HomeMy WebLinkAboutAgenda Packet 1996/12/10
III declare ,,,"der penalty of perjury thet I alii
employed by the City of [;..,,,:,, Vista in the
Omee of tile City lIer': Rnd t'1,,1 I posted
this Apen ,alNo,"cB on the Bull..!:n Boa,d at C'I Ch b
Tuesday. December 10. 1996 ,> OunC1 am ers
6 00 the Public 5 rv) es BUilding snd at City HlIII on Pub!" S . B 'Id'
: p.m. DATED:, /.:2_ _s -,~, SIGNED (C:--;i:-~' Ie ervlces Ul mg
Re lar Meetin of the Cit of Chula'vista Ci uncil
CALL TO ORDER
Councilmembers A1evy _. Moot _' Padilla _. Rindone _. and
Mayor Horton_.
1.
ROLL CALL:
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
September 10. 1996 (City Council Meeting). September 17, 1996 (City
Council Meeting) and September 17. 1996 (Joint Meeting of the City
Council/Redevelopment Agency). November 19. 1996 (City Council
Meeting). November 19. 1996 (Joint Meeting of the City
Council/Redevelopment Agency). November 26, 1996 (City Council
Meeting), and November 26, 1996 (Special Joint Meeting of the City
Council /Redevelopment Agency)
3.
APPROVAL OF MINUTES:
4. SPECIAL ORDERS OF THE DAY:
a. Comments by outgoing Councilmernber.
b. RESOLUTION 18510 RECITING THE FACT OF A SPECIAL MUNICIPAL RUNOFF
ELECTION HELD ON NOVEMBER 5, 1996, DECLARING THE
RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY
LAW - At the 3/26/96 General Municipal Election, no candidate for
either Seat 3 or Seat 4 won by a majority vote. Therefore, according
to the Charter, a Special Runoff Election was held on Tuesday. 11/5/96
between the top candidates for each Seat. Staff recommends approval
of the resolution. (City Clerk)
c. Presentation to Mayor Pro Tern by Mayor Horton.
d. Oath of Office for newly eJected City Councilmernbers. The Oath of Office will be
administered by the Honorable Federico Castro to Mary Salas and by City Clerk Beverly Authelet
to John Moot.
e. Comments by newly elected City Councilmernbers.
* * * * CITY COUNCIL WILL RECESS FOR A RECEPfION * * * *
(Conference Room 1)
Councilmembers Moot _. Padilla _. Rindone _. Salas _' and
Mayor Horton _'
5.
ROLL CALL:
Agenda
- 2-
December 10, 1996
*****
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 wiu be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be availLlble in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 6 through 14)
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 n availLlble 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.
6. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on 11/26/96, that there were no reportable actions which are
required under the Brown Act to be reported. It is recommended that the letter be received
and filed.
b. Resignation from the Economic Development Commission - Patty Davis and Brene E.
Patrick. It is recommended that the resignations be accepted with regret and the City Clerk be
directed to post immediately according to the Maddy Act in the Clerk's Office and the Public
Library.
c. Resignation from the Youth Commission - Tyron E. Meservy. It is recommended that the
resignation be accepted with regret and the City Clerk be directed to post immediately according
to the Maddy Act in the Clerk's Office and the Public Library.
d. Resignation from the Cultural Arts Commission - Melody Cernitz. It is recommended that
the resignation be accepted with regret and the City Clerk be directed to post immediately
according to the Maddy Act in the Clerk's Office and the Public Library.
7. RESOLUTION 18511 AMENDING THE BUDGET TO PROVIDE FOR SALARY
ADJUSTMENTS FOR CERTAIN CLASSIFICATIONS - Included in the
1996/97 budget were recommendations to reclassify certain positions which were
approved by Council in the budget adoption. At that time, however, there were
several classification issues that had not yet been resolved and it was anticipated
that staff would return to Council with recommendations regarding these
classifications within several months. Staff recommends approval of the
resolution. (Director of Human Resources)
Agenda
- 3 -
December 10, 1996
8.A. RESOLUTION 18512 ACCEPTING AND AMENDING THE SALARY AND BENEFITS
INCREASES FOR THE EXECUTIVE DIRECTOR AND DEPUTY
DIRECTOR OF CALIFORNiA BORDER ALLIANCE GROUP (CBAG) -
On 9/5/95, Council approved the City to act as the "fiscal agent" for CBAG and
act as conduit to obtain civilian support personnel and to acquire related supplies
for three employees. On 7/16/96, Council approved adding two additional
CBAG support personnel. The Deputy Director's position took effect 7/1/96,
and the CBAG Coordinator for OperationslIntelligence is to take effect 1/1/97.
This employee will continue to work in the United States Attorney's Office and
perform the same duties, however, the City would become the "fiscal agent" for
this employee and continue to be the "fiscal agent" for the previous four CBAG
employees. Staff recommends approval of the resolutions. (Chief of Police)
4/5th's vote reqnired.
B. RESOLUTION 18513 ACCEPTING $33,243 OF IDGH INTENSITY TRAmCKING AREA
(IDDTA) GRANT FUNDS TO THE POLICE DEPARTMENT,
ADMINISTERED BY THE MASTER FISCAL AGENT SAN DIEGO
POLICE DEPARTMENT, THE CBAG COORDINATOR FOR
OPERATIONS/INTELLIGENCE POSITION, FROM JANUARY 1, 1997
TO JUNE 30, 1997
9. RESOLUTION 18514 AUTHORIZING STAFF TO PREPARE A LETTER TO THE SAN DIEGO
REGIONAL TECHNOLOGY ALLIANCE (RTA) FOR THE MAYOR'S
SIGNATURE REGARDING THE DRAFT "DEVELOPMENT OF A
SEAMLESS ECONOMIC DEVELOPMENT DELIVERY SYSTEM FOR
SAN DIEGO" STUDY - The San Diego RTA is a State-funded, non-profit
organization which serves companies wanting to develop dual use technologies
through assistance in obtaining State and Federal grants. The RTA
commissioned a consulting firm to evaluate existing economic development
services throughout San Diego County and to recommend actions to create a
"seamless economic delivery system." The Draft Study's methodology findings
and recommendation have been questioned by economic development
organizations throughout the County. Staff recommends approval of the
resolution. (Director of Community Development)
10. RESOLUTION 18515 APPROVING THE SECOND AMENDMENT TO THE AGREEMENT
WITH CALGIS, INC. FOR A GIS BASED TRAmC ACCIDENT
RECORD SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE
THE AMENDMENT - Currently, the City has an agreement with Calgis, Inc.
for the development of a GIS based Traffic Accident Record System. The
agreement will expire on 12/31/96 and needs to be extended to allow completion
of the work on the project. Staff recommends approval of the resolution.
(Director of Public Works)
II. RESOLUTION 18516 SETTING A PUBLIC HEARING FOR JANUARY 7, 1997 TO CONSIDER
VACATING A PORTION OF THE 100 BLOCK OF JEFFERSON
AVENUE - The Chula Vista Elementary School District has applied to the City
to vacate the portion of Jefferson Avenue from Flower Street to approximately
300 feet south, along the frontage of Feaster Elementary School. Staff
recommends approval of the resolution. (Director of Public Works)
Agenda
- 4-
December 10, 1996
12.A. RESOLUTION 18517 APPROVING FINAL MAP OF TRACT 96-05 RANCHO DEL REY SPA
ro, PHASE 1, UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC
THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON
BEHALF OF THE CITY THE OPEN SPACE LOTS GRANTED ON SAID
MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On
7/16/96, Council approved the Tentative Subdivision Map for Tract 96-05,
Rancho del Rey SPA 111, Parcel R-7. On that tentative map, unit boundaries
were delineated. Staff recommends approval of the resolutions. (Director of
Public Works)
B. RESOLUTION 18518 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 96-05,RANCHO DEL REY, SPA ill, PHASE
1, UNIT 3, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
13. RESOLUTION 18519 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
PURCHASE OF TWO ANODIZED TRAFFIC SIGNAL CABINETS WITH
SIGNAL CONTROLLER AND ONE CABINET WITHOUT SIGNAL
CONTROLLER TO JOHN C. HENBERGER COMPANY AND
APPROVING AN OPTION TO PURCHASE ADDITIONAL SIGNAL
EQUIPMENT THROUGH JUNE 30, 1998 AT A PRICE INCREASE NOT
TO EXCEED FIVE PERCENT - On 11/4/96, the City's Purchasing
Department opened bids from two traffic signal equipment suppliers to provide
traffic signal cabinets and controllers for two new traffic signals and one traffic
signal modification project. A low bid of $37,279.35 was received from John
C. Henberger Company. Staff recommends approval of the resolution.
(Director of Public Works)
14. REPORT REGARDING THE ORDER OF HEARING ORAL COMMUNICATIONS
AT CITY COUNCIL MEETINGS - Per direction given at the 11/19/96
Council meeting, staff is presenting a report on the timing of Oral
Communications in the course of City Council meetings. Staff recommends
approval of the resolution. (City Manager)
RESOLUTION 18520 AMENDING COUNCIL POLICY NUMBER 104-01 EST ABLISHlNG THE
ORDER OF BUSINESS AT CITY COUNCIL MEETINGS
· · · END OF CONSENT CALENDAR · · ·
Agenda
- 5-
December 10, 1996
......
This item was set for time certain at 8:00 p.m.
15.
