original signed copy of both will be mailed to you for your records.
Kelton
Title
OJ ration
i
Sincerely,
Angie Jarchow
City ofChula Vista Telecenter - Te)ecenter Director
The undersigned Lessee hereby approved, confirmed, agreed to, acknowledged and
accepted the above agreement.
wsor:
B8~ltHI:lReltBr l.r Kf:ItOA, IJ'~.
Kel~tiOn ~
By: . ~
Dale: January 10, 996
Lessee:
:~d~-;if.
Da;~ 21, I
Print Name: Brooks R. Bo=r Print Name:
Vice President
. *The offer contained in this letter shall expire and be of no force or effect
unless =unter-signed by a duly aut.h?rized repres~tative of the. City of
Chula Vista and returned to Kelton T1.tle OJrporation, no laEerthafi-l-jI-96.
1550 EAST fiSTR1:n-;-SOlTn .;. CHUIAVISTA . CALIFORNIA 91913 . (619) 585.5666 . FAX (619) 656-3087
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ellY Of
CHUlA VISfA
TELECENTER
ADDENDUM rr
The undersigned parties agree to the following with reference to the lease Agreement dated July
!S, 1994 by a."1d be~wecn Ke}tou Title: Corporad.:>n, as Landiord, and the City cfChu!~ V:5ta., as Tenant, for
the Premises of 1550 East "H" Street, Suite "1", Chula Vista, California 91913:
Tenant shall have and is hereby granted a second Option of one (I) year to e>.."tend the terms of this
Lease upon the same terms and c9!l~itill'A' ~fthe existing Lease Agreement, at a Guaranteed Monthly Rent
;Seventeer! rale of Si"teea Hundred Dollars~Otf"Tenant exercises such optiod';'the option term shall
commence on January I, 1997 and terminate on December 31, 1997, unless otherwise extended by the
parties in writing or otherwise pursuant to the terms hereof.
"
The above is hereby approved, confirmed, agreed to, acknowledged and accepted.
Lessor:
Bollellclldlcl &. I[dtoaAluc- .
Kelt~~~e ~orporat1on
BY:~ ?~, ~
Date: ,T;mllFlry 10. 1996
Print Name: Brooks R. Borror
Vice President
Print Name:
[<which shall be effected by Tenant
giving notice to Landlord o~ its
election to exercise its option,
no lass than 50 days pric~ to date
f Lease termination}.
1550 EAST H STREET' SUITE J . CHULA VISTA' CALIFORNIA 91913 . (619) 585-5666 . FAX (619)656-3087
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BOLLENBACHER & KELTON, INC.
5109 Waring Road. San Diego. Calilornia 92120 . Phone (619) 582.9117
2716 Ocean Park Blvd.. Suile 3006. Santa Monica. California 90405.5207 . Phone (213) 396-4514
OIfoeers
lOUIS L Kellon
RIChard Kelton
DaVid Kellon
R J Swaner
Mark Kellon
June 7, 1995
City of Chula Vista Telecenter
Angie Jarchow, Telecenter Director
1550 E. "R" Street, Suite J
Chula Vista, Ca. 91913
"
"
Dear Angie:
As you know, your lease for Suite UJ in the Otay Lakes Plaza building will
expire on June 18, 1995. Based on our phone conversation on May 30, 1995,
the following agreement was made:
Under the terms of your lease, Bollenbacher & Kelton, Inc. will allow
the City of Chula Vista to continue on a month to month basis through August
31, 1995 at the current rental rate and otherwise in accordance with the
terms of the lease. The contract includes a rental rate of $1,600.00 per
month. The only provision is that the City of Chula Vista call Bollenbacher
& Kelton, Inc. in July to update them on whether or not the Telecenter will
be able to extend the lease after August 31, 1995 or cancel it based on
funding received to continue operating.
SA::/~,
~n~r & Kelton, Inc.
By: Linda Lasher, Property Manager
The undersigned Lessee hereby approved, confirmed, agreed to, acknowledged
and accepted the above agreement.
Lessor:
:::J;il;~
Print Name: L.lnoo l..-a5.h<<
Lessee:
The City of Chula Vista
By:
Print Name:
gg~3o
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item '9
Meeting Date 8/26/97
Report On Proposal To Replace All Red Incandescent Traffic Signal
Lamps With Light Emitting Diode Lamps To Save Energy Costs.
Resolution Jt'?~? authorizing a $251,750 loan from the Trunk Sewer
Capital Reserve Fund, appropriating the loan proceeds and unanticipated
revenue from the SDG&E Incentive program to a new CIP - Traffic
Signal Lamp Replacement Program and authorizing the Mayor to execute
a Commercial Industrial Incentive Agreement with San Diego Gas &
Electric Company for the replacement of incandescent lamps to light
emitting diode lamps.
Director of Public Works ~
Director of Finance f'-f?
Environmental Resource X't":ge~
City ManagerJ4 bvn ()~ \ (4/5ths Vote: YesXNo_)
The City is in a position to save approximately $88,000 per year in energy costs (1,316,874
Kwh) by switching the red traffic signal indication lamps from incandescent lamps to light
emitting diode lamps. San Diego Gas & Electric Company has an incentive program that
offers up to $15.00 rebate per light. The relamping project must be completed by December
1, 1997 in order to receive the incentive. This project is part of the City's overall Carbon
Dioxide Reduction and Energy Conservation Plan.
RECOMMENDATION: That Council:
a). adopt the resolution authorizing a $251,750 loan from the Trunk Sewer Capital Reserve
Fund and appropriating the loan proceeds and $23,250 in unanticipated revenue from the
SDG&E Incentive program to a new CIP - Traffic Signal Lamp Replacement Program and
authorizing the Mayor to execute a Commercial Industrial Incentive Agreement with San Diego
Gas & Electric Company for the replacement of incandescent lamps to light emitting diode
(L.E.D.) lamps; and
b). authorize the Purchasing Agent to cooperatively purchase L.E.D. lamps through City of San
Diego contract with Synchronex.
DISCUSSION:
It is recommended that this project be financed internally through a 4 year loan from the Trunk
Sewer Capital Reserve Fund carrying an interest rate equal to the investment pool earnings rate.
9-/
Page 2, Item_
Meeting Date 8/26/97
The amount of the loan is small enough and the duration is short enough so as to obviate any
significant impact on the Sewer Fund. An alternative would be to borrow the money from
SDG&E. Although the interest rate is currently comparable to the internal borrowing rate, it
is a variable rate program, meaning that the rate will fluctuate with the short-term market
during the term of the loan. Since the internal rate will fluctuate much less over the term of
the loan than the SDG&E rate, it is not recommended that the City assume the interest rate risk
associated with the SDG&E loan program.
The City will also save administration costs by partiCipating in the City of San Diego's
purchasing procedures. All L.E.D. indications will comply with City of San Diego
Specifications and general provisions as set forth in bid number C6182/97. As the result of
a competitive bid process, the City of San Diego has awarded a contract to Synchronex for
purchase of L.E.D. lamps. There is a public agency clause which enables the City of Chula
Vista to purchase against this contract. Council Resolution 6132 and the Municipal Code
Section 2.56.270 authorizes the Purchasing Agent to participate in cooperative bids with other
governmental agencies.
The adoption of the resolution and execution of the agreement with SDG&E by the Mayor
would allow the City to participate in this program and realize about 15% in traffic signal
energy savings. In Table I below, a savings analysis is shown for the Council to consider:
I TABLE I - L.E.D. TRAFFIC SIGNAL SAVINGS ANALYSIS !
.
12" solid red 8" solid red 12" red arrow TOTAL
Number of lamps 1450 124 300 1874
Material Costs (w/tax and $123.37 $80.81 $75.43 $211,540
Shipping & Handling)
Labor $12.00 $12.00 $12.00 $22,488
Total Installed Cost $135.37 $92.81 $87.43 $234,028
Contingencies $40,971
Total Project Costs $275,000
SDG&E IncentivelLamp ($15.00) ($0.00) ($500) ($23,250)
Net Project Costs $251,750
Annual SavingslLamp ($43.90) ($16.79) ($75.01) ($88,240)
($ & kiloWatt hour) (655 Kwh) (251 Kwh) (1120 kWh) (I 3 MkWh)
Project Pay Back Period With Labor And Incentive 2.85 years
9-2
Page 3, Item_
Meeting Date 8/26/97
Using the most recent inventory of the work to be done, the number of signal indications to
be converted has been updated as shown above, therefore, the pay back period based on the
anticipated energy savings for the project is just under three years. Based on current energy
rates, the City will continue to save approximately $88,000 per year in signal utility costs.
Although the LED. cost per lamp is high compared to the incandescent lamps, the cost
savings results from the significantly lower energy costs and the longer life, 8 to 10 years, of
the L.E.D. lamps, versus the higher energy costs and the 3 to 4 year life of the incandescent
lamp.
The SDG&E incentive is $15.00 per 12" solid red or $21,750, and $5.00 for each 12" diameter
red arrow indication or $1,500 for the project. There is no incentive offered by SDG&E for
switching over the 8" solid red lamp to LED., although there is still an energy savings for the
City to re-lamp these also. The total incentive amount is $23,250.
Staff has solicited informal labor contract bids and received two. The lowest bid is $22,488
which is within the City Manager's authority to approve The incentive funds from SDG&E
are slightly greater than the $22,488 in labor costs to switch over the 1874 lamps to L.E.D..
Staff has received an informal bid from a contractor who is capable of doing the relamping
project within the time constraints of the SDG&E incentive limits.
Staff has prepared the following proj ect cost:
12" LED. solid red lamp
8" LED. solid red lamp
12" L.E.D. red arrow lamp
LABOR COSTS
SUM
$114.50 plus tax X 1450
$ 75.00 plus tax X 124
$ 70.00 plus tax X 300
$12.00/lamp X 1874 lamps
= $178,891.94
= $ 10,020.75
= $ 22,627.50
= $ 22.488.00
= $234,028.19
SAY
= $ 35.104.23
= $269,132.42
= $275,000.00
15% Contingencies
TOTAL COSTS
(SDG&E Incentives for work completed by 12/01/97) =($ 23.250.00)
NET PROJECT COSTS = $251,750.00
FISCAL IMPACT: The project will be funded by a $251,750 loan from the Trunk Sewer
Capital Reserve Fund 222 and an incentive of $23,250 from SDG&E. These funds will be
appropriated to a new CIP No. 250-2501-TF256 Traffic Signal Lamp Replacement Program.
Energy costs in the operating budget are reimbursed from Gas Tax Funds. Fund 222 will be
repaid the $251,750 plus interest of approximately $31,300, over the next four years. Annual
payments of principal and interest will be approximately $70,760. The utility budget for the
9-3
Page 4, Item_
Meeting Date 8/26/97
City's traffic signals will be reduced by approximately $88,000 beginning in fiscal year 1998-
99. The City will realize approximately $50,000 savings in utility costs this fiscal year
(December 1 to June 30).
Attachments: A.
B.
Letter from SDG&E dated 5116/97 NOT SCANNED
Letter from SYNCHRONEX dated 5114/97NOTS(.'ANNED
File: 0735-10-1F256
(REV. 3124(97 1:25 P.M.)
H:\HOME\ENGINEER\AGENDA \LEDLAMP.FXR
9-'/
RESOLUTION NO. / 'if? t 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING $251,750 LOAN FROM THE
TRUNK SEWER CAPITAL RESERVE FUND, APPROPRIA-
TING THE LOAN PROCEEDS AND UNANTICIPATED
REVENUE FROM THE SDG&E INCENTIVE PROGRAM TO A
NEW CIP TRAFFIC SIGNAL LAMP REPLACEMENT
PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE A
COMMERCIAL INDUSTRIAL INCENTIVE AGREEMENT WITH
SAN DIEGO GAS & ELECTRIC COMPANY FOR THE
REPLACEMENT OF INCANDESCENT LAMPS TO LIGHT
EMITTING DIODE LAMPS
WHEREAS, the city is in a position to save approximately
$88,000 per year in energy costs (1,316,874 kWh) by switching the
red traffic signal indication lamps from incandescent lamps to
light emitting diode lamps; and
WHEREAS, San Diego Gas & Electric Company has an
incentive program that offers up to $15.00 rebate per light; and
WHEREAS, the relamping proj ect must be completed by
December 1, 1997 in order to receive the incentive; and
WHEREAS, this project is part of the City'S overall
Carbon Dioxide Reduction and Energy Conservation Plan.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby authorize a $251,750 loan from the
Trunk Sewer Capital Reserve Fund and appropriating the loan
proceeds and $23,250 in unanticipated revenue from the SDG&E
Incentive program to a new CIP - Traffic Signal Lamp Replacement
Program.
BE IT FURTHER RESOLVED that the City Council does hereby
approve and the Mayor is hereby authorized to execute a Commercial
Industrial Incentive Agreement with San Diego Gas & Electric
Company for the replacement of incandescent lamps to light emitting
diode (L.E.D.) lamps, a copy of which shall be kept on file in the
office of the City Clerk as Document No.
BE IT FURTHER RESOLVED that the Purchasing Agent is
authorized to cooperatively purchase L.E.D. lamps through City of
San Diego contract with Synchronex.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
c: \rs\ledlarnps
9~
ATTACHMENT "A"
SDG~.
-13 San Diego Gas & Electric
An Enova Company
P.O. BOX 1831 . SAN DIEGO. CA 92'12""50 . 619 1 69&-2000
May 16, 1997
FILE NO.
Ms. Gena Franco
Civil Engineer
City of Chula Vista
276-4th Avenue
Chula Vista. CA 91910
D= Ge~.a:
Enclosed is the savings analysis you requested for the replacement of the City of Chula Vista's red
incandes=tlnlffic signal lamps with LED's. The analysis reflects the use of the Ecoluxlamps being used
by the City of San Diego in its lamp replacement Please note that the purchase price is significantly lower
than the prices used in your earlier analysis. The city will save $96,735 and 1,443,813 kWhrs per year by
replacing the incandescent lamps with LED's. The payback is less than two years.
As we discussed., San Diego Gas & Electric is offering an incentive of$15 for each 12" red ball replaced
and $5 for each 12" red arrow replaced, if the replacements are completed by December I, 1997. Based on
the estimated 1808 lamps in the City of Chula Vista. our incentive will be $22,100. The incentive amount
will be adjusted for the actual number oflamps replaced.
Please note that SDG&E will not be providing incentives for the replacement of lnlffic signal lamps after
1997, so the more lamps you can replace this year, the beueryour savings will be.
Please call me at 621-8831 if you have any questions or if you would like me to prepare an incentive
contract for your signature.
Since-rely ~-"
W.F. Daiber
Account Executive-Trade Allies
New Business Development Services
c.. Neil Sybert
9-~
SYNCIIRUNEX
1420 N. Claremont Boulevard, Suite 200D
Claremont, CA 91711
1420 N. Claremont Boulevard, Suill:l 2000
Claremont, CA 9171'
ATTACHMENT "B"
- Memorandum
Michael P. Girardot
Vice President,
909.482.t04O\
Fax 909.482.1044 '
E.MaiI mpg3@ix.Detrom.com
Date:
Wednesday, May 14, 1997
To:
RALPH LEYVA
From:
MICHAEL P. GIRARDOT
Subject:
LED Signal Heads
SYNCHRONEX was r=tly awarded the City of San Diego LED procurement contract
for approximately 14,000 LED signal head retrofit kits.
The prices for the 3 ea types of units purchased arc:
12" LED Red Ball $114.50
12" LED Red AIrow $70.00
8" LED Red Ball $75.00
In addition, San Diego Gas andEJectric isrebating $15.00 and $5.00 for 12" Ball and 12"
Arrow kits, respectively.
The Ecolux lamps which we are providing are in compliance with the new ITE specs.,
bum 14 watts for the ball, 8 watts for the arrow, and have an amazing .9982 power factor
rating,
In our bid. we agreed to honor these same prices for any public agencies which work with
San Diego Gas and Electric. If you have ever considered, changing out your city to LED
signal head sections, I advise thaI you act immediately to attach on to this opportunity.
Funding is available so that there is no cash outlay up front. The payback for a 12" lamp
with a real cost to the end user ofless than $100.00 can be less than one year depending
on your cost per kilowatt hour of energy.
For further information call me immediately!!!!
S~~L/AJ
{l{Vlirrardot' ,
SYNC.HR.ONEX
9-7
Telephone: 909.482.1040
Fax: 909.482.1044
E-Mail mpg3@ix.nelcom.com
SDG~'
-f San Diego Gas & Electric
An Enova Company
COMMERCIAL INDUSTRIAL INCENTIVE AGREEMENT
This Agreement is entered into between SAN DIEGO GAS & ELECTRIC ("SDG&E"), a California
corporation, and CITY OF CHULA VISTA ("Customer"), Contract #47591.
In consideration of the mutual covenants and conditions contained herein, the adequacy of which is hereby
acknowledged, the parties agree as follows:
1. Customer agrees to:
a. Replace certain equipment with energy efficient equipment, as set forth in Attachment I,
("Equipment") located at 276 Fourth Avenue ("Facility") in the city/county of Chula Vista, CA
91910 as set forth in Attachment J. Customer acknowledges that the Incentive will be adjusted if the
actual equipment purchased and installed differs from that set forth in Attachment 1. Customer also
acknowledges that no incentive will be paid for equipment in excess of that set forth in Attachment I.
b. Provide SDG&E with a detailed invoice of and proof of payment of the purchase and installation cost
of the Equipment. Customer's invoice(s) shall include, as to each piece of Equipment: installation
date, equipment description, make/model number, quantity, equipment size, unit price, equipment
cost, labor, and total installation cost.
c. Pay any taxes which may be imposed on Customer's business or Facility as a result of Customer's
receipt of the Incentive hereunder. Customer will provide SDG&E with their Federal Tax ID number
for tax purposes.
d. Cooperate with SDG&E in the verification by SDG&E of both the purchase and installation of the
Equipment.
e. Provide SDG&E with a written request for pa}TIlent of the Incentive when the conversion IS
completed.
f. Allow SDG&E to inspect the Equipment at reasonable times, both before and after installation of the
Equipment, to verifY Customer's compliance With its performance obligations under this Agreement
and to conduct such monitoring or other activities as may be appropriate or required to obtain full
regulatory benefit from the Facility. This paragraph shall survive the termination of this Agreement.
g. Continue using the Equipment for a period of five years from the date the fmal Incentive payment is
made under this Agreement. Customer acknowledges that the Incentive amount is based upon a
Customer's using the Equipment for a minimum of five years and that failure to comply with this
paragraph will obligate Customer to pay liquidated damages to SDG&E under Paragraph 10 of this
Agreement.
2. Customer represents that it has read, understands, and agrees to comply with the Equipment Specification
Sheet (Attachment I), the Program requirements (Attachment 2), the Terms and Conditions attached hereto
and incorporated herein by reference, and this Agreement.
3. Customer warrants that Customer has received authorization from the owner of the Facility to enter into this
Agreement and to perform the installation/retrofit work contemplated by this Agreement. Customer also
warrants that all Equipment installed pursuant to this Agreement shall remain in place throughout the time
period set forth in Paragraph Ig, regardless of whether Customer ceases to occupy the Facility. If the
CKGFORM Rev 08118197
9~t);-Y
Equipment is removed for any reason prior to the expiration of such time period, Customer agrees to pay
liquidated damages as set forth in Paragraph 10.
4. When the replacement is completed and Customer's documentation has been approved by SDG&E, SDG&E
agrees to pay an Incentive to Customer upon inspection and approval of the purchase and installation of the
Equipment by an SDG&E representative. The inspection is for the sole purpose of verifying that Equipment
is installed and operational in compliance with the Program; it is not a safety inspection.
5. The total potential incentive for the Facility under this Agreement is $23,350.00.
Equipment
1450 LED Traffic Lamp Balls
300 LED Traffic Lamp Arrows
Total
Estimated Equipment Cost
$ 166,025.00
$ 2100000
$ 187,025.00
Total Incentives
$21,750.00
$ ] 50000
$23,250.00
The actual Incentive may be less than the total potential Incentive if the actual installation cost is less than the
estimated installation cost.
