HomeMy WebLinkAboutAgenda Packet 1996/11/26
Tuesday, November 26, 1996
6:00 p.m.
UI declare "m~':e"- ~ena'ty of perjury that f aM
em)lo a 1,) t"~.e i~' of Chu: ,1 Vsta fn the
011ie8 (:1";;',,9 Ii;):" ;-;n~' t ::'l~ i, [JQsted
t::'lis ,l\.;:;eeH'li<liHo'd -~~:r-1 ~!';'e [;,;J!le':.:,n Beard at
the PU')'i:0~:!;e. i3f~,1t\in" and at City Hall on Council Cbambers
DATED_.//'.!!I /" SIGNED V ~ ,>Public Services Building
Regular Meeting of the City of Chula Vista Citv Council
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Alevy _, Moot _' Padilla _, Rindone _, and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3.
APPROVAL OF MINUTES:
October 29, 1996 (Special Meeting of the City Council) and November
12, 1996 (City Council Meeting)
4. SPECIAL ORDERS OF THE DAY:
a. Certificates will be presented to the Chula Vista American Little League All-Star Team, winners
of the California District 42 and California Section 8 Championships, by Mayor Horton.
b. "Proclaiming the week of December 7 through December 13, 1996 as Pearl Harbor Survivors
Week in tbe City." The proclamation will be presented by Mayor Horton.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be avaikIble in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 11)
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 Form" avaUable in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after 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 Acting City Attorney stating that to the best of her knowledge from
observance of actions taken in the Closed Session of 11/19/96, Council directed the City
Attorney to report on the status of alleged violations of the campaign ordinance. It is
recommended that the letter be received and filed.
Agenda
-2-
November 26, 1996
6. ORDINANCE 2692 AMENDING SECTION 9.12.160 OF THE MUNICIPAL CODE
RELATING TO BINGO LICENSE TAXES {second read;"" and adoDtionl-
Assembly Bill 2770, which is effective 1/1/97, prohibits cities from taxing the
gross receipts of bingo games. The Municipal Code currently imposes a tax of
one percent On monthly bingo receipts in excess of $5,000, as authorized by
State law. As of January I, cities will no longer be authorized to charge this
tax. In its place AB 2770 authorizes cities to charge a $50 annual bingo license
renewal fee. Staff recommends Council place the ordinance on second reading
and adoption. (Director of Finance)
7. ORDINANCE 2691 AMENDING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT BETWEEN OTAY RANCH, L.P., A CALIFORNIA
LIMITED PARTNERSHIP, VILLAGE DEVELOPMENT ,A CALIFORNIA
GENERAL PARTNERSHIP, AND THE CITY OF CHULA VISTA (second
readinl! and adoDtionl - An amendment to the development agreement to
further guarantee infrastructure improvements where the developer wants to
create parcels for sale prior to finalizing the fmal subdivision map. The
amendment also addresses future problems with regard to any debt payment that
might be levied to make public improvements or should development be only
partially completed on any particular project due to any stoppage of work
especially due to a bankruptcy action. Staff recommends Council place the
ordinance 00 second reading and adoption. (Deputy City Manager, Planning
Director, and Otay Ranch Manager)
8. RESOLUTION 18504 APPROVING AN AGREEMENT FOR CDBG FUNDING IN THE
AMOUNT OF $18,000 WITH THE BOYS AND GIRLS CLUB OF CHULA
VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT - On 6/4/96, Council approved CDBG funds in the amount of
$2,103,000 for various public service, community development, and capital
improvement programs for fiscal year 1996/97 which inclnded funding $18,000
for the Boys and Girls Club of Chula Vista to rehabilitate the gynmasium floor.
The U.S. Housing and Urban Development Department request a written
agreement between the City and each subrecipient of CDBG funds. Staff
recommends approval of the resolution. (Director of Community Development)
9. RESOLUTION 18505 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
PURCHASE OF AN AERIAL LIFT, BID NUMBER 1-96/97, TO ALTEC
INDUSTRIES - The fiscal year 1996/97 equipment replacement budget provides
for the purchase of one replacement aerial lift for the Traffic Signal section of
Public Works. On 11/5/96, bids were accepted and Altec Indnstries was the
lowest responsible bidder with a cost of $58,031 (plus tax) with no exceptions
to specifications requested. Staff recommends approval of the resolution.
(Director of Public Works)
10. RESOLUTION 18506 REJECTING BIDS FOR "LOMA VERDE PARK IMPROVEMENTS (PR-
183B), EUCALYPTUS PARK PLAY EQUIPMENT (PR-I46C) AND
GAYLE L. MCCANDLlSS MEMORIAL/HALE CREST PARK
IMPROVEMENT (PR-178B)" - On 10/2/96, bids were received. Staff
recommends Council approve the resolution rejecting the bids and direct the
Director of Parks and Recreation to re-advertise the work with a reduced scope
such that the projects can be built within the funds budgeted. (Director of
Public Works and Director of Parks and Recreation)
Agenda
-3-
November 26, 1996
II. RESOLUTION 18507 AUTHORIZING THE ACCEPTANCE OF A TECHNICAL ASSISTANCE
GRANT FROM THE CALIFORNIA HEALTHY CITIES PROJECT
FISCAL YEAR 1996/97; AND APPROPRIATING $7,500 IN THE GRANT
FUND (290-2901) AND APPROVING THE EXPENDITURE OF SAID
CITY FUNDING FOR IMPLEMENTATION OF THE CITY'S
COMMUNITY-SCHOOL-BASEDANDAFTER_SCHOOLPLA YGROUND
PROGRAM'S GARDENS - On 9/17/96, Council approved a proposal in which
the City would apply for a third-year technical assistance grant from the
California Healthy Cities Project, fiscal year 1996/97. Accompanying the
application was a grant request of $7 ,500 to the California Healthy Cities Project
to help implement the project: establish a community-school-based garden
project and after-school playground garden activities and curriculums. Staff
recommends approval of the resolutions. (Director of Parks and Recreation)
4/5th's vote required.
* * * END OF CONSENT CALENDAR * * *
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 jill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
None submitted.
ORAL COMMUNICATIONS
This is an opportunity for the general public to tuldress 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 Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak 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 tuldress for record purposes and follow up action. Your time is limited to three
minutes per speaker.
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.
Agenda
-4-
November 26, 1996
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 wiU be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
12. RESOLUTION 18508 APPROVING AN AMENDMENT TO THE ADVANCED LIFE SUPPORT
(PARAMEDIC) SERVICE CONTRACT WITH HARTSON MEDICAL
SERVICES IN ACCORDANCE WITH THE TERMS SET FORTH IN THE
STAFF REPORT AND DIRECTING THE CITY ATTORNEY TO
PREPARE THE AMENDMENT IN ACCORDANCE WITH SAID TERMS
AND DIRECTING STAFF TO EVALUATE THE POTENTIAL EFFECTS
OF THE CITY OF SAN DIEGO'S RESTRUCTURED ADVANCED LIFE
SUPPORT SYSTEM ON THE CHULA VISTA OPERATING AREA _
Pursuant to Council action in 1993, staff had intended to competitively bid the
Advanced Life Support (Paramedic) exclusive contract which expires in April
of 1997. Recent events involving a major system redesign of "managed care"
Advanced Life Support (ALS) transportation in the City of San Diego now
suggests that it may be prudent to extend the current agreement with Hartson
Medical Services for sufficient time to evaluate how San Diego's restructured
ALS system will affect Chula Vista. Staff recommends approval of the
resolution. (Fire Chief)
13. REPORT STATUS OF ALLEGED VIOLATIONS OF CAMPAIGN ORDINANCE -On
11/19/96, Council directed the City Attorney's office to discuss alleged
campaign ordinance violations of Chapter 2.52 of the Municipal Code. The City
Attorney will be presenting an oral report. (City Attorney)
14. REPORT REVIEW OF COMPLIANCE BY CHULA VISTA BAY CLUB LTD.
WITH CARDROOM REGULATIONS, MUNICIPAL CODE CHAPTER
5.20; RATIFICATION OF PROPOSED SETTLEMENT AGREEMENT
FINE AND APPROVAL OF TRANSFERS OF INTERESTS IN THE
CARDROOM LICENSE - The Chula Vista Bay Club Limited Partnership
obtained Council approval on 7/17/90 to operate two separate, but consolidated,
cardroom licenses. To date these licenses have not been ntilized in that no
cardroom has been in operation under these licenses. During this time, there
obviously has been no violation in the operation of the cardrooms; however,
there has been a violation of the resolution approving the cardroom licenses as
well as the City's Municipal Code. These violations involve changing
ownership of the licenses. While there were no new names added to the
licenses, one name was deleted and the proportionate share of the other owner's
ownership was increased. Staff recommends approval of the resolution. (City
Manager)
RESOLUTION 18509 RATIFYING THE SETTLEMENT AGREEMENT FINING THE CHULA
VISTA BAY CLUB LIMITED PARTNERSHIP $40,000; AND
APPROVING TRANSFERS OF INTERESTS IN THE CARDROOM
LICENSE
Agenda
-5-
November 26, 1996
15. RESOLUTION 18455 APPROVING TERMS AND CONDITIONS FOR THE SALE OF MARINA
VIEW PARK TO THE UNIFIED PORT DISTRICT AND AUTHORIZING
STAFF TO PREPARE AND EXECUTE A PURCHASE AND SALES
AGREEMENT AND ESCROW INSTRUCTIONS - The City has requested
that the Unified Port District acquire certain City and Redevelopment Agency
properties on the Bayfront, including Marina View Park on Marina Parkway and
three properties on Lagoon Drive (the former Marina Motor Hotel, Shangri-La
and Cappos properties). City staff has been negotiating the sale of these
properties which have been delayed for a variety of reasons including legal
incumbrance and contaminated soils which are now close to resolution. Staff
bas recently received amended terms of sale for the Marina View Park property
which are acceptable and are being forwarded to Council for review and
authorization to proceed. Staff recommends approval of the resolution.
(Director of Community Development) Continued from the meeting of
11/12/96.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council wiu discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public wiu be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
16. CITY MANAGER'S REPORTlSI
a. Scheduling of meetings.
· Council Goal Selling Workshop.
17. MAYOR'S REPORTrSI
a. Conceptual adoption of UCCV Task Force recommendation to pursue Environmental Science
Institute and giving direction to staff to work with appropriate agencies.
18. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on December 10,
1996 at 6:00 p.m. in the City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City
Council Meeting.
~I declare ",m!ar penalty 0'/ perjury that I am
employed by the Ci;y of Gh!J:o Vista in the
Office of the City Cler~,,; 2nd tha~ I posted
this Agenda/NoHce on Ull:~ CUn3Un Board at
Tuesday, November 26, 1996 the Public Services BUildi~;: "~.. t City Hal.1 on Council Chambers
6:00p.m. DATED, ';/,K~h? SIGNt.D 1~-pu1\liC Services Building
(immediately following the City Council Meeting) .
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Unless the City Attorney, the City Manoger or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted 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 terminoted 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:
1. Existing litigation pursuant to Government Code Section 54956.9
· Christopher v, the City of Chula Vista.
2. Anticipated litigation pursuant to Government Code Section 54956.9
· Metro sewer issues.
· Claim of Alfred B. Salganick, M.D. v. the City of Chula Vista.
PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
November 20, 1996
MEMO TO:
Carla Griffin, City Clerk's Office
Patricia salvaci6PMaYOr/council office
FROM:
SUBJECT: SPECIAL ORDERS OF THE DAY - NOVEMBER 26, 1996
Please docket - "Certificates to be presented to the Chula Vista American Little League
All-Star Team (winners of the California District 42 and California Section 8
Championships). "
Thank you.
"I (J.,' /
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~~~~
......-;::~~~
~- --~
- --- -
CllY Of
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
November 20, 1996
To:
From:
The Honorable Mayor and City Council ~l
Ann Y. Moore, Acting City Attorney ~
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 11/19/96
The City Council met in Closed Session pursuant to Government Code
Section 54956.9 regarding the claim of Alfred B. Salganick, M.D.
The Acting City Attorney hereby reports to the best of her
knowledge from observance of actions taken in the Closed Session of
November 19, 1996, that Council directed the City Attorney to
report on the status of alleged violations of the campaign
ordinance.
AYM: Igk
C:\lt\clossess.no
5.,/
276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
:.i;;'I'osl~f<<)do:lP~
ORDINANCE ~~1;( O~
00\'1
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDIN~~~E~ION
9.12.160 OF THE CHULA VISTA MUNICIPAL CODE,<~~~~TING TO
~ '1'.\\.....
BINGO LICENSE TAXES ,~\- "v
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SECTION I: That section 9.12.160 of the Chula Vista
Municipal Code is hereby amended to read as follows:
9.12.160 Bingo-Term of license and fees.
A. The term of a bingo license is one year and may be renewed for
a period of one year upon payment of the Reauired Feers) and
application therefor.
B. For a new license application or for each change in the bingo
chairpersons who will manage the bingo game, there shall be a
fee for investigation and for processing the applicant's
fingerprints. The Required Fee(s) shall accompany the
submission of each application. In the event an application
is denied, fifty percent of the investigation fee shall be
refunded.
C. I. tal[, not to clcceed enc percent of the monthly gross receipts
over five thousand dollars derivcd from bingo games shall be
collected monthly sy the city.
SECTION II:
Pursuant to the provisions of Charter Section
312(d) (3), this ordinance shall take effect and be in full force
immediately upon the second reading and adoption hereof, which
occurred upon the passage hereof by at least three affirmative
votes, because it fixes the rate of taxation for bingo license
taxes.
Presented by
Approved as to form by
Robert W. Powell
Director of Finance
An~o~t~~
Acting City Attorney
C:\or\bingo.tax
v/(;:-J
In the event an
shall be refund
RESOLUTION NO. /;rt/ '1 fS'
RESOLUTION OF THE CITY COUNCIL OF THE CITY
CHULA VISTA AMENDING THE MASTER FEE SCHED LE
TO INCREASE THE ANNUAL FEE FOR BINGO LIC NSE
ENEWAL FROM $10 TO $50
WHE AS, Assembly Bill 2770, which
January 1, 1997, prohibits cities from taxing t
bingo games whic are conducted by non-profit
ecomes effective
gross receipts of
rganizations; and
-
WHEREAS, the Chula vista Municipal
a tax of one percen on non-profit organiza
as authorized by sta e law; and
ode currently imposes
ions' bingo receipts,
WHEREAS, as
authorized to charge t
January 1,
tax; and
will no longer be
WHEREAS, in i s place,
charge a $50 annual bingo license
2770 authorizes cities to
wal fee.
NOW, THEREFORE,
City of Chula vista does he
follows:
RE LVED the City Council of the
a end the Master Fee Schedule as
Chapter IV
Business
B. SPECIFIC BUSINESS.
3. Bingo License
and Renewal.
New Chairperson Inv
fingerprint process
: $50 plus required fee for
New Co-chairpers
for fingerprint
Investigation
rocessing.
required fee
Annual renewal of
y percent of the fee
Presented by
r~
~
ORDINANCE NO. 2691
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT BETWEEN OTAY RANCH, L.P., A,...
CALIFORNIA LIMITED PARTNERSHIP, VILLAG~'"":)
DEVELOPMENT, A CALIFORNIA GENERAL PARTNER~,
AND THE CITY OF CHULA VISTA ,",:"J-
r., ~."
(,.,t'...:.,\,,:
WHEREAS, on June 25, 1996, the ~tY Council approved a
Pre-Annexation Agreement between the City of Chula vista and Otay
Ranch, L.P., a California partnership, et al pursuant to Ordinance
No. 2679; and
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WHEREAS, on June 25, 1996, the Planning commission and
City Council met jointly and approved a development agreement for
the above parties; and
WHEREAS, there is now a mutual desire by the City and
Village Development and otay Ranch L.P. to amend the agreement to
further guarantee infrastructure improvements where the developer
wants to create parcels for sale prior to finalizing the typical
final subdivision map; and
WHEREAS, in addition, on August 20, 1996, the Council
requested and Otay Ranch, L. P. and village Development agreed that
the agreement'could be revised to address any potential problems
with regard to any debt payment that might be levied to make public
improvements or should development be only partially completed on
any particular project. "
.; ..,-
NOW, THEREFORE, the city Council of the city of Chula
vista ordains as follows:
SECTION I: The Otay Ranch Pre-Annexation Development
Agreement between Otay Ranch, L.P., a California limited
partnership, Village Development, a California general partnership,
and the City of Chula vista is hereby amended as set forth in the
Amended, Agreement on file in the office of the City Clerk as
Document No.
."SECTION II: The Mayor of the City of Chula vista is
hereby authorized and directed to execute said Amended Agreement
for and on behalf of the city of Chula vista.
SECTION III: This ordinance shall take effect and be in
full force on the effective date of annexation as set forth in the
attached Pre-Annexation Development Agreement as amended.
SECTION IV: The previously approved Pre-Annexation
Development Agreement only between Otay Ranch L. P. and Village
Development and the city adopted by the city Council by Ordinance
No. 2679 shall be null and void with respect to these parties upon
adoption of this ordinance.
George Krempl, Deputy city
Manager
~
Approved as to form by
~ '/\i'\ "Ci.,{'"" n
Ann Y. Moore, Acting
C} ~y _~~~r:;y 7 - /
Presented by
)~7
~~/1
:..:-:---
PRE-ANNEXATION DEVELOPMENT AGREEMENT
THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT ("Agreement") is
made effective on the date hereinafter set forth below by and among
THE OTAY RANCH, L.P., a California limited partnership, VILLAGE
DEVELOPMENT, a California general partnership ("Developer") and THE
CITY OF CHULA VISTA, a municipal corporation, who agree as follows:
1. RECITALS.
following facts:
This Agreement is made with respect to the
1.1 Owner. The owners of the properties subj ect to this
Agreement (hereinafter collectively referred to as "Owner" or as
"Developer") are as follows:
1.1.1 Otay Ranch, L.P. is the owner of approxi-
mately 3,545 acres of undeveloped real property in the
unincorporated area of the County of San Diego ("County"),
described in Exhibits "A" and "F", attached hereto and
incorporated herein by this reference.
1.1.2 village Development is the owner of
approximately 35 acres of undeveloped real property in the
unincorporated area of the County, described in Exhibits "B"
and "F", attached hereto and incorporated herein by this
reference.
1.2 ci tv. The city of Chula vista is a municipal
corporation and an incorporated city within the County.
1.3 Code Authorization and Acknowledoments.
1. 3 . 1 ci ty
Government Code sections
development agreements
certainty for both City
development process.
is authorized pursuant to California
65864 through 65869.5 to enter into
for the purpose of establishing
and owners of real property in the
1.3.2 Government Code section 65865 expressly
authorizes a city to enter into a development agreement with
any person having a legal or equitable interest in real
property in unincorporated territory within that city's sphere
of influence for the development of property as provided in
the Development Agreement Law; provided that the agreement
shall not become operative unless annexation proceedings
annexing the property to the city are completed within the
time specified by the agreement.
1.3.3 City enters into this Agreement pursuant
to the provisions of the California Government Code, its home-
rule powers, and applicable city ordinances, rules, regula-
tions and policies.
7-.2.} 7- 'f
1.3. 4 City and Owner acknowledge:
Owner acknowledge this Agreement will provide:
ci ty and
1.3.4.1 certainty in the planning process so
that the property can be developed efficiently. This
will avoid unnecessary waste of resources and increases
in housing and other development costs. TheAgreement
will allow comprehensive planning of a large property so
as to make maximum efficient utilization of resources at
the least economic cost to the public;
1.3.4.2 To provide and assure to the City the
participation of Developer in the accelerated, coordinat-
ed and more economic construction, funding and dedication
to the public of certain needed public facilities and
benefits, and to provide for anticipated levels of
service to residents and populations of the property, the
city, and adjacent areas;
1.3.4.3 To provide and assure that the City
receive sales tax revenues, increase in the property tax
base, residential housing and other development, sewer,
water and street facilities;
1.3.4.4 To provide and assure that the City
receives public facilities in excess of project generated
impacts and such facilities shall be of supplemental
size, number capacity or length, which shall be provide
earlier than could be provided either by funds from the
city or than would strictly be necessary to mitigate
project related impacts at any development phase;
1.3.4.5 To provide Developer assurances
regarding the entitlements and regulations that will be
applicable to the development of the property consistent
with the Chula vista General Plan and the Otay Ranch
General Development Plan/Subregional Plan;
1.3.4.6 To provide the City the opportunity
to secure immediate annexation of the lands depicted in
Attachment "C" and secure a related tax revenue sharing
agreement with the County of San Diego to assure that
development of the properties will generate sufficient
tax revenues to offset the costs of providing services to
the properties;
1.3.4.7 To enable the City to secure title to
the land with the boundaries of the property necessary to
complete the Chula vista greenbelt system as defined in
the Chula vista General Plan;
1. 3 . 4 . 8 To enable the city to advance its
stated goal to identify and secure a site for a potential
four year university;
-2-
7-->
1.3.4.9 To assure the City that the Developer
will dedicate right-of-way for SR-125, a route which when
constructed will substantially alleviate congestion on I-
805 and 1-5, and also will facilitate the economic
development of Chula Vista; and
1.3.4.10 To enable the city to prepare and
adopt a Habitat Conservation Plan consistent with the
requirements of the Natural Communities conservation Act,
including the phased conveyance of open space land to the
otay Ranch Preserve.
1.4 The Annexation. On July 1, 1996, the Local Agency
Formation commission ("LAFCO") approved annexation of Sphere of
Influence Planning Area 1 "The otay Parcel", Planning Area 2
"Inverted L" and the Mary Patrick Estate Parcel (see Attachment
"C") .
1.5 Sphere of Influence. On February 5, 1996 and July
1, 1996 the Local Agency Formation Commission approved the
inclusion of Planning Area 1, "The Otay Parcel", into the city
Sphere of Influence (Sphere of Influence Planning Area 1 "The Otay
Parcel", Planning Area 2 "Inverted L" and the Mary Patrick Estate
Parcel - see Attachment "C").
1.6 Planninq Documents. On October 28, 1993, city and
County adopted the otay Ranch General Development Plan/Subregional
Plan ("the GDP") which includes the Otay Ranch Village Phasing
Plan, Facility Implementation Plan, Resource Management Plan and
Service Revenue Plan, for approximately 23,000 acres of the Otay
Ranch, including the Otay Valley Parcel and the SNMB, Jewels and
Foundation Properties. The city amended the GDP on June 4, 1996.
1.6.1 SPA One Plan. On June 4, 1996, the Chula
vista City Council approved the Otay Ranch sectional Planning
Area (SPA) One Plan including the Planned Community District
Regulations, Overall Design Plan, Village Design Plan, Public
Facilities Plan, Parks, Recreation, Open Space and Trails
Plan, Regional Facilities Report, Phase 2 Resource Management
Plan, Non-renewable Energy Conservation Plan, Ranch-wide
Affordable Housing Plan, SPA One Affordable Housing Plan, and
Geotechnical Report.
1.7 Owner Consent . city desires to have the cooperation
and consent of Owner to include the Property in the Annexation in
order to better plan, finance, construct and maintain the infra-
structure for the Otay Valley Parcel; and the otay Ranch L.P., a
California limited partnership, and Village Development, a Califor-
nia general partnership desire to give their cooperation and
consent, provided that they obtain certain assurances, as set forth
in this Agreement.
1.8 citv Ordinance. July 9, 1996 is the date of
adoption by the city Council of Ordinance No. 2679 approving this
-3-
/-?
Agreement. The ordinance shall take effect and be in full force on
the effective date of Annexation.
2. Definitions.
otherwise requires:
In this Agreement, unless the context
2.1 "Annexation" means the proposed annexation of that
portion of the otay Ranch into the City as depicted on Exhibit "D".
2.2 "city" means the city of Chula vista, in the County
of San Diego, State of California.
2.3 "County" means the county of San Diego, State of
California.
2.4 "Development Plan" means the GDP.
2.5 "GDP" means the General Development Plan/ subregional
Plan for the otay Ranch, described in Paragraph 1.6, above.
2.6 "Owner" or "Developer" means the person, persons, or
entity having a legal and equitable interest in the Property, or
parts thereof, and includes Owner's successors-in-interest.
2.7 "project" means the physical development of the
private and public improvements on the Property as provided for in
the Existing Project Approvals and as may be authorized by the City
in Future Discretionary Approvals.
2.8 "Property" means the real property described in
Paragraphs 1.1.1, 1.1.2, and 1.1.3.
2.9 The "Term" of this Agreement means the period
defined in Paragraph 3, below.
2.10 "Builder" means developer to whom Developer has sold
or conveyed property within the Property for purposes of its
improvement for residential, commercial, industrial or other use.
2.11 "CEQA" means the California Environmental Quality
Act, California Public Resources Code section 21000, et seq.
2.12 "city Council" means the city of Chula vista city
Council.
2.13 "Commit" or "committed" means all of the following
requirements have been met with respect to any public facility:
2.13.1 For a public facility within the City's
jurisdictional boundaries and a responsibility of the develop-
er.