ORDINANCE 2693
AMENDING CHAPl'ER 5.56 - TOBACCO AND WEED SALES AND
SMOKING TO PROlDBIT SELF-SERVICE SALES OF CIGARETTES,
TOBACCO, AND WEED PRODUCTS (first readilll!) - On 1/17/95, Council
approved a $120,000 24-month grant from the California Department of Health
SelVices, Tobacco Control Section. $30,000 was appropriated for the first six
months of the program. Authorization was also given by Council to execute
Service Provider Sub-Contracts with a provision for extensions through the life
of the grant based on satisfactory performance and funding availability. The
State authorized the second installment of the grant, in the amount of $60,000,
for fiscal year 1995/96 and now has authorized the third installment, in the
amount of $30,000, for fiscal year 1996/97. Staff recommends Council place
the ordinance on first reading. (Director of Parks and Recreation)
......
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by ILlw. If you wish to
speak to any item, please fill out the "Request to Speak Form n availLlble 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.
16.
PUBLIC HEARING
17.
PUBLIC HEARING
I
CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITY
DISTRICT NUMBER U7 ALONG PALOMAR STREET FROM
INTERSTATE 5 TO INDUSTRIAL BOULEVARD - On 11/5/96, Council
approved a public hearing to be held to determine whether the public health,
safety or general welfare requires the formation of an underground utility district
along Palomar Street from Interstate 5 to Industrial Boulevard. Staff
recommends Council open the public hearing and continue the item to the
meeting of 12/17/96. (Director of Public Works)
ZAV-96-12; CONTINUATION OF A PREVIOUS PUBLIC HEARING
REGARDING AN APPEAL FROM A PLANNING COMMISSION
DENIAL OF A REQUEST FOR A VARIANCE TO INCREASE THE
HEIGHT OF A ROOFTOP SIGN FROM 35 FEET TO 42 FEET FOR THE
COMMERCIAL BUILDING LOCATED AT 396 "E" STREET IN THE C-T
THOROUGHFARE COMMERCIAL ZONE - MARTIN ALTBAUM - This
is a continuation of a previous public hearing involving an appeal from the
Planning Commission's denial of a request for a variance to allow the
construction of a rooftop sign to 42 feet in height for the commercial building
located at 396 "E" Street, within the C- T Thoroughfare Commercial zone. The
C- T zone limits the height of rooftop signs to 35 feet above grade. The
previous hearing was continued with direction from Council that staff come back
with a more definitive solution in response to the applicant's request. Staff
recommends approval of the resolution denying the appeal; or approving the
resolution approving the appeal, subject to the findings and conditions contained
therein. (Director of Planning) Continued from the meeting of 11/19/96.
Agenda
- 6 -
December 10, 1996
A. RESOLUTION 18437-1 DENYING THE APPEAL OF COIN MART FROM THE DECISION OF
THE PLANNING COMMISSION AND THEREBY DENYING A
V ARlANCE FOR THE CONSTRUCTION OF A ROOF-MOUNTED SIGN
TO 42 FEET ABOVE GRADE FOR THE COMMERCIAL BUILDING
LOCATED AT 396 "E" STREET IN THE CoT THOROUGHFARE
COMMERCIAL ZONE
B. RESOLUTION 18437-2 APPROVING THE APPEAL OF COIN MART FROM THE DECISION
OF THE PLANNING COMMISSION AND THEREBY APPROVING A
VARIANCE FOR THE CONSTRUCTION OF A ROOF-MOUNTED SIGN
TO 42 FEET ABOVE GRADE FOR THE COMMERCIAL BUILDING
LOCATED AT 396 "E" STREET WITHIN THE CoT THOROUGHFARE
COMMERCIAL ZONE
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City CouncU on any subject matter within the
Coundl'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 address 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 CouncU will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the CouncU
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
18.
REPORT
DENYING REQUEST FOR ALL-WAY STOPS ON LAKESHORE DRIVE
AT HARTFORD STREET AND LAKESHORE DRIVE AT CREEKWOOD
WAY - At the 8/8/96 Safety Commission meeting, a report was presented
regarding a written request from Geoffrey Clemmons at 1948 Clearbrook Drive
requesting an aU-way stop be installed on Lakeshore Drive at Clearbrook Drive.
At tbat meeting, the Safety Commission voted to deny an aU-way stop and that
staff bring back all-way stop studies and new speed surveys for Creekwood Way
and Hartford Street at the October Safety Commission meeting. Staff
recommends Council not approve the installation of all-way stops at Creekwood
Way and at Hartford Street on Lakeshore Drive. (Director of Public Works)
I
Agenda
- 7 -
December 10, 1996
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
19. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
. Council Goal Setting Workshop.
20. MAYOR'S REPORTIS)
a. Appointment of the Mayor Pro Tem for 1996/97.
b. Monthly workshop meetings.
c. RESOLUTION 18521 DEFlNING THE BASIS FOR SCHOOL FACILITIES
IMPROVEMENT DISTRICT NUMBER 1 AND IDENTlFYlNG
THE DOLLARS ASSIGNED IN THE GENERAL OBLIGATION
BOND ELECTION - This is in support of the Sweetwater Union High
School District's 3/4/97 bond issue. It is recommended that the
resolution be approved.
21. COUNCIL COMMENTS
Councilmember Rindone
a. Appointment of the Mayor Pro Tem for 1996/97.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on December 17,
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
UI declare binder penaay o~ redury that I am
employed by the r.it'J 'T~ """'!'~'''' ";s' ' ,
. '. ~, oJ .... ,,",'l'.LU v, -ea in tne
Of,flce of tne City Ckr;{ 2nj that i r:.',03' Gd
this Age~da/No~ice on the fJulltrtin Board at .
Tuesday, December 10, 1996 the PublIc S~Vlces Buildin~ and t ;:;'t CouncIl Chambers
6:00 p.m. DATED. /d2. /~ ~, SIGNED ~~--1'I~ ~~'SlIrvices Building
(immediately following the City Council Meeting) / FZ:7 ~
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council wiU
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 terminated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Anticipated litigation pursuant to
Government Code Section 54956.9
. Metro sewer issues.
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
I
COUNCIL AGENDA STATEMENT
Item No.
Meeting Date 12/10/96
t/b
SUBMITTED BY:
Resolution / ~ 5/ tJ Reciting the Fact of the Special Municipal
Runoff Election held on November 5, 1996, declaring the result, and such
other matters as provided by law.
Beverly A. Authe1et, City Clerk ~()f'
(4/5ths Vote: Yes_ No_)
ITEM TITLE:
At the March 26, 1996 General Municipal Election, no candidate for either Seat 3 or Seat 4 won
by a majority vote. Therefore, according to the Charter, a Special Runoff Election was held on
Tuesday, November 5, 1996 between the two top candidates for each Seat.
RECOMMENDATION: It is recommended that the City Council declare the results of the
special runoff municipal election which was held on Tuesday, November 5, 1996 by approving
the attached Resolution.
BOARDS AND COMMISSION RECOMMENDATION: Not applicable.
BACKGROUND: At the General Municipal Election held on November 3, 1992, the voters
approved a Charter Change that if no candidate receives a majority of the votes cast, there shall
be a special runoff election, to be held on the same date as the statewide election date in
November immediately following the general municipal election between the two candidates
receiving the highest and second highest number of votes.
Since no candidate for either Seat 3 or Seat 4 won by a majority, a special runoff election was
consolidated with the statewide election held on November 5, 1996.
The Registrar of Voters has canvassed the ballots of the November 5 election and has sent us
the certified results indicating that John S. Moot and Mary Salas were the winners for Seat 3 and
Seat 4 respectfully. Since there is a possibility that there will be a recount ordered, Council
should proceed with the declaring of the results of the election as certified by the Registrar of
Voters. Should the recount change the winner, staff will come back to Council with a resolution
to declare the results of the recount.
FISCAL IMPACT: $15,376 has been budgeted in the 1996-97 Budget for the election.
Although final cost of the election has not been received from the Registrar of Voters, it is
anticipated that the amount budgeted is sufficient.
if; -/
,.
RESOLUTION NO. /~5/Cl
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, RECITING THE FACT OF A SPECIAL
MUNICIPAL RUNOFF ELECTION HELD ON NOVEMBER 5, 1996,
DECLARING THE RESULT, AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a special municipal runoff election was called by Resolution No. 18386,
held and conducted in the City of Chula Vista, California, on Tuesday, November 5, 1996, as
required by law to elect a member of the City Council for Seats 3 and 4; and
WHEREAS, notice of the election was given in time, form, and manner as provided by
law; that voting precincts were properly established; that election officers were appointed and
that in all respects the election was held and conducted; that votes were cast, received, and
canvassed; and the returns made and declared in time, form, and manner as required by the
provisions of the Elections Code of the State of California for the holding of elections in
charter cities; and
WHEREAS, pursuant to Resolution 18386 adopted August 6, 1996, the Registrar of
Voters canvassed the returns of the election and has certified the results to the City Council.
The results are received and made a part hereof as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTAS DOES
HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1: That the number of ballots cast at the polls was 33.486 with 11,608 absent
voter ballots for a grand total number of ballots cast in the City being 45,094;
and
SECTION 2: That the names of the Nominees for Seat 3 were: John Moot and Dennis
Rowley; and
SECTION 3: That the names of the Nominees for Seat 4 were: James Cartmill and Mary
Salas; and
SECTION 4: That the number of votes given at each precinct and the number of votes given
in the City to each of the persons above names for Seat 3 and Seat 4 for which
the persons were candidates are as listed in Exhibit A attached.
SECTION 5: The City Council does hereby declare John Moot as elected to Seat 3 and Mary
Salas as elected to Seat 4.
SECTION 6: The City Clerk shall enter on the records of the City Council of the City of Chula
Vista, a statement of the result of the election, showing the whole number of
ballots cast in the City.