6. The funding approveci for this Program is limited and will be paid on a frrst-come, frrst-serve basis to qualified
Customers according to the date of verification of purchase and installation under paragraph 3.
7. SDG&E reserves the right to disqualify the Customer due to an incomplete submission or if, in its sole judgement
the equipment installed is different than the Equipment identified in Attachment I.
8. The selection, purchase and ownership of the Equipment is the sole responsibility of Customer. SDG&E makes no
representations as to the safety, reliability, and/or efficiency of the Equipment selected, or any components thereof.
SDG&E makes no warranty, whether express or implied, including any warranty of merchantability or fitness for
any particular purpose, use or application of the Equipment.
9. This Agreement shall be effective on the date it is signed .by an SDG&E representative. Purchase and installation
of the Equipment must be completed on or before December I, 1997. If Customer cannot provide proof of
Customer's purchase of the Equipment and proof that the Equipment is located, installed and operational at the
Facility on or before December I, 1997, this Agreement shall terminate automatically on such date.
10. After the customer's receipt of an incentive payment, in the event the Customer fails to perform in accordance with
this Agreement, said Customer will be responsible for paying Liquidated Damages equal to the amount of the
incentive payment attributable to the period of non-performance Dlus interest at the legal rate. The interest charge
represents the estimated lost earnings to SDG&E assuming these funds had been available to SDG&E for invest-
ment during the period of performance.
CKGFORM Rev 08118197
9-9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers and
representatives.
CITYOFCHULA VISTA
SAN DIEGO GAS & ELECTRIC
Signature
~k-
Print Name
M J. Allen
Print Name
Manaper MarketinQ ~ervice~
Title
(/;"/'77
.
Title
Date
Date
Is Company Incorporated? Yes_
No_
Exempt_
Please provide Federal Tax ID #:
Federal Tax ID #
CKGFORM Rev 08118/97
9~/o
ATTACHMENT 1
EOUlPMENT SPEC SHEET
Customer:
City of Chula Vista
New Equipment:
Qty Description Unit SizelMeasure MakeIModel #
(EER, COP)
1450 12" Red LED Traffic Lamp Balls 14 Watt Ecolux
300 12" Red LED Traffic Lamp Arrows 8 Watt Ecolux
Existing Equipment:
Qty Description Unit SizelMeasure MakeIModel #
, , (EER, COP) ,
1450 12" Incandescent TIS Lamps 150 Watt
300 12" Incandescent TIS Lamps 150 Watt
CKGFORM Rev 08/18/97
9-//
ATTACHMENT 2
COMMERCIAL INDUSTRIAL INCENTIVE PROGRAM REQUIREMENTS
San Diego Gas & Electric does not promote or require the use of specific contractors. Incentives
for which you may be eligible under your contract with San Diego Gas & Electric are not linked or
affected by contractor choice.
Customers may choose a contractor ofhis/her choice, unrelated to the following options.
The following information is pertinent once you have chosen a contractor:
The contractor can not begin the job until you have received a copy of the contract signed by
SDG&E. We will not pay an incentive on measures where installation commenced before the
contract is fully executed.
The following information pertains to time limitations, inspections, and check generation:
Contracts are valid 90 days from the date generated. Unsigned contracts which exceed the 90-day
limitation will be automatically cancelled and will not be valid.
You will receive two contracts for original signature. Please return hQtb contracts to your Account
Executive. Contracts are not valid until signed by SDG&E. An original will be returned to you.
Please note that each contract requests information regarding whether or not your company is
incorporated as well as requesting your company's tax ID number. Both of these information
requests (incorporation and tax identification) are necessary to process payment once your
installation and inspection requirements are met.
The contractor must install all of the equipment specified in the contract. The amount of the
incentive is dependent on the quantity of measures. actually installed. If less equipment is installed
than was specified in the contract, the incentive p.aid will be less than indicated in the contract.
Also, if the contractor installs more equipment than specified in the contract, the additional
equipment will not qualify for an incentive.
If you have any questions regarding any of the above program requirements, please contact your Assigned
Account Executive directly.
9-/cA
TERMS AND CONDITIONS
,. Contract Formation. By this Agreement $DG&E offers to enter into a
contract with Customer upon the terms and conditions stated herein.
Any additional or different terms and conditions which have been
proposed by Customer prior to the date of this Agreement are hereby
expreSSly rejected. Any additional or different terms and conditions
proposed by Customer after the date of this Agreement shall be of no
force or effect unless expressly agreed to in wrrting by SDG&E.
Customer accepts and shall be bound by the terms and conditions of this
Agreement when it executes the agreement or. when it commences
performance. No other form of acceptance shall be binding on SDG&E.
2. Perfonnance. Customer shall perform its obHgations under this
Agreement in a skillful and professional manner to SDG&E's satisfaction.
3. Warranties. Customer expressly warrants that all work performed and
all materials furnished by it or its subcontractors, shall be in accordance
with applicable safety standards, governmental regulations, and
specifications, and shall be free Trom defects in materials or
workmanship. Customer shal~ at its expense, within a reasonable time
after receipt of wr,itten notice Tram SDG&E of any such defects, repair or
replace any defectIve work or materials.
4. Independent Contractor, Customer is performin9 its obligations under
this Agreement as an independent contractor, and no principal-agent or
emgloyer-employee relationship shall be created. Customer represents to
SDG&E that it is properly equipped, organized staffed, financed,
experienced, qualified, and licensed to perform its obligations hereunder.
5. liens. Customer shall be responsible for payment of any liens or claims
by persons who furnish material or perform work. At the time of
Customer's completion of its obligations under this Agreement, upon
request by SDG&E, Customer shalr provide satisfactory evidence that it
has paid all liens or claims of such persons. Until all such liens or claims
have been fully discharged, SDG&E may retain from any amount due
Customer under this Agreement such amounts as may be necessary to
meet any such liens or claims.
6. Compliance with Laws. Customer shall be deemed to be familiar with
and at all times shall comply with, aU apphcable federal, state, and local
laws, ordinances, rules, regulations, and executive orders, all applicable
safety orders and all orders or decrees of administrative agencies, courts,
or other legally constituted authorities having jurisdiction or authority over
Customer or SDG&E, which may now or nereafter exist, including, but
not limIted to, those relating to the storage, transportation and disposal of
hazardous substances. Customer acknowledges that it, its lessor, its
sublessees, Its contractors or its subcontractors, and not SDG&E, is the
generator of hazardous substances located at the Facility (~Hazardous
Substances~) and that SDG&E's contractor may be removing and
transporting such Hazardous Substances to a disposal, treatment or
recyclJng facility.
Customer acknowledges that it is required to comply with Rule 2 of
SDG&E's Tariffs which places certain requirements on Customers who
operate equipment that causes detrimental voltage fluctuations on
SDG&E's system. The parties agree that detrimental voltage fluctuations
are those In excess of IEEE ~ecommended Practice 519. Customer
acknowledges that the operation of certain energy efficient equipment,
such as variable speed drives, electronic ballasts, and other power
conversion deVises can detrimentally impact SDG&E's system.
7. Indemnity., Customer shall defend, indemnify, and hold harmless
SDG&E, Its officers, employees, and agents, from and against any and all
lawsuits, claims, losses_, liabilIties. camages. and expenses (including
attorneys' fees) or any kind whatsoever:
a. arising out of or related to Customer's failure to comply with
Paragraphs 5 and 6 above;
b. arising out of or related to materials purchased or installed pursuant to
this Agreement;
c. ariSing out of or related to the transportation, treatment, recycling, or
disposal of the Hazardous Substances; and
d. for injuries to or death of any person, includingl but not limited to.
employe,es of SDG&E and Customer, and for a1 loss. damage, or
destructlOn of any property, including, but not limited to, property of
SDG&E and Customer, ariSing out alar in any way connected with
Customer's performance or lack of performance of the terms of this
Agreement, whether or not the conduct of Customer is negligent, and
whether or not the active or passive negligence of SDG&E, its employees,
or agents, caused or contributed to the injuries to or death of such
persons, or to the loss, damage, or destruction of such property; exceptl
this indemnity provIsIon shalf not apply if said injuries to or death 0
persons, or loss, damage, or destruction of property, is caused by the
willful act or the sole negligence of SDG&E. its employees. or agents.
8. Assignment. Customer shall not aSSign or subcontract any of its rights
or obhgations under this Agreement without the prior written permission
of SDG&E. In no event snail SDG&E's written permiSSion be construed
as discharging or releasing Customer from the fulfillment of any of its
obligations specified in this Agreement.
9. Time. Time is of the essence of this Agreement, and SDG&E reserves
the fight to terminate or cancel all or any part of this A9reement without
penalty in the event that Customer fails or is unable to perform its
obligations under this Agreement within the specified time.
10, Tennination. a. Customer may terminate this Agreement for its sole
convenience by written notice to SDG&E until such time as SDG&E pays
any funds to Customer pursuant to this Agreement, at which time such
termination ri9ht shall end.
b. SDG&E may terminate all or any part of this A.9reement upon the
occurrence of any of the following events: (i) Customer becomes
bankrupt or insolvent; (ii) Customer assigns or sublets any part of this
Agreement without SDG&E's written permission: Oii) Customer fails to
perform its obligations under this Agreement in a skillful and professional
manner, and in accordance with the applicable specifications; (IV)
Customer fails to perform its Obligations under thiS Agreement in a
prompt and diligent manner; or (v) Customer fails to perTorm or comply
With any terms or conditions of this Agreement.
c. SDG&E m~y suspend or terminate all or. any part of this Agreement
at aflY time for ItS sole cqnvenlence by wTltten notice to Customer.
TerminatIOn shall be effective upon actual receipt by Customer or its
representative of the notice, or 48 hours after deposit of the notice in the
U.S, mail, whichever occurs first. Upon such termination, an equitable
adjustment shall be made by agreement between SDG&E and Customer
for the reaso.nabje value of Customer's performance under this Agreement
pflor to termination.
11, Audit. During the performance of this Agreement and for a periOd of
five years followmg the date of final payment, SDG&E or it contracted
representative with a certified public accounting firm may audit any cost.
payment, settlement, or supporting documentation resulting from any
Items set forth in thIS Agreement. SDG&E or its representalivels) shall
conduct such audit(sl at reasonable times and in conformance with
generally accepted auditing standards. Customer shall retain all necessary
records and documentation for the entire length of this audit period and
shall fully cooperate with any audit(s).
SDG&E shall notify Customer in writing of any exception(s) taken as a
result of an audit. Customer shalt reimburse SDG&E for the amount of
any exception by refunding the amount to SDG&E within thirty days of
receipt of such notice (or, alternatively, with prior written approval of
SDG&E, by deducting such amount from amounts payable by SDG&E in
the future). If Customer fails to reimburse SDG&E for any valid exception
within the thirty day period, Customer shall also pay interest on the
amount, accruing monthly, at a rate of 10% per annum. This provision
shall not pre crude Customer from disputing the validity of any
exception(s), -
12. Subcontractor Audit Clause. Customer shall include a clause in its
agreements with subcontractors reserving the rtght durin9 the
performance of its agreement and for a periOd of five (5} years folTowing
the date of final payment under its agreement for Its own employee
representative(s), or its contracted representatives from a certified public
accounting firm, and/or for represantatives from SDG&E, to audit any
cost\ payment/ settlement, or SUPforting documentation resulting from
any Items set orth in its agreemen with the subcontractor. This clause
shall require subcontractor to agree to retain all necessary records and
documentation for the entire length of this audit period, and to agree to
fully cooperate with all such audits.
13. Insurance. Customer shall maintain in effect during the life of this
Agreement Comprehensive General Liability Insurance, including
contractual liability coverage for liability assumed by Customer in this
Agreement, with limits of not less than $1,000,000 each occurrence for
bodily injury and property damaQ..e combined. Evidence of such insurance
shall be made available to SDG&c upon request.
14. Disputes. If the total amount to be paid Customer under this
Agreement is less than $100,000, any controversy or claim arising out of
or relating to this Agreement, or the breach of this Agreement, shall be
settled by arbitration in accordance with the Commercial Rules of the
American Arbitration Association, and judgment upon the award rendered
by the Arbitrator(s) may be entered in any court having jurisdiction. The
decision of the ArbitratorlsJ will be a condition precedent to the right of
any legal action. Unless the parties agree otherwise, arbitration hearings
will be held in the City of San Diego, California, The prevailing party will
be reimbursed for any and all attorneys' fees including those Incurred in
any arbitration hearing. In no event shall the arbitration or settlement of
any controversy delay the performance of this Agreement.
15. Validity, The invalidity, in whole or in part, of any terms or
conditions of this Agreement shall not affect the validity of any other
terms or conditions.
16. Remedies. If Customer fails to ~erform or comply with any terms or
conditions of this Agreement, SDG&E may consider such failure or
noncompliance as a breach of the contract, and may cancel or termmate
this Agreement, in whole or in part. SDG&E expressly retains all of its
rights and remedies provided by law or equity in the case of breach, and
no actIOn by SDG&E shall constitute a waiver of any such fight or
remedy. The remedies reserved in this Agreement are cumulative and in
addition to any other remedies in law or equity which may be available to
SDG&E. The election of one or more remedies shall not bar the use of
other remedies unless the circumstances made the remedies incompatible.
If SDG&E reasonably determines that Customer has breached or is in
anticipatory breach of another agreament with SDG&E and that SDG&E's
ability to recover the unearned portion of an incentive paid under such
agreement is at risk, SDG&E may offset such unearned incentive amount
against the incentive payable under this Agreement.
17, Survival. The obligations imposed on Customer by Paragraphs 3, 6,
7, 10, 11, and 12 shall survIve cancellation or termination of this
Agreement.
18. Complete Agreement. This Agreement, which includes any
supplemental documents attached hereto, sets forth the entire agreement
between SDG&E and Customer, and supersedes all other oral or written
provisions. No modification of any of the provisions shall be binding on
SDG&E unless expressly agreed to In writing.
19. California Public Utilities Commission. This Agreement shall at all
times be subject to such changes or modifications as deemed necessary
by SDG&E to comply with orders, rules and regulations of the Public
Utilities Commission of the State of California as it may, from time to
time, direct in the exercise of its jurisdiction.
9~ /3
CKGFORM Rev 7/27194
DRAFT
June 25, 1997
To whom it may concern:
Representatives from San Diego State University, the University of California at San Diego,
Southwestern College, and the City of ChuIa Vista have been meeting to discuss the future needs
of South San Diego County for higher education facilities and programs, and the potential for
a cooperative effort to establish such facilities in a cost-effective manner.
In our discussions, the concept of a "higher education center," modeled after a very successful
center in Denver, Colorado, as well as other similar facilities in California and elsewhere, has
emerged as a potential approach. This concept would involve two or more of these institutions
working cooperatively with the City and other entities to establish a single "education center"
which would provide shared classroom and other support facilities for a variety of undergraduate
and graduate degree programs and research activities.
While all of the parties involved in these discussions view this concept as having great promise,
the issues regarding establishing, siting, and financing such a facility will require a significant
amount of additional research and evaluation. Therefore, through this letter we are stating our
intent to work cooperatively in further refining and evaluating this concept over the next _
months, with the goal of entering into a formal memorandum of understanding to pursue
implementation of this concept if it is determined to be in the mutual best interest of all parties.
Weare all very enthusiastic about this concept, and look forward to continued cooperation as
we move forward to evaluate this creative approach to serving the higher educational needs of
the residents of South San Diego County.
Dr. Stephen Weber
President, San Diego State University
Dr. Robert Dynes
Chancellor, University of California at San Diego
-3
Higher Education Center
-2-
June 25, 1997
Joseph Conte
Superintendent/President, Southwestern College
Shirley Horton
Mayor, City of Chula Vista
(h: \home\planning\bobl\moulett.l)
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Years of InnovaTion
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A BRIEF HISTORY
OF AURARIA
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On a weekday afternoon at 5:00 pm, when many
college campuses are winding down for the day, the
Aurana Higher Education Center in downtown Den-
ver starts picking up the pace. Cars zip in and out of
the parking lots. Students toting backpacks or brief-
cases scramble off to class - a downtown office
\,'orkcr taking night classes to get that promotion, a
single mother trying to make a better life for her
children. a recent high school graduate balancing
education and a full time job. From 7 a.m. until 10
p.m. and even on weekends, this commuter campus
puisates with energy and a sense of purpose.
Auraria's non~traditional environment offers
srudents many educational choices. Under a unique
arrangement, three separate schools - Community
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College of Denver, Metropolitan State College of
Denver, and the Unive~sity of Colorado at Denver
share space and centralized services on Auraria's
127-acre grounds. Together the institutions educate
nearly 20% of all Colorado college students. Their
combined enrollment of approximately 33,000 makes
Auraria the largest campus in the state.
The three schools provide a substantial savings
for students, ..\'ho can choose from a wider range of
programs and still pay lower tuition. than counter-
parts in other state colleges. The combined campus
has also been a boon to taxpayers and to the three
institutions themselves. The advantages of main.
taining a single library, student union, book center,
child care center and physical education building are
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evident. More subtle but equally substantial are the
cost savings derived from combining support func.
tions such as facilities manage-
ment, parking, public safety,
mail services and purchasing.
The Auraria community is
a microcosm, a dty within a
city, larger than Northglenn;
Englewood or Wheat Ridge.
The student population is al-
most evenly diVided between
men and women whose aver-
age age is 28. Many attend
classes part-time and 80% hold
full or part-time jobs.
Minorities comprise 25% of the
total student population.
The ambiance at Auraria is .
casual and ecleaic. The cam-
pus was an urban renewal project that blossomed in
the late 1960s on the site of Denver's oldest settle-
ment. Blending the old and the new, Auraria re-
flects the ethnic diversity of the original neighbor-
hood. A former Jewish synagogue, an Hispanic
church and a German brewery are landmarks from
Denver's early days. Juxtaposed with modern build-
ings, they add architectural flavor, continuity and a
visual link with the past.
The campus is an important part of downtown
Denver's revitalization. Auraria provides a gateway
to the central city and an inviting urban park. Art,
music, theater, lenures and other cultural or sporr-
ing events further involve the campus in the life of
the Denver metro area.
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The Auraria neighborhood
in the late 79605. before
campus construct/on.
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THE THREE INSTITUTIONS
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Community College of Denver
Community College of Denver is the leading
point of access for first-time college students from
the city and county of Denver, open to all students
over 16 from all educational backgrounds. Many find
CCD an advantageous starting point for college or
career, "'lith small classes and an array of academic
and personal support programs offered. CCD also
provides remedial education for all three of the
Auraria institutions.
Approximately 36% of degree seeking students
enroll in occupational programs leading to certifi.
cates or Associate degrees. Others attend general
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Many students find
CCD an advantageous
starring point for
college or career.
education or arts/science classes, many with the goal
of later enrollment in four year colleges. CCDguar-
antees transfer of credits to Colorado public four year '.
institutions for students successfully completing
general education core courses.
More than 60 percent of (CD's Associate of Art
and Science graduates transfer to a four-year col.
lege, a high percentage among the nation's commu.
nity colleges. CCD prides itself on achieving the high-
est minority graduation rate (47 percent) among all
Colorado higher education institutions.
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Metropolitan State College
of Denver
The largest of the three colleges on the Auraria
Campus, Metropolitan State College of Denver is also
the largest four-year college in the United States.
MSCD is entirely a baccalaureate institution, offer.
iog 50 majors and 68 minors in its three schools:
Business" Professional Studies, and Letters Arts and
Sciences. The emphasis at MSCD is on teaching and
on meeting students at their own level of readiness.
The school is open to high school graduates and noo-
graduates with a GED certificate. Metro State's class-
rooms aTC a rich mixture of age groups, socioeco-
nomic classes, ethnic backgrounds, and Jifest}'les.