2.13 .1.1 All discretionary permits required of
the Developer have been obtained for construction of the
public facility;
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2.13.1.2 Plans for the construction of the
public facility have all the necessary governmental
approvals; and
2.13.1.3 Adequate funds (i.e., letters of
credit, cash deposits, performance bonds or land secured
public financing, including facility benefit assessments,
Mello-Roos assessment districts of similar assessment
mechanism) are available such that the City can construct
the public facility if construction has not commenced
within thirty (3D) days of issuance of a notice to
proceed by the Director of Public Works, or construction
is not progressing towards completion in a reasonable
manner as reasonably deemed by the Director of Public
Works.
2.13.2 For a public facility within the City'S
jurisdictional boundaries, but to be provided by other than
Developer.
2.13.2.1 Developer's proportionate share of
the cost of such public facility as defined in the
existing Project Approvals and Future Discretionary
Approvals has been provided or assured by Developer
through the payment or impositions of development impact
fee or other similar exaction mechanism.
2.13.3 For public facility not within city's
jurisdictional boundaries:
the cost
existing
Approvals
Developer
of Public
2.13.3.1 Developer's proportionate share of
of such public facility as defined in the
Project Approvals and Future Discretionary
has been provided for or otherwise assured by
to the reasonable satisfaction of the Director
Works.
2.14 "Development Impact Fee (DIF)" means fees imposed
upon new development pursuant to the City of Chula vista
Development Impact Fee Program, for example, including but not
limited to the Transportation Development Impact Fee Program, the
Interim SR-125 Development Impact Fee Program, the Salt Creek Sewer
DIF and the Public Facilities DIF.
2.15 "Existing Project Approvals" means all discretionary
approvals affecting the Project which have been approved or
established in conjunction with, or preceding, the effective date
consisting of, but not limited to the GDP, the Chula vista General
Plan, the Otay Ranch Reserve Fund Program adopted pursuant to
Resolution 18288, the SPA One Plan and the Phase II Resource
Management. Plan (RMP), as may be amended from time to time
consistent with this agreement.
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2.16 "Final Map(s)" means any final subdivision map for
all or any portion of the Property other than the Superblock Final
Map ("A" Maps).
2.17 "Future Discretionary Approvals" means all permits
and approvals by the City granted after the effective date and
excluding existing project Approvals, including, but not limited
to: (i) grading permits; (ii) site plan reviews; (iii) design
guidelines and reviews; (iv) precise plan reviews; (v) subdivisions
of the Property or re-subdivisions of the Property previously
subdivided pursuant to the Subdivision Map Act; (vi) conditional
use permits; (vii) variances; (viii) encroachment permits;
(ix) sectional Planning Area plans; (x) all other reviews, permits,
and approvals of any type which may be required from time to time
to authorize public or private on- or off-site facilities which are
a part of the Project.
2.18 "planning commission" means the Planning commission
of the city of Chula vista.
2.19 "Preserve Conveyance Plan" means a plan that sets
forth policies and identifies land to be transferred and/or fees to
be paid to insure the orderly conveyance of the Otay Ranch land to
the Preserve Owner Manager. The purpose of the plan is to fulfill
the obligations to convey resource sensitive land, per the criteria
contained in the phase I and II Resource Management Plans and to
mitigate environmental impacts of the otay Ranch Project.
2.20 "Public Facility"
public facilities described
Implementation Plan.
or "Public Facilities" means those
in the otay Ranch Facility
2.20.1 "SPA One Plan" means The Otay Ranch
sectional Planning Area (SPA) One Plan approved by the city of
Chula vista on June 4, 1996, including the Planned Community
District Regulations, Overall Design Plan, village Design
Plan, Public Facilities Finance Plan, Parks, Recreation, Open
Space and Trails Plan, Regional Facilities Report, Phase 2
Resource Management Plan, Non-renewable Energy Conservation
Plan, Ranch-wide Affordable Housing Plan, SPA One Affordable
Housing Plan, and Geotechnical Report.
2.21 "Subdivision Map Act" means the
Subdivision Map Act, Government Code section 66410,
its amendments as may from time to time be adopted.
California
et seq., and
2.22 "Substantial Compliance" means that the party
charged with the performance of a covenant herein has sufficiently
followed the terms of this Agreement so as to carry out the intent
of the parties in entering into this Agreement.
2.23 "Threshold" means the facility thresholds set forth
in the city's Municipal Code section 19.19.040.
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3. Term. This Agreement shall become effective as a
development agreement upon the effective date of the Annexation
("the Effective Date"); provided, however, that if the Annexation
does not occur on or before January 1, 1997, this Agreement shall
be null and void. Any of the foregoing to the contrary notwith-
standing, from the date of first reading of the ordinance approving
this Agreement, and unless or until this Agreement becomes null and
void, Owner shall be bound by the terms of Paragraph 4. The Term
of this Agreement for purposes other than Paragraph 4 shall begin
upon the Effective Date, and shall continue for a period of twenty
(20) years ("the Term").
The term shall also be extended for any period of time during which
issuance of building permits to Developer is suspended for any
reason other than the default of Developer, and for a period of
time equal to the period of time during which any action by the
City or court action limits the processing of future discretionary
approvals, issuance of building permits or any other development of
the property consistent with this Agreement.
4. Owner Consent to Annexation. Owner hereby consents to
and shall cooperate with the applications of city to declare that
the land depicted in Exhibit "C" is within City's sphere of
influence and to annex the land depicted in Exhibit "C" to the
City; provided, however, that Owner may withdraw such consent and
withhold further cooperation if the city, prior to the Effective
Date, adopts rules, regulations, ordinances, policies, conditions,
environmental regulations, phasing controls, exactions, entitle-
ments, assessments or fees applicable to and governing development
of the Property which are inconsistent with, or render impractical
development of the Property according to, the Development Plan.
5. Vested Riqhts. Notwi thstanding any future action or
inaction of the City during the term of this Agreement, whether
such action is by ordinance, resolution or policy of the City,
Owner and Developer shall have a vested right, provided however the
developer is not in default of its obligations under this Agree-
ment, and except as may be otherwise provided in this section 5, to
construct the Project in accordance with:
5.1 Existinq Pro;ect Approvals.
5.2 Development of Propertv. The development of the
Property will be governed by this Agreement and Existing Project
Approvals and such development shall comply and be governed by all
rules, regulations, policies, resolutions, ordinances, and
standards in effect as of the Effective Date subject to the
provisions of section 5.2.1 below. The City shall retain its
discretionary authority as to Future Discretionary Approvals,
provided however, such Future Discretionary Approvals shall be
regulated by the Existing Project Approvals, this Agreement, and
City rules, regulations, standards, ordinances, resolutions and
policies in effect on the Effective Date of this Agreement and
subject to section 5.2.1.
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Notwithstanding the foregoing, the city may make such changes to
the City's Growth Management Ordinance applicable to the Project as
are reasonable and consistent with the purpose and intent of the
existing Growth Management Ordinance and which are generally
applicable to all private projects citywide or east of 1-805 or
within a specific benefit, fee or reimbursement district created
pursuant to the California Government Code.
5.2.1 New or Amended Rules. Requlations.
Policies. Standards. Ordinances and Resolutions. The city may
apply to the project, including Future Discretionary Approv-
als, new or amended rules, laws, regulations, policies,
ordinances, resolutions and standards generally applicable to
all private projects east of 1-805 or within a specific
benefit fee or reimbursement district created pursuant to the
California Government Code. The application of such new
rules, or amended laws, regulations, resolutions, policies,
ordinances and standards will not unreasonably prevent or
unreasonably delay development of the Property to the uses,
densities or intensities of development specified herein or as
authorized by the Existing Project Approvals. The city may
also apply changes in City laws, regulations, ordinances,
standards or policies specifically mandated by changes in
state or federal law in compliance with Section 13.3 herein.
5.2.2 Developer may elect with City's consent,
to have applied to the project any rules, regulations,
policies, ordinances or standards enacted after the date of
this Agreement. Such an election has to be made in a manner
consistent with Section 5.2 of this Agreement.
5.2.3 Modifications to Existinq ProiectApprov-
also It is contemplated by the parties to this Agreement that
the city and Developer may mutually seek and agree to modifi-
cations to the Existing Project Approvals. Such modifications
are contemplated as within the scope of this Agreement, and
shall, upon written acceptance by all parties, constitute for
all purposes an Existing Project Approval. The parties agree
that any such modifications may not constitute an amendment to
this Agreement nor require an amendment to the Agreement.
5.2.4 Future Discretionarv Approvals. It is
contemplated by the parties to this Agreement that the City
and Developer may agree to Future Discretionary Approvals. The
parties agree that any such Future Approvals may not consti-
tute an amendment to this Agreement nor require an amendment
to the Agreement. Developer agrees to reasonably cooperate
with any amendments to Existing and Future Discretionary
Approvals as may be requested by the City from time to time.
5.3 Dedication and Reservation of Land for Public
Purposes. Except as expressly required by this Agreement or the
Existing Project Approvals and Future Discretionary Approvals
(excepting dedications required within the boundaries of any parcel
created by the subsequent subdivision of the Property as required
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by the Subdivision Map Act), no dedication or reservation of real
property within or outside the Property shall be required by City
or Developer in conjunction with the project. Any dedications and
reservations of land imposed shall be in accordance with section
7.2 and Section 7.8 herein.
5.4 Time for Construction and Completion of Proiect.
Because the California Supreme Court held in Pardee Construction
Companv v. citv of Camarillo (1984) 27 Cal.3d 465, that the failure
of the parties to provide for the timing of development resulted in
a later-adopted initiative restricting the timing of development to
prevail over such parties' Agreement, it is the intention of the
parties to this Agreement to cure that deficiency by specifically
acknowledging that timing and phasing of development is completely
and exclusively governed by the Existing project Approvals,
including the Chula vista Growth Management Ordinance. The purpose
of the Chula vista Growth Management Ordinance is to "control the
timing and location of development by tying the pace of development
to the provision of public facilities and improvements to conform
to the ci ty' s threshold standards." (Municipal Code section
19.09.010A.7) The findings in support of the Growth Management
Ordinance conclude that the ordinance "does not affect the number
of houses which may be built." (Municipal Code section
19.09.010B.3) Therefore, the parties acknowledge that the Chula
vista Growth Management Ordinance completely occupies the topic of
development timing and phasing and expressly precludes the adoption
of housing caps, urban reserves or any other means by which the
rate of development may be controlled or regulated. The City
agrees that the Developer shall be entitled to, apply for and
receive all permits necessary for the development of property,
consistent with the Growth Management Ordinance, Existing Project
Approvals, Future Discretionary Approvals and this Agreement.
5.5 Benefit of vestinq. Nothing in this Agreement will
be construed as limiting or impairing Developer's vested right, if
any, to proceed with the development and use of the Property
pursuant to the Federal and State constitutions, and pursuant to
statutory and decisional law.
5.6 Vestinq of Entitlements. All rights conferred by
this Agreement vest with the Effective Date hereof. The approval
of Future Discretionary approvals shall not be deemed to limit
Developer's rights authorized by this Agreement, and once such
approvals are obtained they shall be vested to the same extent as
the Existing Project Approvals.
6. DEVELOPMENT PROGRAM.
6.1 processinq of Future Discretionarv Approvals. City
will accept and diligently process development applications and
requests for Future Discretionary Approvals, or other entitlements
with respect to the development and use of the Property, provided
said applications and requests are in accordance with this
Agreement. City costs for processing work related to the Project,
including hiring of additional city personnel and/or the retaining
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of professional consultants, will be reimbursed to City by
Developer.
6.2 Lenqth of Validitv of Tentative Subdivision Maps.
Government Code section 66452.6 provides that tentative subdivision
map(s) may remain valid for a length up to the term of a Develop-
ment Agreement. The City agrees that tentative subdivision maps
for the Property shall be for a term of six (6) years and may be
extended by the City Council for a period of time not to exceed a
total of twenty (20) years and in no event beyond the term of this
Agreement.
6.3 Pre-Final Map Development. If Developer desires to
do certain work on the Property after approval of a tentative map
(for example, grading) prior to the recordation of a final map, it
may do so by obtaining a grading and/or other required approvals
from the city which are authorized by the City prior to recordation
of a final map. The permit may be approved or denied by the city
in accordance with the City'S Municipal Code, regulations and
policies and provided Developer is in compliance with this
Agreement and with the terms of all Existing and Future Discretion-
ary Approvals. In addition, the Developer shall be required to
post a bond or other reasonably adequate security required by City
in an amount determined by the City to assure the rehabilitation of
the land if the applicable final map does not record.
6.4 Final Maps.
6.4.1 "A" Maps and "B" Maps. Developer shall
process a master subdivision or parcel map ("A" Map) for each
village showing "Super Block" lots and backbone street
dedications. "Super Block" lots shall be consistent with the
GDP and subsequent sectional Plan Area plans, and shall not
subdivide land into individual single-family lots. All "Super
Blocks" created shall have access to dedicated public streets.
The City shall not require improvement plans in order to
record a final map for any "A" Map lots. Following the
approval by City of any final map for an "A" Map lot and its
recordation, Developer may convey the "Super Block" lot. The
buyer of a "Super Block" lot shall then process final improve-
ment plans and grading plans and a final map ("B" Map) for
each "Super Block" lot which the city shall process if such
documents are in compliance with the city's Municipal Code,
standard policies, and the applicable tentative map. The "B"
Maps shall be in substantial conformance with the related
approved "A" Map. In the instance of the mUlti-family
dwelling unit areas, a separate tentative subdivision map may
be submitted to the city and the "B" Map(s) for these areas
may be submitted to the City after the City Planning
commission approves said tentative subdivision map.
6.4.2 Recordation of Final Subdivision Map in
Name of Builder or Third Partv. Developer may, if it so
elects, convey to a Builder or third party any "super block"
lot(s) shown on the recorded Superblock Final Map. In such
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case, the Builder or third party will (i) process any neces-
sary final improvement and grading plans and a final map for
each such "super block" lot ("B" map), which map city shall
accept and process if such map is in compliance with the
City's Municipal Code, standard policies, the applicable
tentative map, and the provisions of 7.1 of this Agreement if
applicable as subsequent phases in a multi-phase project, (ii)
enter into a subdivision improvement agreement with City with
respect to the subdivision improvements which are required for
such super block lot, (iii) provide security and insurance
satisfactory to City for the completion of the subdivision
improvements, and (iv) agree, in such case, with the City's
consent to comply with the obligations set forth in 7.1.
6.4.3 Recordation of Final Subdivision Map in
Developer's Name: Transfer of. Obliqations Under Subdivision
Improvement Aqreement(s). If Developer so elects, it may
defer the conveyance of any super block lot to a Builder or
third party until after the final map of such super block lot
has been recorded. If Developer elects to proceed in this
manner, it will enter into City's standard subdivision
improvement agreement(s) with city for the improvements
required as a condition to the approval of such map(s). Upon
sale to a Builder or third party, if such Builder or third
party assumes Developer's obligations with the city's consent
under the improvement agreement and provides its own security
and insurance for the completion of the subdivision improve-
ments satisfactory to the City and as approved by the City,
Developer shall be released from liability under the subdivi-
sion improvement agreement(s) and Developer's security shall
be released.
6.4.4 Transfer of Riqhts and Obliqations of
Development. Whenever Developer conveys a portion of the
Property, the rights and obligations of this Agreement shall
transfer in accordance with section 15 herein.
7. DEVELOPER'S OBLIGATIONS.
7.1 Condition to Developer's Obliqations to Dedicate. Fund or
Construct Public Facilities. Developer agrees to develop or
provide the public improvements, facilities, dedications, or
reservations of land and satisfy other exactions conditioning the
development of the Property which are set forth hereinbelow. In
addition to any other obligations the Developer may have,
Developer as its sole and separate responsibility, covenants and
agrees to bond and provide or finance the cost of backbone
facilities as identified on the appropriate Tentative Map and
required by any final map (including "B" Maps). This requirement
may be satisfied through the construction or financing of said
facilities or with the City's approval of any of the following:
the establishment of a reimbursement mechanism, a development
impact fee program, an assessment mechanism, or other equitable
facility financing program within the City's discretion. This
requirement shall be deemed satisfied in the event that the
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Builder(s) of a "B" Map expressly assume the obligations with the
consent of the city to provide said backbone facilities. For
purposes of Tentative Map No. PCS 96-04, Developer shall provide,
prior to the approval of the first final "B" map, adequate security
as determined by the city Engineer for the construction of those
certain backbone facilities set forth in the conditions of approval
for said tentative map. Developer acknowledges that as to any
future tentative maps, Developer may be required by City to provide
such security at various times during the development process
including prior to the first final "A" map in accordance with
city's ordinances, policies or regulations. For purposes of this
section, backbone facilities mean those facilities such as water,
sewer, storm drain and public streets necessary to serve demands
generated for the backbone facility beyond that of any single "B"
map, but are not included within a wider area City development
improvement fee program.
The obligations of the Developer, pursuant to this Agreement, are
conditioned upon: (i) the city not being in default of its
obligations under this agreement; and (ii) the City not unreason-
ably preventing or unreasonably delaying the development of the
property; and (iii) if the Agreement has been suspended in response
to changes in state or federal law or due to said obligations being
suspended pursuant to section 13.2, said obligations of Developer
shall be suspended for the same period of time.
7.2 Dedications and Reservations of Land for PublicPurpos-
~. The policies by which property will be required to be
reserved, dedicated or improved for public purposes are identified
in the Existing Project Approvals. A more precise delineation of
the property to be preserved, dedicated or improved for public
purposes shall occur as part of Future Discretionary Approvals,
consistent with development of property as set forth in section 5.2
herein.
7.2.1 Dedication of Land for SR 125. Developer
agrees to dedicate land for right-of-way purposes and property
owned by the Developer that is reasonably necessary for the
SR-125 configuration that is generally depicted in the SR-125
draft Environmental Impact Report/Statement and as revised in
the Final Environmental Impact Report/statement to respond to
engineering, design, environmental and similar constraints.
The dedications shall be to the city or by an alternate method
acceptable to the city at such time as requested by the city.
city agrees that in the event City shall negotiate with
California Transportation Ventures (CTV) or other toll road
builder any participation or advantages to City that city
shall share such rights with subsequent owner/resident of the
property.
7.2.2 Landfill Nuisance Easements. Developer shall
grant to the County by July 1, 1996 "Landfill Nuisance
Easements" substantially in the form attached as Exhibit E.
The Easement shall cover all land which is within the otay
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Landfill Buffer Area of Villages 2, 3 and Planning Area 18B of
the otay Ranch GDPP as shown on Exhibit E hereto.
In addition, Developer agrees to enter into subordination
agreements, acceptable to the County, with all lienholders
having an interest in the Property to ensure that this
Agreement has a priority position over all other liens. The
subordination agreements shall be delivered to the City prior
to the second reading of the Ordinance approving the Agree-
ment. If there is no second reading of this Agreement, the
City shall return said subordination agreements to the
Developer. If the County Board of Supervisors does not accept
or approve said easements, this Agreement shall be automati-
cally terminated with neither party bearing any liability
hereunder.
7.2.3 Preserve Conveyance Plan. The Developer
shall comply with any existing or yet to be adopted Preserve
Conveyance Plan and convey property as set forth in such Plan.
7.3 Growth Manaqement Ordinance. Developer shall commit the
public facilities and city shall issue building permits as provided
in this section and in accordance with Existing Project Approvals
and Future Discretionary Approvals. The City shall have the right
to withhold the issuance of building permits any time after the
City reasonably determines a Threshold has been exceeded, unless
and until the Developer has mitigated the deficiency in accordance
with the city's Growth Management Ordinance.
Developer agrees that building permits may be withheld where the
public facilities described in the Existing Project Approvals/
Future Discretionary Approvals required for a particular Threshold
have not been committed.
In the event a Threshold is not met and future building permit
issuance may be withheld, the notice provisions and procedures
contained in Section 19.09. 100C of the Municipal Code will be
followed. In the event the issuance of building permits is
suspended pursuant to the provisions herein, such suspension shall
not constitute a breach of the terms of this Agreement by Develop-
er. Furthermore, any such suspension which is not caused by the
actions or omissions of the Developer, shall toll the term of this
Agreement as provided for in section 16.12 of this Agreement, and
suspend the Developer's obligations pursuant to this Agreement.
7.3.1 Required Condemnation. The City and Developer
recognize that certain portions of the Resource Preserve and
of the public facilities identified in the Existing Project
Approvals/Future Discretionary Approvals and required to
comply with a threshold are located on properties which
neither the Developer nor the City has, or will have, title to
or control of. The City shall identify such property or
properties and at the time of filing of the final map commence
timely negotiations or, where the property is wi thin the
City's jurisdiction, commence timely proceedings pursuant to
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Title 7 (commencing with S 1230.010) of Part 3 of the Code of
civil Procedure to acquire an interest in the property or
properties. Developer's share of the cost involved in any
such acquisition shall be based on its proportionate share of
the public facility as defined in the Existing Project
Approvals/Future Discretionary Approvals. Notwithstanding the
foregoing, nothing in this Agreement shall be deemed to
preclude the City from requiring the Developer to pay the cost
of acquiring such off-site land. For that portion of the cost
beyond the Developer's fair share responsibility, the City
shall take all reasonable steps to establish a procedure
whereby the developer is reimbursed for such costs beyond its
fair share.
7.3.2 Information Reqardinq Thresholds. Upon
Developer's written requests of the city Manager, the city
will provide Developer with information regarding the current
status of a Threshold. Developer shall be responsible for any
staff costs incurred in providing said written response.
7.4 Improvements Required bv a Tentative Subdivi-
sion Map. As may be required pursuant to the terms of a tentative
subdivision map approval, it shall be the responsibility of
Developer to construct the improvements required by the subdivision
map. Where Developer is required to construct a public improvement
which has been identified as the responsibility of another party or
to provide public improvements of supplemental size, capacity,
number or length benefiting property not within the tentative
subdivision map, City shall process for consideration to approve or
deny in its sole discretion a reimbursement agreement to the
Developer in accordance with the City's Municipal Code and Article
6 of Chapter 4 of the Subdivision Map Act, commencing with
Government Code section 66485, and section 7.5, below. This does
not preclude the Developer or the city from considering alternative
financing mechanisms.
7.5 Facilities Which Are the Obliqations of Another
Partv. or Are of Excessive size. Capacity. Lenqth or Number.
Developer may offer to advance monies and/or construct public
improvements which are the responsibility of another land owner, or
outside the City's jurisdictional boundaries, or which are of
supplemental size, capacity, number or length for the benefit of
land not within the Property. City, where requesting such funding
or construction of oversized public improvements, shall consider
after a public hearing, contemporaneous with the imposition of the
obligation, the formation of a reimbursement district, assessment
district, facility benefit assessment, or reimbursement agreement
or other reimbursement mechanism.
7.6 pioneerinq of Facilities. To the extent Developer
itself constructs (i.e., "Pioneers") any pUblic facilities or
public improvements which are covered by a DIF Program, Developer
shall be given a credit against DIFs otherwise payable, subject to
the City's Director of Public Works reasonable determination that
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such costs are allowable under the applicable DIF Program. It is
specifically intended that Developer be given DIF credit for the
DIF Program improvements it makes. The fact that such improvements
may be financed by an assessment district or other financing
mechanism, shall not prevent DIF credit from being given to the
extent that such costs are allowed under the applicable DIF Program
7.7 Insurance.
insured for all insurance
Project as pertains to the
the Project.
Developer shall name city as additional
policies obtained by Developer for the
Developer's activities and operation on
7.8 other Land Owners. Developer hereby agrees to
dedicate adequate rights-of-way within the boundaries of the
Property for other land owners to "Pioneer" public facilities on
the Property; provided, however, as follows: (i) dedications shall
be restricted to those reasonably necessary for the construction of
facilities identified in the city's adopted pUblic facility plans;
(ii) this provision shall not be binding on the successors-in-
interest or assignees of Developer following recordation of the
final "Super Block" or "A" Map; and (iii) the City shall use its
reasonable best efforts to obtain agreements similar to this
subsection from other developers and to obtain equitable reimburse-
ment for Developer for any excess dedications.
7.9 Construction of East-West Access. Pursuant to
City's requirements, Developer is required to pay Transportation
Development Fees (TDIF) for a variety of purposes including
construction of east-west arterial access through the Property
connecting to I-80S. Alternatively, the Developer may be required
to actually construct all or portions of such access if, at the
time of need, the TDIF fund does not contain sufficient revenues to
finance the construction of the needed facilities. Such east-west
arterial access from SPA One to I-80S could occur on either East
Orange Avenue or on East Palomar Street. It is not now possible to
determine with certainty when it will be necessary to actually
construct the arterials in order to comply with the threshold
requirements because the rate and location of future development is
unknown. The total cost and length of the arterial, which might be
constructed by the Developer, are unknown at this time because it
cannot be determined if and when development west of the property
(Sunbow) will construct the Western portion of the arterials. Such
uncertainty makes it difficult to plan and finance the orderly
development of the property and needed on-site and off-site
facilities. To provide greater certainty as to the timing and
construction of east-west arterial access, the city agrees to
reasonably consider in good faith a traffic capacity agreement with
Developer which would reserve traffic capacity for all or part of
SPA One in exchange for Developer's agreement to pioneer all or
part of planned east-west access to SPA One.