Presented by Approved as to form by
Beverly A. Authelet
City Clerk
'I/;"eA
I
12-02-96 03: 13PM
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CITY Of
CHUIA VISTA
OFFICE OF THE CITY A TIORNEY
Date:
December 2, 1996
From:
The Honorable Mayor and city council ~
John M. Kaheny, city Attorne~~I~ ~
Report Regarding Actions Tak~in Closed Session
for the Meeting of 11/26/96
To:
Re:
The City council met in Closed Session to discuss Christopher v.
City of Chula Vista, Metro Sewer, labor negotiations and the claim
of Alfred B. Salganick, M.D.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
C:\lt\clossess.no
~a.."1
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
i~ PooI-ccns.m..F8.)ded~
ftECEIVED
Patty Dauis Property Management
4190 Bonita Rd. # 1 03
Bonita, CA 91902
475-7368
'9lS IIJV 26 All:.34
NOV25
~1""A V" 1ST f
.' IrS tf'F'lcr
Nouember 22, 1996
Mayor Shirley Horton and Members of the City Council
City of Chula Uista
276 Fourth Auenue
Chula Uista, CA. 91910
Re: Resignation of the Economic Deuelopment Commission
Dear Mayor and Members of the City Council,
Thank you for the opportunity to serue on the Economic Deuelopment
Commission. This Commission is uery uital and important to the City. I feel
it is time to bring on someone in my place who is as motiuated and eHcited
as I am about economic deuelopment in Chula Uista. The Pacific Southwest
Association of REALTORS has nominated Chris Lewis as my replacement.
This letter is to tender my resignation and to aduise you that I will be
continually inuolued in economic deuelopment in the City. I am not going
away just doing some personal time mangagement for me and bringing
new blood to help achieue the goals and objectiues of the Economic
Deuelopment Commission. Let me reiterate how important I feel this
commission is to the City and realize presently our economic deuelopment
department is understaffed. I hope that future budgets will look at
increasing staff in this uital area. I applaud our staff and the wonderful
accomplishments they haue made and hope that we can prouide them with
the resources they need to accomplish more. Again thank you for the
opportunity to serue on the Economic Deuelopment Commission and I look
forward to continue seruing the City on the Planning Commission.
Sincerel
,
CC-,'
g 7~ ('U
C~~
0~' '1 C'P
Q-.
Patty D uis
Economic Deuelopment Commissioner
WRfi~~~T~i~~ (~(1d)~J~~S~jV~~
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ftE C E I\il::Wrkforce Partnership"
DEe 2 i~??~:,
,
I
.--J
'-' WINNER '..l
! II! ~
~ 'I
\'/ PRESIDENTIAL ~I
~ AWARD ~)I
';../ "NATION'S FINEST" &
1'\' 11,';;
, ~:;.\ \ / Ii!;;"
: ~~~,
'96 IE -2 PJ:41
COMMUNITY DEVELOPMENT
DEPARTMENT
I&'( eF .. VfSJA
.. 11I.'S tffICE
----...
November 27,1996
Ms. Cheryl Dye
Chula Vista Economic Development Commission
276 4th Avenue
Chula Vista, CA 91910
Dear Cheryl:
This is to formally notify you that I am no longer with the Private Industry Council
and my new position with San Diego City Schools will not afford me the
opportunity to serve on the Chula Vista Economic Development Commission.
I am grateful for the opportunity I had to serve on the commission for the
betterment of the City of Chula Vista.
Sincerely,
<\7 /:2.....,. I }s---
"~C>fzJ~
Brene E. Patrick
BEP/lmb/win/cvecbep
r2C
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1<;::;1 r:n~!r!hA.":":l~II' . SuitCh(\[) . S.1!1Dil'I:'(\,t'>\92F':1 . ((11Q\2~R-l..t4:;. FAX (h19) 238-f)063
~ECEIVED
'96 IIC -) ml:14
l"llfsA.~~
Dear Youth Commission,
After being on the commission tor five years, I can look back and see what great
things we have accomplished for our city. Everything from wrapping Christmas presents
for the needy to making decisions about who should get certain funding from the City.
I have met many, many people all of which were in full support of our actions and
with great leader such as Rosemary, Cathy and Officer Pugsley how could they have
refused us. I wish to thank all of the commissioners whom I have had the privilege to serve
with and guide. All of you have helped make me feel important and supported the
comnusslOn.
I challenge you to keep active in this, our community, so that the youth don't lose
their say. Keep being great examples so that the older generations will not look down on
us but will see us as equals. You may not realize this but everyone is watching the youth.
We are this countries greatest resource. Let us not ruin our good name.
James, Keep the commission involved with the community. Don't let it flicker out,
keep it strong and strive to keep everyone involved. I know you can do it.
Thank you all for many good times and many trying times. Thank you Rosemary
for all your guidance and reassuring smiles. Cathy, you were always there to help me with
the commission and the Law. Last but most certainly not least Officer Pugsley, Thank you
for always being lighthearted, I can truly say that you Jre my friend. Thank you all.
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"!CEIVfW
'96 [EC -3 1'12:48
Ill.~
Nov 18,1996
Chairperson,
Cultural Arts Commission
City of Chula Vista
Dear Chair Pelayo,
Please accept my resignation from the Cultural Arts Commission effective
immediately.
Sincerely,
~~L~
Melody Cernitz
c.!.
WRITTEN lr'iW'''''o.'' "\ "" (j rr' -,., rnl!O"'IlS
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COUNCIL AGENDA STATEMENT
ITEM -2
MEETING DATE 12/10/96
ITEM TITLE:
RESOLUTION 18'..5'/1 Amending the budget to provide for
salary adjustments for certain classifications.
SUBMITTED BY:
"'......
DIRECTOR OF HUMAN RES~CESLP
CITY MANAGE~ ~~ (4/5ths Vote: Yes]LNo_)
REVIEWED BY:
This item will be continued at the next regularly scheduled Council meeting of December 17, 1996.
7
COUNCIL AGENDA STATEMENT
ITEM
8"
) 3'5/.2-
Resolution Accepting and amending the
salary of benefits increases for the Executive
Director and Deputy Director of California
Border Alliance Group (CBAG).
, l8'f/7 ,
Resolutlon - ACceptlng $33,243 of High
Intensity Trafficking Area (HIDTA) Grant funds
to the Chula Vista Police Department,
administered by the Master Fiscal Agent San
Diego Police Department. The CBAG COORDINATOR
FOR OPERATIONS/INTELLIGENCE position, from
January 1, 1997, to June 30, 1997.
SUBMITTED BY: Chief of pOliceR~~
REVIEWED BY: City Manage~i~~~/5THS VOTE: YES~ NO___)
On September 5, 1995, City Council approved the City of Chula Vista
to act as the "fiscal agent" for the California Border Alliance
Group (CBAG) and act as conduit to obtain civilian support
personnel and to acquire related supplies for three employees. On
July 16, 1996, City Council approved adding two additional CBAG
support personnel. The Deputy Director's position took effect
July 1, 1996, and the CBAG Coordinator for Operations/Intelligence
is to take effect January 1, 1997 (Attachment A). This employee
will continue to work in the United States Attorney's Office and
perform the same duties; however, the City would become the" fiscal
agent" for this employee (Attachment B), and continue to be the
"fiscal agent" for the previous four CBAG employees. The proposed
resolutions would enable:
MEETING DATE 12-10-96
ITEM TITLE:
A.
B.
1. Chula Vista to act in this capacity, result in full
reimbursement of all expenditures by the City in support of
CBAG and compensate the City for related processing costs at
the rate of 2% of total CBAG expenditures; and
2. Chula Vista to pay federal government pay increases effective
January 1, 1997, to the two executive positions for the CBAG,
Executive Director and Deputy Director (Attachment C). These
amendments would represent pass through costs from the City of
Chula Vista to these employees. The funding is from the San
Diego Police Department Master Fiscal Agent MOU (Attachment
D) .
2'--/
Page 2,
Item
Meeting Date 12-10-95
RECOMMENDATION: Approve the proposed Resolutions. The staff
recommendation will: 1) provide for the City to be reimbursed for
all expenses associated with salary and benefits increases for CBAG
executive positions, and reimbursed for all expenses incurred
during the hiring process of the additional CBAG position including
a nominal processing cost reimbursement; 2) amend the Police
Department's Grant Fund budget to support these actions.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSIONS
The United States Attorney's Office Southern District of
California (USA), a division of the United States Department of
Justice (DOJ) , has received federal funding to implement the
California Border Alliance Group (CBAG). The mission of CBAG is to
develop multi-jurisdictional, cooperative strategies to: a) gather
intelligence on drug traffickers; b) investigate drug trafficking
activities; c) arrest persons involved with illegal drug
trafficking; d) to successfully prosecute those arrested. CBAG is
funded through a "High Intensity Drug Trafficking Area" (HIDTA)
supplemental funding provision contained in the Federal
Appropriations Acts for each federal year from 1988 to 1997; the
Anti-Drug Abuse Act of 1988; and, the National Drug Control
Strategy of 1990. San Diego and Imperial counties have been
designated as a HIDTA due to the volume of illegal narcotics
entering the United States through the international border
frontier.
The City of San Diego, through the Police Department, is the Master
Fiscal Agent for the area fiscal agent approved cities. The San
Diego Police Department receives an annual allocation of HIDTA
funding by making application to the DOJ prior to each federal
fiscal year. Participating agencies make individual claims to
obtain reimbursement from the DOJ for expenses related to their
CBAG assigned personnel.
The resolutions proposed by staff will amend the FY 96-97 budget to
reflect reimbursement of all expenses associated with the federal
salary increases for the executive positions and full funding of
the coordinator position added in July 16, 1996. The total
reimbursement to the city will include a processing fee payable to
the City that will be calculated at 2% of total funds passed
through the City to CBAG. Approval of these resolutions will
reflect the actual federal allocation for CBAG staff in the Police
Department's FY 96-97 budget.
8"..2...