Metro's faculty - among the most productive in the
state - are master teachers, recruited and evalu-
ated for their ability to leach and engage students.
.\.'1SCD _lakes pride in programs leading to elll-
ployment and places considerable emphasis on co-
operative education and in service learning, where
students can combine employment or volunteer
work. Metro State educates more Coloradoans than
any other college or university in the Slate, and about
80% of Metro's 36,700 graduates continue to live in
Colorado:
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University of Colorado at Denver
CV-Denver offers extensive programs, including
29 undergraduate degrees, 43 master's and six doc.
toral degrees. Three dozen majors lead to baccalau-
reate degrees in the Colleg~s of Business and Ad.: .
ministration, Engineering and Applied Science, and
Liberal Arts and Sciences. Programs are t-ailored to
meet the needs of a diverse student population, with
special emphasis on assuring professional opponu.
nities after graduation, The institution places rela-
tively more emphasis on professional and advanced
profeSSional programs and upper division and gradu-
ate level studies.
Through its New Urban University initia~ive, CU-
Denver views i/s location in dOVffitovvn Denver as a
fen ill' ground for advancing knowledge, flowing
freely between the campus and the urban commu-
nny. CV-Denver seeks to link the teaching, research
and service of its faculty to urban issues and needs
of the state, the nation and the \'\-'Drld.
The University of Colorado's College of Archi-
tecture and Planning and'its Graduate School of
Public Affairs are located at the Denver campus.
5
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AURARIA: WHERE DENVER BEGAN
6
In July of 1858, prospectors William Greeneberry
Russell and his brothers panned out seven ounces of
gold worth $200 along the South Platte, This small
strike sparked" the Pikes Peak Gold Rush, an influx
of some 45,000 fortune seekers into "the Great ..
American Desert."
The Russells founded the township of Auraria
City November 1, 1858 on the west bank of Cherry
Creek, a favorite campground of the Arapaho Indi-
ans. The settlement was named after the Russells'
home toVl'Il in Georgia, where the first major u.s.
gold boom occurred in the 18305. '~uraria" comes
from the Latin word for gold.
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By the end of ]858, the settlement boasted fifty
cabins. An intense rivalry soon developed with Den~
ver, a rowdy neighbor ~~iablished across CherrY Creek .
on November 22, 1858. Founded by the politically,
ambitious General William H. lari~er, who hoped
to make his town the hub of the gold region, Denver
City was named for Kansas Territorial Governor
James W Denver. Larimer then named the main
street after himself. In 1859 journalist Albert. D.
Richardson descr~bed the dusty encampment _ as a
conglomeration of 300 hewn pine log buildings
whose 1,000 peoplewere"a law unto themselves."
Auraria was larger than Denver,' establishing the
fir~lschool. public house and carpenter's shop. But
the flfSt stagecoach arrived instead in Denver circa
1859, . seewing Denver's future position as the Queen
William Greeneberry Russell, Aurana's
founder. was an experienced miner from
Georgia whose sma/f STrike sparked the
Pikes Peak Gold Rush of 7859.
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City of the Rocki,ef The advent' of. the, CivIl War
prompted the Russell brothers and many other
Amalia pioneers from the South to leave Colorado
to join the Confederacy.
Rocky Mountain News Editor William N. Byers
continued to lobby for unification of the two settle-
ments, a plan looked upon more favorably by
General Larimer after [he Auralia Town Company
presented him with four lots. On the chilly, moonlit
night of April 6, 1860, a ceremony on the Larimer
Street Bridge united the two
became west Denver.
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The old Tremont Hotei once considered the
most elegant establishment in town was
origlf;allya temperance boarding house
on ; 3th & Blake surrounded by 37 saloons
:.iter the 1863 fire and four major Cherry Creek
Hooas. damage in 7912 closed the hale! forever.
)t House,
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AURARIA'S ETHNIC COMMUNITIES AND THEIR LEGACY
8
The German Settlers
Campus Landmark: St, Elizabeth's Church
Auraria housed many ethnic groups during the
next century. Although original settlers were Scots-
Irish and English, a large German population also
im'migrated to Denver in the 18605, and many of
these newcomers settled in Aurana. The industri.
ous Germans, Denver's largest foreign-horn group,
were quite prosperous and influential in the city
before World War 1. Through theiT efforts, physical
education was added to the curriculum of the Den-
ver Public Schools, and German language, culture,
and music nourished.
The church played a central role in the lives of
German immigrants and other ethnic groups at
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German bakeries and
breweries were plemifuf
in turn of [he century
Auraria. Roederer's Bakery
al 7022 Larimer Sf. made
de!iveries to loca! hotels,
restaurants and saloons.
and donated baked goods
to the Franciscan monks
and nuns from nearby
SI Elizabeth's Church
"and school.
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Auraria. The German Catholics soon founded their
own parish and school which they named in honor
of 51. Elizabeth. In 1887 German-born Franciscan'
priests and brothers began fundraising for a new
church building. ThisGothic-Romanesque archit.ec-
tural beauty, dedicated in
1898, has been designated
a Denver and National Reg.
ister landmark.
St. Elizabeth's Church
was built of rusticated
rhyolite ( lava stone) quar-
ried at nearby Castle Rock,
with an interior that fea-
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tured massive oak doors, statues and woodwork
carved in Germany, and six circular ceiling oil paint-
ing~. Thanks to the fund-raising Franciscans and
the generosity of the German community, the
church was completely debt-free by 1902.
One tragedy marred St. Elizabeth's tranquil his-
tory, occurring only ten years aftenhe new church
was built. In 1908 the new pastor, 40 year-old
Father Leo Heinrichs, was shot and killed while
distributing' communion at Sunday Mass. The
assassin, an Italian socialist named Giuseppe Alia,
was captured immediately. Although the shooting -
attracted national attention as rumors of a political
plot spread, it became apparent after further inves~
tigation that Alia was mentally ill. The church was
reconsecrated and a commemorative plaque
mounted on the \vall.
Sf. Elizabeth's remains an active Catholic par-
ish, although the school and the convent were
demolished to build the St. Francis Center, an
elegant campus space for meetings and receptions.
Campus Landmark: The Tivoli Student Union
In 1859, German-born Moritz Sigi opened
Denver's second brewery on Tenth Street between
Larimer and Market. Renamed the Colorado Brew-
ery in 1966, Sigi's became a soda1 center for the
German community and the Tumverein, a German
gymnastics society \vhich is now Colorado's oldest
active ethnic organization. Under the brewery's
second Olyner, Max Melsheirner, the prominent
mansard [ower \'\'as constructed that still dominates
the campus today. Designed by prominent archi-
tects Harold W Baerreson and Frederick C. Eberly,
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Tivoli included the Turnhalle Opera House, an
elegant space for German opera and theater. In 1900
John Good bought the building and renamed it
TivolL after the world famous gardens in
Copenhagen, Denmark.
The Tivoli prospered until the 1960s, when the
1965 South Platte flood and a subsequent labor
strike forced closure on April 25, 1969. The build-
ing was slated for demolition in 1972, when the
Denver Landmark Preservation Commission
convinced City CoundI to landmark the structure.
The Denver Urban Renewal Authority purchased
TIvoli with the help of federal funds, and transferred
the property to the Auraria Higher Education Cen-
ter. Auraria leased Tivoli to a private developer, who
restored the landmark building as a specialty shop-
ping center in 1985.
In 1991, students at Auraria voted to assess
themselves $3 per semester to reacquire the build-
ing and remodel it as a combination. student union!
retail center. In 1994 the Tivoli Student.Union
reopened as one of the most unusual student unions
in the country, housing student offices, services and
organizations plus campus-oriented shops, restau- .
rants, conference fadlities, and movie theaters.
The Tivali was ca/fed
the Milwaukee Brewery
when this phOTOgraph
was taken in 7896.
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10
The Auraria Irish
Auraria's substantial Irish Catholic population origi-
nally attended services with the Germans at St.
Elizabeth's, but cultural barriers and the emphasis
on German language soon threatened [0 split the
parish. The Irish petitioned for their O\\'Il church,
reportedly after brawls between Germans and Irish
fighting over pews.
John K. Mullen, a millionaire milling mogul who
got his start in the Auraria neighborhood, donated
land at Tenth and Colfax for St. Leo the Great, the
second Catholic church in the tiny Amaria commu.
nity. The working-class parish experienced recurring
financial difficulties despite a ,congregation of more
than 2.500. In May, 1891"its pastor, community
leader Father William Q'Ryan, had to raise $11,200
to save the church from f~reclosure. Mullen pro-
vided '10,000, which was supplemented by Sunday
collections.
In the 19205 immigrants from Mexico bega~
moving into Auralia.Once again, cultural differences
arose between two. ethnic groups using the same
church. In 1923 John K. Mullen helped finance the
construction of 51. Cajetan's for Auraria's Hispanic
residents - the third Catholic Church in a six-
block radius.
By 1965 most ofthe Irish families who had sup-
paned St. Leo's had moved out of the neighborhood
and, of course, the Spanish-speaking Catholics had
/1
Madden's Wet Goods
Pictured left to right:
BanenderA1~haeIF~hiny,
Councilman Eugene Madden,
Captain Ed Madden of the
Denver Police Force,
an unidentified Denver
police detective" and
Mr Carro!/, bartender.
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their own church. After three quarters of a centul)~
St. Leo's was torn down just four years before his-
toric preservation efforts associated with construc-
tion of the campus might have saved it.
Reverend Robert A. Banigan, 5t. Leo's last
pastor, told the Rocky Mountain News, that "old age
just caught up with St. Leo's." Perhaps the ethnic
and social conllicts surrounding the church doomed
it from the beginning because, as Father Banigan
stated, "St.Leo's was built on a foundation ofpreju-
dice."
The Irish made important contributions to
Auraria's history John K. Mullen, a poor immigrant
who became a millionaire, financially supported both
51. Cajetan's and St. Leo's. Mullen. who came to the
U.S. at age 14. got his first job at the Eagle Flour Mill
on 8th & Curtis, owned by Charles W Davis of 1068
Ninth Street. The enterprising Mullen bought his
own mill in 1875, and ultimately built the Colorado
Milling and Elevator Compan)~ a corporate empire
that spread throughout the West.
Eugene Madden, Auraria's city councilman from
1912 umil1941, lived for many years in a small
duplex that now houses offices at 1047 Ninth Street
Historic Park. In J 900 he opened Madden's Wet
Goods. a saloon at 1140 Larimer Street which served
as the social and political center of Auraria, Mad,
den was an old-fashioned ward boss who regularly
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St. Leo the Great parish served Auraria S
Irish Catholics from 1898 until 1965.
walked the neighborhood kissing babies, giving
candy to the ladies, and bringing coal to the needy.
Recalled one old-timer, "You could call on him any
time. night or day, about getting somebody out of
jail or into a job".
II
Streetcars in Old Auraria - CoHax Viaduct, early 1900s
7871 saw the beginning of the city's first public mass
transit system, which was driven by horsecars By 1886,
Denver's first and the world's second electric cars went
into operation Complaints from shocked pedestnims who
accidentally steoped on the slot In the street betvveen
the rails soon necessitated a rerum to the horsecar
The Denver Tramway converted to an all.electric rail
system by 7900, when it controlled almost alf lines
h-
~
12
~
The Jewish Community
Campus Landmark: Emmanuel Chapel
Emmanuel Chapel is the city's oldest church
structure. In 1859 Colonel Lewis N. Tappan built a
non~denominational Sunday School on the site, con.
dueled by Owen J. Goldrick~ a silver-tongued jour~
nalist who was Denver's first schoolteacher. The
flamboyant Professor Goldrick later opened a public
.school with 13 students whom he
assessed $3 per term and often col-
lected in his wagon to make certain
they got to school. Grateful
Denverites elected him their first
superintendent of schools in 1862,
a post he filled for ten years.
In 1874 the Sunday school site
was purchased by Bishop John F.
Spaulding for an Episcopalian chapel. A new stone
building was constructed in 1876 with twelve.foot
by eighteen-foot wall buttresses, a mixture of Ro-
manesque and Gothic architectural
styles. Originally, rose. colored
stained glass windows enhanced
In the /960$ Emmanuel served as an
artist's studio. The building now functions
as an interinstitutional art gaffef1j
.....;......
the front and back walk
In 1903 members-of the Shmona Amunoh Jew-
ish congregation along with new Jewish immigrants
to the Amaria neighborhood bought Emmanuel and
fonned the 'congregation Shearit.h Israel or Remnant
'of IsraeL The interior was remodeled in the image of .
a traditional Orthodox synagogue. A balcony was
also added to accommodate the Jewish women.-
By the I920s the Jewish population at Auraria
began to decline and the synagogue was used pri-
marily for the convenience of downtown business.
men. Regular services ceased in 1958 when the
remaining congregation was unable to gather the re-
quired ten men for Saturday and holiday services.
Later that year the synagogue was sold to artist
Wolfgang Pogzeba for $10,000. EmmanueL which is
a Denver and National Register landmark, now
serves asan art gallery for student, faculty and com-
munityexhibits.
(4) .
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Campus Landmark: The Golda Meir House
The only remaining U.S. residence of former
Israeli Prime Minister Golda Merr, now a Denver
landmark, was relocated to the Auraria Campus in
1988. The house is being restored for use as a mu-
seum, conference center, and the MSCD Golda MeiT
Cemer for Political Leadership.
The former prime minister was 13 when she ran
away from home in Milwaukee to continue heredu-
cation in Denver. Golda's parents were pushing her
toward marriage, but she wanted to become a
teacher. At the time. female teachers in Milwaukee
were not allowed (0 marry.
She joined her sister Sheyna, a recovering con-
sumptive, her brother in la\\' Sam KorngoJd ~md their
daughter Judith in a small duplex at 1608 Julian
Street on Denver's Jewish west side. During this
time, she worked at her brother in law's laundI)j at-
tended classes at ~orth HighSchool, and gained
. :: ~ ' ; . ... '..
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Former Israeli Prime Minister Golda Me"
spent qualiry time in Denver during her youth.
Her Denver residence was moved to
Auraria in the late 19805.
deeper knowledge of Zionist philosophy that stressed
the need for a Jewish homeland. As she said in her
autobiography, "It was in Denver that my real edu-
cation began."
The Golda Meir House was moved twice- before
being pennanemly relocated on the campus. The des-
ignated Denver landmark bas been restored with the
assistance of the Colorado Historical Fund, the
Jewish community, and private contributors.
13
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First Ladv HII/ary Clinton and
Governor RoV Romer al rhe
Golda Meir house in 7996.
17
14
Hispanic ~uraria
Campus Landmark: St. Cajetan's Center
To serve Hispanic Catholics, St. Cajetan's Church
was constructed in 1925 on land-donated by J.K.
Mullen at Ninth St. and Lawrence. Now a Denver
landmark, the brick and stone church is a mixture
of mission-style and Spanish Colonial architecture
vvirh twin bellto,wers and elegant curvilinear para-
pets. Robert Willison.. who also designed Denver
landmarks such as the Denver MunidpalAuditorium
and St. DominiC's Catholic Church, was the primary
architect. Many of the parishioners helped with con-
struction, donating labor for carpentry, masonry and
woodcarving.
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Eventually St. Cajetan's came to include a grade
school, convent, the Ave Maria Clinic and a credit
union. Many of the buildings were designed by
Temple Hoyne Buell, a regular visitor to the
neighborhood's famous Mexican restaurant, the
Casa Mayan.
$1. Cajetan's parish seIVed as both a spiritual and
social cent~r for the Hispanic community. Says
former Auraria resident Magdalena Gallegos, "The
lives of the Spanish-speaking people in Auraria reo
volved aroun.d their church. This was the place whe~e
they met weekly, made friends, and watched the
children of other families grow.~'
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The fives of Auraria 's Spanish.speaking{
people revolved around 5t. Cajetan's t
Church. Pictured: a wedding at
51. Cajetan's in the 1950s.
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Over the decades, ~uraria slowly changed from
a residential area to an industrialized district. From
823 homes and apartment.s in 1940, the number
dropped to 134 in 1968. In the late 1960s, Denver's
prime era of urban renewal, the neighborhood was
chosen as the future location for the new Auraria
Higher Education Center. Although many long-time
neighborhood residents protested, the City passed a
$6 million bond issue to help fund the Auraria re-
naissance in 1969.
Auraria residents were given funds for relocac
tion, even if they were renters. Homeowners could
be paid as much as $15,000 over market value of their
property. and tenants were eligible for up to $4,000
in rent supplements as a down payment toward
home ownership, For some, like Denver author John
Dunning, this provided an unforseen opportunity to
purchase a fIrst house. For others it meant leaving a
neighborhood that had been home for generations,
In June 1975 the congregation moved from the
old St. Cajetan's to a new church in southwest
Denver. They took along the church belL the circular
stained glass \\indows above the front doors and for
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The former Groussman Store
was a vacated apartment building
when Hlsroric Denver began
restoration efforts
some, memories of many happy years together,
In the 1980s the Displaced Aurarians organization
was founded by former residents, who occasionally
hold neighborhood reunions on the campus.
St. Cajetan's now serves Auraria as a meeting
and performance hall, From 1991 through 1995, the
historic building received a major interior and exte-
rior restoration. A major community event hosted
by First lady Hillary Clinton and Colorado Governor
Roy Romer was held at the Center in 1996.
lc}
SomE families in Auran[ls
close-knit Hispanic community
protestedrelocarion
Toda~ SCholarships are
avaifable for descendants
of former reSidents
~,,~..,. p
15
~
A
Byron
McClenney,
PreSident
Metn]~~re
Sheila Kaplan
President
~
{3eorgia
Lesh-Laurie
Chancellor
~
Dean Wolf
Executive Vice
President for
Administration
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Auraria
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Chair,
Auraria Board
of Directors
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5:,,~r:' the state
o~t: CCD
-,..;rJ:. -~SCI?_
. CU,J)enver
TO~;'
CU~'Boulder
CSU
UNC
5,206
16,602
10,855
32,763
24,622
21,970
10,306
EffectiVe Space Utili-~tion . .
Approximate on:':'campus assignable square footage
per FTE (not including residence halls):
. Auraria 62
CSU 182
CU-Boulder 173
UNC 151
..cost Effective
StuderitJees,and tuition"fortwo semesters for
fulHtiP.(und,ergra.duates during the '96- '97
Academic Year:
CCD
MSCD
. CU~Denver
~1529
1942
2181
Auraria's, 20th Anniversary Certificates and Degrees
Awarded bY, CCD" MSCD and CU~Oenver Since 1977:
. 73,296, ~Figure provided by ,CCHE. 2/97)
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Sidebar: Ninth Street Historic Park"
]S
At the heart of the Campus, thirteen restored '.-This is the-oldest restored block of residences in the
Victorian cottage~ 'and one t~m-of~the'c~~tVI1: gro~_ dty,a p.roject conceived and guided by preseryation-
cerystoreserve~sapiciuresqueremin~e~<?f,the9t}1s, :,.,~.s~s Donan~ C~rolyn Etter when the campus was
puppy days. The s~ruc~ure~ ~_nN"~~th.-S~~~et, ~ist?_~:, ~built. ,Thr~ugh, t~e efforts of Historic Denver, Inc.,
Park, built. between _1872_ and 19~~ h~1:lsed ~e~-:, ',,',: Nin~ ~tt.~(\~o~ses ,~~re restored to serve as earn-
bersotvarious A~~~~,ethnicgriujJ;,~ye;lh~y~ar~)}:p~s'inStilutionaJ ?{~ces," " "' "
~ -. -' . - '. :""~-->.' .,-" ':':-:;::~:';'~:'~'-.:Theraf~':Vhichhoststhou~,a~dsofvisitorseach
::';5yea~"iritoiPofates a:varletyof .;rchiteclural styles,
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'~";';.~ian:girlg froin Italianateand Second Em'pire to stick
',' -"\~yl~t Reflectin~'ritiddld~I~ss ~c'itit~c~ure of~he late
nineteenth century. Ninth.5treet Park is a delightful
, '"",' ,-. ',,", '",.,' --,
reminder that, '41 :the~ordsc)f Do~ Etter, -'J\uraria
-,- . ," '.... . ,
~as the plai:e:wh.er~, Denver be?ap:" .