7.10 Assurances of Compliance. Owner acknowledges that
the city is not required to and will not take any action on any of
Owner's applications for Future Discretionary Approvals under this
Agreement, or any modifications or amendments thereof, until and
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unless the City Manager determines that the Owner is not in default
of its obligations under this Agreement including but not limited
to those set forth in section 7.11 and 14.
7.11 Complete Construction. Developer/Builder or any
third party agree to diligently complete construction once a
building permit has been issued for Property which is covered by
this Agreement. Should construction stop once the building permits
have been issued by the City, which the city in its sole discretion
determines has created a nuisance or fire or safety hazard, the
Developer agrees to take such steps necessary to cure the nuisance
or hazard. Should Developer fail to do so to the City's satisfac-
tion, the City may take what steps it deems necessary to cure the
nuisance or hazard at Developer's sole cost and expense.
8. DEVELOPMENT IMPACT FEES.
8.1 Existinq Development Impact Fee Proqram Pavments.
Developer shall pay to the City a DIF, or construct improvements in
lieu of payment, for improvements which are conditions of a
tentative subdivision map upon the issuance of building permits(s),
or at a later time as specified by City ordinance, the Subdivision
Map Act, or Public Facility Financing Plan (PFFP). The DIF will be
in the amount in effect at the time payment is made and may only be
increased pursuant to Section 8.6 herein.
8.2 Other Undeveloped Properties. The City will use its
reasonable best efforts to impose and collect, or cause the
imposition and collection of, the same DIF program on all the
undeveloped real properties which benefit from the provision of the
public facility through the DIF program, or provided as a condition
of Project Approvals.
8.3 Use of Development Impact Fee Proqram. The DIF
amounts paid to the City by Developer and others with respect to
the Area of Benefit shall be placed by the city in a capital
facility fund account established pursuant to California Government
Code sections 66000-66009. The City shall expend such funds only
for the Projects described in the adopted fee program as may be
modified from time to time. The city will use its reasonable best
efforts to cause such Projects to be completed as soon as practica-
ble; however, the City shall not be obligated to use its general
funds for such Projects.
8.4 Withholdinq of Permits. Developer agrees that City
shall have the right to withhold issuance of the building permit
for any structure or improvement on the Property unless and until
the DIF is paid for such structure or improvement.
8.5 Development Impact Fee Credit. Upon the completion
and acceptance by the City of any public facility, the City shall
immediately credit Developer with the appropriate amount of cash
credits (IEDUs") as determined by Developer and City. However, if
the improvements are paid for through an Assessment District, the
City shall credit the Developer with the appropriate number of
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Equivalent Dwelling unit Credits (EDU's). Developer shall be
entitled to apply any and all credits accrued pursuant to this
subsection toward the required payment of future DIF for any phase,
stage or increment of development of the Project.
8.6 Modification of Development Impact Fees. The
parties recognize that from time to time during the duration of the
Agreement it will be necessary for the City to update and modify
its DIF fees. Such reasonable modifications are contemplated by
the city and the Developer and shall not constitute a modification
to the Agreement so long as: (i) the modification incorporates the
reasonable costs of providing facilities identified in the Existing
or Future Project Approvals; (ii) are based upon methodologies in
substantial compliance with the methodology contained in the
existing DIF programs; or other methodology approved by the city
Council following a public hearing; (iii) complies with the
provisions of Government Code sections 66000-66009.
8.7 Standards for Financinq Obliqations of Owner. In
connection with the development of the Property, the following
standards regarding the financing of public improvements shall
apply:
8.7.1 Owner shall participate in the DIF Program
for the Otay Valley Parcel with other owners in proportion to
the total dwelling units or equivalent dwelling units allowed
on the Property as compared with the total of such units
allowed on properties in that particular DIF or by some other
equitable methodology decided by the City Council.
8.7.2 The city shall diligently pursue the
requirements that the Eastern Territories' DIF requires
offsite third parties and adjacent jurisdictions to bear their
fair share of all otay River Valley crossings.
9. CITY OBLIGATIONS.
9.1 Urban Infrastructure. To the extent it is within
the authority and ability of the City to provide, City shall
accommodate urban infrastructure to the project, consistent with
Existing Project Approvals. Where it is necessary to utilize City
property to provide urban infrastructure consistent with the
Existing Project Approvals, the City agrees to make such land
available for such uses, provided that the city if it so chooses is
compensated at fair market value for the property. To the extent
that the provision of urban infrastructure is within the authority
of another public or quasi-public agency or utility, the City
agrees to fully cooperate with such agency or agencies to accommo-
date the urban infrastructure, consistent with Existing Project
Approvals. Urban infrastructure shall include, but not be limited
to gas, electricity, telephone, cable and facilities identified in
the Otay Ranch Facility Implementation Plan.
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9.2 Sewer Capacity. The City agrees to provide adequate
sewer capacity for the project, upon the payment of ordinary and
necessary sewer connection, capacity and/or service fees.
9.3 Nuisance Easement. The City shall reasonably
consider with proper environmental review a request to amend the
otay Ranch GDP to relocate, within the property, the land uses
affected by the execution of a "nuisance easement" pursuant to the
Otay Ranch Landfill Agreement, (dated May 15, 1996). This GDP
amendment shall be processed prior to or concurrent with the GDP
amendment covering the landfill buffer area required by the
Landfill Agreement. The amendment shall be deemed vested to the
same extent as Existing Project Approvals and shall not require or
consti tute an amendment to this Agreement. The Developer agrees to
pay the reasonable City cost for processing the amendments.
10. ANNUAL REVIEW.
10.1 city and Owner Responsibilities. City will, at
least every twelve (12) months during the Term of this Agreement,
pursuant to California Government Code S65865.1, review the extent
of good faith substantial compliance by Owner with the terms of
this Agreement. Pursuant to California Government Code section
65865.1, as amended, Owner shall have the duty to demonstrate by
substantial evidence its good faith compliance with the terms of
this Agreement at the periodic review. Either city or Owner may
address any requirement of the Agreement during the review.
10.2 Evidence. The parties recognize that this Agreement
and the documents incorporated herein could be deemed to contain
hundreds of requirements and that evidence of each and every
requirement would be a wasteful exercise of the parties' resources.
Accordingly, Developer shall be deemed to have satisfied its good
faith compliance when it presents evidence of substantial com-
pliance with the major provisions of this Agreement. Generalized
evidence or statements shall be accepted in the absence of any
evidence that such evidence is untrue.
10.3 Review Letter. If Owner is found to be in com-
pliance with this Agreement after the annual review, City shall,
within forty-five (45) days after Owner's written request, issue a
review letter in recordable form to Owner ("Letter") stating that
based upon information known or made known to the Council, the City
Planning Commission and/or the city Planning Director, this
Agreement remains in effect and Owner is not in default. Owner may
record the Letter in the Official Records of the County of San
Diego.
review at
conditions
by City or
10.4 Failure of Periodic Review. city's failure to
least annually Owner's compliance with the terms and
of this Agreement shall not constitute, or be asserted
Owner as, a breach of the Agreement.
11.
DEFAULT.
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11.1 Events of Default. A default under this Agreement
shall be deemed to have occurred upon the happening of one or more
of the following events or conditions:
11.1.1 A warranty, representation or statement
made or furnished by Owner to City is false or proves to have
been false in any material respect when it was made.
11.1.2 A finding and determination by City made
following a periodic review under the procedure provided for
in California Government Code section 65865.1 that upon the
basis of substantial evidence Owner has not complied in good
fai th with one or more of the terms or conditions of this
Agreement.
consider
submitted
11.1.3 city does not accept,
requested development permits
in accordance with the provisions
timely review, or
or entitlements
of this Agreement.
11.1. 4 All remedies at law or in equity which are
consistent with the provisions of this Agreement are available
to City and Owner to pursue in the event there is a breach
provided, however, neither party shall have the remedy of
monetary damages against the other except for an award of
litigation costs and attorneys fees.
11.2 Procedure Upon Default.
11.2.1 Upon the occurrence of default by the
other party, city or Owner may terminate this Agreement after
providing the other party thirty (30) days written notice
specifying the nature of the alleged default and, when
appropriate, the manner in which said default may be satis-
factorily cured. After proper notice and expiration of said
thirty (30) day cure period without cure, this Agreement may
be terminated. In the event that city's or Owner's default is
not subject to cure within the thirty (30) day period, city or
Owner shall be deemed not to remain in default in the event
that City or Owner commences to cure within such thirty (30)
day period and diligently prosecutes such cure to completion.
Failure or delay in giving notice of any default shall not
constitute a waiver of any default, nor shall it change the
time of default. Notwithstanding any other provision of this
Agreement, city reserves the right to formulate and propose to
Owner options for curing any defaults under this Agreement for
which a cure is not specified in this Agreement. In the event
of Developer's default under this agreement, the City shall
provide notice of such default as described in this section to
all lenders who have delivered to the City a subordination
agreement pursuant to section 12.5.
11. 2.2 City does not waive any claim of defect in
performance by Owner if, on periodic review, City does not
propose to modify or terminate this Agreement.
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11.2.3 Subject to Paragraph 16.12 of this
Agreement, the failure of a third person shall not excuse a
party's nonperformance under this agreement.
11. 2.4 All other remedies at law or in equity
which are consistent with the provisions of this Agreement are
available to City and Owner to pursue in the event there is a
breach.
12. ENCUMBRANCES AND RELEASES ON PROPERTY.
12.1 Discretion to Encumber. This Agreement shall not
prevent or limit Owner in any manner at Owner's sole discretion,
from encumbering the Property, or any portion of the Property, or
any improvement on the Property, by any mortgage, deed of trust, or
other security device securing financing with respect to the
Property or its improvement.
12.2 Mortqaqee Riqhts and Obliqations. The mortgagee of
a mortgage or beneficiary of a deed of trust encumbering the
Property, or any part thereof, and their successors and assigns
shall, upon written request to City, be entitled to receive from
city written notification of any default by Owner of the
performance of Owner's obligations under the Agreement which has
not been cured within thirty (30) days fOllowing the date of
default.
12.3 Releases. City agrees that upon written request of
Owner and payment of all fees and performance of the requirements
and conditions required of Owner by this Agreement with respect to
the Property, or any portion thereof, City may execute and deliver
to Owner appropriate release(s) of further obligations imposed by
this Agreement in form and substance acceptable to the San Diego
County Recorder and title insurance company, if any, or as may
otherwise be necessary to effect the release. City Manager shall
not unreasonably withhold approval of such release(s). In
addition, at such time as an individual home buyer purchases a home
on a subdivided lot within the Property, the City covenants and
agrees that it shall release said lot from the lien of this
agreement.
12.4 Obliqation to Modifv. City acknowledges that the
lenders providing financing for the Project may require certain
modifications to this Agreement and City agrees, upon request from
time to time, to meet with Owner and/or representatives of such
lenders to negotiate in good faith any such requirement for
modification. City will not unreasonably withhold its consent to
any such requested modification.
12.5 Subordination. Developer agrees to enter into
subordination agreements with all lenders having a lien on the
Property to ensure that the provisions of this Agreement bind such
lienholders should they take title to all or part of the property
through quit claim deed, sale, foreclosure or any other means of
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transfer of property. As a condition precedent to obtaining the
benefits that accrue to the Developer or the Property under this
Agreement, this Agreement by and through said subordination
agreements shall be prior and superior to such liens on said
Property. Developer shall deliver to the City the fully executed
subordination agreements for the Property within SPA One, in a form
acceptable to the City Attorney and suitable for recording, prior
to the second reading of the ordinance adopting the Development
Agreement. Developer shall deliver to the city a fully executed
subordination agreement for Property within subsequently approved
SPA plans in a form acceptable to the city attorney on or before
approval of each SPA Plan for said Property. In the event of
Developer'S default under this agreement, the city shall provide
notice of such fault as described in Section 11 of this agreement
to all lenders who have delivered to the City a subordination
agreement pursuant to this section.
13. MODIFICATION OR SUSPENSION.
13.1 Modification to Aqreement bv Mutual Consent. This
Agreement may be modified, from time to time, by the mutual consent
of the parties only in the same manner as its adoption by an
ordinance as set forth in California Government Code sections
65867, 65867.5 and 65868. The term, "this Agreement" as used in
this Agreement, will include any such modification properly
approved and executed.
13.2 Unforeseen Health or Safetv circumstances. If, as
a result of facts, events, or circumstances presently unknown,
unforeseeable, and which could not have been known to the parties
prior to the commencement of this Agreement, City finds that
failure to suspend this Agreement would pose an immediate threat to
the health or safety of the city's residents or the City. The
following shall occur:
13.2.1 Notification of Unforeseen Circumstances.
Notify Developer of (i) City's determination; and (ii) the
reasons for City'S determination, and all facts upon which
such reasons are based;
13.2.2 Notice of Hearinq. Notify Developer in
writing at least fourteen (14) days prior to the date, of the
date, time and place of the hearing and forward to Developer
a minimum of ten (10) days prior to the hearings described in
Section 13.2.3, all documents related to such determination
and reasons therefor; and
13.2.3 Hearinq. Hold a hearing on the deter-
mination, at which hearing Developer will have the right to
address the City Council. At the conclusion of said hearing,
city may take action to suspend this Agreement as provided
herein. The city may suspend this Agreement if, at the
conclusion of said hearing, based upon the evidence presented
by the parties, the city finds failure to suspend would pose
an immediate threat to the health or safety of the City's
residents or the City.
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13.3 Chanqe in state or Federal Law or Requlations. If
any state or federal law or regulation enacted during the Term of
this Agreement, or the action or inaction of any other affected
governmental jurisdiction, precludes compliance with one or more
provisions of this Agreement, or requires changes in plans, maps,
or permits approved by City, the parties will act pursuant to
sections 13.3.1 and 13.3.2, below.
13.3.1 Notice; Meetinq. The party first becoming
aware of such enactment or action or inaction will provide the
other party(ies) with written notice of such state or federal
law or regulation and provide a copy of such law or regulation
and a statement regarding its conflict with the provisions of
this Agreement. The parties will promptly meet and confer in
a good faith and reasonable attempt to modify or suspend this
Agreement to comply with such federal or state law or regula-
tion.
13.3.2 Hearinq. If an agreed upon modification
or suspension would not require an amendment to this Agree-
ment, no hearing shall be held. Otherwise, the matter of such
federal or state law or regulation will be scheduled for
hearing before the City. Fifteen (15) days' written notice of
such hearing shall be provided to Developer, and the City, at
such hearing, will determine and issue findings on the
modification or suspension which is required by such federal
or state law or regulation. Developer, at the hearing, shall
have the right to offer testimony and other evidence. If the
parties fail to agree after said hearing, the matter may be
submitted to mediation pursuant to subsection 13.3.3, below.
Any modification or suspension shall be taken by the affirma-
tive vote of not less than a majority of the authorized voting
members of the city. Any suspension or modification may be
subject to judicial review in conformance with subsection
16.19 of this Agreement.
13.3.3 Mediation of Disputes. In the event the
dispute between the parties with respect to the provisions of
this paragraph has not been resolved to the satisfaction of
both parties following the City hearing required by subsection
13.3.2, the matter shall be submitted to mediation prior to
the filing of any legal action by any party. The mediation
will be conducted by the San Diego Mediation Center; if San
Diego Mediation Center is unable to conduct the mediation, the
parties shall submit the dispute for mediation to the Judicial
Arbitration and Mediation Service or similar organization and
make a good faith effort to resolve the dispute. The cost of
any such mediation shall be divided equally between the
Developer and City.
13.4 Natural Communities Conservation Act (NCCP). The
parties recognize that Developer and the city are individually
negotiating agreements with the united States Fish and Wildlife
Service ("USF&W") and the California Department of Fish and Game
pursuant to the ongoing regional effort to implement the Natural
Communities Conservation Act ("NCCP"), locally proposed to be
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7'1>
implemented through the MUlti-Species Conservation Program
("MSCP"). The parties further recognize that implementation of the
agreements may necessitate modification to the Existing Project
Approvals. The City agrees to utilize its best efforts to
implement these agreements, once executed, through the timely
processing of modifications to the Existing Project Approvals as
such modifications apply to Developer's property. The Developer
agrees to pay the reasonable city cost for processing work related
to the modifications. Once such modifications are obtained they
shall be vested to the same extent as Existing Project Approvals.
Such modifications shall be substantially similar to the provisions
contained in Exhibit "F", the May 17, 1996 Administrative draft of
the City of Chula vista SubArea Plan for the MUlti-Species
Conservation Program, except for the proposed deletion of the
Maritime Succulent Scrub restoration requirement [Section 3(b) of
the SubArea Plan (page 27)].
14. DISTRICTS. PUBLIC FINANCING MECHANISMS.
This Agreement and the Existing Project Approvals recognize
that assessment districts, community facility districts, or other
public financing mechanisms, may be necessary to finance the cost
of public improvements borne by this Project. If Developer,
pursuant to the Existing Project Approvals/Future Discretionary
Approvals, is required by the City to install improvements through
the use of assessment districts, or other public financing
mechanisms, the City shall initiate and take final action to
approve or deny appropriate proceedings for the formation of such
financing district or funding mechanism, under applicable laws,
ordinance.s, or policies. Developer may request that the city, but
the City is not obligated to, utilize any other financing methods
which may become available under City laws or ordinances. All
costs associated with the consideration and formation of such
financing districts or funding mechanisms shall be paid by
Developer subject to reimbursement, as may be legally authorized
out of the proceeds of any financing district or funding mechanism.
Developer shall comply with the terms of any assessment districts
or other financing mechanisms so approved by the City for Property
covered by this Agreement and shall make timely payments as
required by said financing mechanism. The City retains its rights
to take any action it deems reasonably appropriate to guarantee
payment.
15. ASSIGNMENT AND DELEGATION.
15.1 Assiqnment. Owner shall have the right to transfer
or assign its interest in the Property, in whole or in part, to any
persons, partnership, joint venture, firm, or corporation at any
time during the Term of this Agreement without the consent of City.
Owner also shall have the right to assign or transfer all or any
portion of its interest or rights under this Agreement to third
parties acquiring an interest or estate in the Property at any time
during the Term of this Agreement without the consent of City.
-23-
7,,21,
15.2 Deleqation. In addition, Owner shall have the
right to delegate or transfer its obligations under this Agreement
to third parties acquiring an interest or estate in the Property
provided the owner is in compliance with the terms of this
Agreement and after receiving the prior written consent of the city
Manager, which consent shall not be unreasonably withheld or
delayed or conditioned. Provided, however, the City may deny such
release if the city determines that the performance of such
obligation would be jeopardized by such transfer. Once the city
Manager has consented to a transfer, delivery to and acceptance by
the City Manager of an unqualified written assumption of Owner's
obligations under this Agreement by such transferee shall relieve
Owner of the obligations under this Agreement to the extent the
obligations have been expressly assumed by the transferee and as
approved by the City. Such transferee shall not be entitled to
amend this Agreement without the written consent of the entity
that, as of the Effective Date, is Owner, which consent shall not
be unreasonably withheld, delayed, or conditioned. The entity that
is Owner as of the Effective Date, however, shall be entitled to
amend this Agreement without the written consent of such transfer-
ee.
16. MISCELLANEOUS PROVISIONS.
16.1 Bindinq Effect of Aqreement. Except to the extent
otherwise provided in this Agreement, the burdens of this Agreement
bind, and the benefits of this Agreement inure, to City's and
Owner's successors-in-interest and shall run with the land.
16.2 Relationship of city and Owner. The contractual
relationship between City and Owner arising out of this Agreement
is one of independent contractor and not agency. This Agreement
does not create any third-party beneficiary rights.
16.3 Notices. All notices, demands, and correspondence
required or permitted by this Agreement shall be in writing and
delivered in person, or mailed by first-class or certified mail,
postage prepaid, addressed as follows:
If to city, to:
city of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Manager
If to Owner, to:
Jim Baldwin
Otay Ranch, L.P.
Newport Center Dr., Suite 700
Newport Beach, CA 92660
with a Copy to:
Kim John Kilkenny
Otay Ranch, L.P.
11975 El Camino Real, suite 104
San Diego, CA 92130
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City or Owner may change its address by giving notice in writing to
the other. Thereafter, notices, demands, and correspondence shall
be addressed and transmitted to the new address. Notice shall be
deemed given upon personaL delivery, or, if mailed, two (2)
business days following deposit in the united states mail.
16.4 Rules of Construction. In this Agreement, the use
of the singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is permissive.
16.5 Entire Aqreement. Waivers. and Recorded statement.
This Agreement constitutes the entire understanding and agreement
of City and Owner with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous
agreements between City and Owner respecting this Agreement. All
waivers of the provisions of this Agreement must be in writing and
signed by the appropriate authorities of city and Owner. Upon the
completion of performance of this Agreement, or its revocation or
termination, a statement evidencing completion, revocation, or
termination signed by the appropriate agents of City shall be
recorded in the Official Records of San Diego County, California.
16.6 Proiect as a Private Undertakinq. It is
specifically understood by City and Owner that (i) the Project is
a private development; (ii) City has no interest in or
responsibili ties for or duty to third parties concerning any
improvements to the Property until City accepts the improvements
pursuant to the provisions of the Agreement or in connection with
subdivision map approvals; and (iii) Owner shall have the full
power and exclusive control of the Property subject to the
obligations of Owner set forth in this Agreement.
16.7 Incorporation of Recitals. The recitals set forth
in Paragraph 1 of this Agreement are part of this Agreement.
16.8 captions. The captions of this Agreement are for
convenience and reference only and shall not define, explain,
modify, construe, limit, amplify, or aid in the interpretation,
construction, or meaning of any of the provisions of this
Agreement.
16.9 Consent. Where the consent or approval of city or
Owner is required or necessary under this Agreement, the consent or
approval shall not be unreasonably withheld, delayed, or con-
ditioned.
16.10 Covenant of Cooperation.
cooperate and deal with each other in good
other in the performance of the provisions
City and Owner shall
faith, and assist each
of this Agreement.
16.11 Recordinq. The City Clerk shall cause a copy of
this Agreement to be recorded with the Office of the County
Recorder of San Diego County, California, within ten (10) days
following the Effective Date.
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16.12 Delav. Extension of Time for Performance. In
addition to any specific provision of this Agreement, performance
by either city or Owner of its obligations hereunder shall be
excused, and the Term of this Agreement and the Development Plan
extended, during any period of delay caused at any time by reason
of any event beyond the control of city or Owner which prevents or
delays and impacts City's or Owner's ability to perform obligations
under this Agreement, including, but not limited to, acts of God,
enactment of new conflicting federal or state laws or regulations
(example: listing of a species as threatened or endangered),
judicial actions such as the issuance of restraining orders and
injunctions, riots, strikes, or damage to work in process by reason
of fire, floods, earthquake, or other such casualties. If City or
Owner seeks excuse from performance, it shall provide written
notice of such delay to the other within thirty (30) days of the
commencement of such delay. If the delay or default is beyond the
control of City or Owner, and is excused, an extension of time for
such cause will be granted in writing for the period of the
enforced delay, or longer as may be mutually agreed upon.
16.13 Covenant of Good Faith and Fair Dealinqs. No party
shall do anything which shall have the effect of harming or
injuring the right of the other parties to receive the benefits of
this Agreement; each party shall refrain from doing anything which
would render its performance under this Agreement impossible; and
each party shall do everything which this Agreement contemplates
that such party shall do in order to accomplish the objectives and
purposes of this Agreement.
16.14 Ooeratinq Memorandum. The parties acknowledge that
the provisions of this Agreement require a close degree of
cooperation between city and Developer, and that the refinements
and further development of the Project may demonstrate that minor
changes are appropriate with respect to the details of performance
of the parties. The parties, therefore, retain a certain degree of
flexibility with respect to those items covered in general under
this Agreement. When and if the parties mutually find that minor
changes or adjustments are necessary or appropriate, they may
effectuate changes or adjustments through operating memoranda
approved by the parties. For purposes of this section 16.14, the
City Manager, or his designee, shall have the authority to approve
the operating memoranda on behalf of City. No operating memoranda
shall require notice or hearing or constitute an amendment to this
Agreement.
16.15 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which time is
an element.
16.16 Amendment or Cancellation of Aqreement. This
Agreement may be amended from time to time or canceled by the
mutual consent of city and Owner only in the same manner as its
adoption, by an ordinance as set forth in California Government
Code section 65868, and shall be in a form suitable for recording
in the Official Records of San Diego County, California. The term
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7*.2. 7
"Agreement" shall include any such amendment properly approved and
executed. City and Owner acknowledge that the provisions of this
Agreement require a close degree of cooperation between them, and
that minor or insubstantia~ changes to the Project and the
Development Plan may be required from time to time to accommodate
design changes, engineering changes, and other refinements.
Accordingly, changes to the Project and the Development Plan that
do not result in a change in use, an increase in density or
intensity of use, cause new or increased environmental impacts, or
violate any applicable health and safety regulations, may be
considered minor or insubstantial by the city Manager and made
without amending this Agreement.