FISCAL IMPACT:
Page 3, Item
Meeting Date 12-10-95
Approval of the staff recommendation will
result in the total appropriation of $37,488.
This figure represents $33,243 for the
Coordinator's position, $3,015 for the
Director's position, and $1,230 for the Deputy
Director's position for six months to the end
of the current fiscal year. The previous
Reimbursement Agreements tendered by the
Department of Justice will provide for
reimbursement of all City expenditures related
to the position and approximately $735.00 (2%)
in processing cost charges to the City. Based
on anticipated expenses, net fiscal impact is
+ $735.00, in new revenue to the City.
8'" J
ATTACHMENT A
COUNCIL AGENDA STATEMENT
Item -:iJ;., ,
Meeting Date July , 1996
ITEM TITLE: A.
Ordinance Amending section 2.05.010 of the Chula
Vista Municipal Code to add two additional unclassified
California Border Alliance Group full-time positions.
E.
B. Resolution Approving an Agreement between the City
of Chula vista and the United States Government by and
through the Executive Offices of the United states
Attorney for fiscal agent services.
C. Resolution Amending the Fringe Benefit Resolutions
for Executives and Mid-Managers to include two
California Border Alliance Group positions.
D. Resolution 1) accepting $22,950 of High Intensity
Drug Trafficking Area (HIDTA) Grant funds through the
United States Attorneys Office for administrative costs
associated with the California Border Alliance Group
(CBAG), 2) appropriating unanticipated grant revenues
in the General Fund, and 3) amending the Fiscal Year
1996-97 budget to include total of 2.00 FTE positions
subject to continued grant funding.
Resolution Approving Reimbursement Agreement
and an Intergovernmental Personnel Assignment Agreement
and amending the budget to appropriate the funds
received under the Reimbursement Agreement to the
Employee Expenses for the Deputy Director, and
authorizing the Mayor to execute said agreements, FY
1996-97.
F.
Resolution Accepting $61,709 of High Intensity
Drug Trafficking Area (HIDTA) Grant funds to the Chula
Vista Police Department, administered by the Master
Fiscal Agent San Diego Police Department for the other
agencies per the Memorandum of Understanding with the
other cities to extend the two CBAG positions previously
approved December 5, 1995.
Chief of Police ~~V
SUBMITTED BY:
REVIEWED BY:
city Manager
(4/sth's Vote: Yes_X No__)
On September 5, 1995, City Council Approved the City of Chula Vista to
act as the "fiscal agent" for the California Border Alliance Group
(CBAG) and act as conduit to obtain civilian support personnel and to
8'-1
Page 2, Item
Meeting Date July 9, 1996
acquire related supplies and services for three employees (Attachment
A). We are now being asked by the united states Attorney's Office
(USA) to add two employees to the CBAG support personnel- compliment.
These employees are currently employed by the United states Attorney's
Office as CBAG personnel and would be hired by the City of Chula Vista.
The hiring of the Deputy Director to take effect July 1,1996, and the
Coordinator for operations/CBAG to take effect JanUary 1, 1997. These,
employees would continue to work in the united states Attorney's Office-
and perform their same duties, however, the City would become the
"fiscal agent" for these two employees as well as continue to be the
"fiscal agent" for the previous three CBAG employees. The proposed
ordinance and resolutions would enable Chula Vista to act in this
capacity, result in the full reimbursement of all expenditures by the
City in support of CBAG and compensate the City for related processing
costs at the rate of 2% of total CBAG expenditures. The funding is a
combination of funds from the USA as well as the San Diego Police
Department Master Fiscal Agent.MOU (Attachment B).
RECOMMENDATION: Approve the proposed Ordinance and Resolutions. The
staff recommendation will: 1) create 2.0 additional Unclassified CBAG
positions; 2) provide for the City to be reimbursed for all expenses
associated with hiring these CBAG positions including a nominal
processing cost reimbursement; 3) make appropriate technical
adjustments to the Police Department's Grant Fund budget to support
these actions.
BOARD/COMMISSION RECOMMENDATION: N/A
I. BACKGROUND
The United States Attorney's Office - Southern District of California
(USA), a division of the United States Department of Justice (DOJ) , has
received federal funding to implement the California Border Alliance
Group (CBAG). The mission of CBAG is to develop multi-jurisdictional,
cooperative strategies to: a) gather intelligence on drug traffickers;
b) investigate drug trafficking activities; c) arrest persons involved
with illegal drug trafficking; and, d) to successfully prosecute those
arrested. CBAG is funded through a "High Intensity Drug Trafficking
Area" (HIDTA) supplemental funding provision contained in the Federal
Appropriations Acts for each federal fiscal year from 1988 to 1996 (the
current federal fiscal year); the Anti-Drug Abuse Act of 1988; and, the
National Drug Control Strategy of 1990. San Diego and Imperial
counties have been designated as a HIDTA due to the volume of illegal
narcotics entering the united States through the international border
frontier.
The City of San Diego, through the Police Department, is the Master
Fiscal Agent for the area fiscal agent approved cities. The San Diego
Police Department receives an annual allocation of HIDTA funding by
making application to the DOJ prior to each federal fiscal year. The
application reflects the personnel and non-personnel costs for each
0'5'
Page 3, Item
Meeting Date July 9, 1996
agency expected to participate in CBAG during the next fiscal year.
Upon approval of this grant application #110100, participating
agencies, including the City, assigns one or more sworn law enforcement
officers to CBAG. During the course of the year, participating
agencies make individual claims to obtain reimbursement from the DOJ
for expenses related to their CBAG assigned officer: As articulated in:'
the FY 1996-97 Police Department Grant Funds Operation Alliance
budget (100-1094), the CVPD has assigned 1.0 Police Agent to CBAG.
The ordinance and resolutions proposed by staff will:
* increase the number of unclassified positions from three to five
(Existing-CBAG Executive Director; CBAG Analyst; CBAG Secretary;
Add-CBAG Deputy Executive Director effective July 1, 1996; and,
CBAG Coordinator for Operations/Intelligence Policy, Plans, and
Program requirements effective January 1, 1997) required to
provide to an appropriate level of administrative support to this
important national security effort;
* extend the CBAG Executive and Secretary funded positions FY
1996-97 and transition the reimbursement funding from the Imperial
County Sheriff's Department to the Master Fiscal Agent, San Diego
Police Department effective July 1, 1996, funding for these
positions was appropriated through the FY 1996-97 budget adoption;
* provide for the City to be reimbursed for all expenses associated
with hiring and maintaining the five positions including a
processing fee payable to the City that will be calculated at 2%
of total funds passed through the City to CBAG;
* direct the staff to place the two new unclassified positions in
the city's salary and benefits plans, authorize the Chief of
POlice, subject to the approval of the City Manager, to appoint
Ron Papania CBAG Deputy Director and Kean McAdams CBAG Coordinator
for Operations effective the official date of City Council action
on these items; and,
* direct staff to amend the Police Department's Grant Fund budget in
the manner prescribed in Attachment C.
II. DISCUSSION
A. Participation and Cooperation. One of the primary
Congressional policy objectives of CBAG is to increase cooperation
between federal, state and local law enforcement jurisdictions.
Accordingly, the CBAG effort is staffed by sworn, civil service
employees from local, state and federal law enforcement agencies. HIDTA
funds cannot be expended unless each level of law enforcement in HIDTA
designated region is represented in the effort. Federal agencies
represented in CBAG include the United States Customs Service, the Drug
Enforcement Administration and the United States Border Patrol. State
O"~
Page 4, Item
Meeting Date July 9, 1996
agencies represented in CBAG include the Bureau . of Narcotic
Enforcement, the Imperial County Sheriff, the San Diego County Sheriff
and the District Attorneys of both counties. Local agencies
represented in CBAG include San Diego Unified Port Department and
numerous municipal police departments including Chula Vista Police
Department (CVPD). In total, fourteen (14) agencies and over
one-hundred sworn officers participate in the CBAG .effort. The Office,
of the USA coordinates the efforts of participating agencies to ensure-
this cooperation and representation exists.
B. CBAG Support Staffing. The United States Attorney's office
sought and received additional federal funding to hire a total of five
full-time administrative and managerial support personnel: an Executive
Director, an Analyst, an Secretary (are with us at this time), and add
an Deputy Director and a Coordinator for Operations to our "fiscal
agent" role.
C. Why Chu1a Vista. The United States Attorney's (USA) office
approached Chula Vista to act as the "fiscal agent" based on a number
of factors. First, the USA felt it was imperative that a participating
entity act as the CBAG fiscal agent. Second, the City of Chula Vista
was one of the only agencies participating in CBAG which met all of the
USA's eligibility criteria and was, therefore, the first choice to
serve CBAG as its fiscal agent for the additional two CBAG positions.
III. SUB-ITEM SPECIFIC DISCUSSION
A. Ordinance Amending Section 2.05.010 of the Chula vista
Municipal Code to add two additional unclassified California Border
Alliance Group full-time positions. Article VII, Section 701 (a) (7)
enables the City Council to create unclassified Service positions for
"Persons employed to fill positions which have been created for work
and/or projects funded entirely or in part by grants made to the City."
Article VII, Section 701(a) (8) requires that such positions be created
by an Ordinance adopted by a 4/5ths vote of the City Council. Chapter
2.05.010 of the Municipal Code specifies the unclassified positions be
established by the City Council. This section of the Municipal Code
must be amended to reflect the inclusion of the proposed two additional
CBAG positions. The two additional recommended employees will receive
the benefit package prescribed for their representation unit. All
direct costs born by the City of Chula Vista in the employment of the
two additional proposed positions will be reimbursed by the Department
of Justice through the Executive Office for United States Attorneys and
the City of San Diego.