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Theold~sl st!"c~u~~Q~ l~~ Pa;k Is J020 Ninth
Street: built,iri'iS72.Thegreen and white frame
. hous~-~~s.:?'~~~~~y.p~~'~~y:',W~~~rri:~~nedley, a
'Quaker.dentis~tivh,o':,ha~_~Iong:ahd ill~strious ca-
~reer iri Denver. Rest<?ration wa? "~oP1pleted with the
. ',;' "" ,--:,-',,"'<: ,""',
help of his descendants, In I 947 Ramon and Caro-
lina G~nz~les: opened the highlysuccessf~,d Casa
Mayan restaUrant in the hou'-se; wl,1eie'the entire city
celebrated HiS'paruc-culturewithfine food and mu-
sic. Photographi~display_s from both families can be
. viewe~ on th.e ~Iist.n~_oft~e,house,;.!Vhich serves
as a small conference' ee'ntee. . .
Ninth Street Park houses before
renovatiOn, when the Auraria
neighborhood was stIJ/ primarily
aresidentiafarea
During the 19405, the former.
Sf!ledfwC(J.'e house servtjd as the most'
popular Mexican restaurant in town _
the Casa Mayan (above/
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In his book, Auraria, Where Denver Began, Don
Etter referred to the Knight House at 1015 Ninth
Street as "the most perfectly proportioned and taste-
fully embellished Victorian house in Denver."
The home was built by flour mill owner Charles
Davis, "vha lived
across the sueet
at 1068 Ninth
Street as a wed-
ding present to
his daughter
Annie Kate and
Stephen Knight
in 1885. Built in
the Second Em-
pire style 'with a mansard roof and cupola with iron
cresting, the structure enhances the cast side of
the Park.
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Ninth Street Park rodar
an airy reminder that
~Auraria was the place
where Denver began. h
19
The only commercial building was originally the
neighborhood grocery store. Now a campus restau-
rant, the Mercantile at 900 Curtis 5t was built in
1906 by Albert Groussman and his wife Belle, and
designed by Frederick C. Eberley. who was also the
Tivoli architect. The two-story red brick structure
features a traditional plate glass storefront and globe
finials that embellish the parapeted roof.
A self-guided walking
tour of Ninth Street pro-
vides information on
architecture and early resi-
dents of each structure.
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A cf'~l~~'rf&~~~('t~~lil oft he
AZlrariaCaJ1zpus
20
The close of World War.II saw dramatic popula-
tion growth in the Denver area, accompanied by a
post-War baby boom that would create an explosion
in Colorado higher education twemyyears later. The
Front Range, the state's greatest population cemer,
was notable for its lack of public higher education
institutions. even though the majority of Colorado's
private colleges were located close to the Denver
metropolis.
In the early 19605, few graduates from Denver
high schools wefe enrolled in public or private col-
leges in the area. Options were practically non-exis-
tent for Denver residents who could not afford to
leave home or needed a low-cost education that could
be combined with work. With the notable excep.
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The Tramways centra/loop was
!ocated on Fifteenth and Lawrence,
. but the Denver Tramway Building and
car barns were builf./n 7971 on Arapahoe
between 73th and' 4th. The latter structure
served as classroom space and an
administration building for CV-Denver
from 1967 unfl/ 7988.
tion of Denver's Emily Griffith Opportunity School,
there was little chance to find vocational training
for work oPPortunities outside the City of Denver..
By the 19505, the inability of Colorado higher
education institutions to accommodate vast num.
bers of prospective students anticipated by the mid.
1960s became a prime concern of Colorado legisla-
tors. In 1958 a bipartisan initiative established the
Legislative Committee on Education Beyond High
School, which during the next seven years, under
the leadership of Senator Roy MCVicker and Repre-
sentatives John G. Mackie and Roy Romer, did the
first strategic planning and generated legislation that
transformed the nature of higher education in Colo-
rado.
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Early in 1962, the committee joined with the
powerful legislative Joint Budget Committee to cre-
ate a Task Group on Post High School Education in
Colorado to determine what public-supported voca-
tional, technical. and college post high school facili.
ties were needed by the Denver metro community.
The Founding of Metropolitan State College
In 1962 the Task Force reconunended the estab,
.lishment of a state-supported, four year degree-
granting colle~e, Metropolitan State College (later
renamed Metropolitan State College olDenver). The
Dew institution would be planned; developed and .
governed by the Trustees of State Colleges as a low-
tuition school with no residence halls and an open
door admission policy.
House Bill 349, introduced by Representative
Palmer Burch, with Roy Romer as Senate co-spon-
sor, became law on May 5, 1963. After a two year
delay, $750,000 was approved by the legislature to
begin operations. The college opened in rented build.
ings, welcoming 1,189 students in the fall of 1965.
Metro grew by more than 1.000 students a year,
renting more and more space. Both Denver Mayor
Tom Currigan's office and the downtown commu-
nity had been searching for a permanent site for
Metro even before it opened. In 1966 the Executive
Committee of Downtown Denver Master Plan Com-
mittee recommended the Auraria neighborhood.
UCD Expansion Plans
At the same time, the University of Colorado's
Denver Extension Center was also lobbying for reno-
vation and expansion of its downtown facilities. The
University of Colorado's Department of Correspon-
"dence and Extension had begun offering courses in
Denver in 1912, shuffling from building to building
until it acquired a permanent home at 509 17th Strect
in 1939. A single faculty member ran the school vvith
the help of part-time teachers.
In August 1956, the University Regents pur-
chased and renovated the Denver Tramway Company
: :'::': :"~ ~y::(:::;,~.:..::-:,:~'7::<.S?:. ~-;.:~.;-,.. ,'. ....,;-;-.
buildings. an eight story office tower and car barn
built in 1911 on the northeast bank of Cherry Creek.
In 1957 the Denver Center was authorized to grant
graduate and undergraduate degrees and in 1973 it
was renamed the Denver Campus of the University
of Colorado, By the eariy 1970s both tower buiiding
and the former car barn needed extensive work. Says
CU-Denver history professor Tom NoeL "I thought
the Tramway was a wonderful old building. The el.
evator was slow, but most of the time it worked."
Before the building was sold to a private developer
in the early 1990s. Noel initiated its nomination for
Denver landmark statuS.
Development of Community College of Denver
The Community College of Denver was also look-
ing for a home. CCD had opened the first of three.
Denver metro area campuses in 1968, North Cam-
pus at 62nd and Downing. In 1970 CCD.Central
began h?lding classes at 11 th and Acoma Streets in
a fonner Kumpf Lincoln-Mercury Motor Showroom.
The central administration building for the tri-insti-
tutional campus was temporarily located at 11 th and
Bannock. The school began serving a mix of students
ranging from returning Viet Nam veterans, to older
non_traditionalsmdents and homemakers.
Metro's first student center
was originally a paint store
;;;..S-
21
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A NEW PLAN EMERGES
According to Frank Abbott, who was then
executive director of the newly~formed Colorado
Commission on Higher Education (CCHE), 'The idea
. for a higher educatic;m complex at the Auraria site
grew out of the circumstances C?f the time _ Metro
State and the"Community College of Denver were.
looking. for a campus; there was a large tract of land,
accessible from throughout the city, ripe for redevel.
opment and, on behalf of Metro, the City had ad-
22 vancedan application for urban rez:iewal status, The
land was, literally, across Speer Boulevard and Cherry
Creek from the University's dovvntown center. That
this site should become a possible location for all
three insti[u~ions almost had to be recognized."
An important element of the plan was that the
three would share resources - classrooms, a library,
media, Some studem services and support services.
Such an arrangemem was working in the few other
locations around the country where it had been tried,
such as the Claremont Colleges in California.
Metro trustee Betty Naugle credits Abbott with
the original idea for a tri-institutional campus.
Abbott recalls being inspired while walking the mile
from the CU extension building to MSC headquar-
ters at the Forum Building. "It's the only way we're
ever going to get HUD (Housing and Urban Devel-
opment) to approve this-thing," he later told the task
force.
JBC Chair Joe Shoemaker, a key player in
Auraria's fonunes, recalled that the enormous
amount of money involved in serving the needs of
aU three schools made the issue "more of a JBe con.
cern than an Education Committee Concern." No one
could expect the Legislature "to even entertain the
idea of building campuses for ail three...[this] would
eliminate capital construction projects at all other
schools for years to come."
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Is it Feasible?
The Auraria idea began to take hold as a practi, .
cal solution to multiple institutional woes. CCHE
COntracted for a Feasibility Study, SOon undertaken
by Lamar Kelsey and Associates, a prominem Colo.
rado Springs architectural firm. Input from national
expens in educational innovation was solicited,. .
including President Louis T. Benzet of the Claremont
Graduate School and University Center. On Novem-
ber 6,' 1968, Kelsey's fi~dings encouraged all p_artfes
involved to move forward.
In Ja-nuary of 1969, the Depart!llem.of Housing
and Urban Development designated Aurari'a an
urban renewal area. HUD set aside $12.6 million of
Model Citi~s funds for site acquisition and reloca-
tion costs, leaving $11.6 million to be raised from
Colorado sources for site costs. Shelby Harper, chair
of the CCHE, had
announced ear-
lier. that the. site
for a single insti.
tution . should
come to the state
without cost.
The CCHE now
agreed that to create a tri~institutional campus, the
city and state should provide the non-federal share
of the funding.
Problems involved in putting three institutions
together dominated early d~scussions of the Work-
ing Committee, which was composed of the chief
executives and planning officers of the institutions,
directors of rhe Denver Planning Office and Regional
Council of Governmems, and the executive director
of the CCHE. Subcommittees' of the group brought
together program administrators, faculty and stu-
dems from the three schools to discuss common
needs and pOSSibilities ofworkin"g together tomeet
them. According to Frank Abbott, this inter-institu.
tianal collaboration was positive for the most part,
and Continued throughout the - planning and con-
struction process.
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Early planning
The first director to head up the planning staff
\vas Lawrence E. Hamilton, former administrator of
institutional support activities for the Wisconsin
Higher Educational Aids Board, was to assist devel.
oper Lamar Kelsey in getting the master plan effort
started. He would work
with Kelsey to identify
qualified consultants in
areas such as transporta-
tion and parking. library
and instruCtional media,
and utilities, and to allo-
cate available funds and
initiate contracts.
lnitial Funding
Hamilton also worked with the Downtown Den-
ver Improvement Association and a Citizens for
Aurariagroup to build support for the bond election
in November 1969. That election would determine
the City's ability to provide its share of the funds for
acquisition of the urban renewal site. Despite oppo-
sition from the Hispanic community, city voters
passed the bond issue 32,913 to 29.140.
The building of Auraria dislocaled 155 families,
70 individuals and 237 businesses from the neigh-
borhood around St. Cajetan's. This aspect of the
project was intensely controversial. \Vhile the cam-
pus vvas viewed by many as a preferable alterna-
tive to "urban blight," the Hispanic West side felt
otherwise.
"The relocation of the Auraria residents ~\'as a
very sensitive issue," says Hamilton. "In some \vays,
the move was harder on businesses, many of which
had been in the same location for years. Some of
them never reopened, like Frank Karsh, who had a
great printing business on Larimer Street for years.
Before Ihe bond election, he formed a group called
Citizens for Efficient Education, which really had
nothing to do with efficient education - it was an
'.' :"':.' .;~:::~'.~~:!~":.~;::.:'::~":.: ':'':.:~~;;~_''-77.':-7':;:~:-'::-'
anti-campus coalition of Auraria businesses."
In the 1970 session, the Colorado legislature
passed Senate Bill 67, which approved selenion of
the Auraria site ,"vith a sl.9 million appropriation
from the state to begin land acquisition and physi-
cal planning. The first Auraria Board of Directors was
created in August 1971 by Governor John Love's
Executive Order.
Three public members were appointed by the
Governor, one of whom was Philip Milstein. direc-
tor of the DowntO\\'n Denver Improvement Associa-
tion. Milstein remained deeply involved with the
campus from its inception until his death in 1992.
Along vvithAHEC Executive Directors Jerry Wartgow,
then James Schoemer, Milstein was largely respon-
sible for crealion of the Auraria Parkway and removal
of LaVlTence and Larimer Streets from the campus
nearly 20 years later. Other commu-
nity members were former CCHE
Chair Shelby Harper and Max
Morton of Petry Construction.
Also serving were institutional
heads Leland B. Luchsinger, president
ofCCD, Joe J. Keen, vice president of
the University of Colorado's Denver
Center, and James D. Palmer. presi-
dent of Metropolitan Slate College.
The three governing board members were Bet ty
Naugle, Trustee of the Slate Colleges in Colorado,
Richard W. Wright, State Board for Community Col-
leges and Occupational Education, and Joseph Coors,
Board of Regems of Ihe University of Colorado.
"The hardest part of the \vhole project," says
Hamilton, "was getting Ihe three institutions to work
together and realize that we had a chance for
excellence if we focused everything on one down-
tovvO campus. Sometimes it boiled down to the
personalities of the leaders. When they meshed,
things went smoothly, and when they didn't we
had conflicts."
(;2.;
C3
Left.
Lawrence
Hamilton.
first Executive
Director;
Above.
Phif/pMifstein
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out a Master Plan for the site: ' l
The plan was to accommodate 13,000 day full ~
time equivalent students with a maximum of 15,000 :"0':
day FfE (or 25,000 people) by 1980, The complex,j
was to be built in three phases: 1) 200,000 sq. ft for ~
CCD, 2) 400,000 sq, ft for the library and a class- 1:
room lab building for MSCD, and 3) 270,000 sq,
ft. to complete the campus
for occupancy by 1976, ,
Unfortunately, there was far
less funding available for
fmishing touches - parti-
tioning, carpentry; landscap~
ing. painting. carpeting,
floor tiling, and outdoor
lighting than the institu-
tions or anyone else desired.
AURARIA WILL HAPPEN
24
In the spring of 1972. the fmal hurdle was passed
when :JBC Chainn~n Joe Shoemaker sought and
obtained agreement from the Committee that it was
time to move on the Auraria project. The campus
was to be built for not more than $40 million - $8
million less than the CCHE had requested, but still
the largest capital construction appropriation in Colo-
rado history.
Construction begins
The choice for'an Auraria director of planning
and development was Jacques C. Brownson of
Chicago, former chairman of the Department
of Architecture at the University of Michigan and
designer of the Chicago Civic Center. Brownson
was intrigued by the challenges of the project -
a limited budget, a shared campus, and a tight time
frame. He was on the job full time by September
1972, and by late April 73 had updated and rounded
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Ground Breaking
On October 4, 1973, a ground breaking ccremony
for the first phase of construaion drew some 200
people to the Amaria site for speeches and warm
wishes from Governor John Vanderhoof, Senator
Joseph Shoemaker, Denver Deputy Mayor Harold
Cook. AHEC Board Chair Richard Wright and others
involved in the Auraria initiative.
By early 1974, planning and construction "'olerc
in full swing. Dan Paulien, Educationprogram Plan-
ner, worked \,>,iIh faculty, administrators and students
in defining space requirements. He also worked with
stud~nt committees to develop a joint student union
that would include lounges, offices for student
organizations, recreational facilities, food services
and a book store, all to be lunded through bonds
that would be repaid through student fees and sales.
In the fall of 1974, the Board and the institu-
tions determined the range of joint nonacademic
programs to be administered centrally. At the Board
meeting November 7, the Auraria's new Executive
Director Floyd Steams reported consensus that AHEC
would assume responsibility for assignment and
space scheduling, property inventory coordination,
parking, central information services, maiL tele-
phone, fire and safety protection, central stores in-
ventory. and shipping, receiving and warehousing.
MSCD would supervise athletic programs and UCD
would manage the library.
The first two buildings com.
pleted on the campus were the
South Classroom and the Technol.
ogy Building. The Community
College of Dem'er faculty moved in
December 1975, to be joined by the
students in January of 1976 after
the break. The Denver Post reponed
that the earliest occupants included
three skeletons who "vere carefully
maneuvered through mud and con.
struction by protective faculty
members - presumably biologists.
". ~ .-;Pi" ~ ~- ..'~:!ri~~::"?':.-:::';:.:~.'::--'>:- :-~.;';7~~.'~-;. ;-7':: c;-:' .
. - .
. . F~':'dirig ,of ~uraria.
" ~. . I, . '. ',~'. .', "
- State Furid~g";I~', .$45.396,000 "
. Federal Urb<lri ReneWal Fund; . 11,114,000
"""':'''."'':',, :"--'<'.,' ",,-
. City of~~er~ond ~s~~e .' . 6,000,000
Si~dt~nt FaCi!ities Bon.ds : 6,150,000'
Par~ing~o~d.s ;,',. , " ''''' 3.500,000
Private (thr?ugh-Histori~ !)enve~~)nc.)' - 900",000.
Project'Grants..
ECQ11()mlc Development Admn,'
(StCajetan's Renovation). ^
. National Endowment for the Arts
. . (LlIldSOlpePlanmng).;; .,;"
8iiieau.ofOutdoor Recreatioh -:. '
'.;'(Ni#th'St(ed ~ark4fl,,~~capm~j
. -Nati~~al Park Service:,,:';<: ,,' '.
(Ni.Dlh:St~~>et Park ~o~ation)
, Total ' . $84,672,000
25
"We were a very cohesive group, like a small fam-
i]y;" recalls CCD faculty member Helen Kleysteuber.
"Everybody was in the same building, even the presi-
dent. I remember the windows were upside down in
the South Classroom... I think they still are. We had
our first graduation in the sanctuary of S1.
Elizabeth's. The studems loved it!"
From bid savings, the Board had an extra $1.4
million for additional finishes, somewhat softening
the "bare bones" image Auraria had acquired. A con.
tingency of approximately $325,000 was set aside for
later installation of air conditioning.
2.'1
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AURARIA OPENS
26
"It isn't spiffy, and it isn't even finished yet,
But come January, the Auraria Higher Education Center _
will be home for Community College of Denver; Metropoli.
tan State College of Denver. and the University of Colorado
at Denver. Ajter more than seven years of turmoil about
every possible issue. The Aurana Higher Education Center
will finally be open for business."
-Denver Post, November 14, 1976
The campus was formally dedicated on January
21. 1976 br Governor Richard D. Lamrn and other
state, city and educational leaders, even though it
would be another year before Metropolitan State
36
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College could move in. Frank Abbott reports that;l'
"... there were some conspicuous absentees, Denver
Urban Renewal Authority Director Bob Cameron and~'
AHEC Director Floyd Stearns were in court, ont
opposite sides of the law suit AHEC had brought tof!
force DURA to hand over the Tivoti. Jose Martinez, .
1
. student body president, was outside with 20 signl
carrying students, prot~sting. a $30. per academic:
quarter parking fee....Perhaps it was only appropri- "
ate that the official opening of the campus incl~de a. :
few symbols of the hurdles that had been faced at
Auraria in' t~e course of seven years of planning and
construction."
1
No Housewarming Necessary I
The new campus \-vas nothing if not comrover-:f
sial. When the $5.5 million Library opened in JUlY}'
of -1976, the structure won an award for design by,'
the American Institute of Architects. But the lack of':'l'
air conditioning was noticeable in a building made',
up almost emirely of windows, especially in the.t
middle of July. As internal temperatures climbed 1"
above 100 degrees, tempers rose accordingly. sensi~'l" ;.:.
tive materials on microfilm and microfiche had to !
be moved out of the "library from hell" for the sum-I
mer lest they melt away. Because windows had to I
,
remain open, dust from nearby construction coated 'f
books and shelves. Local headlines made the cryptici
comment that '~uraria Needs No Housewarming." ;1
This abundance of hot air resulted from an or.. ,i
der by Governor Vanderhoof during the 1973 energy .~
panic forbid~ing the inclusion of air conditioning in '_'j'
state buildings. library patrons and staff were not
the only sufferers. In other campus buildings, lab- i
oratory animals passed to the great beyond and 1
chemicals exploded from the .heat. Ducts for air- ~
conditioning were already in place so that belated i
installation was simple as funds became available. j
Even so, it took several years and the construction
of two chiller plams in the I980s before every cam-
pus building was comfortable during the summer.