16.17 Estoppel Certificate. Within 30 calendar days
following a written request by any of the parties, the other
parties to this Agreement shall execute and deliver to the
requesting party a statement certifying that (i) this Agreement is
unmodified and in full force and effect, or if there have been
modifications hereto, that this Agreement is in full force and
effect as modified and stating the date and nature of such
modifications; (ii) there are no known current uncured defaults
under this Agreement, or specifying the dates and nature of any
such default; and (iii) any other reasonable information requested.
The failure to deliver such a statement within such time shall
constitute a conclusive presumption against the party which fails
to deliver such statement that this Agreement is in full force and
effect without modification, except as may be represented by the
requesting party, and that there are no uncured defaults in the
performance of the requesting party, except as may be represented
by the requesting party.
16.18 Severabili tv. If any material provision of this
Agreement is held invalid, this Agreement will be automatically
terminated unless within 15 days after such provision is held invalid
the party holding rights under the invalidated provision affirms the
balance of this Agreement in writing. This provision will not affect
the right of the parties to modify or suspend this Agreement by
mutual consent pursuant to Paragraph 12.4.
16.19 Institution of Leqal Proceedinq. In addition to any
other rights or remedies, any party may institute legal action to
cure, correct, or remedy any default, to enforce any covenants or
agreements herein, or to enjoin any threatened or attempted violation
thereof; to recover damages for any default or to obtain any remedies
consistent with the purpose of this Agreement. Such legal actions
must be instituted in the Superior Court of the County of San Diego,
State of California.
16.20 Attorneys' Fees and Costs. If any party commences
litigation or other proceedings (including, without limitation,
arbitration) for the interpretation, reformation, enforcement, or
rescission of this Agreement, the prevailing party, as determined by
the court, will be entitled to its reasonable attorneys' fees and
costs.
-27-
J.. JP
16.21 Hold Harmless. Developer agrees to and shall hold
City, its officers, agents, employees and representatives harmless
from liability for damage or claims for damage for personal injury,
including death, and claims for property damage which may arise from
the direct or indirect operations of Developer or those of its
contractors, subcontractors, agents, employees or other persons
acting on Developer's behalf which relate to the Project. Developer
agrees to and shall defend City and its officers, agents, employees
and representatives from actions for damage caused or alleged to have
been caused by reason of Developer's activities in connection with
the Project. Developer agrees to indemnify, hold harmless, pay all
costs and provide a defense for city in any legal action filed in a
court of competent jurisdiction by a third party challenging the
validity of this Agreement. The provisions of this section 16.21
shall not apply to the extent such damage, liability or claim is
caused by the intentional or negligent act or omission of City, its
officers, agents, employees or representatives.
?.. ;1 /
-28-
SIGNATURE PAGE TO PRE-ANNEXATION DEVELOPMENT AGREEMENT
Dated this ____ day of
, 1996.
"CITY"
CITY OF CHULA VISTA
By:
Its:
Mavor
"OWNER"
THE OTAY RANCH, L.P.
a California limited partnership,
by Sky Communities, Inc.
a California corporation,
its general partner
By:
James P. Baldwin, President
VILLAGE DEVELOPMENT
a California general partnership
By:
James P. Baldwin, President
I hereby approve the form and legality of the foregoing Pre-
Annexation Development Agreement this day of
1996.
Ann Moore
Interim City Attorney
City of Chula Vista
By:
?~J;L
-29-
EXHIBIT A
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OTAY RANCH, L.P.
01Y Of
CHULA VISTA
PLA""I"'C DEPA~H\f"T'
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EXHIBIT B
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ClN OF
CHUlA VISTA
PLANNING DEPARTMENT
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".VILLAGE DEVELOPMENT
9'25'96
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EXHIBIT "D"
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Recording Requested By, and When
Recorded Please Return to:
Chief Administrative Officer
County of San Diego
:,'
""<,:,1600 Pacific Hwy.
\:;San Diego, CA 92101
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[Space above for Recorder's Use)
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LANDFILL NUISANCE EASEMENT
AND
COVENANTS RUNNING WITH THE LAND
.
(hereinafter referred to as "Grantor"), for valuable
consideration, does hereby GRANT to the COUNTY OF SAN DIEGO, a
political SUbdivision of the State of California (hereinafter
referred to as "Grantee") as the owner of the real property
located in the County of San Diego, California known as the "otay
Landfill" which is more particularly described in "Exhibit A"
hereto (hereinafter referred to as the "Dominant Tenement") and
its successors in interest to the Dominant Tenement, an EASEMENT
(hereinafter referred to as "Nuisance Easement") over all that
real property located in the County of San Diego, California
described in "Exhibit B" hereto. (hereinafter referred to as the
"Servient Tenement").
This Nuisance Easement is for the use and benefit of Grantee
and its successors in interest and invited guests in the conduct
of solid waste landfilling operations on the Dominant Tenement,
for the free and unobstructed passage on, onto, in, through, and
across the surface and airspace above the surface of the Servient
Tenement of the following things (hereinafter referred to as
"Nuisance Items"):
dust; noise; vibrations; any and all chemicals or particles
suspended (permanently or temporarily) in the air and wind
including but not limited to methane gas; odors; fumes; fuel
particles; seagu+ls and other scavenger birds and the
excrement droppings therefrom; and the unobstructed passage
below the surface of leachate and other pollutants; and for
each, every and aIr effects as may be caused by or result
from the operation of a landfill which is now in existence
or which may be developed in the future,
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together with the continuing right to cause or allow in all of
such Servient Tenement such Nuisance Items, it being understood
and agreed that Grantee, or its successors in interest, intends
to develop, maintain and expand the landfill on the adjacent
Dominant Tenement in such a manner that said landfill and the
easement grated herein will be used at all times in compliance
with all applicable State and Federal laws and the lawful orders
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of state and Federal agencies regulating environmental factors,
toxic and/or hazardous waste, and the operation of the landfill.
Grantor, for itself and its successors and assigns, does
hereby fully waive and release any right or cause of action which
they or any of them may now have or may have in the future
against Grantee, its successors and assigns, on account of or
arising out of such Nuisance Items heretofore and hereafter
caused by the operation of a landfill.
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Grantor,'for itself and its successors and assigns,
covenants and agrees, with the understanding and intent that such
shall run with the land, and which shall run with the land, that
neither they nor any of them will commence or maintain a suit,
action, writ, arbitration, or other legal or equitable proceeding
against Grantee or its successors or assigns wherein the relief
sought is the cessation or limitation on the use of the Dominant
Tenement as a landfill. Grantor, for itself and its successors
and assigns, covenants and agrees, with the understanding and
intent that such shall run with the land, and which shall run
with the land, that in the event that they violate the above
covenants of the foregoing sentence, they shall pay to Grantee
such attorneys' fees and costs as may be determined to be
reasonable by a Court of competent jurisdiction. Inquires or
requests for enforcement made by Grantor, its successors or
assigns to State or Federal agencies with regulatory authority
over the operation of landfills shall not be considered a
violation of this paragraph.
Upon the termination of use of the-Dominant"Tenement for
landfill purposes, (including completion of active landfill
',i' operations and all closure and post-Closure activities),: Grantor,
its successors or assigns may request that Grantee, its
successors or assigns, through the applicable legal procedure,
vacate or terminate this easement, which request will not be
unreasonably withheld.
Executed this
California.
day of
, 1996, at San Diego,
GRANTOR
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EXHIBIT "F"
PRE-ANNEXATION DEVELOPMENT AGREEMENT
PlanninQ Area Assessor Ownership Acreaoe
Parcel Numbers
Olav Valley Parcel 595-070-33 OlayFUinchL.P. 15.39
Olav Valley Parcel 641-020-15 OlavFUinchL.P. 21.89
Olay Valley Parcel 641-020-18 Olav FUinch L.P. 10.00
Olav Valley Parcel 641-030-13 Olav FUinch L.P. 97.36
Olav Valley Parcel 641-040-05 Olay FUinch L.P. 151.17
Olav Valley Parcel 641-060-04 Olav FUinch L.P. 8.16
Olav Valley Parcel 641-060-06 . OlaY FUinch L.P. 17.91
Olav Valley Parcel 641-070-01 Olay FUinch L.P. 87.86
Olav Valley Parcel 641-080-01 Olav FUinch L.P. 88.89
Olav Valley Parcel 642-040-16 Olay FUinch L.P. 13.99
Olay Valley Parcel 642-050-14 Olav FUinch L.P. 44.62
Olav Valley Parcel 642-050-24 Olav FUinch L.P. 29.36
Olay Valley Parcel 642-070-01 Olav Ranch L.P. 160.00
Olay Valley Parcel 642-090-01 Olav Ranch L.P. 92.78
Olav Vallev Parcel 643-010-03 Olav Ranch L.P. 19.92
Olav Valley Parcel .643-010-09 Olav Ranch L.P. 51.63
Olay Valley Parcel 643-020-10 Olay Ranch L.P. 159.37
Olav Vallev Parcel 643-020-28 Olav FUinch L.P. 48.13
Olav Valley Parcel 643-020-32 Olav Ranch L.P. 32.70
Olav Valley Parcel 643-050-01 Olav FUinch L.P. 53.51
Olav Valley Parcel 643-060-04 Olav FUinch L.P. 268.55
Olay Valley Parcel 644-030-01 Olav Ranch L.P. 311.03
Olav Valley Parcel 644-030-06 Olav FUinch L.P, 255.85
Olav Valley Parcel 644-060-11 Olav FUinch L.P. 159.18
Olav Valley Parcel 644-070-0 I Olav Ranch L.P. 313.52
Olay Valley Parcel 644-070-07 Olav FUinch L.P. 285.85
Olav Valley Parcel 644-080-09 Olav Ranch L.P. 152.40
Olay Valley Parcel 644-090-02 Olav Ranch L.P. 299.60
Olav Valley Parcel 645-030-15 Olay Ranch L.P. 16.89
Olay Valley Parcel 645-030-18 Olav FUinch L.P. 102.10
Olay Valley Parcel 646-010-03 Olav FUinch L.P. 175.14
3,544.7S Total
Olav Valley Parcel 643-010-10 Villaee Develooment 17.06
Inverted 'L' 595-050-04 Villaee Development 10.00
Inverted 'L' 595-050-07 Villaee Develonment 2.50 I
Inverted 'L' 595-050-08 Villaee Develooment I 2.50 I
Invened 'L' 59S-050-09 Villaee Development I 2.50 I
I I 34.56 i Total
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COUNCIL AGENDA STATEMENT
REVIEWED BY:
Item
J i' ~ Meeting Date 11/26/96
RESOLUTION APiOVING AN AGREEMENT FOR CDBG FUNDING
IN THE AMOUNT OF $18,000 BETWEEN THE CITY OF CHULA VISTA AND
BOYS AND GIRLS CLUB OF CHULA VISTA AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Community Development~rr (.S.
City Manager J~~ ~\
r'
ITEM TITLE:
SUBMITTED BY:
(4/5ths Vote: Yes.lL No_l
BACKGROUND:
On June 4, 1996, the City Council approved CDBG funds in the amount of $2,103,000 for various
public service, community development, and capital improvement programs for FY 1996-97which
included funding $18,000 for the Boys and Girls Club of Chula Vista to rehabilitate the gymnasuim
floor. The U.S. Housing and Urban Development Department (HUD) requires a written agreement
between the City and each subrecipient of CDBG funds.
RECOMMENDATION: That the City Council adopt the resolution approving the agreement for
CDBG funds in the amount of $18,000 between the City of Chula Vista and Boys and Girls Club
of Chula Vista; and authorize the Mayor to execute the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: The Commission on Aging, Youth Commission,
Childcare Commission, Housing Advisory Commission, and Human Relations Commission made
funding recommendations in March and April 1996 which were considered by Council in approving
the CDBG budget on June 4, 1996.
DISCUSSION:
The agreement between the City of Chula Vista and Boys and Girls Club of Chula Vista covers a
period from July 1, 1996 to June 30, 1997. The funds were approved in the Capital Improvement
Program portion of the budget with the funds to be used to rehabilitate the gymnasium floor. The
agreement has several exhibits attached which are incorporated into the agreement. An example
of the agreement and the exhibits are attached as follows:
Exhibit A: The Statement of Work and Performance Schedule describes the services the
agency will be providing. This performance schedule will be used to monitor the agency's
progress in completing the scope of work.
Exhibit B: The Itemized Budget shows exactly how the agency intends to expend the
CDBG funds. This itemized budget will be used to monitor expenditures through the year.
Exhibit C: City of Chula Vista Party Disclosure Form.
sr-j
Page 2, Item ~
Meeting Date 11/26/96
FISCAL IMPACT: The agreement will be funded out of the City's 1996-97 CDBG entitlement
grant. In the remote event that HUD should withdraw the City's CDBG funding, the MOU provides
that the City is not obligated to compensate $18,000 to the Boys and Girls Club of Chula Vista
for program expenditures.
(jf) M:\HOME\COMMDEV\STAFF.REP\11-26-96\CDBG#26.CON [November 20, 1996 (11:33am)]
8"'.2
RESOLUTION NO.
I 'i' 511 'I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A AGREEMENT FOR COBG FUNDING IN THE
AMOUNT OF $18,000 BETWEEN THE CITY OF CHULA VISTA AND
BOYS AND GIRLS CLUB OF CHULA VISTA AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the City participates in the Community Development Block Grant
(CDBG) program, a principal goal of which is to fund projects and services which will benefit low-
income Chula Vista households; and
WHEREAS, the City will be entering into a separate funding agreement with HUD
for the City's 1996-97 CDBG entitlement; and
WHEREAS, the City Council of the City of Chula Vista held a public hearing and
allocated CDBG entitlement and other un allocated funds on June 4, 1996, a portion of which was
allocated for the Grantee; and
WHEREAS, the City is desirous of having certain services for the benefit of low-
income households performed by the Grantee; and
WHEREAS, the Grantee warrants and represents that they are experienced and
staffed in a manner such that they can prepare and deliver the services required by Grantor within
the timeframes herein provided all in accordance with the terms and contitions of this agreement;
and
WHEREAS, In the event that HUD should withdraw the City's CDBG funding, the
City is not obligated to compensate the subgrantees for program expenditures.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby find, order, determine, and resolve as follows:
SECTION 1. The City Council does hereby approve the following agreement, known by
Document Number C096- , a copy of which is on file in the Office of the City
Clerk.
SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula
Vista to execute said agreement for and on behalf of the City of Chula Vista.
SECTION 3. This resolution shall take and be in full force and effect immediately upon the
passage and adoption thereof.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall
enter in the same in the book of original Resolutions of said City; and shall make
a minute of the passage and adoption hereof in the minutes of the meeting at
which the same is passed and adopted.
8"" :1
Presented by
GL s:~
Chris Salomone
Director of Community Development
8''',/
Approved as to form by
u~~
Ann Moore
Acting City Attorney
E:}C~HPLE
AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF
BOYS AND GIRLS CLUB OF CHULA VISTA
IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT is made this November 26, 1996, for the purposes of
reference only, and effective as of the date last executed between the parties, between the City of
Chula Vista ("City") herin, a municipal corporation of the State of California, and Boys and Girls
Club of Chula Vista, a non-profit organization ("Grantee"), and is made with reference to the
following facts:
RECIIALS
WHEREAS, the City participates in the Community Development Block Grant
(CDBG) Program, a principal goal of which is to fund programs and services which will benefit
low and moderate-income Chula Vista households; and,
WHEREAS, the City has entered into a separate funding agreement with HUD for
the City's annual CDBG entitlement.
WHEREAS, the City Council of the City of Chula Vista held a public hearing and
allocated CDBG entitlement funds on June 4, 1996, a portion of which was allocated for the
Grantee; and,
WHEREAS, the City is desirous of having those certain services for the benefit of
low income households, hereinafter enumerated, performed by the Grantee; and,
WHEREAS, HUD requires the execution of a written agreement setting the terms
and obligations for the expenditure of CDBG funds by the Grantee; and,
WHEREAS, Grantee warrants and represents that they are experienced and staffed
in a manner such that they can prepare and deliver the services required of Grantee within the time
frames herein provided all in accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual obligations of the parties as
herin expressed, the parties hereto agree as follows:
1. Term of A~reement. The term of this agreement shall be for a period of
one (1) year, from July 1, 1996 through June 30, 1997.
2. Statement of Work Schedule. The Grantee shall perform those duties
described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These
services shall be provided during the term of this agreement and according to the Performance
Schedule in Exhibit A, attached hereto and incorporated herein.
1 r-:f'
3. Low Income ReQ.uirement. The services to be performed by Grantee shall
be provided primarily to persons of low income households. A minimum of 51 % of the persons
provided services shall be of low income, as determined by the most current HUD Income Limits
for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C).
Grantee shall use reasonable means to determine the income level of each person or family served.
4. Compensation and Budl/"et. The Grantee agrees to expend City-
appropriated funds to meet bona fide obligations incurred for the Boys and Girls Club of Chula
Vista on the condition City receives sufficient CDBG funds and appropriates them for the
purposes provided for in this agreement, and the City shall compensate Grantee for said services
up to a maximum of $18,000 (Eighteen Thousand Dollars) payable in approximately equal
monthly installments unless a more advanced payment schedule is set forth in the attached Exhibit
A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and
incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days
advanced written notice to Grantee, have the option to terminate this Agreement and, in doing so,
terminate funding to the Grantee.
5. Reimbursement Payments. Payment of those City appropriated funds shall
be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense
Reimbursement Claim Form" from the Grantee. Expenses itemized on the "Expense
Reimbursement Claim Form" shall be limited to actual expenses incurred during the period
specified on said form, and shall not include any anticipated costs. Grantee shall attach xeroxed
copies of all source documentation, such as receipts, bills, time sheets, etc. as shall provide
reasonable proof of actual expenses incurred. Reimbursement Claim Forms will not be processed
unless accompanied by the required documentation. Spreadsheet formats are not acceptable. The
Grantee understands and accepts that in the event that HUD should withdraw the City's CDBG
and HOME funding, the City is not obligated to compensate said Grantee for its expenditures.
6. Reports. The Grantee shall provide the City with a quarterly report,
submitted no later than 40 days after the last day of the previous quarter, which includes a
narrative of the services provided and an itemized accounting of the expenditures of CDBG funds
during the previous quarter.
7. Assil/"nment. The services of Chula Vista Youth Services Network are
personal to that organization. The Performance of this Agreement may not, by sub-agreement,
be assigned to any other entity without prior written consent of the City.
8. Financial Records and Audits. The Grantee shall maintain all financial
records for three years following the term of this Agreement. The City, at its discretion may
require the Grantee to provide or allow the City to undertake a complete financial and program
audit of its records. Those records shall contain, at a minimum, the following information for
each client served: income, residency, and ethnicity. The records shall also contain receipts or
other proof of all expenditures made with City CDBG funds.
9. Representatives. The Community Development Director, or his/her
designated representative, shall represent the City in all matters of this Agreement. The City, at
its discretion may require the Grantee to provide or allow the City to undertake a complete
financial and program audit of its records. Those records shall contain, at a minimum, the
2 Y" t,
following information for each client served: income, residency, and ethnicity. The records shall
also contain receipts or other proof of all expenditures made with City CDBG funds.
10. Uniform Administrative Requirements. The Grantee shall comply with the
applicable uniform administrative requirements as described in HUD regulation 24CFR 570.502.
This HUD regulation requires compliance with certain sections of 24 CFR part 85 "Uniform
Administrative Requirements. for Grants and Cooperative Agreements to State and Local
Governments" .
11. Other Pro~ram Requirements. The Grantee shall carry out each activity
specified under this Agreement with all Federal laws and regulations described in 24 CFR 570,
Subpart K, with the following exceptions: a) The Grantee does not assume environmental
responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for
initiating the review process under the provisions of 24 CFR 570.612.
12. Accountinll Procedure. The Grantee agrees to abide by the requirements
of OMB Circular A-122 "Cost Principles for Non-Profit Organizations". The Grantee shall
account for use of Block Grant funds separately from other funds so as to demonstrate that the
funds are used for their designated purposes.
13. Pro~ram Income. Any program income derived from CDBG funds shall
be reported to the City and shall only be used by grantee for the services funded under this
Agreement. All provisions of this Agreement shall apply to the use of program income for said
activities. Said program income shall be substantially disbursed for said services before the City
will make additional reimbursements to the Grantee. If said program income is on hand when this
agreement expires, or is received after expiration of this agreement, then said program income
shall be paid to the City.
14. Conditions for Relillious Orllanizations. If the Grantee is a religious entity,
affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the
HUD regulations 24 CFR 570.2oo(j) which prohibits discrimination on the basis of religion and
prohibits the use of funds for religious activities, and places other restrictions and limitations on
the Grantee.
15. Drull-free Workplace. The Grantee shall maintain a drug-free workplace
at all times for the duration of this contract.
16. Lobbyinll of Federal Officials. The Grantee shall not use any funds
provided under this Agreement to pay any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the
Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying",
in accordance with its instructions.
3 8" 1
17. Insurance. Grantee represents that it, and its agents, and staff employed by
it are protected by worker's compensation insurance and has coverage under public liability and
property damage insurance policies which this Agreement requires to be demonstrated in the form
of a certificate of insurance. Grantee will provide, prior to commencement of the services
required under this Agreement the following certificates of insurance to the City: a) Statutory
Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and
Automobile Liability coverage to $1,000,000 combined single limit which names the City as
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 in the same manner as members
of the general public ("cross-liability coverage").
18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the
City, its elected and appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including without limited attorney's fees) arising out of the conduct
of the Grantee, or any agency or employee, or others in connections with the execution of the
work covered by this Agreement, except only for those claims arising from the sole negligence
or sole willful conduct of the City, its officers, or employees. Grantee indemnification shall
include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers
and agents, or employees in defending against such claims, whether the same proceed to
judgement or not. Further, Grantee at its own expense shall, upon written request by the City,
defend any such suit or action brought against the City, its officer, agents, or employees.
Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by
the Grantee.
19. Suspension and Termination. In accordance with HUD regulation 24 CFR
85.43, Grantee may be sllspended or terminated by the City after 30 days written notice to the
Grantee due to default by the Grantee or Grantee's inability to perform, regardless of whether
such inability is due to circumstances within or beyond the Grantee's control. The award may be
terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall
be based on the laws of the State of California.
20. A~Teement Modification. This Agreement may not be modified orally or
in any manner other than by an agreement in writing signed by the parties hereto.
21. Breach of Contract. The parties reserve the right to pursue any remedy
provided under California law for remedy in instances where contractors violate or breach contract
terms.
22. Reversion of Assets. Upon expiration of this Agreement, Grantee shall
transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds, including any program income derived from CDBG funds.
4 ~"y
IN WITNESS WHEREOF, City and Grantee have executed this Agreement this
day of , 1996.
CITY OF CHULA VISTA
BY:
Shirley Horton
Mayor, City of Chula Vista
ATTEST:
City Clerk
APPROVED AS TO FORM BY:
Ann Moore
Acting City Attorney
BOYS AND GIRLS CLUB OF CHULA VISTA
BY:
5 8'~9
~
~
EXHIBIT A
BOYS & GIRLS CLUB OF CHULA VISTA
COMMUNITY DEVELOPMENT BLOCK GRANT
FINE ARTS PROGRAM
STATEMENT OF WORK AND PERFORMANCE SCHEDULE
The Boys & Girls Club of Chula Vista will provide a Fine Arts
program at the Oleander Center, serving children between the ages
of 6-18. The majority of services will bve conducted with
children between the ages of 6-14.
Said programming will begin in September and continue through
June. Programming will be provided Monday through Friday,
approximately fifteen hours per week.
Club members will receive daily instruction in a variety of
activities ranging from the simple to more complex including:
Creative Drawing
Cartooning
Water Colors
Collages
Photography
Crafts
The members will also participate in the Boys & Girls Club Fine
Arts Exhibit to be held in the Spring.
200 different children will be served in this program. The Boys
& Girls Club will provide 6,000 units of service (one unit equals
one hour of service).
Ninety percent of those served will be Chula vista residents.
Fifty percent of those served will be from low income families.
Fifty percent of the those served will be children of color.
~"'11l
~
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,-,
EXHIBIT B
BOYS & GIRLS CLUB OF CHULA VISTA
COMMUNITY DEVELOPMENT BLOCK GRANT
FINE ARTS PROGRAM
ITEMIZED BUDGET
CDBG FUNDS OTHER
SALARIES/BENEFITS $ 7,830
RENT/UTILITIES $ 1,916
EQUIPMENT/SUPPLIES $ 1,500
FIELD TRIPS $ 200
AWARDS 238
INDIRECT 977
TOTAL $ 9,768 $ 2,893
Y"JI
EXHIBIT C
THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all
matters which will require discretionary action on the part of the City Council, Planning Commission, and
all other official bodies. The following formation must be disclosed.
1. List the names of all persons having a financial interest in the contract, Le. contractor,
subcontractor, material supplier.
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of
all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months?