B. Resolution Approving an Agreement between the City of Chula
vista and the United Sates Government by and through the Executive
Offices of the United States Attorney for fiscal agent services. The
proposed agreement will protect the City from potential liabilities
that could arise from services performed by the CBAG executive and
management staff.
~...?
Page 5, Item
Meeting Date July 9, 1996
C. Resolution Amending the Fringe Benefit Resolutions for
Executives and Mid-Managers to include two additional California Border
Alliance Group positions. This resolution will amend the Fringe
Benefit Resolutions that specify the benefit package for the
representation unit into which it is recommended that the two
additional CBAG employees be placed. The proposed -Resolution will add,
the two recommended CBAG positions to the -employees specified to-
receive benefits, Executive classification for Deputy Director, and
Mid-Manager classification for the Coordinator for Operations/CBAG.
D. Resolution accepting $22,950 of High Intensity Drug Trafficking
Area (HIDTA) Grant funds through the United states Attorneys Office for
administrati ve costs associated with the California Border Alliance
Group (CBAG). This portion of the Resolution would reimburse the City
for the salary of the CBAG Deputy Director until September 30, 1996,
when the fundlng source will be from HIDTA funds through the San Diego
Police Department. 2) appropriating unanticipated grant revenues.
This portion of the Resolution would provide the funds for the
position. 3) amending the Fiscal Year 1996-97 budget to include total
of 2.00 FTE positions subject to continued grant funding. This
portion of the Resolution would provide for the changes needed to amend
the number of positions in CBAG.
E. Resolution Approving one Reimbursement Agreement and an
Intergovernmental Personnel Assignment Agreement and amending the
budget to appropriate the funds received under the Reimbursement
Agreement to the Employee Expenses for the one additional employee, and
authorizing the Mayor to execute said agreement,FY 1996-97. The
Reimbursement Agreement (RA) is the Department of Justice offer to
reimburse the City for what they term "contract employment" of the one
additional position, Deputy Director until September 30, 1996. On
October 1, 1996, the funding for Deputy Director would be from the
grant through the MOU with the City of San Diego Police Department.
The second new position, Coordinator for Operations/CBAG, would not
take effect until January 1, 1997, and would be funded through the MOU
with the City of San Diego Police Department. According to the United
States Attorney, all five CBAG positions have an approximate funding
expectancy of at least twenty-four months. The proposed Resolutions
and Ordinances contain specific language conditioning the employment of
CBAG positions to federal funding through Department of Justice and the
Executive Office for United States Attorneys. Specifically, this
proposed Resolution accepts the Department of Justice offer to
reimburse the City for costs associated with the additional recommended
CBAG positions subject to the cited time frames and conditions. The
purposes of the Intergovernmental Personnel Act Agreement are to
provide: 1) a mechanism for the City to loan employees to the Federal
government; and, 2) complete indemnification by the Federal government
to the City for all acts of those employees.
3-"'8"
Page 6, Item
Meeting Date July 9, 1996
F. ResOlution Accepting $61,709 of High Intensity Drug-Trafficking
Area (HIDTA) Grant Funds to the Chula Vista Police Department,
administered by the Master Fiscal Agent San Diego Police Department for
the other agencies per the Memorandum of Understanding with the other
ci ties to extend the two positions previouslY approved _by Council ~
December 5, 1995. The portion of the resolution continues to provide
salary reimbursement for the two current CBAG employees, Executive
Director and Secretary, to become effective July 1, 1996, for FY
1996-97, via the Master Fiscal Agent.
FISCAL IMPACT: Approval of the staff recommendation will result in the
appropriation of $22,950, in the amount specified in
Resolution D, for the purpose of creating two new
unclassified positions, and the extension of two CBAG
support staff, which provide professional
administrative support of the California Border
Alliance Group. The Reimbursement Agreements tendered
by the Department of Justice will provide for
reimbursement of all City expenditures related to the
two additional positions and approximately $436.00
(2%) in processing cost charges to the City. Based on
anticipated expenses, net fiscal impact is + $436.00,
in new revenue to the City.
The City presently receives the 2% ($1,234) processing
costs from the $61,709 listed in Resolution F above.
The total net impact of extending two positions and
adding two positions to CBAG, is + $1,670 in revenue to
the General Fund.
8',9
Attachment B
CBAG PROPOSED POSITIONS
OBJECT COST PROPOSED USE
ACCOUNT
5101 $25,093 CBAG Coordinator for
Ops/Intel...Salary
5141 $ 3,842 Total Retirement Contribution
5142 $ 2,773 Flex Plan Annual Cost
5143 $ 364 Medicare Contribution
5144 $ 196 Workers Compensation
$ 92 Life Insurance
$ 231 Long Term Disability
TOTAL $32,591 Total Compensation Jan. 1 - June 30,
1997
$ 652 2% Processing Fee
$33,243 TOTAL COST JAN. 1 - JUNE 30, 1997
8"-/~
ATTACHMENT C
CBAG EXECUTIVE SALARY AND BENEFITS INCREASE
OBJECT ACCOUNT COST - 6 MONTHS PROPOSED USE
5101 $2,531 CBAG Executive Director
Salary Increase
5141 $ 388 Increase in Retirement
Contribution - 15.345%
5143 $ 37 Increase Medicare
Contribution - 1.45%
TOTAL $2,956 Increase in Total
Compensation
$ 59 2% Processing fee on
Increase
$3,015 Total Increase Costs
CBAG EXECUTIVE SALARY & BENEFITS INCREASE
OBJECT ACCOUNT COST - 6 MONTHS PROPOSED USE
5101 $1,032 CBAG Deputy Director
Salary Increase
5141 $ 159 Increase in Retirement
Contribution - 15.345%
5143 $ 15 Increase in Medicare
Contribution - 1. 45%
TOTAL $1,206 Increase in Total
Compensation
$ 24 2% Processing Fee on
Increase
$1,230 Total Increase Costs
~'//
THE CITY OF
C'.vi"'\:)
SAN DIEGO
ATTACHMENT D
FOUCE DEPART:\fE.\T . 1401 BRO.-\DIH Y
S.1NDIECO, C4UFOR.V!A 92101.5729. TElLPHONE(619)531.2000
OFFICE OF
JERRY SANDERS
CHIEF OF POLICE
I.... '::;:::PLY!NG
::>LE;ASE; GIV!::.
DUflI3EF. NO.
MEMORANDUM OF UNDERSTANDING
(PAGE 1 01' 2)
The Office of National Drug Control Policy (ONDCP) has awarded a
HIDTA Grant (Appendix A) to the San Diego Police Department (SDPD)
in behalf of all State and Local Law Enforcement Agencies
participating in the California Border Alliance Group (CBAG).
These funds shall be used as d~signated in each agency's CBAG-
recommended and ONDCP-approved budget for each initiative (Appendix
B) ,
Scope of Service
The services carried out under this memorandum of understanding
shall be consistent with those contained in the Initiative Proposal
and Budget as approved for funding by ONDCP, Changes shall not be
made in the subj ect or the proposed obj ecti ves and products of
initiative activities without prior written approval from the CBAG
Executive Committee and the Southwest Border HIDTA Director.
Reprogramming of Funds
Reprogramming of funds require different levels of approval based
on the amount to be reprogrammed and whether the reprogramming is
inter-agency or inter-initiative. In all cases the recipient
agency is responsible for maintaining detailed records of the
reprogramming activities and forwarding a request for authorization
to the CBAG Executive Committee,
Reporting Requirements
A final report of initiative expenditures shall be submitted to
CBAG within thirty (30) days after the close of the approved period
of the HIDTA grant. Interim financial reports shall be submitted
to CBAG by April 30th for the period ending March 31st. It is
understood that these reports are required by ONDCP.
The financial report shall contain expenditures/costs by cost
categories of the approved initiative budget and the comparison of
actual expenditures/costs against budget estimates. Failure to
submit reports on a timely basis may result in the interruption or
termination of the initiative funding for that agency.
Detailed information on the financial reporting requirement
found in the FY96 Program Guidance (Appendix C) .
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Memorandum of Understanding
(PAGE 2 Of' 2)
Financial Management Standards (Refer to Appendix A)
Records Retention (Refer to Appendix A)
Equipment/Vehicles (Refer to Appendix A)
Procurement Standards (Refer to Appendix A)
Supplanting (Refer to Appendix A)
Invoicing
Each agency shall invoice once per month, on or about the fifteenth
of the month, for expenditures incurred during the prior month.
Invoices shall report each initiative separately and contain the
expenditures by category with the agency maintaining the
documentation. Equipment should be identified by item and cost.
A CBAG inventory bar code tag will be issued for each item. Each
agency shall maintain the item in its inventory and place the CBAG
bar code tag on each item. This will assist us in meeting ONDCP's
requirement for a Partnership Equipment Book.
Acceptance
Acceptance of this MOU by participating agencies is acceptance of
all standards and conditions of the HIDTA Grant, included as
Appendix A.
Participating Agency:
Chula Vista Police Department
Fiscal Agent:
San Diego Police Department
./'''''''\ --\ ,n
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Richard P. Emerson, Chief
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Jerry sangers, Chief
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s. I,?PLICAHT INFOR.YATlON
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a. TYPE OF APPllCATlON:
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9. NAME OF FEDERAL ACENCY:
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RESOLUTION NO.
/ ~.5/.2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND AMENDING THE SALARY
OF BENEFITS INCREASES FOR THE EXECUTIVE
DIRECTOR AND DEPUTY DIRECTOR OF CALIFORNIA
BORDER ALLIANCE GROUP (CBAG)
WHEREAS, Chula Vista agrees to pay federal government pay
increases effective January 1, 1997, to the two executive positions
for the CBAG Executive Director and Deputy Director as shown in
Attachment C; and
WHEREAS, these amendments would represent pass through
costs from the city of Chula Vista to these employees; and
WHEREAS, the funding is from the San Diego Police
Department Master Fiscal Agent Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby accept and amend the salary of
benefits increases for the Executive Director and Deputy Director
of California Border Alliance Group (CBAG) as set forth in
Attachment C.