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Brick vs. Steel and Glass
The Library was not only the visual focal point
of the campus, it was the center of numerous de-
bates about its design. Early planners had originally
envisioned a "megacampus" of sleel and glass sur.
rounded by open space. a six to eight-story colossus
that would stair-step toward the mountains. That
idea was abandoned in favor of a series of two to
three story buildings of modular design that could
connect together like a set of Legos;: as the campus
grew. CamPl!s architects maintained that, while ini.
tial costs would be greater, the walls could be moved
~ith less cost in future years.
The Amaria Board and the institutional repre-
sentatives favored brick instead. for aesthetic
reasons and budgetary concerns, maintaining that
the market for brick was more favorable. Since com-
mitments had already been made for the Library, the
board went ahead with plans that assured Auraria,
for better or worse, at least one unique new build-
ing. When bids came in, however, Ihe lmvest \vas
far over budget and sleel was replaced by aluminum..
Fortunately; the lack of air conditioning or the
aesthetic merits of the Library were no longer major
issues in January of 1977 \vhen MSCD joined the
campus. Nor was the asphalr landscape and the sea
of mud that arose every tin1e it rained or snmved.
Auraria was the best buy in Colorado, and the stu-
dents kept coming. Spring enrollments in 1977
exceeded everyone's expectations with a combined
student headcount of 26,107. By fall enrollments
had risen to 26,709, \vhich translated to 16,345 FTE
students on a campus built to house a maximum of
15,000 FIE. It was just the beginning.
Auraria Comes of Age
The setting has been enhanced conSiderably
since Auraria made its debut n\'cnty years ago. The
neVo' campus was an asphalt maze in 1977, with two
major thoroughfares, Larimer and la\\TeTIce Streets,
funneling 34,000 cars a day through the campus core.
i
. :;~:';..~'~'::~.:~~;::?;' ~;::~.;~~.~. ,-,;-~;'~~<~-T: -.:
Despite physical limitations including a shortage of
space, the campus succeeded beyond anyone's ex-
pectations.
In the late 1980s the new Auraria Parkway
re~routed Lawrence and Larimer traffic around the
northwest perimeter of the campus. The streets could
finally be removed and the campus geographically
united. New landscaping, plazas and an oak-lined
pedestrian mall replaced the freeways, producing
a park-like setting. Extensive campus landscaping
included gardens, shrubbery and nearly 3,000 trees.
In 1988, the new North Classroom building was
constructed on Speer Blvd. and Larimer to replace
CV-Denver's ancient buildings across Cherry Creek.
This brick and glass giant is the largest building ever
constmcted for higher education in Colorado.
The Creekfront Project at 14th & Larimer en-
hanced the link between Auraria and downto\vn in
the early 1990s, with a Speer Boulevard pedestrian
underpass and foot bridge over Cherry Creek. Land~
scaping, native sandstone accents and fountains have
brightened the pedestrian connection between
Auraria and Larimer Square.
27
"When I walk over there, I see children with back-
packs and people who have just come off their job, vvho
economically are stretching themselves vcr)' hard to gel an
education. These people are vcr)' focused. This is the door 10
a good lifefor them, and they aren't going to miss it."
- Governor Roy Romer
Rocky Mountain News,
January 26, 1997
3/
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28
.:.".
Auraria Board of Directors 1996-97
Selena Dunham
Betty Miller
Manuel Martinez
George Brantley
Juijanne Haefcli
Susan Kirk
Sheila Kaplan
Byron McClenney
Georgia Lesh Laurie
Helen Kleysteuber
April Cruz-Hcrnanz
Governor's Appt" Chair
Governor's Appt.
Governor's Appt.
Governor's Appt.
SBCCOE Appt.
Regents Appt.
President; MSCD
President. (CD
Chancellor, CU-Den~er
Faculty Rep., CCD
Student Rep., SACAB
Past Chairs of the
Auraria Board of Directors.
sno
9172
6n5
6n7
6/80
6/182
6/86
6/190
6/93
6/95
8/96
Kenneth Phillips
Richard Wright
Philip Milstein
Dean Punke
Bishop George Evans
Lawrence Hamilton
Donald Hain
Betty Miller
King Trimble
Manuel Martinez
Selena Dunham
Auraria Higher Education Center
Executive Directors
(title changed to Executive Vice President
for Administration in 1990)
9/69-5n4
5n4-6n8
9/78-10/86
2/87-12/88
12/88-9/90
12/90~8/95
8/95-5/96
5/96-Present
.......-
..'..-
Lawrence Hamilton
Floyd Sceams
Jerome Wangow
Morgan Smith
James Schoemer
J oAnn Soker
Dean Wolf. Acting EVPA
Dean Wolf
s2.......
Auraria Chief Executives
CU-Denver Chancellors
Metropolitan State College Presidents
9nl-8/78 James Palmer
9n8-5/79 Richard Netzel
5n9-8/81 Donald Macintyre
8/81-6/82 Curtis Wright,
Acting President
Richard Fontera
(passed away)
Richard Laughlin
(assumed duties)
Brage Golding,
Acting President
Paul Magelli
William Fulkerson,
Interim President
Thomas Brewer
8nJ-I/80
1/80-6/80
6/80-12/80
12/80-1/85
2/85-12/85
1/86-9/88
9/88-11/95
11/95-2/97
2/97-Present
7/82-4/84
3/84-6/84
6/84-2/85
2/85-6/87
6/87-6/88
6/88-9193
9/93-Present
Harold Haak
William Jenkins,
Acting Chancellor
Dwayne Nuzum,
Acting Chancellor
Gene Nordby
Dwayne Nuium,
Acting Chancellor
Glendon Drake
John Buechner
Georgia Lesh-Laurie,
Interim Chancellor
Georgia Lesh-Laurie
Sheila Ka'plan
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1976-1977
Community College of Denver Presidents
1977-1981
1981-1985
1986-Present
Nai-K\.\'ang Chang,
Acting President
Thomas Gonzales
Myer Titus
Byron McClenney
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Recent Auraria Milestones
January 1983
Auraria Foundation purchases the 51. Francis Center,
adding event space and conference facilities to the
campus reSOUIces.
.January 1988
North Classroom building opens. \\'ith 257,000 sq. ft.,
this is the largest classroom ever constructed for
higher-education in Colorado.
September 1988
The only remaining U.S. residence of Israeli Prime
Minister Golda Mcir is moved to the Auraria Campus.
Decernber 1988
Auraria Parl..-way opens and major thoroughfares
La\vrence and Larimer close. Construction begins on
the Lawrence Mall. as does a major campus landscap-
ing project and parking lot feconfiguration. Nearly
3,000 trees are planted within the next two years.
.January 1991
Auraria Parking Garage opens, providing 1725 new
badly needed parking spaces for the commuter
campus.
April 1991
Students at Auraria VOle to reacquire the Tivoli,
a historic brewery restored by a private developer
in 1985. Tivoli is renovated to combine student union
and retail functions, providing the campus with one
of the most elegant student unions in the country.
August 1994
Tivoli opens as slUdent union for (CD, MSCD and
CV-Denver
August 1995
Seventh Street Classroom, a remodeled office and
warehouse complex opens to accommodate MSCD's
World Indoor Airport. and CCD Environmental
Techno]ogy programs. Johnson COOlrols, a national
leader in H\'AC control systems, retrofits the building
at considerable savings.
August 1996
Auraria's former studenl union, renamed the Plaza
Building, opem as a classroom and office complex,
adding 120,000 gross square feet of badly needed
space to the campus.
. ~':!~~~~~~:~~~~~..~:~.".7"~':'.:'.~';::'::::=::~'.;Y7':.~.,:-:; .;.~
Institutional Milestones
CU-Denver
August 1994
CU-Denver introduces the New Urban University
Initiative - A major effort designed to connect
CU.Demu with the community and integrate
facully teaching and research with service.
August 1996
Founding of the Bard Center for Entrepreneurship,
a $1.5 million gift to the CV-Denver to establish
the Center as a world renowned program in
entrepreneurship.
1996
CU-Deover's international student population
grows in three years from only a handful 10 nearly
300 students from more than 40 coumries.
29
Metropolitan State College of Denver
May 1965
Governor Love signs the state long bill, providing
for $750,000 to begin classes in the fa]1. Dr. Harlan
Bryant, ,president of Western State College in
Gunnison, becomes the first acting president
in history to operate out of borrowed office space
under the gold dome of the State Capitol.
1990
Metropolitan State College adds "Denver" to
its name, becoming MSCD.
1996
MSCD is named the largest 4-year college in the
United Stales by the Nationa] Center for Education
Slatistics in the U.S. Department of Education.
Community College of Denver
1988
(CD is the first institution of higher education to
offer guarantees of transfer and job competency
to students and employers
1995
CCD becomes the leading point of access for first-time
enrollees from the City and County of Denver.
May 1996
CCD is named one of the top six United States
community colleges by the League for Innovation
in Community Colleges.
33
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AHEC Beginnings: Origins of the Auraria Higher Education Center
A Chronol09Y, 1963-1976 compiled by Frank Abbott
30
February 1963
Task Group on Post High School Education in the
Denver Metropolitan Area recommends that
Metropolitan State Coll~ge be established.
May 1964
House Bill 349 creating Metropolitan State College
is signed into law by Governor John A. Love.
December 1964
Association-of State Institutions of Higher Education
in Colorado publishes its "Blueprint:'-AProgramfor
the Development and Coordination of Higher Education in
Colorado, 1963-1970-
May 1965
Metropolitan State College is funded to open as
a two-year college in Fall 1965.
.June 1965
Colorado Commission on Higher Education (CCHE)
is created ,"'iIh signature of House Bill 1170 by
GovernorJohn A Love. .
Fall 1965
Metropolitan State College opens with 1.189
freshman students.
December 1966
CCHE releases statewide higher education plan.
Strengthening Higher Education in Colorado, recommends
state community college system and
a four-year Metro State College.
March 1967
Legislature authorizes a three-campus Community
College of Denver, a new state Board for Community
Colleges and Occupational Education, and adding
third and fourth years of instruction at Metropolitan
State College.
February 1968
Trustees of the Stale Colleges approve Auraria as site
for Metro State.
March 1968
CCHE approves Auraria site for MSC provided site is
made available at no cost to the state.
.July 1968
CCHE Director presents {he Commission's Denver
Subcommiuee an idea for an "educational park,"
comprising several higher education institutions at
the Auraria site.
3'1
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Fall 1968
Community College of Denver (CCD) opens rust of its .
three campuses, in Adams County.
August 1968
CCHE's Denver Area Council on Higher Education
endorses study of the idea of clustering several
institutions on Auraria site. Council appoints
"Working Committee" representing involved
institutions and Commission to conduct study.
September 1968
CCHE announces Auraria idea publicly. Employs
Lamar Kelsey and Associates for 'study of feasibility.
November 1968
Kelsey reports that Auraria site can accommodate
higher education center.
.January 1969
U: S. Department of Housing and Urban Development
approves Urban Renewal status forAuraria site and
allocates $12.6 million as capital grant reservation.
CCHE rescinds its March 1968 stipulation that
Auraria site must be provided without cost to the
state. Working Committee establishes representative
committees to study collaboration on library, student
services. physical education,- and other programs
and services.
May 1969
Legislature appropriates $225,000 to support Auraria
planning, but with reservations showing legislature
is not commilted to a higher education center at
Auraria.
September 1969
CCHE obtains federal grant for Auraria planning,
Lawrence E. Hamilton named Director of the
Auraria project.
November 1969
Denver citizens VOle charter amendment for $6 million
bond issue for city share of cost of Auraria site.
December 1969
Working Committee creates Committee on
Community Involvement, responding to opposition
arising on Denver's predominantly Hispanic West Side.
.January 1970
Governor Love endorses Auraria Higher Education
Center proposal in his State of the State message.
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FebnJary 1970
Auraria businessmen fIle suit alleging Denver bond
vote illegal. .'
April 1970
"Governor's'igns $1.943 million appropriation-
51.4 million toward Auraria land cost and $ .543
million for physical planning for Metropolitan State
College, apparemly repr.esenting a state commitment
for Al}faria Center,
May 1970
Working Committee and institution governing boards
establish the Interim Policy Board (IPB) comprising
institutional executives, governing board and CCHE
representatives, to take cha~ge of Aurarla plannin~:
June 1970
More, Combs and Burch hired to do progi-am planfor
shared fadlities~
November 1970
Con'sultant Chester Alter recommends Auraria Center
and its governing body be established ,by legislation.
April 1971
Appropriations bill provides token 5100,000 for
Auraria planning vs_ sl.l million' request."
July 1971
lnterplan contracted for an "Integrated Program
Plan" to reconcile each institution's space require-
ments with plans for sharing facilities.
August 1971
Governor Love establishes Auraria Board of Directors
by Executive Order.
FebnJary 1972
Auraria presidents announce their plan for three-
institution collaboration at the Higher Education
Cemer.
April/May 1972
Joint Budget Committee includes 539.9 for construc-
tionof entire Auraria Higher Education Center in
Long Appropriation bill.
June 1972
AHEC Board discusses approach to planning and
construction task.
July 1972
Auraria Board issues RFP for project management
proposals.
August 1972
Board hires Jacques C. Brownson as Director of
Planning and Development authorizes contract
with him as projen manager.
February 1973
Rep. Austin Moore introduces bill to rescind Auraria
construction appropriation.
. :. ',. ':': :::,' ;.;~' . . :: . .
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March 1973
CCHE authorizes contract ~ith Historic Denver, Inc.,
to restore Victorian homes on 9th Street [or ultimate
conveyance to the state. The three institution chief
ex~cutives fomalize the weekly meetings of the
"Auraria Institutional Executives Committee," soon
adding Auraria staff director.
May 1973
Auraria Board approves plan presented by Brownson
for development of the Auraria site. Ground-breaking
scheduled for October 4, 1973.
June'1973
Austin Moore bill to rescind Auraria construction"
appropriatio~ is killed by one vote. After four years,
Larry Hamilton resigns as Auraria staff director.
September 1973
Brownson presents to CCHE a program plan for
phase I construction and a proposed supplemental
appropriation, triggering press reports of huge cost
increases. Media reaction leads to a crisis in relations
with the Joint Budget Committee which is fully
resolved by an Auraria Board presentation to JBC
one week later.
October 4, 1973
Auraria ground-breaking ceremony.
November 1973
Floyd K. Stearns becomes Executive Director, AHEC.
May 13,1974
House Bill 1163 "Concerning the Establishment of
the Auraria Board of Directors" is signed by Governor
Vanderhoof, providing a statutory governance system
for the Higher Education Center.
April 1975
Supplemental appropriation of 53.9 million for
construction is approved by Governor.
December 1975
AHEC Board takes DURA to court to force approval
of contract for redevelopment of TivolL
December 1975-January 1976
CCD faculty occupies buildings on Auraria site,
followed by CCO students at end of holiday break.
January 21,1976
Auraria campus is formally dedicated.
July 1976
AHEC Board reallocates $1,540,000 from bid savings
for building finishes and other finish work.
December 1976-January 1977
Metropolitan Stale College faculty occupies buildings
on Auraria site, students from all three institutions'
are on site after the holiday break
3S--
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31
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32
I
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II
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Acknowledgements
This publication is by necessity a rnuch.abbreviated
history of the Auraria neighborhood and the Auraria
Campus. Special thanks to Frank Abbott, Dr. Tom Noel and
'Carson Reed for their support and assistance in the prepa-
ration of this publication. Thanks also to the Auraria Foun-
dation for its contribution of the Auraria exhibit.
For those interested in funher reading, materials in the
text have been collected fr~m the following -sources: .
Aurana Town Company
Records of the Auraria Town Company
from October 18SS-March 1860
,Abbott, Frank '
Origins of the Auraria Higher Education Center. 1996.
CoeL Margaret; Barker, Jane; Gilleland,. Karen
T.he Tivoli, Bavaria in the Rockies, 1985
Etter, Don
Auraria, Where Denver Began: J 972
GallegoS.Mitchell, Magdalena
"The Forgotten Community."
Colorado Herirage Spring 1985
Milstein, Philip
The Auraria Higher EduClition Center
CV-Denver Graduate School of Public Affairs, 1990
Photography credits
Cover: Based on a photograph by Michael Gamer
P.2
P.3
p.,
P.'
P.6
Michael Gamer
Sidney Brock (upper); Tom Nod collection (lower)
Community College of Denver
Randy Brown fupper}; Thorny Liebenn"n (lower)
Colorado Historical Society (upper);
Tom Noel collection (lower)
~olorado HiStorical Society (upper); Denver Public
library (DPl) Western History Dept. (lower)
Tom Noel collection (upper);
Bill BOWer collection (lower)
Colorado Historical Society (upper); Sam Morrison
(label); DPl Western History Depl. (lower)
Dennis Gallagher collection
DPl Western History Dept. (upper);
Tom Noel collection (lower)
DPl Western History Dcpt. (upper);
Auraria Higher Eduration Center (AHEC)(Jowcr)
Auraria Foundation (upper); Larry Laszlo (lower)
Magdalena Gallegos-Mitchel! collection (Jcft);
AHEC (right)
Denver Urban Renewal Authority (upper);
Magdalena Gallegos-Mitchell collection (lower)
Terry Shapiro (background); Public Relations offices
of Community Collcge of Denver, Metropolitan St,lle
College of Denver and the University of Colorado
at Denver; AHEC: Michael Gamer
P.7
P.8
P.9
P.IO
P.ll
P:12
P.D
P.14
P.15
P.16.17
3(,.
'.".
...-,....
Noel, Thomas J.
Denver Landmarks and Historic Districts, 1996
The City and the Saloon, 1982
Denver's Larimer Street, '1982
Denver Rocky Mountain Gold, 1980
Reed, Carson
"The Soul of a ,New College, Part 2"
Metropolitan Magazine. Spring 1987
Reed, Carson and Hawk,. Doug
The Colorado Community College and Occupationql
. Educ~tion'System: A Si/verAnniversary History.. 1994
Richardson, Albert D.
Beyond the Mis~issippi. 1867'
Auraria Higher Education Center publications:
- Auraria Facts, 1996
Churches of Auraria, 1994
Ninth Street Historic Park, Revised J 997
The Rocky Mountain News
The Denver Post
Information was also provided by the Public
Rela~jons offic~s of CommUnity College of Denver,
Metropl!litan State College of Denver and
University of Colorado at Denver
P.IS
P.19
1
l
~,:,:?/:
AHEC
Michael Gamer fupper); Nancy Kames (lower left);
Michael Gamer (lower right)
Denver Urban Renewal Authority
Metrcopolilan Magazine
TOIDNoclrollenjon
ABEC (left);Frank Kimmel (right)
Michael Gamer (upper); AHEC /lower)
AHEC
Dave Neligh
Nancy Karnes
P.20
P.21
E22
P.2l
P.24
P.25
P.26
P.27
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Speciallhanks to MSCD College Communicatiol15 for special
assistance with photographs.
The rival!
Student Union
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CALIFORNIA PLANNlNG
& DEVELOPMENT REpORT
Vol. 12, No.6-June 1997
UC, CaI State
Find DeveloRment
Rough Going
Merced, Camarillo Campuses
Depend on Partnerships
By
Morris Newman
3<}
The state's public university systems are
learning some hard lessons about the difficul-
ties of pursuing large-scale development pro-
jects in present-day California. In Merced
County, the University of California continues
to sound tentative about building the universi-
ty's 10th campus in the city, due to a lack of
funds. In Venlunl County, California State Uni-
versity is facing both financial and political
obstacles to its plans to build a new campus in
the last large county in the state without one.