YES_ NO_ If YES, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or
independent contractors who you have assigned to represent you before the City in this matter.
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? YES_ NO
If yes, state which Councilmember(s):
Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, cotporation,
estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision,
or any other group or combination acting as a unit."
(NOTE: Attach additional pages as necessary)
Date:
Signature of contractor/applicant
8" /-2.
Print or type name of contractor/applicant
COUNCil AGENDA STATEMENT
9
Item___
Meeting Date 11/26/96
Ifr5~f
ITEM TITLE: Resolution Accepting bids and awarding contract for the
purchase of an Aerial Lift Truck, Bid # 1-96/97, to Altec Industries.
SUBMITTED BY: Director Of Public Work#~
Director of Finance ~ Ovl
REVIEWED BY: City ManagerJ-Gt bIk OJX)J (4/5ths Vote: Yes_No--.1L)
The FY 96-97 equipment replacemen~ budget provides for the purchase of one
replacement aerial lift for the Traffic Signal section of Public Works. On November 5,
1996, the Purchasing Agent accepted bids for the purchase of an aerial lift, and Altec
Industries was the lowest responsible bidder with a cost of $58,031.00 (plus tax) with
no exceptions to specifications requested.
RECOMMENDATION: That Council award the contract to Altec Industries Inc., the
lowest responsible bidder.
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable
DISOJSSTON: The FY 96-97 equipment replacement budget provides for the
replacement of an aerial device for the Traffic Signal section of Public Works
Engineering. Six potential bidders were contacted and the bid was also advertised in
the local newspaper. Three vendors responded as follows:
Bidder Aerial Lift Truck Sales Tax Net Total
Altec Industries $58,031.00 $4,497.40 $62,528.40
Pressley Peterbilt $ 58,998.00 $4,572.35 $63,570.35
Pacific Utility $62,313.00 $4,829.26 $67,142.26
AITF.RNATIVF RTFI.: Alternative fueling was requested as an option, but there were
no responses.
FISCAL IMPACT: Sufficient funds ($63,200) are provided in the FY 96-97 equipment
replacement budget for the purchase of the aerial lift. The total amount including
7.75% sales tax is $62,528.40, which is $671.60 less than the budgeted estimate.
q'l
RESOLUTION NO.
IY565'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE PURCHASE OF AN AERIAL LIFT, BID
#1-96/97, TO ALTEC INDUSTRIES
WHEREAS, the FY 96-97 Equipment
provides for the purchase of one replacement
Traffic Signal section of Public Works; and
Replacement budget
aerial lift for the
WHEREAS, on November 5, 1996, the Purchasing Agent
received the following three bids for the purchase of an aerial
lift:
Bidder Aerial Lift Truck Sales Tax Net Total
Altec Industries $58,031.00 $4,497.40 $62,528.40
Pressley Peterbilt $58,998.00 $4,572.35 $63,570.35
Pacific Utility $62,3]3.00 $4,829.26 $67,142.26
WHEREAS, Al tec Industries was the lowest responsible
bidder with a cost of $58,031.00 (plus tax) with no exceptions to
specifications requested.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept said three bids and awards
the contract to Altec Industries in the amount of $62,528.40,
including sales tax.
BE IT FURTHER RESOLVED that the Purchasing Agent of the
City of Chula vista is hereby authorized and directed to execute
said contract for and on behalf of the city of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
t' '^^ _ ^ _
( A/'oo.-/ ~ YV~
Ann-Y. Moor , Assistant
city Attorney
C:\rs\aerial.bid
,,,~
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 11/26/96
/(7
ITEM TITLE:
Resolution / ff'hl- Rejecting bids for "Lorna Verde Park
Improvements (PR-183B), Eucalyptus Park Play Equipment (PR-146C) and
Gayle L. McCandliss MemoriallHalecrest Park Improvement (PR-178B) in
the City of Chula Vista, CA"
Director of Public W s #'
Director of Parks d Recreation"w6v9V
City Manager . (4/5ths Vote: Yes _ No~)
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on October 2, 1996, in Conference Room 2 & 3, the Director of Public Works
received sealed bids for "Lorna Verde Park Improvements (PR-183B), Eucalyptus Park Play
Equipment (PR-146C), and Gayle L. McCandliss Memorial/Halecrest Park Improvement (PR-
178B) in the City of Chula Vista, CA."
STAFF RECOMMENDATION: That Council continue this item to the 12/10/96 Council
Meeting.
/t1., J
COUNCIL AGENDA STATEMENT
Item: II
Meeting Date: 11/26/96
ITEM TITLE:
Resolution 18".J"P~UthOriZing the acceptance of a technical assistance
grant from the California Healthy Cities Project FY 1996/97; and Appropriating
$7,500 in the Grant Fund (290-2901) and approving the expenditure of said City
funding for implementation of the City's community-school-based and after-
school playground program's gardens
Director of Parks and Recre~~~t...-
City Manager j~ ~ Z>>1~\
(4/5ths Vote: Yes X No_)
SUBMITTED BY:
REVIEWED BY:
On September 17, 1996, the Council approved a proposal in which the City would apply for a third-year
technical assistance grant from the California Healthy Cities Project, Fiscal Year 1996-97.
Accompanying this application was a grant request of $7,500 to the California Healthy Cities Project
to help implement the project: establish a community-school-based garden project and after-school
playground garden activities and curriculums.
On October 28, 1996, the Department was informed that its application and project proposal to the
California Healthy Cities Project had been accepted. The California Healthy Cities Project approved
a technical assistance grant of $7,500 to help establish the gardens. The City, in collaboration with
Chula Vista Cluster Coordinating Council, Chula Vista Elementary School District, Chula Vista Youth
Coalition, and University of California Cooperative Extension - San Diego County 4-H Programs, will
establish a community-school-based garden project and after-school playground garden activities and
curriculums. The agreement and grant covers a period from October I, 1996 through September 30,
1997.
STAFF RECOMMENDATION: That the City Council adopt the Resolution:
a. Authorizing the acceptance of a technical assistance grant from the California Healthy
Cities Project FY 1996/97; and
b. Appropriating $7,500 in the Grant Fund (290-2901) and approving the expenditure of
said City funding for implementation of the City's community-school-based and after-
school playground program's gardens
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION: The Chula Vista Parks and Recreation Department, in collaboration with the Chula
Vista Cluster Coordinating Council, Chula Vista Elementary School District, Chula Vista Youth
Coalition, and University of California Cooperative Extension - San Diego County 4-H Programs, will
[M:\home\parksrec\all3 - 1GB: Healthy Cities - accept$967 . 11/19/96} 1
11'/
Item: II
Meeting Date: 11/26/96
establish a new project, a community-school-based garden and after-school playground garden activities
and curriculums.
Chula Vista, previously an agricultural community, and center of the nation's lemon industry, lacks a
community garden. The first community-school will be at Vista Square Elementary School and involve
students, parents, teachers, and community volunteers. Participants will help in the design and planning
of the garden, soliciting in-kind donations from local businesses, and developing long range goals for
sustainability of the community garden.
Following the establishment of the Vista Square community-school garden, two (2) after-school
playground gardens will be established at Discovery and Lauderbach Elementary Schools. Principals
at both sites have committed space to develop the gardens. The after-school gardens are a vehicle for
youth to focus their energy into positive and productive avenues.
Facets of the new programs include: soil preparation, composting, beneficial insects, low-water
irrigation, food preparation, biology, chemistry, and nutrition education. Children, youth, and adults
will be exposed to enhanced nutritional information and direct food production techniques. The goal
is to improve the ability of residents to become self-sufficient and improve their quality of life through
healthy activities. Additionally, through involvement with the garden project, community members will
recognize the importance of environmental issues and the impact those issues have on their lives and
their children.
The City's Human Services Coordinator will continue to serve as the project manager, and will be
responsible for completing and submitting the required reports to the California Healthy Cities Project.
Funds will be disbursed to the appropriate partner agency upon receipt of appropriate expense
documentation. Payments are made based on clear expectations and performance in accordance with
the proposal submitted to the California Healthy Cities Project.
FISCAL IMPACT: The City has been awarded a third-year technical assistance grant in the amount
of $7,500 by the California Healthy Cities Project for the garden project. These funds will be deposited
into a grant account, Healthy Cities Project Grant (290-290 I). This grant will cover most of the
expenses for the project. The Human Services Coordinator will work approximately 11 % or five (5)
hours per week on the project (October 1, 1996 through September 30,1997). The City will contribute,
in-kind, the salary and benefits of the Human Services Coordinator, at an estimated cost of $5,500 for
the grant period. Excepting the in-kind contribution, City General Funds will not be required for this
program .
Attachments:
"A"-
"B"_
A ward Letter
Budget - FY 1996/97
Garden Project Proposal
"e" -
[M:\home\parksrec\al13 -1GB: Healthy Cities - accept$967 - ] 1/]9/96] 2
/1-.2
RESOLUTION NO.
11'~7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ACCEPTANCE OF A
TECHNICAL ASSISTANCE GRANT FROM THE CALIFORNIA
HEALTHY CITIES PROJECT fy 1996/97; AND
APPROPRIATING $7,500 IN THE GRANT FUND (290-
2901) AND APPROVING THE EXPENDITURE OF SAID
CITY FUNDING FOR IMPLEMENTATION OF THE CITY'S
COMMUNITY-SCHaaL-BASED AND AFTER-SCHOOL
PLAYGROUND PROGRAM'S GARDENS
WHEREAS, on September 17, 1996, the Council approved a
proposal in which the City would apply for a third-year technical
assistance grant from the California Healthy cities Project, Fiscal
Year 1996-97; and
WHEREAS, accompanying the application was a grant request
of $7,500 to the California Healthy cities Project to help
implement the project: establish a community-school-based garden
project and after-school playground garden activities and
curriculums; and
WHEREAS, on October 28,
informed that its application
California Healthy cities Project
1996, Parks and Recreation
and project proposal to
had been accepted; and
was
the
WHEREAS, a technical assistance grant of $7,500 was
approved by the California Healthy cities Project to help establish
the gardens; and
WHEREAS, the City, in collaboration with Chula vista
Cluster Coordinating Council, Chula vista Elementary School
District, Chula vista Youth Coalition, and University of California
Cooperative Extension San Diego County 4-H Programs, will
establish a community-schoo I-based garden project and after school
playground garden activities and curriculums.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept a technical assistance grant
from the California Healthy cities Project FY 1996/97.
BE IT FURTHER RESOLVED that the city Council does hereby
appropriate the grant funds in the amount of $7,500 into a grant
account, Healthy cities Project Grant (290-2901) and approving the
expenditure of said City funding for implementation of the city's
community-school-based and after-schol playground program's
gardens.
Presented by
Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
U- ki ~~
Ann Y. Mo re, Asslstant
City Attorney
C:\rs\healthy.grt
11- ..1
CALIFORNIA HEALTHY CITlES PROJECT
, S I <f
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October 28, 1996
A ~IUiCiI c! tl:,~tlie:l,
lJ;,": !'J';, lei ~ oW;I, II,,!:;;
The Honorable Shirley A. Horton
Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton:
It is with great pleasure that I inform you that the City of Chula Vista has renewed its participation
in the California Healthy Cities Project. The City's plan to provide a minimum of 250 families with
fresh produce through three community-based gardens and increased education in the community
has the potential to significantly add to Chula Vista's quality of life.
As part of an international healthy cities and communities movement, the city is in an ideal position
to attract new funds and services. We are eager to link participating cities with innovative program
resources and with other similarly interested cities in both the United States and abroad.
Additionally, we provide: technical assistance (and resources, if appropriate) for implementing your
customized educational programs; resource materials; an awards program; use of the Project logo
for promotional activity; and priority for all Project services.
A License Agreement and the accompanying Terms of Participation, delineating the services and
responsibilities associated with Project participation, have been forwarded with the copy of this letter
to John D. Goss, City Manager, for signature. This agreement covers 10/1/96 - 9/30/97.
Should you have any questions, please contact Gregory S. Shaffer, Local Program Development
Specialist, at 916-323-0702.
Again, on behalf of the Project, I offer our most sincere congratulations and support in making Chula
Vista a healthier community in which to live, work and play.
cerely,
)rI.~
JMT/kja
cc: John D. Goss, City Manager, City of Chula Vista
Jess Valenzuela, Director of Parks and Recreation, City ofChula Vista
'./1"'1
CilJ.lfORNlA HEALTHY ClrlES PI{OJECT
,........,.'~\.
,.., ..
V"
I, 1'-", ~~: 0' 1 ill ';,,, i "II
October 28, 1996
',;,,',J_,IOI :.:, h8:;, h::"II:
Robert K. Ross, M.D.
County Health Officer
San Diego County
1700 Pacific Highway, Room 208
San Diego, CA 92101
Dear Dr. Ross:
On behalf of the California Healthy Cities Project, I am pleased to inform you that the City ofChula
Vista has renewed its participation in the Project. The City's participation began October 1, 1996
and ends on September 30,1997. Chula Vista's plan to provide a minimum of250 families with
fresh produce through three community-based gardens and increased education in the community,
is testimony to the City's commitment to the creation of a local environment which preserves and
promotes enhanced community "livability."
The Project uses a partnership approach to community improvement, asslstmg municipal
government, local businesses, and community constituencies with the development of responsive
public policies designed to improve individual and community health. We are pleased that the
County of San Diego has renewed its commitment to the Project in those efforts through the City
of Chula Vista's participation, in addition to its participation through the cities of Escondido,
Oceanside and Vista.
The link between county health departments and city staff is an essential part of a successful,
collaborative effort. Should you wish to contact Chula Vista regarding its Healthy Cities Project
involvement, including participation on their steering committee, their interim project liaison is
Jess Valenzuela, Director of Parks and Recreation, at 619-691-5071.
Again, on behalf of the California Healthy Cities Project, we look forward to continuing to work
with you to build a healthy future for your community.
an M. Twiss
Proj ect Director
JMT/kja
cc: Jess Valenzuela, Director of Parks and Recreation, City ofChula Vista
H.f
ATTACHMENT B
CHULA VISTA CALIFORNIA HEALTHY CITIES PROJECT
PARKS AND RECREATION DEPARTMENT
FISCAL YEAR 1996-97
290-2901 -- Community-School Garden Project
LINE ITEM LINE ITEM LINE ITEM DESCRIPTION
TOTALS
5202 - Contractual Services $1,200.00 Stipends/incentives for Garden Coordinator and/or
volunteers.
5225 - Transportation $540.00 Attendance and participation in Healthy Cities Project
Allowances meetings and/or training opportunities by the Human
Services Coordinator, volunteers, and other staff.
5398 - Other Commodities $5,760.00 Fencing, $1,200; Irrigation, $800; Tools/Equipment,
$2,180; Planting material, $1,000; Soil and amendments,
$250; Curriculum/Copies, $310.
TOTAL $7,500.00
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RENEWAL ApPLICATION
City of: Chula
Progr.m V..r:
Vista
to/Ol/QP,
to
OQ/?O/Q7
B" ApPLICATION DEADLINE:
, 09/01/96
All material in final form, not faxed transmittals, must be received by the applica-
tion deadline. Mail the original Renewal Application and four (4) copies to:
+ Mailing Address +
California Healthy Cities Project
Mail Station 675
P.O. Box 942732
Sacramento, CA 94234-7320
+ Express Deliveries Only +
California Healthy Cities Project
Mail Station 675
60 IN. 7th Street
Sacramento, CA 95814
!XI
!XI
!XI
CITY COUNCIL RESOLUTION
The resolution should support continued participation in the Project for the proposed program year
and endorse a broad-based public policy approach to community improvement and the promotion of
a healthful environment for city residents.
SUMMARY OF PROGRESS TO DATE (2-page maxinuun)
Prepare a narrative description of:
A.
The project's focus for the previous program year and a restatement of the major goals and
objectives;
The progress made toward meeting the goals and objectives for the previous program year.
Problem areas and what was done, or will be done, to address these areas; and
An overall assessment as to how successful the project was in achieving the desired
outcomes.
B.
C.
D.
PROPOSED PROJECT
t/
Narrative (2-page maximum)
See page 2 for guidelines
Workplan (copy and use one form for each objective.)
See pages 3 & 4 for guidelines and form
A Roster of Project Steering Committee Members
Please include organizational affiliations as appropriate
Project Participation Agreement
See page 5 for form
Financial Assistance Request - Local Project Implementation
See page 6 for form
t/
t/
t/
t/
@ 1992 by Ihe Western Consortiumfor Public Heallh. All Righls Reserved.
m.c\fonn. folder 10118/95
II" ')
The City of Chula Vista's Parks and Recreation Commission held a meeting on July 18, 1996. A
quorum was not possihle at that meeting, therefore the Healthy Cities Project item could not
proceed to the City Council. The neIt meeting of the Commission will be August 15, 1996. It is
anticipated to have a quorum at that meeting, so the item may be presented to the City Council on
September ii, 1996. Following tbe City Council meeting, I will fax a copy of tbe approved
resolution supporting continued participation and endorsing a hroad-hased puhlic policy approach
to community improvement. The new resolution will approximate the following resolution:
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
SUPPORTING CONTINUED PARTICIPATION IN THE CALIFORNIA HEALTHY
CITIES PROJECT FOR FY AND 96/97 AND ENDORSING A BROAD-BASED
PUBLIC POLICY APPROACH TO COMMUNITY IMPROVEMENT AND THE
PROMOTION OF A HEALTHFUL ENVIRONMENT FOR CITY RESIDENTS
WHEREAS, on September 5, 1995, staff presented a proposal to the Council in
which the City would continue the California Healthy Cities Project for FY 95/96; and
WHEREAS, accompanying the application was a grant request of $7,500 to the
California Healthy Cities Project to help continue the proposed project: production of
youth newspaper; and
WHEREAS, on March 28, 1996, Parks and Recreation was informed that its
application and project proposal to the California Healthy Cities Project had been
accepted and a technical assistance grant of $7,500 was approved to implement the City's
second-year project; and
WHEREAS, based on the success of the second year, the City of Chula Vista has
been invited to file an extension proposal for a third year of funding; and
WHEREAS, staff requests Council approval of this extension.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
vista does hereby support continued participation in the California Healthy Cities Project
for FY 96/97.
BE IT FURTHER RESOLVED that the City Council does hereby continue to
endorse a broad-based public policy approach to community improvement and the
promotion of a healthful environment for city residents.
Presented by
Approved as to form by
Jess Valenzuela
Director of Parks and Recreation
Bruce M. Boogaard
City Attorney
II-I'
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this lilth day of September, 1996, by the following vote:
'"'I-'t'h.
AYES: Councilmembers:
NA YES:
Councilmembers:
ABSENT:
CouDcilmembers:
ABSTAIN:
Councilmembers:
Shirley Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA)
Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify
that the foregoing Resolution No. was duly passed, approved, and adopted by the
City Council at a regular meeting of the City Council held on the 10th day of Septem ber,
1996.
\-\'\ '-'\
Executed this--Hlth day of September, 1996.
Beverly A. Authelet, City Clerk
//...,
CITY OF CHULA VISTA
California Healthy Cities Renewal Application
SUMMARY OF PROGRESS TO DATE
A. State the project's focus for the previous program year and restate major goals and objectives.
The project's primary focus has been the recruitment and training of youth to produce a youth newspaper
that provides a communication medium for youth of the community.
Goal Statement:
To increase youth involvement and participation in positive and healthy activities in the City
ofChula Vista by informing youth through articles and published information about social
and health issues.
Objectives:
1. By August 3], ]996, at least]O youth, age 15-18, will produce six issues of the publication to distribute
to at least five thousand readers.
2. By August 3 ], ] 996, 50% or more of the youth publication's readers will report they have increased their
knowledge and awareness. The areas ofthe increase include: information on relevant health and social
issues, available programs and activities, and current events, and have changed their attitude toward their
general health because of the youth publication.
3. By August 3], ]996,20% or more of the youth publication's readers surveyed will report they have
changed their behavior, or intend to change their behavior. This change or intent to change will be due to
the information on relevant health and social issues, available programs and activities, and current events
contained in the youth publication.
B. State the progress made toward meeting goals and objectives for the previous program year.
I. 27 youth produced all six issues of lnfiniti Magazine. Twenty-nine thousand (29,600) copies, at an
average of 4,933 copies per issues, were distributed. At a conservative average of two readers per magazine,
we estimate a readership of approximately fifty-nine thousand six hundred (59,600). Distribution sites
included: IS junior/middle and high schools, colleges, youth serving agencies, and businesses.
2. As of July 31, ]996,475 surveys have been completed. The respondents taking the survey ranged in age
from] 2 - ] 9 years of age and were in grade levels ranging from 7th to 12th grade. Approximately 54% were
male and 46% female. Their individual ethnicities are as follows: 10% Anglo, 69% Latino, 2% Native
[lGB: HCIIlthy Cities Project + Renewal,96}
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City ofChula Vista
American, 7% Black, ] I % Asian, and I % indicated Other. At this time the survey consultant has not
completed all the analysis and computations of the surveys. The project is not able to infer any results of
increased knowledge regarding information on relevant health and social issues, available programs and
activities, and current events without the full report and analysis.
3. As stated above, as of July 3], 1996,475 surveys have been completed. The respondents taking the
survey ranged in age from ]2 - 19 years of age and were in grade levels ranging from 7th to ]2th grade.
Approximately 54% were male and 46% female. Their individual ethnicities are as follows: 10% Anglo,
69% Latino, 2% Native American, 7% Black, ] ] % Asian, and I % indicated Other. At this time the survey
consultant has not completed all the analysis and computations of the surveys. The project is not able to
infer any results of behavior change or intent to change at this time without the full report and analysis.
The survey consultant will complete the survey analysis and final report by September IS, 1996. At that time
a copy of the report will be sent to California Healthy Cities Project staff. The survey data and report will
be distributed to the Steering Committee members, City Staff, and area community organizations.
C. State the problem areas, what was done, or will be done, to address these areas.
No significant problems occurred this year. However, minimal access to computers continues to be a
challenge. ]n addition, San Diego Hay, a local Latino publication, closed business operations. Initially, this
was a setback, but two San Diego Hay staff members committed themselves to continue technical support
and mentoring for the project.
At this time the project cannot measure the success of reaching the outcome objective. The survey was given
to 475 respondents, however, the analysis and report are not complete. Due to personal problems in the latter
part of the program year, the survey contractor had to delay the release of the report. We cannot infer results
inferring changes in behavior and/or knowledge. The full survey report will be complete September] 5,
1996. At that time staff will forward a copy to California Healthy Cities Project Staff.
What will be done to address these problems in the next program year?
These problems will continue to be addressed by generating additional inkind support in the form of
computers. Inkind support will be solicited from local businesses and service clubs.
Contracting with a survey consultant at the beginning of the project year will address this problem in future
projects.
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City of Chula Vista
D. Give a general assessment about how successful the project was in achieving the desired outcomes.
Generally, the project has been successful in completing the process objectives. However, due to the delay
in the survey report, we cannot accurately determine the outcome objectives. We anticipate receiving the
survey report by September 15, 1996. The report will be distributed to the Steering Committee members,
City staff, and other interested parties. A copy of the survey report will be sent to California Healthy Cities
Project staff.
All the issues of Infiniti Magazine were printed and the numbers distributed doubled in the second year. The
number of copies printed, per issue, jumped from 4750 to 5075, with a per average issue count of 4,933. The
number of distribution sites rose, from 32, to 54 different locations. Sites have included local middle and
high schools, colleges, area businesses, youth serving agencies, libraries, and police stations to name a few.
From September 1995 through July 1996, four classes of the KIDZBIZ training program were completed
with 160 participants. As expected, some youth dropped out during the course; by the end ofthe training,
twenty-five of the youth graduated and moved onto the business area of lnfinili Magazine. Thirty additional
youth have helped in the layout and production of Infiniti Magazine. One to seven youth writers has
contributed articles and/or artwork for each issue.
Along with layout and advertising work, youth-staff compiled a distribution plan. Youth decided to
concentrate on Chula Vista, National City, Otay and San Ysidro areas of the South Bay. After surveying
areas with a high volume of youth, youth-staff met with designated contact people at each distribution point.
The contact enabled staff members to get comments about the circulation of the lnfiniti Magazine. Contact
people give information regarding the number of youth frequenting the area, the popularity of the newspaper,
seasonal nature or customers, and possible suggestions for other distribution points. With that information
available, youth make changes in the amount and placement of successive issues. Contact people are still
used to monitor circulation, but distribution of most of each issue is constant.
Obtaining advertising required much time and effort, but having a hard copy of the lnfinili Magazine made
the job of selling a bit easier. Youth have taken several approaches to obtain advertising including:
presentations, cold-calling, canvassing local businesses. Before each issue, youth discuss possible topics and
sources of information. The change in format, from black and white to full color, was appealing to
advertisers and readers. The youth oriented businesses and the youth, are responding favorably to the new
format. Advertising revenues support most of the printing costs and continue to increase. Twenty-three
different businesses have purchased advertising to cover 60% to 75% of the advertising cost.
Those youth involved directly with the production of the newspaper have developed skills to communicate
with their peers, and adults. They have learned a great deal as business people through their successes and
failures in the project. The process of trial and error in such an innovative project has taught them the need
for flexibility.