Presented by
Approved as to form by
ohn M. Kaheny,
Attorney
Richard P. Emerson, Chief of
Police
C:\rs\cbag.2
~/J" /
RESOLUTION NO. /r'.5I3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $33,243 OF HIGH
INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
FUNDS TO THE CHULA VISTA POLICE DEPARTMENT,
ADMINISTERED BY THE MASTER FISCAL AGENT SAN
DIEGO POLICE DEPARTMENT, FOR THE CBAG
COORDINATOR FOR OPERATIONS/INTELLIGENCE
POSITION, FROM JANUARY 1, 1997 TO JUNE 30,
1997
WHEREAS, on September 5, 1995, City Council approved the
City of Chula Vista to act as the "fiscal agent" for the California
Border Alliance Group and act as conduit to obtain civilian support
personnel and to acquire related supplies for three employees; and
WHEREAS, CBAG is funded through a "High Intensity Drug
Trafficking Area" supplemental funding provision contained in the
Federal Appropriations Act for each federal fiscal year from 1988
to 1996; the Anti-Drug Abuse Act of 1988; and the National Drug
Control Strategy of 1990; and
WHEREAS, San Diego and Imperial Counties have been
designated as a HIDTA area due to the volume of illegal narcotics
entering the united States through the international border
frontier; and
WHEREAS, the city of San Diego, through the Police
Department, is the Master Fiscal Agent for the area fiscal agent
approved cities and receives an annual allocation of HIDTA funding
by making application to the Department of Justice prior to each
federal fiscal year which application reflects the personnel and
non-personnel costs for each agency expected to participate in CBAG
during the next federal fiscal year; and
WHEREAS, the funding available in the amount of $33,243
is to provide salary reimbursement for the CBAG Coordinator for
Operations/Intelligence from January 1, 1997 to June 30, 1997 in
order to reimburse the city for all expenditures by the City in
support of CBAG and compensate the city for related processing
costs at the rate of 2% of total CBAG expenditures.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby accept $33,243 of High Intensity
Drug Trafficking Area Grant funds to the Chula vista Police
Department, administered by the master Fiscal Agent San Diego
Police Department, for the CBAG Coordinator for Operations/
Intelligence position from January 1, 1997 to June 30, 1997.
Presented by
Approved as to form by
Richard P. Emerson, Chief of
Police
n M. Kaheny,
ttorney
88-/
COUNCil AGENDA STATEMENT
Item 9
Meeting Date 12/10/96
ITEM TiTlE:
Resolution I Y.PI Y Authorizing staff to prepare a letter to the San
Diego Regional Technology Alliance (RTA) for the Mayor's signature
regarding the Draft "Development of a Seamless Economic Development
Delivery System for San Diego" Study
Community Development rho~ [7-
City Manag~ ~ ~~
{4/5ths Vote: Yes_ NoXI
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
The San Diego Regional Technology Alliance (RTA) is a state-funded, private non-profit
organization serving companies wishing to develop dual use technologies through assistance in
obtaining state and federal grants. The RT A is also working to develop a regional Economic
Development strategy and has commissioned the consulting firm of Celeste and Sabety, Ltd. to
evaluate existing economic development services throughout San Diego County and to recommend
actions to create a "seamless economic delivery system". The resulting Draft Study is attached
for Council's review (Attachment 1). The study's methodology, findings and recommendations
have been questioned by economic development organizations throughout the County.
City staff previously submitted an Information Item, accompanied by the draft report which
indicated that staff had concerns and referenced the Resolution adopted by the County Board of
Supervisors on November 12 (Attachments 2 and 3). The County Resolution: 1) disapproves the
report, 2) asks the RTA to postpone consideration of the study pending input from Town Hall
meetings, and 3) appoints County staff to identify suggested recipients of the proposed study.
On November 13, a letter was sent by staff to RT A Chairman Ken Widder requesting an
opportunity for Council, the Chula Vista Economic Development Commission and the BECA Board
to comment prior to any RT A action. Staff is now recommending that Council forward a letter to
the RTA expressing the City's concerns as summarized herein. Additionally, the Chula Vista
Chamber of Commerce has expressed similar concerns. A copy of the Chamber's letter is included
for your information as Attachment 4.
RECOMMENDATION: That Council forward a letter to the Chairman of the RTA expressing
concerns as outlined in this report regarding the Draft Regional Economic Development Delivery
System report and requesting that the revised draft be redistributed to the public prior to its
adoption by the RT A Board.
BOARDS/COMMISSIONS RECOMMENDATION: The report was distributed to the Chula Vista
Economic Development Commission and agendized for November 6, 1996. On December 4,
1 996, the EDC voted to endorse staff's report and to submit a letter to Council regarding their
concerns. The report was also distributed to the BECA Advisory Board and agendized for
November 15, but was not acted upon due to a lack of quorum. It will be rescheduled for
December 20.
9-/
Page 2, Item 1
Meeting Date 12/10/96
DISCUSSION:
The Celeste and Sabety study is attached for Council's review. Some of the key items are
highlighted below:
Findinqs
1 . San Diego Economic Development programs are competitive with most regions
2. The San Diego economy is dominated by small, technology-based companies in 8-10
categories (clusters)
3. There is significant redundancy in economic development services; and there are numerous
"subcritical" economic development organizations
4. Four organizations were deemed most important: Greater San Diego Chamber, San Diego
Economic Development Corporation (SDEDC), City of San Diego Economic Development
Services, and UCSD CONNECT
5. The most requested services by business were identified as: general business advocacy,
personnel recruitment, permitting, siting, and capital
6. Economic development programs need more emphasis on capital, recruiting, training,
incubation
7. There is a general lack of awareness by the business community of economic development
services offered
Recommendations
1 . Consolidate economic development delivery systems in a regional economic development
corporation
2. "Evolve the San Diego Economic Development Corporation (SDEDC) into the regional
economic development corporation"
3. SDEDC should plan, market, manage, and evaluate (region wide) economic service delivery
4. SDEDC should take over the RTA, San Diego High Technology Resource Center IHTRC),
San Diego EMTEK Loan Program, Center for Applied Competitive Technologies (CACT at
City College), and Southwestern Technology Transfer Center (SWTTC)
5. Appoint highest level public and private representatives to the SDEDC Board of Directors
6. Attraction, expansion retention, incubation should focus on industry clusters
7. Create Case Teams from SDEDC, service providers and governmental entity in which
business is located
8. SDEDC build strong regional network, including Tijuana
9. CONNECT Task Force should strengthen capital programs
10. A San Diego Chamber of Commerce, Southwestern College, and City of San Diego Task-
led Force should strengthen small business assistance programs
11. A World Trade Center-led Task Force should strengthen trade programs
12. A San Diego Private Industry Council-led Task Force should strengthen worker training
programs
13. A SDEDC-Ied Task Force should strengthen expansion/retention programs
14. RT A should implement an economic development electronic information system
15. An RT A-led Task Force should assess need for incubators
16. An RT A-led Task Force should address plan for worker recruitment
9-2
Page 3, Item ?
Meeting Date 12/10/96
Chula Vista/BECA Questions and Concerns
The Study has generated discussion among economic development entities and professionals in
the San Diego area. This dialogue could be a positive product of the Study and should be
applauded. On the other hand, the study's methodology may have resulted in additional
divisiveness, or "lack of trust" as the study refers to it, due to a lack of adequate regional input,
as well as to what may be viewed as a fairly superficial analysis of the delivery system issues.
There appears to be a general concern that the study places an emphasis on consolidation and
control of region-wide economic development programs by one "regional corporate entity" rather
than on the need for a true regional strategy, coordination of services, and leveraging of resources.
At the same time, there appears to be a high degree of confusion regarding precisely what the
study is recommending, how its recommendations are intended to actually promote "integration"
of services, and how existing economic development entities would be impacted. It is unclear how
the SDEDC will "plan, manage, market and evaluate economic development service delivery" as
the study recommends. For example, how does this recommendation impact economic
development organizations such as the existing four regional economic development commissions
(including the South County Economic Development Council), City-sponsored economic
development programs (including San Diego and Chula Vista), non-profit incubators (CACT, BEBC),
Small Business Development Centers, the World Trade Center, the Contract Opportunity Center,
Chambers of Commerce, BECA and others?
The study states on page 52 "that the SDEDC for Economic Development Services will have
authority...to decide whether SDEDC should "make or buy" the services...and is responsible for
allocating resources to service providers." What does this mean? Where would these "resources"
be allocated from? How does this relate to the fact that a major portion of the SDEDC's funding
is from the City of San Diego or to the fact that many of these non-SDEDC programs are currently
grant funded?"
An area of particular interest for Chula Vista pertains to BECA's relationship with the San Diego
RT A. BECA was established as a satellite to the City of San Diego's Defense Conversion programs
which fell under the RTA (formerly San Diego Technology Council) "umbrella." These include the
HTRC, CACT Incubator, Emtek Loan Fund, and World Trade Center. BECA has a three-way MOU
with the City of San Diego and the RT A to coordinate services and leverage resources. There is
currently a strong need for both BECA and the RT A to enhance this coordination effort. The study
proposes that the SDEDC take over the RT A, HTRC, Emtek, CACT, and SWTTC. It is unclear why
these specific diverse programs should be transferred to a single entity, or how their consolidation
would improve service delivery. The study does not discuss the current status of these entities
or their funding sources. For example, if the RTA is merged with SDEDC, would the RTA Board
still exist? How does this recommendation relate to the NIST-funded Manufacturing Center? It
is also unclear how this action would strengthen the partnership with BECA or the City.