The uncertainty surrounding those pro-
posed campuses contrasts with the promotional
mood surrounding other new and proposed col-
lege campuses across the state. In Monterey
County, a portion of Fort Ord has been recycled
as CSU Monterey Bay, and has been hailed as a
model of military base reuse. In the City of San
Francisco, Mayor Willie Brown has made a pri-
ority of convincing UC San Francisco to build
its second campus in the Mission Bay redevel-
opment area. On May 16, DC regents approved
the expansion into Mission Bay, which is
expected to result in a 2.65-million-square-foot,
5800 million campus. Under the plan, landown-
er Catellus Development Corporation will con-
tribute 27 acres to the university, while the city
will convey an additional 18 acres of publicly
owned land.
Campus boosterism is also running high in
Merced County, where DC regents decided two
years. ago to build the university system's 10th
campus. (CP&DR, June 1995). The county and
City of Merced, along with representatives of
the two landowners of the 2.000-acre site, have
formed the University Committee Merced for
preliminary planning and inter-agency coordi-
nation. Although planning remains "very pre-
liminary," Continued on page 10
UC, CaI State Development Find Rough Going
Continuedfrom page J
local enthusiasm is running high for the new campus, according to
Craig Smith, City of Merced assistant city manager, who is a commit~
tee member. 'There's tremendous local suppon for the 10th campus,
including from the Fann Bureau," which has been a traditional oppo.
oent of development. according to Smith.
Last month. the Merced City Council and County Board of Super-
visors each allocated $25,000 to hire a lobbyist to "assist us in the
continuing effort to secure funding for the site," Smith said. Both the
city and county are at work amending their general plans to allow for
both joint planning and tax sharing for the uni versiry.
Funding remains an unsolved problem, however. In April, DC
President Richard C. Atkinson appeared to emphasize financial uncer-
tainty in an official Letter of Intent to Expand, sent to the California
PostsecoIJdary Education Commission. "A final commitment to build
the 1 Oth campus depends on adequate resources both to develop the
new campus and to ensure the continued growth and health of the uni-
versity's existing nine campuses," he wrote. The UC official oversee-
ing planning for the Merced campus, vice provost Carol Tornlinson-
Keasey, said Atkinson's language was routine for such documents.
She acknowledged, however, that the postsecondary commission is
"worried about the cost." For the time being, TomJinson-Keasey is
. . going forward with planning for the 10th campus, and is still hoping
that the campus will be open in 2005.
The most hopeful news, financially, is a proposed Higher Educa-
tion Bond Bill, that would authorize $l.25 billion in spending for vari-
ous projects. Bill sponsors include Assembly Speaker Cruz Busta-
mante, D-Fresno, Assemblyman Dennis Cardoza, D-Merced, and Sen.
Richard Monteith, R-Modesto. If approved, the bond measure would
be on the March 1998 ballot.
"Having a positive legislature right now has been very helpful for
us, in our bid to find funding in this particular economic climate," said
UC's Tomlinson-Keasey. In particular, Bustamante has declared his
intention to make the UC Merced location a major goal of his speaker-
ship, which will last only until 1998 because oftenn limits.
Three hundred miles south in Ventura County, officials of Califor-
nia State University are looking for answers to their financial quan-
daries - and are running the risk of alienating local government in
the process.
Two years ago, CSU bought 260 acres of lemon orchards in an
agricultural greenbelt outside Camarillo as the intended site of the
new campus. In May 1996, however, Governor Pete Wilson asked for
a task force to study the feasibility of convening the vast Camarillo
State Hospital into the new campus. In November of last year, a task
force issued a repon that endoI5ed the reuse of Camarillo State.
The report also recommended a public private partnership to man-
age the conversion process, in a recommendation that is reminiscent
of military base conversion. The hospital should be "turned into a
'University Alliance' led by the California State University in panner-
~
.
ship with local government, the community colleges, the private sec-
tor and the military." The report also recommended that "portions of
the facility not needed by the California State University should be
leased for uses compatible with its educational mission:'
Financial uncertainty also hobbles the progress of the campus,
which will be known as Cal State Channel Islands_ Cal State Channel
Islands president 1. Handel Evans said he is preparing a report, due to
CSU regents in September. about ways to generate revenue on the
Camarillo campus. Current ideas include currently sharing space with
community colleges, elder care, and magnet schools.
Currently. university officials believe they must buy 280 acres of
land near the Camarillo hospital, part of which would be developed
and generate an income stream for the university. To avoid spending
more money on land, the university has proposed a land swap with the
owner of acreage near the fonner state hospital. Despite its distance
from the city center and relatively poor access, the university has pro-
posed developing the land, in part to "throw off' revenue for universi-
ty construction. CSU has also suggested that Camarillo would rezone
the land and eventually annex it.
That suggestion raises hackles among some city officials, includ-
ing Camarillo city manager, Bill Linle. He points out that both the
CSU-owned parcel and the proposed site near the hospital university
both lie within a designated greenbelt zone created by an agreement
between Camarillo and the City of Oxnard. "We take these greenbelt
agreements very seriously. There would have to be some overriding
reason to remove a piece of property from the greenbelt and annex it," .
he said in an interview.
He pointed out that the site is near the industrial ponion of the city,
which contains plentiful vacant land. And Little seemed offended by
the idea that a public university had to become a commercial develop-
er to pay for a new campus. "Quite frankly, we are having a hard time
with the idea that we, as a county, are somehow required to agree to
allow (CSU) to assume the role of developer, and develop several
hundred acres of land, which we would never do, if they didn't repre-
sent the university."
In a May 9 letter to CSU officials, Little added pointedly that "we
believe that if the state of California is going to commit to a university
in Ventura County. it should at least provide adequate state funding to
accomplish that purpose, rather than force your organization into the
role of a land developer." 0
. Contacts:
Carol T omlinson-Keasey, vice provost of campus development,
University of California, (916) 752-2072.
J. Handel Evans, president, California State University,
Channel Islands, (805) 643-2585.
Mary Stephens, executive project manager, California State University,
Channel Islands (805) 643.2585.
Bill Little, Camarillo City Manager, (805) 388-5307.
Craig Smith, assistant city manager, City of Merced,
(209) 385-6834.
.
q-{)
COUNCIL AGENDA STATEMENT
Item p (/
Meeting Date 8/26/97
ITEM TITLE:
Report on "Higher Education Center" Concept
SUBMITTED BY: Assistant Director of Pla~
REVIEWED nv, Ci'y M,""crJlJ b0210\
For the past several years, the City of Chula Vista has been taking steps which would allow for
the future development of a taur-year university within the community. More recently, the City
has also been involved with SDSU and UCSD in several university-related projects, and has also
begun discussions regarding a "higher education center" concept which would bring together two
or more educational institutions on a single site. This report describes the proposed "higher
education center" concept as well as its relationship to other university-related activities
involving the City of Chula Vista.
(4/Sths Vote: Yes_No_XJ
RECOMMENDATION: That the City Council:
1. Accept this report and authorize staff to continue to refine the "higher education center"
concept through further negotiations with the identified academic institutions, and
2. Authorize the Mayor to sign the attached draft letter of intent for the development of a
Memorandum of Understanding, with the understanding that this MOU will be brought
back to Council with additional information prior to any further commitment by the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
1. Back grau nd
Proposed Otay Ranch University Site
In October 1993 the Chula Vista City Council approved an amendment to its General Plan and
the General Development Plan for the Otay Ranch, a 23,000 acre master planned community
in the southeastern portion of the City's planning area. At the same time the County of San
ItJ--/
Page 2, Item 1../ {/
Meeting Date 8/26/97
Diego Board of Supervisors also adopted a Subregional Plan, an almost identical plan for the
same project. These plans recognized that the urban portion of the Ranch would likely be
annexed and developed within the City of Chula Vista. Both plans called for the siting of a
university within the areas identified as Village 9 & 10, and adjoining Salt Creek area. The City
of Chula Vista has since annexed approximately 9,400 acres, including the proposed university
site.
University siting criteria - Siting criteria utilized during the planning for the Otay Ranch
GDP identified the need for from 400 acres up to 2,000 acres to site a new University
of California (UC). In the past, UC has sought sites at the upper end of this range to
accommodate core educational and support facilities, as well as providing additional land
which can be used for future business / research park facilities which could generate
additional revenue to support the university. The university site identified within the
Otay Ranch totals approximately 700 acres within Village 9 & 10, and an additional 400
acres within the Salt Creek area, for an overall total of 1,100 acres.:!:..
Environmental constraints - Significant environmental constraints were identified for
the 400 acre Salt Creek area during the planning for the Otay Ranch GDP. These
constraints, which included the protection of important habitat for the Cactus wren and
California gnatcatcher (threatened species), have become significant policy issues within
the Final Multiple Species Conservation Program EIRlEIS and within the Draft Chula
Vista MSCP Subarea Plan.
Property ownership /land control issues - In order to attract UC to the Otay Ranch
site, it has been indicated that it would be preferable that the site be donated to the
University. The land will be dedicated to the Otay Ranch Preserve Owner-Manager
(City of Chula Vista and County of San Diego acting jointly) as part of the open space
conveyance program. Consistent with the Otay Ranch GDP and Resource Management
Plan (RMP Phase 2), university land uses are considered a permitted land use within the
Otay Ranch preserve, subject to further environmental analysis. The Preserve Owner-
Manager may sell, lease or gift areas of conveyed land to a third party for purposes of
pursuing the university.
Portions of the land within the Salt Creek area are presently owned by Baldwin Builders
and United Enterprises; however, this area is identified as the first land conveyance to
the preserve, pursuant to conditions of the SPA Plan for Villages 1 and 5.
Other means of land acquisition could occur through state and/or federal funding
appropriations for acquisition of the property linked to further negotiations on the related
Multiple Species Conservation Program.
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Meeting Date 8/26/97
2. "Higher Education Center" Concept
In a recent meeting with representatives of SDSU, UCSD, Southwestern College, and the City,
the concept of a "higher education center" for South County was discussed.
"Auraria Higher Education Center" Concept -
The concept which is under discussion for South County is based on the Auraria Higher
Education Center in Denver, Colorado, which is a 127-acre campus shared by three educational
institutions: Colorado University at Denver, Metropolitan State College of Denver, and
Community College of Denver. This facility, which is owned and operated by the State, has
been in operation for over 20 years, and currently houses approximately 33,000 students. With
the exception of administrative buildings for each of the three institutions, all other facilities
(classroom buildings, library, student union, support service facilities, etc.) are shared among
the three entities. An executive vice president of administration oversees the operation, and a
nine member board of directors provides policy oversight (see attachment).
The concept of a "higher education center" for Chula Vista / South County, as discussed to date,
would involve the establishment of a single campus which would house academic programs from
SDSU, UCSD, and Southwestern College. The initial focus would be on academic programs
that would support vocational education and training in the areas of high technology,
biotechnology, and other technical fields. However, discussion also included programs related
to international environmental issues and commerce, and other related fields. It is also possible
that the facility could eventually house a variety of other programs, and could potentially include
programs from educational institutions other than those mentioned above.
In reviewing information regarding the Auraria Higher Education Center, certain key features
should be pointed out:
A. The State of Colorado established the Auraria center and provided the majority
of funding for its development and ongoing operation (although the City of
Denver did provide approximately $20 million of the initial $84 million
construction cost through a bond issue).
B. The Auraria center houses three "stand-alone" educational institutions; that is,
each of the three institutions is an independent entity based at Auraria, and is not
an off-site "learning center" for another college.
"Ventura Learning Center" Concept -
Another example of a joint higher education center which can be considered is the Ventura
Learning Center, which was jointly operated by CSU Northridge and UC Santa Barbara in
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Meeting Date 8/26/97
Ventura from 1975 to 1988. This facility was designed to serve Ventura County with
undergraduate and postgraduate degrees from both campuses, and was established in a leased
office complex, with administrative staff hired to serve both universities. Some classes were
taught through televised lectures from the home campuses, with two-way communications
between the remote lecture hall and the local classroom.
Unlike the Auraria Center, this center provided classes and degrees through the two "home"
campuses, CSUN and UCSB. Another difference is that it was not directly affiliated with the
local community college in Ventura. The center operated successfully for 13 years. However,
the joint operation of the facility was terminated in 1988, when legislation was passed which
provided funding for establishment of a new CSU campus in Ventura. At that point, UC Santa
Barbara decided to establish its own separate off-campus center, and CSUN continued to operate
the existing center.
3. Issues
In evaluating a "higher education center" concept for Chula Vista, and adapting it to local needs
and opportunities, a number of issues would need to be addressed:
A. Organizational Structure - The roles of the City, SDSU, UCSD, Southwestern
College, (and possibly other entities) in establishing and operating this facility
would need to be better defined.
B. Academic and Research Focus - The programmatic focus of the overall facility
needs to be further defined: Is it South County / commuter-oriented only, or
serving a larger area? Academic only, or research as well? Would UCSD and
SDSU both offer bachelor's programs? Would either offer lower division
coursework?
C. Siting Issues - Depending on further definition of the academic focus of the
facility, the siting of this facility could occur in several different locations:
a. Gtay Ranch University site
b. Eastlake Business Center / Kaiser site
c. Town Centre redevelopment area
d. The existing Southwestern College site
e. The Chula Vista Bayfront
It may also be necessary to start the facility on a temporary site, depending on
the permanent site which is selected, and the availability of infrastructure and
funding to construct the facility in its permanent location.
/ cJ --f
Page 5, Item ~ / C/
Meeting Date 8/26/97
D. Facility Financing - Staff has had an initial discussion with SDSU administrative
staff regarding financing options; it is likely that a combination of public and
private financing options would need to be pursued. SDSU has recently been
involved in a number of public / private partnerships, both to establish new
facilities on existing campuses, and to allow development of revenue-generating
uses on university-owned property.
E. Relationship to City Goals for Four-year University - If successful, the
proposed "higher education center" has the potential to meet Chula Vista's long-
term goal of a four-year university. This needs to be evaluated further; however,
if the University of California does not pursue the siting of a new university in
Southern California the continuing interaction with UCSD on this concept could
evolve into the university presence that the City desires. The trade-offs in terms
of local quality-of-life, economic benefits and costs will still need to be evaluated
further.
4. Status
Representatives of SDSU, UCSD, Southwestern College, and the City have agreed to continue
to meet to discuss these issues. In addition, it was agreed that a letter expressing the intent of
these entities to enter into a "memorandum of understanding" to pursue this concept would be
prepared and signed by these entities (see attached).
5. Other Universitv-related Planning Efforts
"Environmental Sciences Institute" Concept -
Earlier this year the City Council directed staff to continue discussions regarding the potential
siting of a UCSD "environmental sciences institute" (ESI) near Lower Otay Reservoir and the
adjacent future open space preserve lands. While not the focus of this report, the ESI concept,
nevertheless, could potentially be linked to the academic focus of a "higher education center,"
but is not expected to conflict with this concept.
UCSD, in cooperation with the Wildlife Agencies and the City of Chula Vista is in the process
of developing a specific proposal for an environmental research or sciences "academic unit" that
would have a field-related environmental research division. The Biology Department of UCSD
has proposed a facility which could be co-located with the future wildlife refuge planned for the
eastern portion of the City's General Planning area.
Council authorized the acceptance of a state grant for $10,000 to further evaluate siting issues
relative to the "environmental sciences institute" concept. The City Council voted to accept this
.--
/tJ ~-->
Page 6, Item ~ / (/
Meeting Date sfi6i97
grant, with the understanding that it would not detract from further efforts to maintain a four-
year university site in Chula Vista.
BECA Involvement with UCSD -
The City's Border Environmental Commerce Alliance (BECA) is currently negotiating with
UCSD to establish an environmental technology transfer contract with the University. The
relationship that BECA hopes to build with UCSD will include collaboration with the Center for
Environmental Research and Training (CERT). CERT is a new, multi-disciplinary program
designed to allow the University's diverse and heretofore unconnected environmental research
programs to work together and huild capacity. CERT encompasses environmental programs
carried out by the chemistry, anthropology, urban studies, biology, and other departments, as
well as the Scripps Institute of Oceanography and the Medical School.
UCSD will assist BECA by assessing the status of environmental technologies in UC schools and
the National labs, to determine which technologies could easily be commercialized.
Chancellor Dynes of UCSD has given his support to the CERT program, and the link between
BECA and CERT will help stimulate regional environmental business development and provide
a useful outreach into the community for both UCSD students and faculty.
Western Regional BioProcessing Center (WRBC) -
The Western Regional BioProcessing Center (WRBC) is being organized as a non-profit
scientific research organization planned for location within the EastLake Business Center.
WRBC has a two-part mission: 1) to provide specialized biopharmaceutical manufacturing
education, training and research programs, and 2) to offer pharmaceutical research,
development, and production services to industry. SDSU and the 22 campus California State
University Program for Education and Research in Biotechnology (CSUPERB) will administer
the academic and training programs at the Center. (SDSU is also on the Board of Directors,
represented by Dean of Sciences Dr. Donald Short and Director of CSUPERB Dr. Stephen
Daums)
The WRBC has been incorporated as a non-profit entity at the state level subject to final
approval by the IRS (in process). The project has been endorsed by Governor Wilson,
Assemblymember Ducheny, state agencies including the California Trade and Commerce
Agency, UCSD Connect, BIOCOM, and others. The Boswell Foundation has committed to a
minimum $1 million grant and the EastLake Development Co. is currently preparing an Option
Agreement for approximately 11 acres in Phase I of their business park.
The WRBC was originally endorsed by the City Council in 1994 following Council's acceptance
of the results of a feasihility study which the City helped finance. In August 1996 the City
contributed to WRBC's seed capital campaign along with other supporters. The City's goal has
/v-~
Page 7, Item L-! 0
Meeting Date 8/26/97
been to attract this one-of-a-kind bioprocessing manufacturing and trammg center and to
encourage the development of a biotech industry cluster wifhin Chula Vista.
WRBC is currently engaged in negotiations with pharmaceutical companies including Johnson
and Johnson and Quentile to finalize service contracts and financing agreements. WRBC is also
pursuing potential state assistance. Staff is continuing to assist WRBC with all appropriate
negotiations, including site related matters.
FISCAL IMPACT: Staff costs for work program efforts related to the "higher education
center" concept will be general fund supported.
Attachments:
1) Locator
2) Draft Letter of Intent NOT SCANNED
3) "Auraria Higher Education Center" Material NOT SCANNED
(H:\home\plannillglu(;l:v\high_ ed.A II)
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT N/A PROJECT DESCRIPTION:
C) APPLICANT: HIGHER EDUCATION CENTER CONCEPT
PROJECT N/A
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COUNCIL AGENDA STATEMENT
Item. /~: )
Meeting Date_8LUi19l
ITEM TITLE:
Report on Status of Closure of Jefferson A venue for Feaster School
:::=B:~' ::::::":;:~ 1 (415~ VO'" V"--"ol)
On January 7, 1997 the City Council authorized the closure of Jefferson Avenue by the Chula
Vista Elementary School District subject to certain conditions. The School District wishes to close
Jefferson Avenue with temporary fencing before September 2, 1997, but they have not completed
the work necessary to meet the conditions required to vacate the street. The District needs to
move ahead with the closure by that date in order to have the modifications to Feaster School
ready by the start of School.
RECOMMENDATION: That Council approve this report and permit the Chula Vista Elementary
School District to proceed with the closure of Jefferson Avenue now based on the District's
written agreement to complete the items necessary to vacate the street within six months, submit
the necessary right of way documents and that they are proceeding at their own risk.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The purpose of this memo is to keep Council apprised of the status of the Elementary School
District's request to close Jefferson Avenue. On August 15 Cliff Swanson, the City Engineer, got
a call from David Dow, the Maintenance and Operations Director for the District, indicating that
everything had been set with the City to allow them to close Jefferson Avenue with a chain link
fence and that they were just informing us that it was going to be done this coming week. The
City Engineer indicated that since the City had received nothing from the District or their
Architect or Engineer on meeting the conditions of the Council Resolution, he had some concerns.