The Steering Committee will continue to meet informally to guide lnfiniti Magazine. Regular progress
reports and updates are shared at the monthly Youth Coalition and Chula Vista Cluster Coordinating Council
meetings. City staff provide regular updates to the City Manager, City Council members, and the Mayor.
New members have joined the Committee to better represent the community and programs within the
community.
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Description of the topical issues included in the magazine:
. Environment . Runaway and Homeless youth
. HIV/AIDS . Self-esteem
. Literacy . Social Services
. Peer Educators . Sports
. Pollution . Teen Pregnancy
. Rape . Tobacco
. Violence
The City of Chula Vista was able to receive support from the California Healthy Cities Project for a second year.
This allowed the project time to gain long-term support. The City of Chula Vista, South Bay Community Services,
and the other collaborative agencies believe this project will continue to be a tremendous success. At this point in
the project, with the increased advertising revenues, the youth's publication is stable and has essentially become
institutionalized into the operations of South Bay Community Service's KIDBlZ Program.
[JGB Healthy Cities Project - Renewa1.96]
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PROPOSED PROJECT NARRATIVE
Proposed Project:
Based on the success ofthe first and second year's project, the Parks and Recreation Department has been
invited to file an extension proposal for a third year project participation. Upon recommendations from the
California Healthy Cities' staff, the community was encouraged to develop a new project. Following research
and discussion with community members, the Steering Committee decided to focus efforts on a community
garden project.
In consultation with the Steering Committee, the proposed project will establish a community-school-based
garden project and after-school playground garden activities. Under the guidance ofthe City of Chula Vista
Parks and Recreation Department adults, youth, and children will be exposed to enhanced nutritional
information and direct food production techniques.
Chula Vista, previously an agriculture community and center of the nation's lemon industry, lacks a
community garden. The community garden would involve students, parents, teachers, and community
volunteers. Participants would help in the design and planning of the garden, soliciting inkind donations
from local businesses, developing a produce distribution plan, and developing long range goals for
sustainability ofthe community garden. It is hoped the inkind support from the community and the City will
lead to the sustenance ofthe community garden.
Following establishment of the community-school garden, after-school playground garden activities would
begin at Discovery and Lauderbach Elementary Schools. Principals at both sites have committed space to
develop the gardens. The after-school gardens are a way for youth to focus their energy into positive and
productive avenues.
To gain the broad base of support necessary for a project of this stature, staff approached the Chula Vista
Cluster Coordinating Council (CVCCC). The CVCCC is a representation of 41 different community
agencies and includes many parents and community members. The Parks and Recreation Department is a
founding partner in the CVCCC and has an excellent working relationship with the other member
organizations. The Department has collaborated with the CVCCC in projects including: the After-School
Playground Program, Late-Night Program, and Special Events. The CVCCC proposes space for the garden
to be at Vista Square Elementary School, the heart of the CVCCC and surrounding community.
The project will establish a community-school-based garden project and after-school playground garden
activities and curriculums. This will be done in collaboration with the Chula Vista Parks and Recreation
Department, Chula Vista Cluster Coordinating Council, Chula Vista Elementary School District, Chula Vista
Youth Coalition, and University of California Cooperative Extension - San Diego County 4-H Programs.
Facets of both programs would include: soil preparation, composting, beneficial insects, low-water irrigation,
food preparation and cooking classes, biology, chemistry, nutrition education and distribution strategies.
Children, youth, and adults would be exposed to enhanced nutritional information, food preparation
techniques, and direct food production.
IJGB Healthy Cities Project - Rmewal.96)
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Community volunteers and Master Gardeners, from the University of California's Cooperative Extension
Home and Farm Advisors program, will mentor youth in proper soil ph. levels, the use of beneficial insects
as an alternative to pesticide use, tilling the soil, constructing fences and raised beds, and installing a water-
efficient irrigation system. Youth participants will help in the design, construction, and planting of the
garden. In addition, the youth will help develop a marketing plan to solicit inkind donations from local
businesses. Teachers will have access to classroom curriculum and lesson plans to enhance the youth's
experience and to use the garden project as a learning tool.
The Steering Committee and Garden Project Sub-Committee members anticipate the pursuit of additional
funding sources to enhance and provide a more comprehensive program. One possibility the Committees
are excited about is developing a proposal for the Food For All Program. The Committee Members believe
that developing a comprehensive strategy toward food security is vital to the communities and
neighborhoods. In pursing the Food For All Program funds, the development of outreach farmers markets,
WIC coupon voucher redemption, truck gardening, and employment training in agriculture have been
discussed. Other potential funding and support opportunities may include: Captain Planet Foundation grants,
Otay Water District and Sweetwater Water Authority mini grants, California Nurserymen's Association
funding, and Chula Vista Elementary and Sweetwater Union High School Districts committing part of their
discretionary funds toward the development of additional curriculums and training for pupils.
The overall goal is to enhance the daily diet and nutritional intake for the residents of Chula Vista.
Additionally, it is hoped to improve the ability of low-income residents to become self-sufficient, have an
increased environmental awareness, have more information regarding nutrition and food nutrients, and
improve their quality of life. Through the CVCCC's BEACON Family Resource Center, participants will
have the opportunity to enhance their job and employment skills, literacy education, completion of aGED
or diploma, and many other self-esteem enhancing activities. Additionally, the Center will be the location
for the distribution of produce grown in the community-school garden. Through involvement with the
garden project, community members and youth will recognize the importance nutrition and environmental
issues have and the impact those issues have on their lives and the lives of their children.
The Garden Committee anticipates using a tally of the number of community members receiving produce
as the evaluation process. Initially, the produce grown will be distributed biweekly or monthly, depending
on the yield. As the garden progresses and matures, it may be necessary to distribute the produce weekly.
The distribution point will be the BEACON Family Resource Center, on the campus of Vista Square
Elementary School. The produce grown in the After-School Playground Programs will be sent home with
the youth and volunteers at each site. A log will be kept to determine the total number of produce recipients.
To ensure the classroom teachers use the agriculture and nutrition curriculums, a Teachers on the Garden
Committee will oversee this aspect of the project. The teachers will test the youth before they begin the
lessons. When the curriculum and lesson plans are complete, the teachers will test the same students to
determine the amount of agriculture and nutrition information learned.
During the project, the Steering Committee and the Garden Project Committee will investigate additional
strategies and policies for enhancing the nutritional needs of Chula Vista Residents. The Committees will
interact with the Mayor and City Council to determine the possibility and feasibility of establishing a Food
Policy Council. It may be determined that the Steering Committee could serve in this capacity with the
addition of committee members who are experienced in nutrition, agriculture, or food policy matters. This
will be explored and reported upon in the interim and final progress reports.
[JOB Healthy Cities Project - Renewal96]
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City of Chula Vista
The City's Human Services Coordinator would continue to serve as the project manager, and would be
responsible for completing and submitting the required reports to the California Healthy Cities Project.
Funds would be disbursed to the appropriate partners' agency upon receipt of appropriate expense
documentation.
A. Goal:
To meet the nutritional needs ofChula Vista residents including, adults, youths, and children.
Objective:
By September 3 I, 1997, the following will occur:
. A minimum of 250 families will be provided with fresh produce.
To support the goal and the objective, the following process objectives have been developed:
. Food production and nutrition education will be provided within the community of Chula
Vista through a minimum of four (4) courses;
. Access to fresh produce for low income children, youth, and families will improve; and
. Three (3) community-school-based gardens will be developed and built.
The process objectives listed above will serve to enhance the daily diet and nutritional intake for the residents
ofChula Vista including, adults, youths, and children. This will be accomplished through involvement with
nutrition and creative urban food production activities via existing and new collaboratives.
B. Target Population and Participating Sectors
The project targets adults, youth, and children in the South Bay area of San Diego. The two primary schools
involved, Vista Square Elementary and Chula Vista Junior High serves 1,995 students. These schools serve
an urban population that is ethnically, linguistically, and culturally diverse, falls in the lower socioeconom ic
third of the population, and has a high rate of unemployment. Seventy-five percent ofthe population are
minorities, of which 60% are Hispanic. Sixty percent of the students are eligible for free lunches, and
another 2% for reduced fee lunches. Additional community-school-based garden sites will include
Discovery and Lauderbach Elementary Schools.
(1GB: Healthy Cities Project - Renewal.96]
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City ofChula Vista
Participating Sectors are as follows:
. Chula Vista Youth Coalition, including:
American Red Cross, Boy Scouts of America, Boys & Girls Club ofChula Vista, Campus
Life, Chula Vista Elementary School District, Chula Vista Junior High School - BEACON
Family Resource Center, Chula Vista Library, ChuJa Vista Parks and Recreation, Chula
Vista Police Department, Chula Vista Safe Havens Program Planning Group, Chula Vista
Youth Commission, Church of the Most Precious Blood, Girls Scouts - San Diego & .
Imperial Counties, Healthy Starts, June Burnett Institute, San Diego Council of Community
Clinics, South Bay Family YMCA, South Bay Community Services, Sweetwater Union
High School District, Teen CrisisLine, University of California Cooperative Extension 4-H
Program;
· Chula Vista Cluster Coordinating Council (CVCCC), including:
American Red Cross, BEACON Family Resource Center, Boys and Girls Club, Downtown
Business Association, Chula Vista Human Services Council, Chula Vista Elementary School
District, Chula Vista High School, Chula Vista Literacy Team, Chula Vista Police
Department, Chula Vista Parks and Recreation, Community Health Group, Deaf
Community Services, Department of Health Services, Employment Development
Department, Episcopal Community Services-Head Start, Even Start, Feaster Elementary
School, First Baptist Church, Goodwill Industries, Haborside Elementary School, Home
Together, MAAC Project, Mueller Elementary School, Parent Representatives, Otay
Community Clinic, Rice Elementary School, Rohr Elementary School, San Diego Council
of Community Clinics, Salvation Army, University of California Cooperative Extension -4-
H, South Bay Community Services, Sweetwater Union High School District, Vista Hill
Behavioral Health Center, Vista Square Elementary School, YMCA; .
. Chula Vista Elementary School District;
. Chula Vista Parks and Recreation Department; and
· University of California Cooperative Extension - San Diego County 4-H Program
C. Creative or innovative approaches
The entire idea of urban gardening is a creative and innovative approach by itself. The project will enhance the daily
diet and nutritional intake for the residents of Chula Vista. Additionally, the project will expose residents to food
production ideas and activities. This will be achieved through the collaborative efforts of the agencies listed in
Section B.
In researching garden projects and collaboratives, staff received information and consultation from project staff of
the cities of Berkeley and Escondido. The information proved useful, with some modification, in developing key
activities.
(JOBe Healthy Cities Project _ Renewa]96]
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City of Chula Vista
D. Anticipated Outcomes
The anticipated outcomes are related to the goals of the project. From the establishment of a community-
school garden and after-school playground gardens include:
I. An increase in knowledge about food production and nutrition.
2. An increase in community volunteers and commitment to a healthy lifestyle.
3. An increase in classrooms using food production and nutrition curriculums.
E. Evaluation
The effects and progress of the garden activities will be evaluated throughout the project. The process
evaluation will determine the following. The total number of adult, youth, and child participants involved
with the garden; The number of total volunteer hours; The varieties of produce grown will be counted to
determine produce yields and the amounts produced; Inkind donations and contributions will be recorded
and tracked. The teachers using the agriculture curriculum in their classrooms will informally ask students
how they liked the produce the youth grew, prepared, and consumed.
In addition to the process evaluation, tbe outcome evaluation will determine the overall success of the
project. To establish the success of the goal, the total number of community members and families receiving
fresh produce grown in the school-community-based gardens will be monitored and logged throughout the
project.
F. Share information
Curriculum, gardening techniques, xeriscaping and low-water usage, and recipes are some of the information
that will be shared with interested parties. That may include: The community at large, Chula Vista Cluster
Coordinating Council, Chula Vista Elementary School District, Chula Vista Tobacco Education Project,
Chula Vista Youth Coalition Agencies, City Departments, the Mayor and the City Council. Additionally,
flyers, lesson plans, curriculum, key activities, and other information will be shared with other interested
communities and cities.
[JGB: Healthy Cities Project - Rnewl.[ 96)
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City of Chula Vista
PROJECT WORKPLAN
1996 - 1997
Goal Statement:
To meet the nutritional needs of Chula Vista residents including, adults, youths, and
children.
Objective:
By September 30,1997, the following will occur:
. A minimum of 250 families will be provided with fresh produce.
To support the goal and the objective, the following process objectives have been developed:
. Food production and nutrition education will be provided within the community of Chula
Vista through a minimum offour (4) courses;
. Access to fresh produce for low income children, youth, and families will improve; and
. Three (3) community-school-based gardens will be developed and built.
The process objectives listed above will serve to enhance the daily diet and nutritional intake for the residents
ofChula Vista including, adults, youths, and children. This will be accomplished through involvement with
nutrition and creative urban food production activities via existing and new collaboratives.
Year 2000 Objectives: To increase complex carbohydrate and fiber-containing foods in the diets of adults
(Objective 2.6) to five (5) or more daily servings for vegetables including legumes and fruits, and
to six (6) or more daily servings for grain products.
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Key Activities
GARDEN DATES
l. The Steering Committee and Garden Project Sub-Committee October 1996
members, teachers, City staff, and the Community Garden
Coordinator will recruit experts to advise, teach, and educate
children, youth, and families on gardening techniques.
2. The Steering Committee and Garden Project Sub-Committee October 1996 -
members, teachers, City staff, and the Community Garden January 1997
Coordinator will solicit inkind donations. These may
include: fencing, lumber, and irrigation materials. Those
items not acquired via inkind donations will be purchased.
3. Community volunteers and Master Gardeners, from the January 1997 -
University of California's Cooperative Extension Home and June 1997
Farm Advisors program, will mentor youth in proper soil ph.
levels, the use of beneficial insects as an alternative to
pesticide use, tilling the soil, constructing fences and raised
beds, and installing a water-efficient irrigation system.
4. Youth, children, family and community volunteers will build December 1996 -
raised beds. The plans for the beds will be developed with January 1997
the Garden Project Sub-Committee.
5. The Steering Committee and Garden Project Sub-Committee December 1996-
members, teachers, City staff, and the Community Garden January 1997
Coordinator will solicit top soil, compost, amendments, and
mulch as inkind donations. Those items not acquired via
inkind donations will be purchased.
6. Children, youth, families, and community members will January 1997
plant and care for the seeds and seedlings.
7. Maintenance, weeding, fertilizing, watering, and pest control January 1997 -
will be done regularly under the direction of the Community September 1997
Garden Coordinator, after-school playground staff, and the
teachers involved in the project.
8. Distribution of fruits, vegetables, and herbs produced will be March 1997 -
done weekly. This will be done under the direction of the September 1997
Community Garden Coordinator, after-school playground
staff, and the teachers involved in the project.
9. In addition to the Garden Committee, a decision making January 1997 -
group/policy/board will be developed. This group will be September 1997
responsible for the ongoing garden activities and
sustainability of the community garden.
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City of Chula Vista
Key Activities
LESSON PLANS/CURRICULUM/ACTIVITIES DATES
l. The lead teacher on the Garden Committee will research October 1996
current lesson plan/curriculum/activity options.
2. The lead teacher and/or City staff will order materials, November 1996
supplies, and books.
3. City staff will begin new component of after-school program January 1997
activities.
4. Teachers will incorporate curriculums and activities into January 1997
classroom lesson plans.
5. Teachers develop and carry out the tests/surveys before and December 1996
after the use of the curriculum.
CHILD, YOUTH, AND ADULT INVOLVEMENT DATES
1. The Garden Committee Personnel Subcommittee will October 1996
develop job description for Community Garden Coordinator
to be responsible for the garden at Vista Square.
2. Nominate individuals and/or advertise for Coordinator October 1996
position.
3. The Personnel Subcommittee will interview candidates. November 1996
4. The Garden Committee will hire Coordinator. December 1996
5. San County 4-H and the Food Nutrition Education Program January 1996 -
(FNEP) will offer nutrition cookinQ. and QardeninQ classes. Seotember 1997
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City of Chula Vista
Key Activities
STEERING COMMITTEE DATES
1. The Garden Committee will meet monthly to discuss Octoher 1996 -
progress of project activities. September J 997
2. The Garden Committee and the Steering Committee will May] 997
meet to discuss efforts and ideas for ongoing projects.
3. The Garden Committee will meet two - three times to July] 997 -
evaluate the project. September 1997
PROGRAM EV ALVA TION DATES
1. Monitor progress and update necessary information. October J 996 -
(See Process Evaluation) September] 997
2. Teachers, Garden Coordinator, and City staff will track and October 1996 -
monitor the number of participants, volunteers and total September] 997
number oftheir hours.
3. The Garden Committee and the Steering Committee will July 1997 -
evaluate the program to see how well objectives have been September] 997
achieved.
Process Evaluation:
Establishment of the gardens; Number of youth involved in the after-
school playground site's mini gardens; Inkind dollar amounts; Sign-in
lists from community education classes; Total number of volunteer
hours; Number of varieties grown and the amounts produced.
Outcome Evaluation:
The total number of families receiving fresh produce grown in the
school-community-based gardens.
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Steering Committee
To enhance community participation, the Steering Committee and the Garden Committee continue to recruit
parents and community members from the garden site areas. This will be an ongoing process for the duration
of the gardens.
Bartindale, Jennifer · (619) 691-5109 Beardsley, Joyce (619) 585-5619
Human Services Coordinator FAX 691-5109 Senior Recreation Supervisor FAX 585-5612
Chula Vista Parks and Recreation Department Chula Vista Parks and Recreation Department
276 Fourth Avenue 276 Fourth Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
Buettner, Mary Jo · (619) 422-8374 Garcia, Lupe · (619) 427-6954
Project Coordinator FAX 691-1086 Program Coordinator FAX 427-6954
Healthy Starts Collaboration BEACON Family Resource Center
540 "G" Street 540 "G" Street
Chula Vista, CA 91910 Chula Vista, CA 91910
Hubbard, Tris (619) 422-8354 Manglallan, Sue · (6]9) 694-8836
Staff Associate 4-H Youth Development Advisor/
Chula Vista Human Services Council Chula Vista Youth Coalition
313 Windjammer Circle 5555 Overland Avenue, Building 4
Chula Vista, CA 91910 San Diego, CA 92123
Merlino, Gene · (619) 422-1642 Valenzuela, Jess (619) 691-5273
Director Youth Services Director FAX 585-5612
Episcopal Community Services - Head Start Chula Vista Parks and Recreation Department
1637 Third Avenue, Suite I 276 Fourth A venue
Chula Vista, CA 919] I Chula Vista, CA 9]910
Garden Project Committee Members'
Davis, Judy. (619) 468-3857
Master Gardener - Com poster
Post Office Box 698
Jamul, CA 91935
Deichler, Martha ·
Teacher
Vista Square Elementary
(619) 422-9374
FAX 427-1086
Higginson, Robyn ·
Teacher
Vista Square Elementary
(619) 422-9374
FAX 427-1086
(JGB Healthy Cities Project. Renewal 96]
Felber, Barbara. (6]9)427-3184
President, Chula Vista Garden Club
1272 Pecan Place
Chula Vista, CA 9]911
Roberts, Paula. (619) 420-1413
Public Information, Sweetwater Authority
Post Office Box 2328
Chula Vista, CA 91912
Tubiolo, Jan. (619) 670-2290
Otay Water District Representative
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city of Chula Vista
PROJECT PARTICIPATION AGREEMENT
Requirements of Participation for
Program Year Sppj-pmhpr 1.1 qqh to l\ngn<:j- 11, 1 qq7
As an Active Project Participant, I agree to:
t/ Attend Project -sponsored regional meetings;
t/ Participate in the evaluation of the Project, both statewide and locally;
t/ Share resources, strategies, and experiences with projects in other cities as well
as the statewide Project; and
t/ Report progress of local activities to the statewide Project, which will require
the submission of two progress updates and one final report. (Reporting periods
(JJ'ld due dates for progress reports in effect will continue to apply.)
9/ f) ~
;::i(y Manager (Signature)
, :? { - 7y
Date Signed
California Healthy Citi~s Project Renewal Application
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Page 15
City of Chula Vista
FINANCIAL ASSISTANCE REQUEST
Local Project Implementation
REQUESTED BUDGET
ITEM CITY COMMUNITY HEALTHY TOTAL
CITIES
1. Human Services Coor. $5,520.00 $0 $0 $5,520.00
2. Garden Project COOT. $0 $0 $1,200.00 $1,200.00
3. Fencing $0 $3,000.00 $1,200.00 $4,200.00
4. Irrigation $0 $1,500.00 $800.00 $2,300.00
5. ToolslEquipment $0 $1,000.00 $2,180.00 $3,180.00
6. Planting Materials $0 $2,000.00 $1,000.00 $3,000.00
7. Soil and amendments $48,000.00 $4,000.00 $250.00 $52,250.00
8. Curriculum/Copies $500.00 $250.00 $310.00 $1060.00
9. Training/Meetings $150.00 $150.00 $540.00 $840.00
10. TelephonelUtilities $250.00 $1,000.00 $0 $1,250.00
II. Supplies $400.00 $200.00 $0 $600.00
TOTAL $54,820.00 $13,100.00 $7,500.00 $75,420.00
Budget Narrative
I. The City's Human Services Coordinator will be responsible for completing and submitting the required
reports to the City Council and the California Healthy Cities Project. The Human Services Coordinator may
attend necessary training, seminars and/or conferences. The City contribution is calculated at $21.23 per
hour, based upon five (5) hours per week, for 52 weeks of the year. The amount includes all applicable
taxes, Medicare, and benefits.
2. The Community Garden Coordinator will receive a stipend of $1 00.00 each month. Members of the Chula
Vista Cluster Coordinating Council will nominate the candidate. The ideal candidate will be the parent of
a child enrolled at Vista Square Elementary School. The Community Garden Coordinator will oversee the
garden on weekends, holidays, and when school is on intersession. This person will help the lead teachers
in soliciting and organize inkind materials, supervise youth working in the garden, and monitor the types and
amounts of produce grown. In addition, the Community Garden Coordinator will organize the weekly
distribution of the produce.
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3. Fencing will inclose three additional sides of the garden site at Vista Square Elementary School. The fence
will be a chain link with post cemented in the ground and will include two gates and one 16' wide
equipment/vehicle gate. The cost, $4,200.00, is estimated for 180 linear feet of installed heavy-duty chain-
link fence, per Chula Vista Unified Elementary School District's specifications.
4. Irrigation and drip systems will be installed for maximum water conservation. This includes pipes, hoses,
joints, and other parts of the irrigation system and is based upon a total cost of $2,300.00.
5. Tools will include rakes, shovels, wheel barrels, and small hand tools such as trowels and hand spades.
Many tools will be child size for younger children to work in the gardens. Equipment may include: rototiller
rental, cement mixer, or any other needed rentals. The total amount is $3,180.00.
6. Planting Materials will be as seeds, seedlings, and established plants. Most of the $3,000.00 costs for the
materials will be community donations.
7. Soil amendments will enrich the nutrient level of the soil. The amendments may include compost, manure,
nitrogen, and other organic materials. The City of Chula Vista will donate at least 50 yards per month of
compost and mulch for the three garden sites. The total cost is computated at $40.00 per yard, for a total of
$52,250.00 for the project year.
8. Curriculum!Lesson PlanslCopies/Printing purchased to enhance the lesson plans both in the classrooms and
at the playground sites. The $1060.00 cost includes reproduction and printing of the plans and any other
materials necessary for the project.
9. A total of $540.00 is requested as part of this application to cover expenses related to attendance and
participation in Healthy Cities Project meetings and/or training opportunities by the Human Services
Coordinator. This includes the California Healthy Cities Project Annual Conference and City Representative
meeting in Spring 1997. Expenses may include: The Annual Conference registration fee, hotel expenses,
airfare, mileage, and parking expenses. The contribution from the City and the Community will be $300.00
for this line item. This will allow City staff, Garden Committee, and volunteers to attend trainings andlor
conference that will benefit the project. Examples of additional trainings include: the Harvest of Knowledge
Conference (October 5, 1996) and the Del Mar Exposition (June 22, 1997 - July 5, 1997).
10. Telephone and Utilities including: electricity, gas, and water, are estimated for a total of$I,2500.00 for the
project year.
11. Supplies may include: paper, pens, pencils, staples, clips, and any miscellaneous items. $600.00 is the total
estimated cost for the project year.
lJGB. HealthyCilies Project. Renewal 96]
17
//".21-
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item: I j.
Meeting Date: 11/26/96
/8'61.,
Resolution Approving an Amendment to the Advanced Life Support
(Paramedic) Service Contract with Hartson Medical Services in Accordance with
the Terms Set Forth in the Staff Report and Directing the City Attorney to
Prepare the Amendment in Accordance with Said Terms and Directing Staff to
Evaluate the Potential Effects of the City of San Diego's Restructured Advanced
Life Support System on t~e ~ula Vista Operating Area.