The Study indicates that "Cities are involved in development activities...while the four economic
development commissions concentrate on economic development and business climate." This
statement would seem to reflect a lack of understanding by the consultants of Community
Development/Economic Development programs under cities such as San Diego and Chula Vista,
which entail business attraction, retention, incubation, job training coordination/support, siting
assistance, financial assistance, etc. The study does not appear to reflect an appreciation of the
need for locally based economic development efforts. As a result, it raises questions regarding
9'3
Page 4, Item .,
Meeting Date 12/10/96
what the authors mean by the need to "integrate" services and the need to further clarify what
strategies are being recommended to promote such integration.
The study states that the existing small business development service providers are "redundant",
but provides no backup for this conclusion or recommendations regarding how specifically the
redundancy should be reduced. What role is being proposed for the SDEDC here? Are certain
entities and/or services proposed to be eliminated? (The study also states that 90% of all San
Diego businesses have less than ten employees - which would seem to indicate a significant
market for diversified small business assistance services).
The consultants recommend creating a reqional SDEDC Board of Directors. It does not recommend
a "permanent" seat for the City of Chula Vista (second largest city in county) or for BECA. It does
recommend that a seat for "South County Cities" be "rotated among representatives" (see pages
41 and 42).
It is unclear how the proposed SDEDC Regional offices (north, south, east, west) would be
structured or funded, where they would locate, or how they would coordinate with "subregional"
economic development entities such as the South San Diego County Economic Development
Council, the City of Chula Vista Community Development Department or BECA. In the event that
the SDEDC wished to locate one or more of its staff in the Southbay now, or under any future
reconfiguration, staff suggests that the City would be very interested in discussing a possible co-
location at City Hall or at BECA to ensure optimum coordination.
In summary: a) What specific delivery systems is the SDEDC proposing to "assume management"
of? b) What is the rational for the SDEDC taking over specialized economic development programs
such as the CACT? c) How can the existing SDEDC enhance regional coordination and resource
sharing/leveraging without "taking over" specialized economic development programs? d) How
can the City/BECA strengthen our partnership with the SDEDC and the RTA now? Under the
proposed new delivery system?
In terms of methodology, some concerns are:
1 . The study seems to be fairly superficial in its discussion/analysis of existing services,
demand for such services, and how these services currently interface, as well as in terms
of how they should be integrated.
2. The study's survey did not list BECA as one of the organizations under the question "how
much do you know, if anything, about the following organizations?"
3. The study's Appendix B "Summary of EDO Services" provides inaccurate information
regarding BECA on pages 58, 62, and page 63. A letter has been submitted to help
address the discrepancies.
4. No Chula Vista (or Southbay?) companies were included in the study's Focus Groups.
CITY INPUT INTO PUBLIC REVIEW PROCESS
It is staff's understanding that the RT A is currently coordinating with the County in terms of the
development of a distribution list for dissemination of the Draft Study. As noted earlier, public
meetings have been proposed to be held in various subregional sections of the county. These
meetings may be held as early as the 1 st week of December or in January.
9-'1
Page 5. Item if
Meeting Date 12/10/96
Staff is recommending that Council direct staff to send a letter to the RT A Board summarizing the
City's concerns as delineated herein and requesting that the Revised Report address these
concerns prior to final review by the public. The final public review should include distribution of
the Revised Draft to concerned parties and holding follow-up regionally based public meetings.
FISCAL IMPACT: The recommendation results in no direct fiscal impact to the City other than
limited staff time. Final action by the RT A Board will result in recommendations which could
impact both local and regional economic development efforts, which have long-term financial
implications for the City.
ATTACHMENTS
1 - Celeste and Sabety Study (also provided to Council with Info Memo dated 11/8/96)
2 - County Board of Supervisors Resolution dated November 12, 1996
3 - Related San Diego Business Journal Article dated November 18, 1996
4 - Chula Vista Chamber of Commerce letter dated November 22, 1996
(CD) M:\HQME\CQMMDEV\STAFF.REP\12-1Q-96\rta.113 [December 4, 1996 (3:26pm)]
9-5'
RESOLUTION NO.
/ 3'5J~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING STAFF TO PREPARE A LETTER TO THE SAN
DIEGO REGIONAL TECHNOLOGY ALLIANCE (RTA) FOR THE
MAYOR'S SIGNATURE REGARDING THE DRAFT "DEVELOPMENT
OF A SEAMLESS ECONOMIC DEVELOPMENT DELIVERY SYSTEM
FOR SAN DIEGO" STUDY
WHEREAS, the San Diego Regional Technology Alliance (RTA) is a state-funded,
private non-profit organization serving companies wishing to develop dual use technologies through
assistance in obtaining state and federal grants; and
WHEREAS, the RTA is also working to develop a regional Economic Development
strategy; and
WHEREAS, the RTA commissioned the consulting firm of Celeste and Sabety, Ltd.
to evaluate existing economic development services throughout San Diego County and to
recommend actions to create a "seamless economic delivery system"; and
WHEREAS, the resulting Draft Study's methodology, findings and recommendations
have been questioned by economic development organizations throughout the County; and
WHEREAS, on November 12, 1996, the County Board of Supervisors adopted a
resolution to: 1) disapprove the report; 2) ask the RT A to postpone consideration of the study
pending input from Town Hall meetings; and 3) appoint County staff to identify suggested
recipients of the proposed study; and
WHEREAS, on November 13, a letter from the Director of Community Development
was sent to the RT A Chairman Ken Widder requesting an opportunity for Council, the Chula Vista
Economic Development Commission, and the BECA Board to comment prior to any RTA action.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby authorize staff to prepare a letter for the Mayor's signature to the San Diego Regional
Technology Alliance (RT A) expressing the City's concerns and requesting that a revised draft study
be redistributed to the public prior to its adoption by the RT A Board.
Presented by
Approved as to form by
~~
C~~_ ~'>-s1
John Kaheny
City Attorney
~k-
Chris Salomone
Director of Community Development
[(CD/md) M:\HOME\COMMDEV\RESOS\RTA.RES (November 27,1996 (1:58pm)]
9~~
Draft Final Report
Development of A Seamless
Economic Development
Delivery System
for San Diego
September 1996
~~-?
-ICe;
ATTACH~ 1
Table of Contents
Pa""
~
Executive Summary
...... ........ ............................ ....... .......
3
Background and Current EOO Services ....................................... 7
Study Results ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
Recommendations ......................................................... 34
Next Steps ................................................................ 48
Appendix A. Study Methodology....... .,.............................. 49
Appendix B. Summary of EOO Services ........... . . . . . . . . . . . . . . . . . . . . .. 51
Appendix C. 'Summary of Focused Micro Groups .................:...... 59
Appendix E. Te!ephone Survey Instrument .............................. 70
Appendix F. Survey Results by Industry Sector and Size of Firm ............. 76
~,...o
Executive Summary
Background
. Recognizing that economic development services in San Diego could be delivered more
efficiently and effectively, the San Diego Regional Technology Alliance conducted this
planning study which examines the ways to design and implement a seamless economic
development delivery system. Economic development was defined as the provision of
twenty-two specific activities for purposes of increasing employment, income, ar.d
investment through industry attraction, retention, expansion and creation.
. Celeste & Sabety Ltd. was retained to evaluate the current delivery system and to
recommend a seamless delivery system. In their process, executive interviews were held
with over fifty-five ecc,lnomic development organizations, focus groups involying more
than twenty-five companies were held, and teletJhone interviews of about 125 .San Diego
businesses were conducted.
. Previous efforts to restructure the economic development delivery system in San Diego
focused on creating a coordinating entity. These efforts correctly diagnosed the problems
but could not fully implement their recommendations because of the low leve!s or trust
existing among EDOs and the lack of universal support for the recommendations from
executive leadership from both the public and private sectors. The feasibility or a purely
coordinating body must also be questioned. With so many different organizations with
unique agendas, voluntary coordination is difficult to achieve and maintain. Further, the
coordinating entity adds one more player to an already crowded field.
. The re,:ommendations build on the findings from our survey, focus groups, delivery system
exe,:utive interviews and the previous planning study. Our approach is radical but tailored
to the unique circumstances of San Diego. It demands high level support or it will never
see the light of day. It requires leadership and conviction to eliminate certain organizations
and consolidate functions. It detJends on existing organizations recognizing that the
ultimate success or their organization detJends on the overall success of the San Diego
region. And it challenges organizations to think and act creatively for the long term rather
than operate for near term and opportunistic results.
The San Diego Economic Develo!,ment Network
. San Diego's e':onomic development network is comprised of more than fifty-eight
organizations that collectively provide all the major e':onomic development services
expe':ted to be found in a major metropolitan region. As expected, significant variations
were found in the size, budgets, service focus, and outreach of the organizations. The
overall quality and effe':tiveness of San Diego's economic development network was
determined to be competitive with other major metropolitan areas with whom San Diego
competes.
. Significant redundancy in services provision was found. Approximate!y .
twenty-four organizations deal with industry expansion and retention and seventeen
organizations indicated that industry attraction was one or their major responsibilities.
~9"/
3
.
Certain economic development activities we,e found to be under-se!"Ved. Caoital
acquisition programs, business incubation, and employee recruiting are less developed in
San Diego than elsewhere in the U.S., particularly given the economic structure of San
Diego.
.
Strained working relationships and mistrust were found among the fifty-eight economic
development organizations. The economic, political, and social diversity within San Dieao
County contributes to both the number of economic development organizations and the 0
complexity of relationships. Intra-County competition clearly exists and could escalate to a
point whe,e organizations work at cross-purposes and not to the overall betterment of the
San Diego region's economy.