A meeting was set with City staff, David Dow and the District's Architect for Monday morning
August 18 at which all of the necessary items were discussed.
At the meeting the architect presented a rough drawing, which the City had not yet seen,
indicating the layout of the street. The closure of Jefferson Avenue with a cul-de-sac would create
a drainage problem since the street drains to the north and the cul-de-sac would block the
drainage. The ultimate solution to the drainage issue, which requires a storm drain, probably in
connection with the City's storm drain project in "E" Street in this year's CIP, could not be built
yet. However, Dow indicated that the District would be leaving the street improvements in place
in the fenced off area in the interim. This would allow the existing drainage pattern to continue
until the permanent drainage solution could be implemented. Dow indicated that the District
would probably commit in writing that they would put in the Jefferson Avenue cul-de-sac within
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Page 2, Item _
Meeting DateJl126L2L
three months. They could leave a special drainage box in the curb and sidewalk area of the cul-
de-sac that would allow the drainage to continue through the existing closed off street until the
City constructed the necessary storm drain in E Street. He indicated that they would probably also
commit that they would construct the necessary storm drain when we constructed a drain in "E"
Street. A possibility of the District entering into a joint project for the City to do both parts of
the storm drain at the same time was also discussed. Staff asked that this information and
schedule be put in a letter. It was also suggested that the City should have the additional right of
way needed for the cul-de-sac dedicated prior to closing off the street. The School's architect will
have their engineer prepare the necessary legal descriptions and documents. The temporary
closure of Jefferson Avenue without having a cul-de-sac in place will present some temporary
difficulties for vehicles, especially trucks, trying to go through and having too small an area in
which to turn around. However, three months is a minimal time frame and it permits the District
to be ready for the School year.
Staff then went over the additional conditions included in the Council resolution with the Dow and
the Architect. These include: I) Adding an eastbound to southbound right turn lane at Flower
Street/Broadway intersection by restriping; 2) Adding a permissive protected left turn signal for
"E" Street traffic and adjusting traffic signal phasing at Broadway/"E" Street to extend eastbound
to northbound left turn phase plus installing south bound to west bound free right turn phase to
overlap with east-west left turn phase at Broadwayl"E" Street; 3) Removing one fan palm tree on
the west side of Broadway north of Flower Street to improve sight distance to the north; and, 4)
dedicate and improve a walkway adjacent to, and west of the School that will provide safe access
for residents to be able to walk to the stores on "E" Street. For your information a copy of the
Resolution and minutes of the January 7, 1997 Council meeting are attached.
The Council also added a couple of conditions over and above the original staff recommendations.
One of these appears to impact the districts scheduling. These include: a) should the site be
partially or fully sold, the City will be compensated for the square footage of the land dedicated
that is currently under the ownership of the City; b) gates provided for pedestrian traffic through
the school campus shall be left unlocked during non-school hours to provide alternatives for
pedestrians; c) the City approve drainage issues related to the walkway on the west side to ensure
there will be ways of crossing for the pedestrians from Flower Street to "E" Street and not going
through a flooded area; e) retain easements and rights for all existing utilities; and t) the design
of the walkway is subject to Council approval. As the following discussion will indicate, the
District and City staff believe that all conditions, except for this last requirement for the Council
to approve the design of the walkway can be worked out in time for the District to meet their
schedule of closing Jefferson in time for School to start on September 2.
Related to condition number 1, above, staff estimated that the cost for this restriping on Flower
Street is approximately $1,000. Dow indicated that the District would request the City to do that
restriping and would deposit the necessary amount to cover the costs. Related to number 2, the
cost was estimated at $30,000 for the construction. They would ask the City to prepare the plans
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Page 3, Item _
Meeting Date~619~
and contract this work for them. They would deposit $35,000 to cover the cost of all engineering
and construction. Staff believes that this arrangement would be satisfactory to meet that condition.
Related to condition 3, the District would have their contractor get a permit and would remove
the tree themselves.
Re]ated to the Council request to review the final walkway design, condition f, the three week
time necessary for the City to receive the proposal and prepare an agenda statement, with no
meeting on September 2, would create a problem with the schedule. In a subsequent phone
conversation Dow indicated that he would probably construct a concrete sidewalk about 6 inches
above the current grade, redig and c1eanout the drainage swale, and put in severa] lights for night
time illumination and take his chances that the Council will approve the "design". That also
indicates that they will take that action and then go out and fence off Jefferson A venue according
to their schedule. Staff advised them that they could not say this procedure would be acceptable.
It is staffs recommendation that if the District provides a commitment letter acknowledging that
they will close the street at their own risk (regarding any future Council actions on submittal of
final design for the walkway), complete the improvements within six months and submits R/W
documents the District be allowed to close Jefferson A venue under their schedule.
FISCAL IMPACT: None to the City. The District will be responsible for all costs and will
make the necessary deposits.
Attachments:
Exhibit A
Exhibit B
Exhibit C
]/7/97 Agenda Statement A
Resolution ]8544 ~C~>-
Minutes of 1/7/97 meeting 0"-
~
H: \SHARED\ADMIN\PV -068 _ 3 .JWH
August 21, 1997 (5:12pm)
/c. / - .3
EXHIBIT "A"
COUNCIL AGENDA STATEMENT
Item
Meeting Date 1/7/97
ITEM TITLE:
Public Hearing to consider the vacation of a portion of the 100 Block of
Jefferson Avenue.
Resolution ordering the conditioned vacation of a portion of the
100 Block of Jefferson Avenue
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager
(4/5ths Vote: Yes _ No..K)
The Chula Vista Elementary School District has applied to the City to vacate the portion of
Jefferson Avenue from Flower Street to approximately 300 feet south, along the frontage of
Feaster Elementary School (see Exhibit "A"). In accordance with Part 3, Chapter 3, of the
California Streets and Highways Code, Council must hold a public hearing in order to consider
the vacation request. In order to vacate, Council must adopt a resolution ordering the vacation,
and that resolution may contain conditions to be met by the applicant prior to its recordation. On
12/10/96, Council adopted Resolution No. 18516
RECOMMENDATION: That Council hold the subject public hearing and adopt the subject
resolution ordering a conditioned vacation of a portion of Jefferson A venue in the 100 Block and
not require payment for the vacated land.
BOARDS/COMMISSIONS RECOMMENDATION: There are no actions required to be
taken by any Boards or Commissions for this matter.
DISCUSSION:
Background:
On September 10, 1996, application was made by the Chula Vista Elementary School District
(District) to vacate a portion of Jefferson Avenue between "E" and Flower Streets (see Exhibit
"A"). It is the District's intention to purchase a vacant piece of property on the east side of
Jefferson Avenue directly across the street from Feaster Elementary as a way to expand the school
campus. Rather than building a bridge or underpass to connect the two properties, the most viable
solution would be to vacate the street between the two parcels.
The District held a public meeting, inviting residents of the Feaster School neighborhood.
Approximately 30 people attended. (City staff inquired of the possibility of obtaining the minutes
to the meeting and none were available.) According to staff at the District, a few senior citizens
who attended had concerns regarding emergency personnel response time.
)().)- i
Page 2, Item
Meeting Date 1/7/97
As Council was previously notified, the City began a 10-day trial closure of the street on Friday,
November 8, 1996 and continued it through Monday, November 18. Approximately 930 notices
of the trial closure were mailed out to residents and property owners of the neighborhood bounded
by 1-5 east to Broadway and "D" Street south to "E" Street. Additionally, approximately 900
notices were given to the School District to pass out to the students at Feaster School. The notice
included a City contact person and a phone number to call for comments or questions.
During the closure, a total of 12 calls were received by the City's contact person. Ten of the
twelve phone calls were people objecting to the closure. A majority of the respondents were
retirees, not able to drive and were concerned with the closure to pedestrian traffic. Apparently
many of the residents of the mobile home park at 701 "D" Street walk to a market on "E" Street,
using Jefferson A venue as the shortest route. By cutting off this portion of Jefferson Avenue,
pedestrians would be forced to walk east to Broadway, then south to "E" Street, adding a quarter
of a mile to their trip. One call was from a resident who, on her way to work in the morning,
traveled east to Broadway on Flower Street and had to wait behind eight or nine cars attempting
to exit onto Broadway at the stop sign. (There is no signal at this intersection.) Further
discussion and mitigation measures for this issue is included below under the section headed
Recommendations.
All residents who were sent notices of the trial closure will be notified of the public hearing being
set by the Resolution of Intention. (See description of area above.)
The vacation of the street, if it takes place, will include reservation of easements for all City
facilities and other agencies owning facilities that will remain within any of the vacated areas.
Compensation for Right of Way
When a street is vacated the vacated land reverts to the underlying fee owner. If the street was
originally dedicated on a subdivision map, the land would normally revert to the adjoining owner
from the centerline of the street. If the City has a grant deed to the property, the City owns the
land in fee and could be paid for the land since it doesn't automatically revert to the adjoining
property. If the City has an Easement for street purposes, the land would normally revert to the
land that dedicated the property. In this case there is a total of 18,135 square ft. to be vacated.
Of that amount the School District dedicated as an easement 12,090 SF and the owners of the
easterly property dedicated about 6,045 sf as quit claim deeds or grant deeds. Normally, the
12,090 s.f. easement would revert to the School District and the remaining 6,045 sf would be city
land since the City appears to own the underlying fee under the grant deeds.
Previously for some projects the City Council has required the applicant to pay for the land that
was vacated whether or not it was an easement. Staff believes that since this is a public agency,
that the majority of the land that would ordinarily revert to the School, the City should do so at
no cost. However, the 6,045 sf of grant deeded land could be sold to the School. The decision
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Page 3, Item
Meeting Date 117/97
of whether to sell or grant at no cost any or all of the vacated land needs to be made prior to any
final action on the vacation. Because of the status of the District as a public agency it is staff's
recommendation that no payment be required if the vacation is approved.
Impacts of Closure
In addressing the School District's request for vacation of this portion of Jefferson Avenue staff
had concerns over the impacts to traffic in the area. These were most particularly over the
intersection of Broadway and "E" Street since all traffic using Jefferson Street now would, most
likely, have to go through this intersection. Traffic turning movement counts were conducted to
determine the effects of the proposed closure of Jefferson Avenue, between "E" Street and Flower
Street, on traffic circulation. The counts were taken in the a.m. peak period (7:00-9:00) and p.m.
(4:00-6:00) peak periods. Two intersections, "E" Street/Jefferson Avenue and "E"
Street/Broadway, were analyzed on Thursday, October 23, 1996, prior to a trial closure period.
The "E" Street/Broadway and Broadway/Flower Street intersections were analyzed on Thursday,
November 13, 1996 while Jefferson Street was temporarily closed. The results of the traffic
counts are shown on Exhibit B. Following are the findings for the before and during closure
analysis for each of the intersections.
Jefferson Street/"E" Street
This is a T-intersection with two through lanes and a left turn lane on "E" Street (east-west) and
a travel lane in each direction (north-south) on Jefferson Street. The highest volume of turning
movements at this intersection were observed in the a.m. peak period. These were the southbound
to westbound right turn and the eastbound to northbound left turn movements which were 139 and
102 respectively. Based on the low volumes this intersection currently operates at LOS A. It was
anticipated that during the temporary closure of Jefferson Street traffic from Jefferson A venue
would be diverted to Broadway and Flower Street.
Flower Street/Broadway
The Flower St./Broadway intersection is an unsignalized four legged intersection with a through
lane, a shared through/right turn lane, and a left turn lane each way on Broadway (north-south)
and a shared through/right turn/left turn lane in each direction (east-west) on Flower Street. Low
volumes (approximately 12-16% of all eastbound traffic) of eastbound through and left turning
traffic on Flower Avenue were observed. The turning movement expected to be impacted most
by the proposed closure of Jefferson A venue is eastbound to southbound right turn. There were
127 right turning vehicles during the a.m. peak hour. The a.m. peak is the worst case because
the general commuting traffic and the school traffic peaks coincide for this period. Because there
is only one shared lane for all the eastbound movements, it is expected that significant delays will
be experienced by all eastbound traffic at this intersection. By prohibiting parking on the south
curbline of Flower Street near the intersection and restriping/marking of the pavement a separate
right turn lane could be provided to minimize the delays. There is also a palm tree in the west
parkway of Broadway north of Flower Street that somewhat impairs the visibility and, with the
IcY.-) -?
Page 4, Item
Meeting Date 1/7/97
increase in traffic needs to be removed. The cost to do the striping work is estimated at $1,000
and to remove the palm tree is $500 to $1,000.
Broadway/"E" Street
This intersection is a four-legged signalized intersection with a through lane, a shared
through/right turn lane, and a left turn lane in the westbound, eastbound, and northbound
directions and two through lanes, a left turn lane, and a right turn lane in the southbound
direction. Based on the JHK study conducted in the fall of 1990, the intersection was operating
at a LOS A for the a.m. peak and LOS B for the p.m. peak. Based on the p.m. peak hour
volumes (the higher peak) observed on October 23 and November 13, the intersection had a LOS
B before the trial closure of Jefferson Avenue and a LOS C during the closure.
The movements most impacted by the street closure are the south bound to west bound right turn,
which increased from 200 to 301 vehicles, and the eastbound to northbound left turn, which
increased from 161 to 298 vehicles for the p.m. peak hour. These increases will cause significant
delays for vehicles making those movements. While the south bound to west bound right turn
movements are a concern, right turns may be made on a red light so long as the traffic permits.
The biggest concern is the volume of left turning movements from east bound "E" Street to north
bound Broadway. The volume of this movement at 298 is within the range requiring dual left
lanes. As a planning figure the capacity varies from 250 left turns per hour to 350 left turns per
hour. The lower figure represents a planning figure where dual left turns should be provided for
all new roadways. Within that range, at existing intersections, the higher volumes can sometimes
be accommodated by giving additional green time to the left turn movements. However, that can
only be done by reducing the through green time and is only effective when the through movement
is light enough to allow the reduction. Above 350 vehicles per hour it is a generally accepted
principle that dual left turns are always required. Caltrans' Traffic Manual, Section 9-03.3,
indicates that "If the left turn volume is 300 vehicles per hour or more, consideration should be
given to a two-lane left turn."
As interim measures, the increases in these turning movements could be mitigated by:
1. Adding a permissive/protected left turn signal for "E" Street traffic which will allow
both a protected left turn phase and left turns during the through movement which must
yield to the through traffic. The intersection of Fourth and '''F'' has this type of
installation. Adjusting the signal timing to extend the east-west left turn phase to clear
more vehicles through the intersection will also be done.
2. Adding a right turn arrow overlap phase for southbound Broadway traffic to the east-
west left turn phase on "E" Street would allow the southbound to westbound free right
turn without a stop during that phase. This would require the installation of a five section
/d-)- ?
Page 5, Item
Meeting Date 1/7/97
head at the southwest corner similar to that installed for northbound Hilltop Drive at East
"H" Street.
The estimated cost for these interim improvements is $30,000. However, the volume of left turns
indicate that dual left turn lanes should be considered as a more permanent solution. If the
improvements suggested above prove not to be effective, the only solution would be to reconstruct
"E" Street at the intersection to provide dual left turn lanes. Installation of eastbound dual left
turn lanes would require an 8-foot widening of the west leg of the intersection. Since there is a
major storm facility at the southwest corner, it may be more feasible to widen the north side of
the street. Street striping would also require adjustment to direct traffic to the appropriate lanes
on the east side of the intersection. The cost of this work has not been estimated, but would be
very expensive and require condeming for right of way.
RECOMMENDA nONS
The following mitigation is recommended as a condition that the School District pay for should
Council approve the permanent closure of Jefferson Avenue:
1. Add eastbound to southbound right turn lane at Flower Street/Broadway intersection
by restriping and prohibiting parking near the intersection. Cost: $1,000.
2. Adding a permissive/protected left turn signal for "E" Street traffic and adjusting
traffic signal phasing at Broadway/"E" Street to extend eastbound to northbound left turn
phase plus installing south bound to west bound free right turn phase to overlap with east-
west left turn phase at Broadway/"E" Street. Cost: $30,000.
3. Removing at least one fan palm tree on the west side of Broadway north of Flower
Street to improve sight distance to the north. Cost: $500 - $1,000.
4. Construct an appropriate cul-de-sac closure on Jefferson Avenue at its terminus north
of "E" Street. The cost of this work has not been estimated.
5. Dedicate and improve as necessary a walkway adjacent to and west of the School that
will provide safe access for residents to be able to walk to the stores on "E" Street. No
estimate of the cost to do this work has been completed.
FISCAL IMPACT: The District is responsible for the costs of processing the vacation request,
including the cost of staff time spent on the trial closure and its evaluation under the City's Full
Cost Recovery System. The District has deposited $1,000.00 with the Finance Department and
will be required to add to that when the account is depleted. The deficit is estimated to reach an
excess of $5,000. Estimated costs for staff time and materials for the trial closure and processing
)I!/, / - ~
Page 6, Item
Meeting Date 117/97
the vacation request are approximately $5,500. The School District has been notified that their
deposit is in a deficit and that they need to increase it to cover the staff costs.
If the Council chooses to require payment for a portion of the vacated right of way the General
Fund could receive as much as $45,000 for the portion which the City owns the underlying fee.
This is not recommended.
Under the staff recommendation the District would also be responsible for making all the
necessary improvements to mitigate the impacts related to the closure of Jefferson Avenue. An
estimate of all the work has not been done, however there would be no cost to the City.
Engineering File No. 0740-70-PV-068
Attachments:
Resolution
Exhibit "A" - Plat of area
Exhibit "B" - Results of Traffic Counts
CLS/JWH[M:\HOME\ENGINEER\AGENDA \PV -068 _ 2.JWH]
JjJ,)-'j
EXHIBIT "B"
RESOLUTION NO. 18544
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ORDERING THE CONDITIONED VACATION OF A
PORTION OF THE 100 BLOCK OF JEFFERSON AVENUE
WHEREAS, the Chula Vista Elementary School District has applied to the City to vacate
the portion of Jefferson Avenue from Flower Street to approximately 300 feet south, along
the frontage of Feaster Elementary School; and
WHEREAS, in accordance with Part 3, Chapter 3, of the California Streets and
Highways Code, Council must hold a public hearing in order to consider the vacation request;
and
WHEREAS, in order to vacate, Council must adopt a resolution ordering the vacation,
and that resolution may contain conditions to be met by the applicant prior to its recordation;
and
WHEREAS, on 12/10/96, Council adopted Resolution No. 18516, setting the public
hearing for 117/97.
.~.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby order the conditioned vacation of a portion of the 100 block of Jefferson Avenue,
more particularly described in Exhibit "A", with the following mitigation that the School
District pay to:
1. Add eastbound to southbound right turn lane at Flower Street/Broadway
intersection by restriping and prohibiting parking near the intersection. Cost:
$1,000.
. .
2. Adding a permissive/protected left turn signal for "E" Street traffic and
adjusting traffic signal phasi'ng at Broadwayl"E" Street to extend eastbound to
northbound left turn phase plus installing south bound to west bound free right
turn phase to overlap with east-west left turn phase at Broadwayl"E" Street.
Cost: $30,000.
3. Removing at least one fan palm tree on the west side of Broadway north of
Flower Street to improve sight distance to the north. Cost: $500 - $1,000.
4. Construct an appropriate cul-de-sac closure on Jefferson Avenue at its terminus
north of "E" Street. The cost of this work has not been estimated.
5. Subject to City of Chula Vista City Council approval, dedicate and improve as
necessary a walkway adjacent to and west of the School that will provide safe
access for residents to be able to walk to the stores on "E" Street.
6. Should the School site be partially or fully sold, the City of Chula Vista shall be
compensated, based on an appraisal done by a certified real estate appraiser,
for that portion of Jefferson Street under present ownership by the City of .