Fire Chief 1~ ~
City Manager~G bQ
(415ths Vote: Yes_No-X.)
SUBMITTED BY:
REVIEWED BY:
Pursuant to Council action in 1993, Staff had intended to competitively bid the Advanced Life Support
(Paramedic) exclusive contract which expires in April of 1997. Recent events involving a major
system redesign of "managed care" Advanced Life Support (ALS) transportation in the City of San
Diego now suggests that it may be prudent to extend the current agreement with Hartson Medical
Services for sufficient time to evaluate how San Diego's restructured ALS system will affect Chula
Vista.
RECOMMENDATION:
That Council:
(1.) Direct Staff to evaluate the potential effects of the City of San Diego's restructured ALS
system on the Chula Vista operating area over the first six months of operation, prior
to competitively bidding these services; and
(2.) Approving an amendment to the advanced life support (paramedic) service contract with
Hartson Medical Services in accordance with the terms set forth in the staff report and
directing the City Attorney to prepare the amendment in accordance with said terms.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
The existing agreement with Hartson Medical Services provides for three three-year extensions after
the initial term which expired in 1994. Following the threat of litigation in 1993 by Sterling Ambulance
Company concerning Hartson's exclusive provision of Basic Life Support service in Chula Vista, the
City Council approved three actions: (1) the exclusive Agreement with Hartson for ALS service was
to be extended for three years; (2) the Agreement was to be amended to delete Basic Life Succort
(BLS) service exclusivity by Hartson in Chula Vista (therefore opening it up to other providers); and
(3) ALS service was to be competitively bid after April 30, 1997. Subsequent to Council's action: (1)
the Hartson contract was extended for three years, (2) the agreement was bifurcated to delete BLS
exclusivity, and (3) Hartson has been formally notified that the City may exercise its right to terminate
the agreement effective April 30,1997.
As staff began preparing for the RFP process to go out to bid for Advanced Life Support service, it
became apparent that a number of factors could greatly affect the scope and nature of an RFP for
/-2 --I
Item: I ~
Meeting Date: 11/26/96
Page: 2.
ALS services in the Chula Vista area, specifically:
A. The Evolution of Managed Care and ALS System Availability
"Managed care" and the concept of ALS (paramedic) operations continues to evolve at a rapid
rate. Currently, Hartson and other similar service providers run two levels of operation: ALS
(paramedic) and BLS (non-paramedic). BLS units generally have two EMT -certified personnel
and are trained to handle the more routine, non-life threatening calls for service, including
transports to medical care facilities. ALS units, on the other hand, generally run with two
paramedic personnel and are equipped and trained to handle a wide range of medical
emergencies, including transport of the most seriously ill/injured patients to medical care
facilities.
The City of San Diego is proposing to modify the staffing requirements for ALS ambulance
units to permit ALS units to be staffed with one paramedic and one EMT/Driver. The second
paramedic would be provided by the San Diego Fire Department engine company responding
to the same incident. This staffing savings realized by the private provider could create greater
funding latitude to stabilize rates, place more ALS units in service, assist first responder fire
departments in funding emergency medical supplies and equipment, or any combination of
these items. All of these issues could have significant implications for ambulance service in
Chula Vista.
B. City of San Diego ALS Contract
The City of San Diego is in the process of competitively bidding its ALS service contract, and
intends to have the contract awarded for a July 1, 1997 start date. Of particular importance
here is the fact that the provider ultimately selected for the City of San Diego operating area
will have a significant impact on the Chula Vista ambulance system, as it closely interfaces with
Chula Vista's, National City's, and Imperial Beach's, providing additional peak and overflow
service when units dedicated to these areas are busy1. As call volumes into Chula Vista's
eastern territories increase, it is anticipated that under a new San Diego system there will be
an increased reliance on automatic aid coverage in southern Chula Vista. If San Diego
moves, as proposed, to a single paramedic model, Chula Vista would need to evaluate the
automatic aid relationship to ensure that there would be no reduction in service to Chula Vista
system users.
The City of National City, which contracts for Hartson's services the same as Chula Vista has
extended its contract with Hartson for three years in order to allow sufficient time for the San
Diego bid and its impacts to be clarified. It is felt that coordinating with neighboring ALS
service providers in order to maximize overall system coverage and mutual support is the
1 For information, Hartson operates under a performance-based contract with Chula Vista,
which requires that they respond to 90% of the calls for service within 10 minutes citywide.
Currently, Hartson runs two ALS units in Chula Vista, and supplements service with the National
City and Imperial Beach units. This system has consistently put Hartson in compliance with the
response time standard.
/.2 - '-.
Item: I ~
Meeting Date: 11/26/96
Page: 3.
highest priority.
Staff ProDosal to Facilitate Further Evaluation of Area ALS Service RelationshiDs
Taking the above items into consideration suggests that it may be prudent to amend Chula Vista's
current agreement with Hartson to allow sufficient time to evaluate the exact scope and design of the
San Diego contract and how the "managed care" relationships between the hospitals and ambulance
companies will emerge. It is felt that taking a "wait and see" approach at this point would prove to be
the most beneficial position for the City.
San Diego will be awarding their ALS contract later this coming winter, in time for the provider to begin
service on July 1, 1997. It would be Chula Vista staffs intention to make a final evaluation of San
Diego's system after an adequate time period (i.e. six months of service by the new ALS provider).
At that time, Chula Vista would then be in a more advantageous position to evaluate a number of
issues to be included in an RFP for our own competitive selection process.
From a practical perspective, approximately 18 months from the expiration of the current agreement
period would be needed to complete the process:
. . 1r18"'111I111'=1'11: !lt1r~'Jlll'lllllll!rlillillll!~1
~lllllr~r~llillrialr.fll!l~IIJ.lr'~lllIllfiffl~I'~l1.!1111ililllllilrfl"lllltif.f'~
Agreement Expiration (April 30) to July 1 , '97 July 1 , 1 997 2
to coincide with new San Diego provider start
San Diego Provider Evaluation Period January 1 , 1 998 6
EvaluationlWrite RFP April 1 , 1 998 3
RFP Out to Bid June 1 , 1 998 2
Selection of Provider August 1 , 1 998 2
Transition Period for Provider November 1 , 1 998 3
i!II.lftf~~fJr.IJ.~I~dll~f:IIIIIIIII~I~lfllllf[fI:f.'illil1IIIIIijlllllljlllr~~I~IIIII~!i iill'~llt!lflt~!llIJJ11ftfll!llllf~lt~ltl"[lil ~1![rl~1tJf"~~f~lllil~II!lliJlilillr.1f.t!fil[J,~ij[!
In the event Council elects not to extend the agreement with Hartson Medical Services as proposed
above by Staff, proceedings would continue toward issuing an RFP for providers to competitively bid
for these services.
Medical SUDDlies Procurement bv Hartson for the Fire DeDartment
Staff has had discussions with Hartson Medical Services for some time regarding a program where
Hartson would supply the Fire Department with the emergency medical materials necessary for the
Fire Department to adequately support Hartson's field operations through the First Responder system.
These materials include a variety of items such as: bandages, airways, gloves, blood pressure cuffs,
defibrillator supplies, protective glasses, masks, gowns, antimicrobial soap, tape, and suction units.
Hartson has agreed to procure these items (up to $7,000) for the Fire Department and deliver them
1,2" J
Meeting Date: 11/26/96
Page: 4
directly to Fire Station #1 for further distribution to the outlying stations. In the event that future
changes in federal, state, or local regulations require additional Personal Protective Equipment or
other medical equipment or supplies in support of Emergency Medical Services operations causing
the $7,000 cap to be exceeded, it has been agreed that the parties would negotiate in good faith to
adjust the maximum limits of Hartson's contribution for the additional items. The same would be true
if Hartson and the City, by mutual consent, agree to utilize new equipment in the field to enhance
patient care.
Amendment to the Existlna Aareement
M amendment to the existing agreement is being negotiated with Hartson Medical Services to include
the following general provisions:
(1) A new contract period, commencing May 1,1997 for 18 months;
(2) A Termination for Convenience clause;
(3) Re-supply by Hartson of the Fire Department medical supplies and related emergency
medical equipment, including Personal Protective Equipment and disposable
defibrillator supplies, not to exceed $7,000 per fiscal year; and
(4) Hartson to continue to dispose of medical waste materials used in patient care.
FISCAL IMPACT: The procurement of medical supplies by Hartson for the Fire Department would
result in a savings to the General Fund of approximately $7,000 per fiscal year. The contract
extension for 18 months, however, will have no direct fiscal impact on the City; the City could realize
substantial benefit by allowing the emerging ALS service structure to solidify before participating in
our own competitive selection process. This action would result in no rate impact to the users of the
system; any request by Hartson during the extension period for a rate adjustment would be brought
before the Council for review as has been practiced in the past.
I:J ., I.(
RESOLUTION NO.
l'8'fdY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
ADVANCED LIFE SUPPORT (PARAMEDIC) SERVICE
CONTRACT WITH HARTSON MEDICAL SERVICES IN
A<;:CORDANCE WITH THE TERMS SET FORTH IN THE
STAFF REPORT AND DIRECTING THE CITY ATTORNEY
TO PREPARE THE AMENDMENT IN ACCORDANCE WITH
SAID TERMS AND DIRECTING STAFF TO EVALUATE THE
POTENTIAL EFFECTS OF THE CITY OF SAN DIEGO'S
RESTRUCTURED ADVANCED LIFE SUPPORT SYSTEM ON
THE CHULA VISTA OPERATING AREA
WHEREAS, pursuant to Council action in 1993, staff had
intended to competitively bid the Advanced Life Support (Paramedic)
exclusive contract which expires in April of 1997; and
WHEREAS, recent events involving a major system redesign
of "managed care" Advanced Life Support (ALS) transportation in the
city of San Diego now suggests that it may be prudent to extend the
current agreement with Hartson Medical Services for sufficient time
to evaluate how San Diego's restructured ALS system will affect
Chula vista.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
ci ty of Chula vista does hereby approve an amendment to the
Advanced Life Support (Paramedic) Service Contract with Hartson
Medical Services in accordance with the terms set forth in the
staff report and directing the City Attorney to prepare the
amendment in accordance with said terms and direct staff to
evaluate the potential effects of the City of San Diego's
restructured advanced life support system on the Chula vista
operating area.
BE IT FURTHER RESOLVED that
Chula vista is hereby authorized and
Amendment, in the form prepared by the
behalf of the City of Chula Vista.
the Mayor of the City of
directed to execute said
city Attorney, for and on
Presented by
Approved as to form by
James Hardiman, Fire Chief
CL L1 ~9---SL
Ann Y. Moore, Asslstant
City Attorney
c: \rs\ALS.ext
/~"'..5
CITY COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE: 11/26/96
~
ITEM TITLE: Report status of Alleged violations of
Campaign Ordinance
SUBMITTED BY: City Attorney ~~
(4/sths Vote: Yes___No-ZI
The City Council at its meeting of November 19, 1996 directed the
city Attorney's office to discuss alleged campaign ordinance
violations of Chapter 2.52 of the Chula vista Municipal Code.
The city Attorney will be presenting an oral report.
13~/
COUNCIL AGENDA STATEMENT
Item No.
I~
Meeting Date 11/26/96
ITEM TITLE
Report: Review of Compliance by Chula vista Bay
Club Ltd. with Cardroom Regulations, Chula vista
Municipal Code Chapter 5.20; Ratification of
proposed Settlement Agreement Fine and Approval of
Transfers of Interests in the Cardroom License; or
(2) Revocation of the Cardroom License
Resolution I r~1 - Fining the Chula vista Bay
Club Ltd. for violation of Cardroom ordinance
SUBMITTED BY
City Manager
4j5ths Vote: Yes___ No-X-
This item will be delivered separately on Friday, November 22,
1996.
I~'I/
COUNCIL AGENDA STATEMENT
Item No. Jtj-
Meeting Date 11/26/96
SUBMITTED BY
Report: Review of compliance by Chula vista Bay
Club Ltd. with Cardroom Regulations, Chula vista
Municipal Code Chapter 5.20; Ratification of
Proposed Settlement Agreement and Approval of
Transfers of Interests in the Cardroom License;
Resolution ) frSt/9 - Ratifying the Settlement
Agreement with Chula vista Bay Club Ltd.
city Manage~ 4/5ths Vote: Yes___ No-X-
ITEM TITLE
The Chula vista Bay Club Limited partnership (CVBC Ltd.) obtained
City Council approval on July 17, 1990 to operate two separate, but
consolidated, cardroom licenses. To date these licenses have not
been utilized in that no cardroom has been in operation under these
licenses. During this time, there obviously has been no violation
in the operation of the cardrooms; however, there have been
violations of the resolution approving these cardroom licenses as
well as the city's Municipal Code. These violations involve
changing ownership of the licenses. This violates the Municipal
Code provision that precludes any transfer of the financial
interest in the cardroom prior to that cardroom license being in
operation, and with notice to and approval by the city.
The recommendation of this report is to enter into a settlement
agreement that would involve a financial consideration, as well as
set reasonable reporting timelines, and clearly stating CVBC's
obligations to the city of Chula vista.
This report was prepared with the assistance of the police
Department and the city Attorney's Office.
RECOMMENDATION:
Ratify the Settlement Agreement with the Chula
vista Bay Club Limited Partnership; Setting
Ground Rules for Future Ownership Changes and
Approving Transfers of Interests in the
Cardroom License Excluding the Latest Request.
BOARD/COMMISSION
RECOMMENDATION:
N.A.
1
Ilf-~ /
BACKGROUND
The city council ratified the transfer of two cardroom licenses,
held by the Action Club and Xanadu Club, to Aram Zennedjian, an
individual, in separate actions on January 16, 1990 and July 10,
1990. Subsequently, in a clarifying action on July 17, 1990, CVBC
Ltd. obtained city Council approval to operate the two separate,
but consolidated, cardroom licenses via Resolution 15727. This
change was made in an effort to ensure the Licensee recognized by
the city accurately disclosed all parties having a financial
interest in the consolidated license. specifically, the ownership
was as follows:
Chula vista Bay Club Ltd. consisted of:
George Tumanjan 50%
Aram Zennedjian 49%
Chula vista Bay Club Inc. 1%
The Chula vista Bay Club Inc. is the Managing General Partner
of CVBC Ltd. and 79% was owned by the California Commerce Club
Inc., and 21% by Aram Zennedjian. The ownership of the
California Commerce Club (CCC) was made up of 34 individuals,
the principal owners who were as follows:
John Mgrdichian
Bertha Bailey
Haig Papian Sr.
Laura Federico
George Tumanjan
17%
9%
8%
6%
6%
The remaining ownership of the CCC on July 17, 1990 was made
up of twenty-nine individuals, each owning less than a 4%
interest in that club.
Through the staff investigation, it appeared that there were
inconsistencies in the written and verbal correspondence between
the attorneys for the parties owning the two licenses and the city.
Basically, the ownership reflected in 1990 changed in the
transaction which occurred in 1994, which is now asserted as the
current ownership of the Chula vista Bay Club Ltd. and Chula vista
Bay Club Inc.
In very basic terms, what happened is that the ownership reflected
in 1990 changed in a transaction which occurred in 1994 and the
current ownership is reflected in the following chart.
2
/1/"' )...
OWNERSHIP AS REPORTED BY CHULA VISTA BAY ATTORNEYS
Chula Vista Bay 7/90/90 3/22/94
Club Limited
George Tumanjan 50% 99%
Aram Zennedjian 49% 0%
Chula vista Bay 1% 1%
Inc.'
The participants in the ownership of the Club's Limited Partnership
are basically the same, but the proportionate shares of that
ownership changed in that one individual sold his interest to
another. This, however, still violates the Municipal Code in that:
1. The Licensee failed to advise the city council of the
transaction;
2. The transfer was not approved by the Chief of police, nor
ratified by the city Council; and
3. The license has never been in operation at a fixed location in
the City2.
It is clear, based on the administrative investigation conducted,
that there has been a pattern of less than timely, complete and
reliable disclosure of events and facts. CVBC Ltd. failed to
provide timely disclosure of information pertinent to the facts of
personnel and corporate financial ownership of the Club and the
CCC.
While there may be options to revoke the permit or levy a fine, a
settlement agreement is recommended in order to approve the
transfers of interest in the cardroom licenses, to set reasonable
reporting guidelines and clearly stating CVBC's obligation to the
city. This settlement was based upon the actual staff costs of
conducting an administrative investigation and other follow-up
'This entity is the General Partner, consisting of 79 shares
owned by the California Commerce Club, Inc. and 21 shares by George
Zennedjian in 1990. Under the change of ownership in 1994, the 21
shares owned by Zennedjian were transferred to Tumanjan.
2section 5.20.030 of the Municipal Code states that the
transfer of a cardroom license cannot occur "unless the holder
thereof has been operating a cardroom for three years at a fixed
location in the city."
3
/'1"3
work, applying the full-cost recovery factor plus adding an
additional charge. Taking into account the hours spent in terms of
investigating this matter in both the Police Department and the
city Attorney's Office, these costs currently total $27,733.66.
Additional time has been spent by the Chief of Police and members
of the city Manager's Office;however, that time and cost is
reflected in the full cost recovery factor. In addition, in order
to achieve the settlement, it is proposed that a total amount of
$40,000 be paid by the license holders, as well as agreeing to
adhering to the strict requirements imposed by Resolution No. 15727
and Chula vista Municipal Code 5.20.030. They also agree to adhere
to the reporting requirements contained in the proposed settlement
agreement.
As a matter of further disclosure, the City Council should be aware
that Andrew Schneiderman, Vice President and General Counsel of the
CVBC Ltd. advises, as of last July, "On the prospective basis, Mr.
Tumanjan would like to transfer his full partnership interest to
the California Commerce Club, Inc." This is a change from the 1990
city Council directive, would be an ordinance violation without
proper notification, review and approval and would not be allowed
until the license is in operation in Chula vista for three years.
This will advise you that this prospective ownership change is not
analyzed in this report, is in no way subject to or included in the
Settlement Agreement before the City and would need to be processed
separately per the gaming regulations of the city of Chula vista.
FISCAL IMPACT
Approval of staff's recommendation would result in a payment to the
City of $40,000. This would have the effect of reimbursing city
staff for the time expended, plus an additional charge. These
monies would be deposited into the General Fund.
JDG:mab
4
If,i
Revised 11-26-96
RESOLUTION NO. 18509
fit
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING THE SETTLEMENT AGREEMENT
WITH THE CHULA VISTA BAY CLUB LIMITED
PARTNERSHIP AND APPROVING TRANSFERS OF
INTERESTS IN THE CARDROOM LICENSE
WHEREAS, the Chula vista Bay Club Limited Partnership
obtained City Council approve on July 17, 1990 to operate two
separate, but consolidated, cardroom licenses; and
WHEREAS, to date these licenses have not been utilized in
that no cardroom has been in operation under these licenses; and
WHEREAS, during this time, there obviously has been no
violation in the operation of the cardrooms; however, there has
been a violation of the resolution approving the cardroom licenses
as well as the city's Municipal Code; and
WHEREAS, these violations involve changing ownership of
the licenses; and
WHEREAS, while there were no new names added to the
licenses, one name was deleted and the proportionate share of the
other owner's ownership was increased which violates the Municipal
Code provision that precludes any transfer of the financial
interest in the cardroom prior to that cardroom license being in
operation, and with City approval; and
WHEREAS, staff's recommendation is to not revoke the
license for the two cardrooms, but to negotiate a Settlement
Agreement.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby ratify the Settlement Agreement
with Chula vista Bay Club Limited Partnership, a copy of which is
on file in the office of the city Clerk as Document No.
BE
authorized and
of the citv.
BE IT FURTHER RESOLVED that the citv Council does hereby
approve transfers of interests in the Cardroom License as set forth
in Attachment 2. incorporated herein bv reference as if set forth
in full.
IT FURTHER RESOLVED that the Mavor is herebv
directed to execute said Aqreement for and on behalf
Presented by
Approved as to form by
Richard P. Emerson, Chief of
Police
An~';-M~r~~
Attorney
city
c: \rs\CVBC. fin
JIf .,~
ATTACHMENT 2
The current ownership of Chula Vista Bay Club, Ltd. consists of:
George Tumanjan 99.0%
Chula Vista Bay Club, Inc.
(General Partners) 1.0%
The ownership of Chula Vista Bay Club, Inc., General Partners,
consists of:
California Commerce Club, Inc.
Anwer Adelshian
Zack Anter
Susan Avdalian
Bertha Bailey
Louise Bodnar
Raymond Contrucci and Olga Contrucci
James Dutchess
Laura Federico
Franklin and Francine Handler
Leslie K. Harris
Robert R. Harris
Victor Hovsepian
Haig Kelegian, Sr.
Peter A. Lynch
Arsen Malkasian
Selma Massman
Jasmine Mgrdichian
Ralph Mosikian
L. T. Murray, Jr.
Edgar Pankey
Janice Pankey
Peter Pankey
Victor Pankey
Haig Papaian, Jr.
Suzanne Papaian
Malissa Roos
Harvey Ross
Kasar Saatchian
Arlene Schwartz
Kenneth L. Slater
George & Irene Streisfield
George Tumanjan
79.0%
George Tumanjan
21. 0%
/y'v
NUV-~~-~c ~~~ U~:~~ ~r1 ~H~I
;:>,I'IL.-L.-t:Lb.bt:.I-~u LL~'
C J. ~ ....:.-~,
-'.I. J.l,:J
AND GENERAL RELEASE
0) (jJ III /} l!
SETTLEMENT AGREEMENT
This Settlement Agreement and General Release (hereinafter
"Agreement") is entered into this ____ day of
, 1996,
by and between Chula vista Bay Club, Ltd. (hereinafter "CVBC, Ltd.")
and the City of Chula vista (hereinafter. "CITY") , (hereinafter
collectively referred to as "the Part{es").
\ RECITALS
A. On .July 17, 1990, pursuant to Resolution No. 15727, CITY
granted two separate, but consolidated, cardroom licenses to CVBC,
Ltd. ;
B. Resolution No. 15727 provided, among other things, for CVBC,
Ltd. to advise CITY of any change in the ovmership of shares or
interests in CVBC, Ltd., or in the o~~ership of any of its corporate or
partnership share/interest holders, and that failure to SO notify is
grounds for revocation of the licenses;
C. CITY's Municipal code further'precludes any transfer of
financial interest in a cardroom license prior to that cardroon, being
in operation and without CITY approval (CYMC !l5.20.030);
D. ].. series of transactions by CVBC, Ltd. and/or its
partnership share/interest holders, have occurred since July 17, 1990,
which CITY contends occurred ~Iithout notice to CITY and/or without CITY
approval, and without any cardroom having been in operation, any of
which CITY contends is grounds ~or revocation of said licenses;
i
E. CVBC, Ltd. disputes C~TY's contentions and opposes
revocation of its cardroom licenses;
/i;"7
1
F. CVBC, Ltd. has provided CITY with infal-mation concerning
said transactions, which information CITY has had the opportunity to
investigate.
(See correspondence received July 1996, marked Attachment
1, which is attached hereto and incorporated herein by this reference,
hereinafter "the Transactions");
G. CVBC, Ltd. and CITY desire:
1. To resolve their differences over the
Transactions and pending license revocations;
2. To clarify grounds for potential future revocation
of the licenses; and
3. To clarify CVBC, Ltd.'s reporting obligations
to CITY.
AGREEMENT
NOW THEREFORE IN EXCHANGE FOR MUTUAL CONSIDERNI'ION, RECEIPT Of vlHICH IS
HEREBY ACD"Ov~EDGED, THE PARTIES UNDERSTN~D AND AGREE AS FOLLOWS:
1. CVBC, Ltd., its corporate or partnership share/interest
holders and their respect.ive co~-porate or partnership share/ interest.
holders (hereinafter collectively "CVBC, Ltd.") represent and warrant,
under penalty of perjury under the laws of the State of California,
that Attachment 2 attached hereto and incorporated herein by this
reference is an accurate, full and complete disclosure of its CUXTent
ownership as of the date of execu.tion of this Agreement by the parties.
CVBC, Ltd. acknowledges that CITY has acted in reliance on the
representatiens and walTanties concex'ning the Transactions.
2. CVBC, Ltd. shall pay CITY the total sum of Forty Thousand
Dollars and no/lOO ($40,000.00), by certified check payable to The City
J'Ir
2
t'~O'.."-L';;';:-9t. FR 1
..;.1"-l-~:.2':" FI'1 ..t::Hr-.: I,' "'_,I'IL~,'_,HI<.t::cr~_,'-, '-'-'
of Chula vista within ten (10) days of the execution of this Agreement
by the Parties. The Parties agree that. said total sum is a fair and
reasonable amount which represents $27,733.67, to reimburse CITY for
st.aff time spent. invest.igating t.he Transactions, and $12,266.33 for
penalty assessment against CVBC, Ltd.