Chula Vista. / ~, ) - ) ()
Resolution 18544
Page 2
7, The School District shall submit to the City of Chula Vista for review and
appro\"a\ ~he plans ~o correct existing drainage problems at the westerly side of
the School.
8. All easements for all existing utilities within the vacated right of way shall be
retained by those companies.
9. Gates provided for pedestrian traffic through the School campus shall be left
unlocked during non-school hours to provide alternatives available for
pedestrians,
10, Final design of the pedestrian walkway shall be subject to the approval of the
Chula Vista City Council.
BE IT FURTHER RESOLVED that the vacation take effect only after conditions required
by the City Council have been satisfied and the City Clerk is instructed that the resolution of
vacation not be recorded until notified by the City Engineer that the conditions enumerated
above have been satisfied.
Presented by
Approved as to form by
,..-.,
1
~)i~'
JOhtc P. Lippitt
Pub ic Works Director
/2h~~V. I
~~n M. Kaheny (. /
-City Attorney ~
, ,
/v/)-/!
Resolution 18544
Page 6
PASSED, APPRDVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of January, 1997, by the following vote: '
AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
~~~#jM~
Shirle Horton, Mayor
ATTEST:
~~!J t! IidJlA
Bever';:". Authe/et, City Clerk
-'.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
. ,
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18544 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 7th day of January,
1997.
Executed this 7th day of January, 1997.
'!:::€ eh~!~'
je, ) ~ /eJ-
ReSDlutiDn 18544
Page 3
~,
- . " .
~ .. ~ , - , ...
-....-......- - "
DESCRIPTION OF STREET V ACA TlON
FOR A PORTION OF JEFFERSON A VENUE
PARCEL "A"
T.-{P,T PORTION OF TrlE SOUTriWEST QUART:::R OF TriE SOUTIiEAST QU...RT:::R OF QUf,RT:::R SECTlON
161 OF RANCHO DE LA NACION IN TrlE CITY OF CHUL" VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO MAP TlffiREOF MAP NO, 166 FILED IN TrlE OFFICE OF 11iE COUN'TY
RECORDER OF SAN DIEGO COUh'lY MAY II, 1869 DESCRIBED AS FOLLOWS:
BEGINNING. AT THE NORTIiEAST CORNER OF SAID SOUffiWEST QUARTER OF THE SOUTIiE.AsT
QUARTER OF SAID QUARTER SECTION J 6\; THENCE IN A SOUTHER!. Y DIRECTION ALONG 1HE EAST
LINE OF SAID QUARTER SECTION \6\, A DISTANCE 0F30:00 FEET TO A POINT 30,00 r=J SOlJTHERJ..y
MEASURED AT RIGHT ANGLES FROM THE NORTIffiRL Y LINE OF SAID QUARTER SECTION 161, SAJIl
POINTBElNG TIlE TRUE POD\T OF BEGD\'NlNG; THENCE CONTINUING IN A SOl.Tl1iERL Y DIRECTION
ALONG SAID EAST LINE A DISTANCE OBOO,OO r=J TO A POINT330,00 r=J NORTrlERL Y, MEASURED
AT RIGh"T ANGLES FROM THE SOurn:ERl. Y LINE OF SAID QUARrcll SECTION 161; T.-ENCE LEAVING
SAID LINE AND COlx'TlNUING IN A \I'U,,=.yJ.Y DIRECTION ALONG A LINE PARALLEL \17TH AND
DISTAJo.'T TIERr.JO, 30,00 FEET FROM SAID SOUTIrcllLY LINE OF SAID QUARrcll SECTION 16J, A
DISTANCE OF 40.46 FEt..TO A POINT 40.46 r=J WESTERLY MEASURED AT RIGHT ANGLES FROM TrlE
EASTERLY LINE OF SAID QUARTER SECTION 161; THENCE ALONG A LINE PARAllEL \17m A.lID
DlSTAJ\'T TrlER=.JO 40.46 q:'1:.1 FROM SAID EASTERLY LINE MEASURED AT RIGHT ANGLES A
DISTANCE OF 275,00 rEEl, MORE OR LESS TO TIiE BEGINNING OF A TANGENT CURVE TO TIiE LEe 1
HAVING A RADIUS OF 25.00 FE..."T, TIiE POINT OF INTERSECTION OF TIiE SEMI-TANGENTS OF SAID
CURVEBElNG COINCIDE!\'T\l7T.-i TIiEPOINT OF INTERSECTION OFTIiE LAST NAMED PARAllEL LINE
V.7Tri A LINE THAT IS PARALLEL wrrn AND DlSTAJo.'T TIERr.JO 30.00 r2J MEASURED AT RlGh"T
ANGLES, SOUJ:>{ERLY FROM TilE NOR'THERLY LINE OF SAID SOUTriWEST QUARTER; THENCE
NORmWESTERL Y ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENCY IN A LINE "'H1CH IS
PARALLEL \\7T.-i AND 30.00::::ET SOUT,..:::Rl. 'y MEASURED AT RlGHT ANGLES TO SAID NORTriER!. Y
LINE OF SAID SOUmWEST QUARTER; Tn3JCE EASTERLY ALONG AFORESAID PARALLEL LIN'E TO
SAID NORT.-iERLY LINE A DISTANCE OF 65.46 FEt.J TO TIiE TRUE POlJ\-r OF BEGlNNL"IG.
PARCEL "B"
J:-iA TPORTION OF TIiE SOUTI1EAST QUARTER OF THE SOl.i11iEAST QUARTER OF QUARTER SECTlON
161 OF RANCHO DE LA NACJON IN TrlE CITY OF CHULA VISTA, COUNTY OF SAN DEGO, STATE OF
CALIFORNIA ACCORDING TO MAP TriEREOF, NO. 166 FILED IN TrlE OFFlCE.OF J:-iE COUhTI
RECORDER OF SAN DIEGO COUNTI MAY 1\, 1869 AND DESCRIBED AS FOLLOWS:
BEGINNING ATTrlESOu"'THWEST COR."ER OF PARCEL 1 ACCORDING TO pf.RCELW.'>?NO. 1~.~. FILED
iN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTI JUNE 1\, 1907; T&;NCE
CONTINUING SOUTrl70"59"3." WEST ALONG A PROJECTION OFTHE SOUTrlERL Y LINE OF SAID PARCEL
1 A DISTANCE OF 20.00 FEt.. TO AN lNT'cllSECTION \\7Tri THE \lrr.sr LINE OF SAID SOl.i11iEAST
QUARTER OF TrlE SOUTHEAST QUARTER OF SAID QUARTER SECTION 16\; THENCE NORTrlERLY
ALONG SAID "''EST LINE A DISTANCE OF 302.26 FEET TO A POINT 30.00 FEET SOUTrlERL Y, MEASURED
AT RIGHT ANGLES FROM TilE NORTI1ERL Y I.INE OF SAID QUARTER SECTION 161; THENCE EASTERLY
ALONG A LINE WrilCH IS PARAllEL \\7Trl AND 30.00 FEET SOUTriERL Y MEASURED A TRlGHT ANGLES
TO SAID NORTI1ERLY LINE OF SAID SOUTI1\lr=.ST QUARTER A DISTANCE OF 29.9. r=.=.1 TO A PO!l\'T
) t5' j' - J QOF CUSP "'7TH A 10.00 FOOT RADIUS CURVE CONCAVE SOl.iTHEASTERL Y, TrlE RADIUS PO!l\ T TO SAID
, ~ PO!l\'T OF CUSP BEiNG PERPENDICULAR \\7J:01 SAID PO!l\'T OF CUSP AS SHOWN PER SAID PARCEL W.'>?
...,. r-, 1""'-'"
Resolution 18544
Page 4
14848; THENCE CONTlNlJING IN A WESTERLY AND SOUTHERLY DIRECTION ALONG THE ARC OF SAID
CURVE AS SHOWN PER SAID PARCEL MAP 14848 THROUGH A CENTRAL ANGLE OF 89053'50' AN ARC
LENGTH OF 15,69 FEET TO AN INTERSECTION WITH THE WEST LINE OF PARCEL I AS SHOWN PER SAID
PARCEL W,^P J4848; TnENCE IN A SOUTHERLY DIRECTION PARALLEL WITH THE WEST LINE OF SAID
SOUTHEAST QUARTER OF THE SOtJTI1r.AST QUARTER OF SAID QUARTER SECTION 16J A DISTANCE
OF 292.28 r :or.l TO Tr1E POINT OF BEGINNING.
EXCEPTING THEREFROM HIE FOLLOWING EASEMENTS:
TO: SWEETWAI.eKAUTdORlTf
. RESERVING AND EXCEPTING FROM VACATION AND ABANDONMENT, TO THE SWEETWATER
AUTIlORITY, AN EASEMENT FOR, AND THE RIGHT TO INSTALL, MAINTAIN, REPLACE AND REPAIR.
WATER FACILITIES AND THE RIGHTS OF INGRESS AND EGRESS FOR SUCH PURPOSES IN THAT
CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND
MORE PARTICULARLY DESCRlBED AS ALL OF TrlE ABOVE DESCRlBED P ARCaS "A" AND "E"
NO BUll.DNGS AND/OR STRUCTURES Wll..L BE ERECTED, WALLS CONSTRUL j .eD, ENCES BUll T NOR
TREES PL..." I ED l.jPON THE EASEMEi<"T HEREIN DESCRIBED.
~.
TO: COX COMMUNlCA 110NS
RESERVING A."lD EXCEPTING FROM VACATION AND ABANDONMENT, EASEMENT AND RIGHTS TO
COX COMMUNlCA TIONS, A CORPORATION, PURSUA}.,"T TO ANY EXISTING FRANCHISE OR RENEWALS
T.-lEREOF, OR OTrlERWISE, AT ANY TIME, OR FROM TIME TO TIME TO CONSTRUCT, MAINTAIN,
OPERATE, REPLACE AND REMOVE AERIAL AND UNDERGROUND COMMUNJCATION STRUCTURES
CONSISTNG OF CONDUITS, CABLES, v,'IRES, POLES AND OTriERN.eCESSARY AND APPURTENANC::;S
TOGETrlER'WiTd TdE RlGHT OF INGRESS ANU EGRESS TO PROTECT T.';::: PROPERTY FROM ALL
HAZARJ)S IN, UNDER AND UPON ALL OF THE ABOVE-DESCRIBED PARCELS" A" AND "B"
jt9J).-/)f
SCALi:: 1",: 1 DO'
A??ROXIMA iE
,.-.....
TA~Ull.. t...T) DATA
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Resolution 18544
Page 5
EXHIBIT "A"
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I;DilTHUST CD?'I;;:'il OF SDUTHvY::ST
OU F-RiER OF SOUTHEF-S T OU F-RT::?
OF DUARTER SECTION 161 -
RANCHO DE LA NAClON,
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OF DUARTER SECTION 161......
T:-l!S PLAT WAS PRE?ARED UNO::? MY
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StII"l Diego, CA 52110-2633
(619)294-2727 DfT AIL . A .
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1/17/97 /,d, J- J.'>
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15. PUBLIC HEARING CONSIDERING THE VACATION OF A
EXHIBIT "C"
PORTION OF THE 100 BLOCK OF JEFFERSON AVENUE The Chula Vista Elementary School District has
applied to the City to vacate the portion of Jefferson Avenue from Flower Street to approximately 300 feet south,
along the frontage of Feaster Elementary School. In order to vacate, a resolution must be adopted ordering the
vacation, and that resolution may contain conditions to be met by the applicant prior to its recordation. Staff
recommends approval of the resolution. (Director of Public Works) (01/07/97)
RESOLUTION 18544 ORDERING THE CONDITIONED
VACATION OF A PORTION OF THE 100 BLOCK OF JEFFERSON AVENUE (01/07/97)
Cliff Swanson, City Engineer, reported that the School District requests closure of a portion of Jefferson Avenue
in order to expand the school. Staff conducted a study that included a trial closure of Jefferson Avenue. Potential
problems with vehicle turns from various streets were identified and were staff's primary concerns from a traffic
standpoint. The staff report describes the recommended conditions that mitigate the impacts as a result of the study.
Mayor Horton asked if there would be sufficient lighting on the walkway during evening hours.
Mr. Swanson answered one of the conditions would be for the School District to dedicate and improve the walkway
as necessary, and night time lighting could be included as a condition.
Councilmember Salas asked if there would be a negative impact to emergency service vehicles resulting from closure
of the street.
Mr. Swanson replied it did not appear to be a negative impact because it is not a direct route; the emergency
vehicles will continue to have access from Broadway.
This being the time and place as advertised, the public hearing was declared open.
Marla Mason, 100 Woodlawn Avenue #36, Chula Vista, CA, Student Council President at Feaster Elementary
School, supported the closure of the street in order to expand the school. She pointed out that currently different
grades share classrooms due to the overcrowding.
Ronald Daley, 701 "0" Street, Chula Vista, CA, representing the Jade Bay Mobile Lodge, expressed concern
regarding the street closure due to the elderly having to walk a longer distance to use the pathway.
Richard Schulman, 108-8 Jefferson Avenue, Chula Vista, CA, spoke in support of the street closure because
of safety factors it provides to the children from speeding cars on Jefferson Avenue.
Walter Dowdy, 701 "0" Street, Chula Vista, CA, spoke in opposition to the street closure and expressed concern
regarding the street closure while school was not in session.
Jane Brand, 701 "0" Street, Chula Vista, CA, spoke in opposition to the street closure because of the impacts
to the sen~or citizens who live at the mobilehome park. She stated it seemed the City was trying to accommodate
the children by sacrificing the needs of the senior citizens. She expressed concern the closure would cause delays
by emergency vehicles.
Dr. Catherine Rodriguez, 670 Flower Street, Chula Vista, CA, Principal of Feaster Elementary School, spoke
in support of the street closure, because it is necessary to expand the school. Currently 250 students are bused to
other schools throughout the district, and the expansion will allow these children to attend their neighborhood
school. The school has split sessions, and the State will not fund the class size reduction per pupil allocation in the
future if the school remains on a split session. Two public hearings were held, and the majority of people attending
were in favor of the street closure. The expansion will allow increased student population and will add a playground
and grass area. As additional funds are available, they would like to offer amenities such as a preschool, library
expansion, a computer center, and adult education.
/u~ J~ /b
Chuck Peter, 435 Stoneridge Court, Bonita, CA, representing Cornell's Office Products, Mailboxes Etc. and
property owners at Cornell's Plaza, perceives that closing the street will cause a financial impact to area businesses,
as well as their property values. He indicated he was not in favor or opposed to the street closure, but requested
that a condition be added for the school to deal with the businesses in a fair manner and recognize the street closure
will cause them problems. A professional marketing study was conducted in 1996 which revealed that 15 percent
of the business came from the immediate area of the proposed street closure.
Dr. Lowell Billings, 84 East "J" Street, Chula Vista, CA, Assistant Superintendent for Business Services for
the Chula Vista Elementary School District, spoke in support of the street closure because it is needed to expand
the school to meet the needs of the students currently bused out of the area.
A.W. Easton, 184 Broadway, Chula Vista, CA, spoke in opposition to the street closure because of the difficulty
with vehicles exiting the trailer park.
Jennifer Johnson, 621 liD" Street #110, Chula Vista, CA, spoke in opposition to the street closure.
Tim Hinckle, 143 Madison, Chula Vista, CA, spoke in opposition to the street closure and suggested a walk
bridge be constructed over the street.
Dan Irwin (address not given), developer of the property at Flower Street and Madison, spoke in support of the
street closure.
David Basilli, 110-A Jefferson Avenue, Chula Vista, CA, spoke in opposition to the street closure because of
the restricted access to emergency vehicles.
Carolyn Mason, 100 Woodlawn Avenue #36, Chula Vista, CA, spoke in support of the street closure because
of safety issues for the children and future growth at the school.
There being no further speakers, the public hearing was declared closed.
Mr. Swanson noted that a standard condition of our vacations was missing from the resolution, and he requested
that the vacation be made subject to retention of easements and rights for all existing utilities.
Councilmember Moot shared the concern of access and safety for the senior citizens at the mobilehome park and
asked if the City Council retained any land use authority to approve the nature of the walkway to ensure it is a
viable access route and require improvements be made by the School District.
Mr. Swanson replied that the condition could be modified to clarify the City Council wishes to review the plans
before construction.
Councilmember Moot referred to page 15-5 of the staff report and asked for clarification on the interim costs for
the improvements. He asked if money would be set aside to make needed improvements in the interim.
Mr. Swanson stated the language on page 15-5 was written because of the possibility those improvements will not
adequately provide the level of service needed at "E" Street and Broadway. Staff believes the mitigation measures
currently laid out will work; however, there is the possibility it may not. If it does not work, Council could further
condition the School District to agree to fund those costs. If Council chose not to add that condition, in the future
when the problem became apparent and the interim solutions do not solve the problem, the City will have to
research a project for that. It would probably require acquisition and widening of the right of way and could be
a maj or expense.
Councilmember Salas felt the staff report had incomplete information from the School District in terms of their plans
for the project and an explanation why a walk bridge was not feasible.
Dr. Billings indicated the School District looked at the concept of a bridge, but the primary concern was access for
the handicapped, and the walk bridge would be extremely steep or require a long graded ramp to meet ADA Code.
The School Board has already authorized the purchase of the property with a condition that Jefferson Street is
closed.
/v~ J- /7
Councilmember Rindone pointed out that Feaster Elementary School is one of the smallest school sites in the
District, the school is impacted, and the District is under the pressure to provide adequate facilities for class size
reduction. He indicated support of the acquisition of the property to the School District in order to address those
educational needs; however, he thinks the concerns and interests expressed by the residents are equally legitimate.
He believes the fenced walkway may not be the best alternative because it exceeds 200 feet and adds the potential
for crime and conditions that are not conducive to residents who access it. He suggested finding a resolution on
how to help the School District address their issues and to be just as proactive with the community in finding a
resolution for the pedestrian issue. He asked if there was an alternative pedestrian walkway that could be made on
Jefferson Avenue after hours.
Mr. Swanson replied there was discussion to keep Jefferson Avenue open for pedestrian traffic, but School District
representatives felt it was not a viable option to their building plans.
Dr. Billings explained that the campus is operated as a community area and is open after hours with children and
community members constantly playing on the school grounds. The vacation of the street would not impact their
interest in keeping the campus open after hours. He suggested leaving the gates open after school hours so
pedestrians could pass through the school and use it as a park or open space area. There would be two access points
and if the walkway was of great concern, the pedestrian would have the option to pass through the school
playground.
RESOLUTION 18544 OFFERED BY COUNCILMEKBER RINDONE, reading of the text was waived, title
read, passed, and approved unanimoUSly, and amended as follows: To include the conditions that (1) should
the site be partially or fully sold, the City will be compensated for the square footage of the dedicated land
that is currently under the ownership of the City, (2) after school hours that access by the public for
pedestrian walkways, in addition to the dedicated walkway along the west side of school, be maintained so
there will be alternatives available to the pedestrians, (3) the City be required to approve drainage issues
related to the walkway on the west side to ensure there will be ways of crossing for the pedestrians from
Flower Street to "E" Street and not going through the flood plain; (4) retain the easements and rights for all
existing utilities, and (5) the design of the walkway is subject to Council approval. (01/07/97)
***Meeting recessed at 5:42 p.m. and reconvened at 5:55 p.m.***
lv, /~/~
/
_/
August 21, 1997
TO: The Honorable Mayor and city counc~
FROM: John D. Goss, city ManagerJL:t '1Y --"
/
SUBJECT: city council Meeting of August 26, 1997
This will transmit the agenda and related materials for
city Council meeting of Tuesday, August 26, 1997.
regarding the written communications are as follows:
the regular
Comments
5a. This is a letter from the city Attorney stating that to the
best of his knowledge from observance of actions taken in
Closed Session on 8/19/97 in which the city Attorney
participated, there were no reportable actions required under
the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
JDG:mab