3. CVEC. Ltd. does hereby unconditionally, irrevocably and
absolutely release and discharQe CITY, its elected officials, appointed
officials, officers, current and former employees, agents, attorneys,
insurers, successors and/or assigns and any related holding, parent or
subsidiary entities (hereinafter collectively referred to as "CITY"),
from any and all loss, liability, claims, demands causes of action, or
suits of any type, whether in la,,' and/or in equity, related directly or
indirectly or in any way connected with any transaction, affairs or
occurrences between them to date, including, but not limited to, CITY'S
investigations and threatened license revocations as to the matterS
occurring between July 17, 1990 through the date of execution of this
Agreement by the parties, inclusive.
4. CITY irrevocably and absolutely agrees that it will not
prosecute nor allo,,1 to be prosecuted on its behalf in any
administrative agency. whether federal or state, or in any court,
whether federal or state, any claim or demand of any type related to
the matter released above, it being an intention of the Parties that
with the execution of this Agreement by
ratify and approve the Transactions and
\
absolutely, unconditionallyand\forever
the Parties, the CITY will~,
,'".,'."
-',.
that CVEC, Ltd. will be"l j
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discharged of and fro~;_a~j~~t
obligations to CITY related in any "lay to the rrlatters occurring b,~tween
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3
11-1
July 17, 1990 through the date of execution of this Agreement by the
Parties, inclusive, all such matters being fully discharged herein.
5. The Parties do hereby expressly waive, as to the matters
occurring between July 17, 1990 through the date of execution of this
Agreement by the Parties, inclusive, all of the benefits and rigllts
under Civil Code s 1542, which provides and reads as follows:
A general release does not extend to clairl1s which
the creditor does not know of or suspect to exist
in his favor at the time of executing the release,
which if known by him must have materially affected
his settlement with the debtor.
6. The facts and circumstances surrounding CITY's ratification
and approval of the Transactions shall not be construed as a waiver of
CITY'S rights to revoke CVBC, Ltd.'s cardroom licenses in the future
nor shall this Agreement be asserted to estop CITY from exercising its
rights to revoke said licenses in the future.
7. CVBC, Lt.d. understands and agrees that it is not only
reasonable but imperative for CITY to have corr~lete, reliable and
timely disclosure of all ownership interests, includi.ng related
financial interests, of cardroom licensees. Moreover, CVBC, Ltd.
understands and agrees t.hat it is not only reasonable but imperative
that CITY approve any changes t.herein. CVBC, Ltd. further underst.anc]s
and agrees that CIT~ requires reasonable notice and opportunity to
investigate any proposed changes in ownership of cardroorQ licensees.
Therefore, CVBC, Ltd. agrees to adhere to the strict requirements
imposed by Resolution
No. 15727 land CW1C 5.20.030.
to t.he reporting requirements
,
In addition,
CVBC,
Ltd. agrees t.o adhere
i.nclucled in
Attachment 3 attached hereto and incorporated herein by this
reference,
\
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4 \
,
8. CITY understands and acknovllec1ges that. CVBC, Ltd. has
current full
of a proposed prospective transfer of George Tumanjan's
~~
partnership interest ( percent) in CVBC, Ltd. to the
advised CITY
California Commerce Club, Inc. CITY and CVBe:, l,td. acknowledge and
agree that this Agreement does not address said proposed prospective
transfer and that CVEC, Ltd. shall comply vlith the provisions
established by this Agreement with respect to said proposed
prospective transfer.
9. The Parcieshereby certify that they have read all of this
Agreement, the quoted civil Code section and that they fully
understand all of the same. The paxties hereby expressly agree that
this Agreement shall extend and apply to all unknown, unsuspected and
. ". unanticipated injuries and damages, as well as those that al^e now
disclosed, that vJere the consequences of the events that have occurred
up to the date of this Agreement.
10. The Parties further declare and represent that no promise,
inducement or agreement not herein expressed has been made and tbat
this Agreement contains the ,"ntire agreement between and among the
Parties, and that the terms of this Agre~nent are contractual and not
a mere recital.
11. The validity, interpretation, and performance of this
Agreement shall be construed and interpreted according to the la'dS ot
the State of California.
12. This Agreement may be(Pleaded as a full and complete defense
and may be used <.~s the basis fot an injunction against any action, .
\
suit or proceeding which may be prosecuted, instituted or attE,rnpted by
either party in breach thereof.
If-II
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13. If any provision of this Agreement, or part thereof, 1.8 held
invalid, void or voidable as against the public policy or otherwise,
the invalidity shall not affect other provisions, or parts thereof,
which may be given effect without the invalid pro'lision or part. To
this extent, the provisions, and parts thereof, of this Agreement are
declared to be severable.
14. It is understood that this Agreement is not an admission of
any liability by any of the Parties but is in compromise of a disputed
claim.
11///
II/II
/1111
//1//
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6
15. If there is any claim of a breach of any of the provisions
of this Agreement, such matter shall be resolved by a court of
competentjurisdict.ion In tbe CaLmty of San Diego, California. The
prevailing party shall be awarded all its reasonable at.torneys' fees
and costs.
16. Each person signing this Agreement on hehalf of others
represents and warrarltS that he or she is authorized to sO execul;ce and
to enter into a binding agreement and deliver this Agreewent on their
behalf .
IN WITNESS WHEREOF, the undersigned have executed this
Agreernent on the date shown below at Chula vista, California.
CBULA VISTA BAY CLUB, LTD.
Dated:
BV:
Its:
CITY OF CHULA VISTA
Dated:
Bv:
Its:
Approved as to form:
John M. Kaheny, City Attorney
Bv:
Glen F.. Googins
Deputy cit.y Attorney
1'1-/;1
7
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J ~ l 'l'1 Co
ATTACHMENT 1
Dear Sirs:
CVBC, Ltd. holds two Chula Vista gaming licenses ("Licenses"). These Licenses were
consolidated by the City of Chula Vista in 1990. CVBC, Ltd is a California limited
partnership. The General Partner is Chula Vista Bay Club, Inc. At present, the sole
limited pJiftner is George Tumanjan. On a prospective basis, Mr. Tumanjan W01l1d like to
transfer his full partnership interest to California Commerce Club, Inc.
CVEC, Ltd. 's Partnership Agreement shows Mr. Tumanjan as a 50"10 limited partner and
Al Zennedjian as a 49% limited partner. One (1 %) percent of the partnership is held by
general partner Chula Vista Bay Club, Inc. From the date offormation until March 1994,
there were no changes in the ownership ofCVBC, Ltd. Exhibits "A" and "B" contain
copies of the Chula Vista Bay Club, LTD. Partnership Agreement and Certificate of
Limited Partnership.
In March 1994, Mr. Tunamjan acquired Mr. Zennedjian's limited partnership interest.
Exhibit "C" contains a copy of the Sale and Assigrunent of Mr. Zennedjian's full
partnership interest in CVBC, Ltd. and shares in Chula Vista Bay Club Inc. to Mr.
Tumanjan.
At the time ofthis assigrunent Mr. Zennedjian continued to hold a 49% interest in the
partnership. The recital in the Sale and Assessment that Mr. Zennedjian's interest was
9.79% is a drafting error. Mr. Tumanjan, Mr. Zennedjian and Chula Vista Bay Club, Inc.
are the only persons or entities that have ever possessed an ownership interest in CVBC,
Ltd As stated above, however, we would like to transfer Mr. Tumanjan's full limited
partn~rship interest to California Commerce Club, Inc.
Chula Vista Bay Club, Inc. is a California corporation with two shareholders. It was
incorporated on January 26, 1990. California Commerce Club, Inc. holds 79 shares and
Mr. Tumanjan holds the remaining 21 shares ofChula Vista Bay Club, Inc.'s stock.
Exhibit "D" and "E" contain the Stock Certificates for Chula Vista Bay Club, Inc. and the
Articles of Incorporation.
On March 22, 1994, Mr. Zennedjian, a former shareholder, conveyed all of his stock in
Chula Vista Bay Club, Inc. to George Tumanjan. The stock was conveyed under the
March 22, 1994 Sale and Assigrunent between Zennedjian and Tumanjan. Copies of these
documents are contained in Exhibit "C" .
George Tumanjan is a resident of the State of California and is a shareholder and the
President of California Commerce Club, Inc. Mr. Tumanjan has a gaming license issued
by the City of Chula Vista and is licensed by the Department of Justice as an ovmer and
key employee of the Commerce Casino.
j;/--j/f
California Commerce Club, Inc. (d.b.a. Commerce Casino) is a sub-chapter S California
corporation. California Commerce Club, Inc. owns and operates the Commerce Casino in
Commerce, California. Exhibit "F' contains a complete list of shareholders, including
each shareholder's home address and ownership points. California Commerce Club, Inc.
is licensed by the City of Commerce to operate the Commerce Casino. All of-<:alifornia
Commerce Club's shareholders and key employees have gaming licenses issued by the
California Department of Justice.
I hope the above provides you with the information necessary to thoroughly answer the
questions raised by the city of Chula Vista. If necessary, I will be happy to meet with any
representative of the City ofChula Vista. We remain hopeful that this matter will be
raised at the July 23, 1996 City Counsel meeting.
On behalf of the California Commerce Club, I apologize to the City of Chula Vista and its
acting City Attorney for prior confusion regarding this matter. I have conducted a
thorough review of this matter and am confident that the above information is accurate. If
I can be of further assistance to Mr. Glen Googins in this matter, please do not hesitate to
call me.
Andrew A. Schneiderman
Vice President/General Counsel
(213) 721-2100
/~~;>
Index to Exhibits:
A. Agreement of Limited Partnership of by Chula Vista Bay Club, LTD. a California
Limited Partnership (January 29, 1990).
B. Certificate of Limited Partnership-Form LP-1 (filed February 1, 1990).
C. Sale and Assigrunent ofInterest in by Chula Vista Bay Club, Inc. and by Chula
Vista Bay Club, L TD and Stock Assigrunent Separate from Certificate for by
Chula Vista Bay Club, Inc. (March 22, 1994)
D. Stock Certificate for by Chula Vista Bay Club, Inc. certifying that California
Commerce Club, Inc. holds 79 shares of common stock (January 20, 1990) and
that George Tumanjan hold 21 shares of common stock (January 20, 1990).
E. Articles ofIncorporation of Chula Vista Bay Club, Inc.
F. California Commerce Club, Inc. Current Pointholders (Revised May 7, 1996).
11/"'/(,
Exhibit 2
The current ownership of Chula vista Bay Club, Ltd. consists of:
George Tumanjan
99.0%
Chula vista Bay Club, Inc.
(General Partners)
1. 0%
The ownership of Chula vista Bay Club, Inc., General Partners,
consists of:
California Commerce Club, Inc.
79.0%
George Tumanjan
21. 0%
9
1'1" /7
EXHIBIT 3
Any individual or entity who owns, operates, or has a financial
interest of any nature in any cardroom or gaming club within the
city of Chula vista must file an application of registration with
the city of Chula vista within 10 days of securing said ownership
or financial interest.
Application of registration by individuals or entities who own,
operate or have financial interest of any nature in any cardroom or
gaming club within the city of Chula vista shall be reviewed by the
chief of police within 60 days after the applicant submits the
completed application form. Thereafter, the Chief of police shall
submit a report setting a Public Hearing before the city council
for consideration of the chief of police's recommendation as to the
application of registration.
The city council in its sole discretion, shall approve, deny or
otherwise act upon the recommendation. The city council's decision
shall be final.
8
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I
ITEM TITLE:
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Item h ~ f
/0., ~..5 Meeting Date 10 8196 ~ ~~,!j
Resolution f. Approving Terms and Conditions for the Sale of
Marina View Park to the San Diego Unified Port District and Authorizing
Staff to Prepare and Execute a Purchase and Sales Agreement and Escrow
Instructions .
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Community Development Director
CS,
REVIEWED BY:
City ManagerrY (4/5ths Vote: Ye~ No_
U/
BACKGROUND: The City of Chula Vista has negotiated with the Unified Port District for the Port's
acquisition of certain City and Redevelopment Agency properties on the Bayfront, including Marina
View Park on Marina Parkway and three properties on Lagoon Drive (the former Marina Motor
Hotel, Shangri-La and Cappos properties). City staff has been negotiating the sale of these
properties which has been delayed for a variety of reasons including legal incumbrance and
contaminated soils which are now close to resolution. Staff has recently received amended terms
of sale for the Marina View Park property which are acceptable and are being forwarded to the
Council for review and authorization to proceed.
RECOMMENDATION: That Council adopt the resolution authorizing staff to prepare and execute
a purchase and sale agreement for sale of Marina View Park consistent with the terms and
conditions as proposed by the Unified Port District and attached as Exhibit A with such minor
modifications and additional minor terms and conditions that are necessary or appropriate to
implement such terms and conditions as may be approved by the City Attorney and the City
Manager.
BOARDSICOMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
City staff began negotiating the sale of Marina View Park and certain other properties owned by
the Redevelopment Agency early in 1995. However, legal and environmental problems have
delayed the sale of these properties. At this time, issues delaying sale of Marina View Park have
been resolved and the transaction is ready to move forward subject to authorization from the
Council.
In 1993, the Redevelopment Agency and City issued $3.1 million in Certificates of Participation
(COPS) in order to finance the Agency's share of costs related to the construction of the parking
garage at the Chula Vista Center. For the purpose of issuing the bonds, certain City properties
were quit claimed to the Agency and leased back to the City in order to provide collateral for the
bonds and guarantee an income stream to cover debt service. Marina View Park was one of the
properties obligated in this manner. In order to clear title and sell this property, the City had to
provide a property of equal or greater value to substitute as security for the bonds. In August
1995, the City Council and Redevelopment Agency authorized the substitution of a portion of
Memorial Park for Marina View Park in the bond documents thereby clearing title on the latter
y-r Y1 1.1'-/
Page 2, Item / d-
Meeting Date 10108/96
property. Prior to being transferred to the Port District. the Marina View Park property will be quit
claimed back to the City as provided for in the bond documents.
Terms of sale were originally prepared by Port District staff which contained provisions considered
to be disadvantageous to the City. These provisions included the following:
. The property was appraised at its highest and best use (office/retail); and, since the
proposed acquisition amount reflects the potential commercial development value,
the City is not guaranteed that the property will continue in park use.
. No provision was made for the recovery of park equipment in the event the
property was converted to another use.
. Responsibility for continued maintenance of the facility was not clarified.
. Extensive environmental testing was required with indemnification for future
liabilities associated with City ownership and use of the property.
After further discussion and negotiations, the terms and conditions of sale were modified and
restated in acceptable form to staff. These terms and conditions are contained in a letter from the
Port dated September 19, 1996. Major conditions are summarized below.
1. The property to be transferred to the Port District contains 2.71 acres of improved parkland
and equipment. The City shall retain a reversionary interest in the playground equipment
until July 31, 2001. In the event the park is converted to non-park use, the City will have
a 30 day period to enter and remove all reusable equipment until that date.
2. The purchase price is $762,000 cash with no escrow deposit required. This purchase
price is based upon the value of the developable portion of the property for office/retail
use. This value is based upon a May 1995 appraisal by Lipman, Stevens, Marshall &
Thene, Inc. (Summary attached as Exhibit S.l .
3. Escrow is conditioned on the results of an environmental investigation of the property
provided by the City. If initial testing indicates the need for further testing and/or
remediation, the City and Port District shall meet and confer whether or not to keep the
escrow open. If the estimated cost of remediation work exceeds $100,000, either party
may terminate the escrow.
4. The City shall indemnify the Port District against any legal or administrative proceedings
brought against the Port District which relate to environmental claims, liabilities, fines,
penalties or other costs occasioned by the neglect or intentional activities of the City or its
lessees which arose during the City's ownership of the property. Although this provision
provides for the future liability of the City in regards to this property, it is no less than the
City has or would require from the owners of property it acquired.
5. Prior to close of escrow, the City and Port District shall enter into an amendment to the
agreement between the two entities concerning park maintenance of the Port District
property at the J Street Marina. The amendment shall provide that the Port District will
~ ~ /~;,l
Page 3, Item /)...
Meeting Date 10/08/96
pay the City or its designee to continue to maintain Marina View Park as well as the Port
District property at the J Street Marina.
As Council was previously advised, it should be noted that the Port District has not agreed upfront
to keep the property a public park for any period of time. Furthermore, since the Port District will
acquire substantial land use authority over properties it acquires, the City will not have the
authority to prevent the conversion of the park to a non-park use if that is what the Port desires.
The City has been advised by its Port Commissioner, David Malcolm, that the Port will meet and
confer with the City concerning any future proposal to change the land use. Furthermore, in
consideration of the amount of vacant land in prime locations on the tidelands currently available
for development and the absence of a strong market demand, it is highly unlikely that there will
be any pressure to redevelop this property for many years.
Finally, the City is currently in discussions with the Port District and Rohr concerning the change
in land use in various locations on the tidelands from industrial to visitor commercial. These
changes will require amenities such as Marina View Park. Any attempt to change the land use on
the park will require processing through the Coastal Commission which would give the City the
opportunity to register a protest.
FISCAL IMPACT: The Port District proposes to pay $762,000 for Marina View Park, based upon
a 1995 appraisal commissioned by the Port. This appraisal is based upon the value of the property
of $9.25 per square foot as office/retail times the usable area (82,375 square feet). There is an
additional 35,673 square feet of property which provid.e drainage through the site and cannot be
developed.
The proceeds from the sale of the property, less escrow costs, will be split by the City and Agency
with each receiving approximately $350,000 (50% to the City for the land value and 50% to the
Agency for the improvements).
(fk] M;\HOME\COMMDEV\STAFF.REP'llo.08-96\m.riM.113 !October 3.1996 0:33pm})
_ ~ ~ /.5; J
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RESOLUTION NO.
/YJ/5'5'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING TERMS AND CONDITIONS FOR THE SALE OF
MARINA VIEW PARK TO THE UNIFIED PORT DISTRICT AND
AUTHORIZING STAFF TO PREPARE AND EXECUTE A PURCHASE
AND SALES AGREEMENT AND ESCROW INSTRUCTIONS
WHEREAS, the City Cou'ncil of the City of Chula Vista ("Council") desires to sell
certain property owned by the City of Chula Vista known as Marina View Park ("Property"), fully
described on Exhibit A attached hereto, to the San Diego Unified Port District ("District"); and
WHEREAS, terms and conditions for sale of the Property have been negotiated with
the District and have been presented to the Council with a recommendation for approval; and
WHEREAS, in order to effect the sale of the Property to the District, a Purchase and
Sales Agreement and Escrow Instructions must be prepared for submission to and approval by the
District, said Agreement and Instructions including the terms and conditions of sale in substantially
the same form as presented to the Council; and
WHEREAS. in order to expedite the sale of the Property, the Council is requested
to authorize staff to prepare and execute the Purchase and Sales Agreement and Escrow
Instructions on behalf of the City, pursuant to review and approval by the City Attorney's office.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve
as follows:
1. The terms and conditions of sale of Marina View Park to the San Diego Unified Port
District, attached hereto as though fully set forth herein, are hereby approved.
2. The City Council hereby authorizes the City Manager to prepare and execute a Purchase
and Sales Agreement and Escrow Instructions consistent with such terms and conditions with
such minor modifications and additional minor terms and conditions that may be necessary or
appropriate to implement such terms and conditions as may be required or approved by the City
Attorney.
Presented by
Approved as to form by
Chris Salomone
Director of Community Development
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PORT OF SAN DIEGO
Operator of Marine Terl1linclls and San Diego lntl'rnatinnal Airport
BOARD OF l'ORT COMMISSIONERS
Chairmcm of the Board
November 26, 1996
Councilman Jerry J. Rindone
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Councilman Rindone:
Thank you for your November 7 letter regarding the District's proposed acquisition of the City
of Chula Vista's portion of Marina View Park. As you are aware, the City of Chula Vista
requested the District purchase this property. The Port owns the adjacent area that was
developed cooperatively with the City as part of the Marina View Park complex.
H. L. Lipman, MAl, appraised the property for the District. In Mr. Lipman's opinion, the
property had an estimated fair market value on May 1, 1995 of $762,000. This value is based
on the highest and best use of the property being for "future development of office or mixed use
(office/retail)." If the property were appraised based on a perpetual park use, there is a strong
likelihood the estimate market value would be less.
If the District acquires the property from the City, it intends to continue the park use for the
foreseeable future. The Port is committed to working cooperatively with all its member cities
in the formulation of land use plans for tidelands in each of the cities. Should the District
contemplate changing the park use, you may be assured that early consultations would occur
with the City so that the plan was a cooperative effort. The Port would be amenable to
exploring the possibility of a Memorandum of Understanding with Chula Vista regarding the
park. Also important to be noted is that a change in use would require a Master Plan
amendment and environmental assessment, both of which processes involve extensive
opportunity and legal mandate for public input. As I know you can appreciate, as trustees of
public lands, it is incumbent upon the District to pay no more than fair market value for the
property it acquires. Based on the appraiser's highest and best use assumption, a $762,000
purchase price can be supported. If the City were to sell the property to the District with a
restriction that the property can only be used for park purposes, the property must necessarily
be reappraised, which may result in the proposed purchase price being reduced.
(b]l)) 686-6200, Post Office Box 488, S~e~alifornia 92112
I>-,y
Councilman Jerry J. Rindone
- 2-
November 26, 1996
Thank you very much for your interest in this important community asset. If you have any
additional questions, please feel free to contact me at your convenience.
Sincerely,
~ ()~~
SS VAN DEVENTER, Chairman
Board of Port Commissioners
JV/ph
cc: Commissioner David Malcolm
/f"~
Jerry R. Rindone
CIty of Chula VIsta
276 Fourth Avenue
Chula Vista CA 91910
November 26, 1996
Chula VIsta RadIo AM 1610 promotes our town as a harbor for recreational
activIties. The announcement describes our harbor, our marina, our prier,
and our 35 parks.
But there Is little public awareness of proposed Industrial uses for our bay-
front. AccordIng to the November 13, 1996 edItion of The San Dlego
Union-Tribune, "the Port CommissIon met In closed sessIon Oct 29 to
negotiate with IDEC of La Jolla." The newspaper artIcle describes a
waterfront manufacturing plant that is concerned "how to dIspose of about
500,000 gallons of water a day. Other plans propose dredging, a 200 room
hotel and two road extensions and an IndustrIal-business park.
Does the public really want industrial-busIness park complexes In a bay-
front area? Seventy-five (75%) percent of respondents to a survey saId
they would like to see recreational or resort development. People In the
county come from areas as National CIty, Bonita, and El Cajon; while people
come from all states to enjoy the recreational area.
I ask that Chula VIstans have some Input to Port District plans. I think we
need some type of final approval that represents the will of the people. As
elected officials, I ask that you represent the people of Chula Vista In ail
bayfront developments.
Thank You,
d17cJ-~
Gary L. Cooper
767 Rlverlawn Avenue
Chula Vista CA 91910
/f"7
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C1lY OF
(HULA VISTA
OFFICE OF THE CITY COUNCIL
November 7, 1996
Mr. Jess Van Deventer, Chairman
Board of Port Commissioners
Port of San Diego
P. O. Box 488
San Diego, CA 92112
Dear Chairman Van Deventer,
I am in receipt of your October 16, 1996 letter regarding the Port's acquisition of Marina
View Park in Chula Vista. I was pleased to hear your responses regarding the Port's
beliefs concerning parks and a description of the Port's historical position regarding
parklands throughout the region.
However, in your letter you had indicated if there was still any concerns regarding this
issue to please let you know, I am still not comfortable regarding the relinquishing of
the city's land use options should Marina View Park be sold. I believe additional
protection or some other procedure be established at a minimum to insure concerns of
the City Council regarding land use issues prior to consummating the sale of Marina
View Park. The continued cooperative relations between the City and the Port of San
Diego has always been an excellent one, and I am sure will continue. However, various
City Councilmembers and Port Commissioners change over the years and I think it is
incumbent upon the contemplation of the sale of any lands that the Port adequately
guarantee the City that it will insure the continued use of Marina View Park as a public
park. I am open to suggestions of how to more adequately address the issue.
Ultimately, the City would be enhanced by the sale, but further attention to the assurance
of retention of Marina View Park as a public park needs to be addressed since this is a
key issue for which this City must not be at risk in the future.
15"8"
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 919101(619) 691-5044
I would be happy to discuss this with you and look forward to necessary safeguards to
be incorporated in any proposed Port acquisition of Marina View Park. Thank you for
your willingness to focus on this very important issue.
Sincerely,
JRR:pw
cc: Mayor and City Council
Port Commissioner David Malcolm
City Manager Goss
~?
CITY OF CHULA VISTA
I
7/~ Rl'c4~" ~
November 21, 1996
SUBJECT:
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, November 26, 1996. Comments regarding the Written Communications are as
follows:
The Honorable Mayor and City. council~..
- . ~
John D. Goss, City Manager0l \?t) /?
City Council Meeting of November 26, 1996
TO:
FROM:
Sa. This is a letter from the Acting City Attorney reporting that the City Council met in
Closed Session to Government Code Section 54956.9 regarding the claim of Alfred B.
Salganick, M.D. The Acting City Attorney reports to the best of her knowledge from
observance of actions taken in the Closed Session that Council directed the City Attorney
to report on the status of alleged violations of the campaign ordinance.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
JDG:mab