.
Among the fifty-eight organizations, four dearly emerged as a core of the network. The
Greate, San Diego Chamber of Commerce, the San Diego Economic Development
Corporation (SDEDC), the City of San Diego's Economic Development Se!"Vices (SDEDS)
department, and the University of Califomia at San Diego's CONNECT program we,e
found to be the most important strategic allies for the economic development network.
)/-
/~
Status of Economic Oevelooment
.
. The incustrial survey and focus groups revealed meaningful insights into the status of
economic development within San Diego. Significant variations we,e found in the types of
se!"Vices needed by firms depending on whethe, they were large or small businesses and
depending on the industry in which they ope,ated.
. Among the firms surveyed, the most important economic development related needs were
accessing sources of capital, expediting and streamlining permitting and regulatory
require,-nents, training workforce, creating a business friendly economic environment, and
acce531ng available business incentives.
. Given the needs expressed by industry, the surveyed firms want and expect economic
de'/eiopment organizations to provide the following activities: business advocacy,
e,-nployee acquisition assistance, permit ~xpediting, providing siting information, and
helping acquire capital. Variations in the precise rankings among industry types were
found, but these five activities consistently were mentioned by all firms.
. An interesting difference was found between large and small firms. Large firms want
economic development organizations to remove barriers so the company can implement
the'r future plans. Small businesses tend to want assistance in gaining access to resources.
. The firms surveyed rated the quality of economic development se!"Vices. The availability of
site anc site information was the highest rated se!"Vice. About forty pe,cent of respondents
indicated this se!"Vice was excellent. Othe, highly rated se!"Vices were technology based
assistance, business planning assistance, and actual worker training programs.
. Se!"Vices rated lowe, in quality induded international business assistance, acquisition of
capita!, business advocacy, and permit expediting.
. The mcst important finding from the survey was the consistent lack of knowledge about
economic deve!opmerlt organizations and how a firm should go about getting help. Both
large and small firms overwhelmingly indicated they did not know who to turn to for
economic development assistance. For small business, six times as many companies said
they cid not know where to go for help than those who said they would go to small
business de"e!opment cente~s.
4
~ 9-/t?
. Two economic development organizations, the Chamber and the San Diego EDC, had
general name recognition over eighty percent and the Chamber was the only organization
for which more than fifty percent of the respondents said they had a good knowledge of
programs and mission. The knowledge rating for the EDC was about forty percent and no
other organization had a knowledge rating of more than thirty percent.
. Clearly, the economic development message is not being received by the vast majority of
companies located in San Diego.
. Another key point made by industrial firms was that they did not trust governmental entities
to be advocates of business firms. That is, firms expressed reservations that governmental
entities could completely support a business' needs given the potentially conflicting
fiduciary and regulatory responsibilities. Unfortunately, most firms viewed all economic
development organizations as "arms of government"
Recommendations
. The primary recommendation for creating a seamless economic development system is to
consolidate authorities and responsibilities in a Regional Economic Development .-L
Corporation. The San Diego Economic Development Corporation comes dosest to the
desired organization and hence is recommended as the organization that should be
helped to evolve into the Regional EDe.
. The Regional EDC should be governed by a Board of Directors with representation from
the highest leve!s of public and private sector leadership. The composition of the Board is
critical since it will insure that the Regional EDC maintains a sharp focus on satisfying
needs of businesses, delivers the highest quality assistance to companies, operates fairly
and equitably across all parts of the San Diego region, and positions the Regional EDC to
receive financial support from both the private and public sectors. The current Board of ,>
the San Diego EDC can be transformed into this leadership model with selective and -\
strategic Board additions.
. The Regional EDC should recognize the significance of business advocacy and public
policy activities and support the Greater San Diego Chamber of Commerce error.;; to
become the public policy spokesperson for the business community.
. The Regional EDC should recognize the significance of the role that the San Diego EDS
and other cities play in economic development, parJcularly with respect to expansion and
retention programs. All activities directed at a particular company should be done with the
~articipation of the affected city.
. The Regional EDC should build an affiliate or regional office network to capture the unique
development needs of North County, East County, South County, and the Center City.
. The Regional EDC should seek full participation from Tijuana in the economic
development activities.
. The Regional EDC should create or affiliate with industry advisory groups representing
each of the ten key industrial targets of the San Diego region.
. The Regional EDC will manage, monitor and market programs and arrange for actual
service provisions through existing organizations or through selective organizational
realignments which bring the actual service providers into the Regional EOe.
c ~ 7-//
Several of the smaller economic development organizations that were formed to assist with
defense conversion should be consolidated. The RTA, HTRC, EmTek, CACT, and SWITC
should be combined and put under the management of the RT A. In turn the RT A should
become part of, or at minimum affiliate with, the Regional EDC A task force co-chaired by
the San Diego EDS and California Trade and Commerce Agency with participation from
the impacted organizations and the San Diego EDC should recommend a course of action.
. CONNECT should be requested to lead an initiative to strengthen the capital availability
programs in San Diego. CONNECT should build upon its national recognition an.d
involve the CDC, banks, Venture Capital firms, and angels.
.
. The two Small Business Deve!opment Centers of the Chamber and Southwest. Community
College and the Office of Small Business should be challenged to coordinate programs and
expand marketing through the Regional EDC Creating a small business coordinating
council would institutionalize this cooperation.
. The Wodd Trade Center should be challenged to create an integrated services plan with
other trade organizations which is then marketed through the Regional EDC.
. The Private Industry Council should be challenged to create an integrated services plan
involving the ETP and the many actual service providers to address the issue of worker
training which is then marketed through the Regional mc
. The RT A. should be challenged to organize an innovative electronic information systenl
that will both link the economic development service providers together and provide
information to existing and prospective San Diego businesses. This should be
implemented in cooperation with other economic development organiZations in San
Diego.
. A special task force led by the San Diego EDC should be fOnn1ed to eXamine the financial
implications of the changes being made and to recommend a course of action to fund the
Regiona! EDC and its programs at levels adeqUate to provide excellent services.
. A. special task force led by the San Diego EDS should be fOnn1ed to implenlent a "Fast
Growing Company" expansion and retention program targeted to the fifty fastest growing
firms in each of the ten industrial targets.
. A special task force led by the RTA should be fOnn1ed to examine the demand for incubator
space in San Diego and to determine whether a more aggressive program including both
physica! incubators and incubators without walls should be launched.
. The most critical next step in this process is to secure the executive level endorsement of
this seamless delivery system concept from the Mayor, County Supervisors, Chairs of the
EDC and the Chamber, the Port Authority, and other critical leaders in the Community.
Without their level of commitment and pledge of support, this approach to seamless
delivert will not work any better than previous attempts at voluntary cooperation.
6
~?-/.2
~
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Background and Current EDO Services
Background
International recognition for biotechnology - hot bed for wireless communications _ port of
departure for Pacific Rim - maquiladora industries - thriving software industry _ Republican
National Convention exposure - home to Department of Defense SPAWAR program _ dominance
in sporting goods industry - unsurpassed physical beauty and quality of life - home port for five
aircraft carriers - diverse economic base - entrepreneurial spirit - business friendly local
governments. This is San Diego!
Economic developers around the country dream about having an asset list like San Diego's. San
Diego combines the best of life in California while avoiding many of the problems that plague
other parts of the State. Job opportunities exist; housing is still affordable; traffic congestion is
minor compared to LA and San Francisco. And although San Diego has experienced recent
recessionary pressures endemic to California, it is recovering rapidly and strongly. There could
not be a better time for San Diego to critically examine how it is preparing for future economic
successes.
Historically, San Diego's economy has been dominated by the Department of Defense. Navy
and Marine Corp presence in the community has and will continue to be an important source of
economic activity.. San Diego has been selected as home for a new, high technology Navy
program that promises to bring new companies and capabilities to the City. The decision to base
additional Navy fleet operations in San Diego also promises to yield new economic opportunity.
The downsizing of large integrated defense contractors has hurt many companies and individuals
in San Diego but the economic recovery and resulting diversity will make San Diego stronger and
less prone to future cyclical downturns. Many of the defense contractors have experienced the
most severe cutbacks already and have begun to rebuild a more diversified business base. San
Diego has also benefitted from the investment of federal funds to help the defense conversion
process. Several programs have been started over the last few years to help defense related
technology based firms diversify i,nto commercial markets. Business planning, incubation, early
stage seed capital, marketing assistance, and other services are being provided through a variety of
organizations in San Diego.
The Region's major economic driver is small businesses. Over ninety percent of San Diego
businesses have less than ten employees, a testimonial to the entrepreneurial spirit and capabilities
in San Diego. Since many argue that eighty percent of new jobs will come from local companies,
the success of just a fraction of San Diego's small businesses will generate significant new jobs.
Small business dominance creates its own problems, however. First, small businesses are typically
hard to reach because the management teams are small and totally focused on the day-to-day
ente'Prise. Managers of small businesses are also likely to be the key designers, engineers, and
even production specialists. They do not have time to attend community oriented, networking
meetings. Second, the problems that small businesses encounter often arise very rapidly. Cash
flow and working capital needs, for example, can change dramatically from month to month.
Thus, when these businesses have problems, they need resolution immediately. Third, small
businesses are constantly born, die, and consolidate into other businesses. Thus it is difficult to
maintain a consistent leve! of knowledge about small business targets. Hence, in areas dominated
by small businesses, the economic development programs must employ tactics that aggressively
reach out to companies and minimize the difficulty of businesses to learn about economic
development programs. Economic developers must also be able to move very fast and flexibly to
meet the needs of these small companies, Finally, economic de'/elopers must be persistent with
delivering the message about service availability.
~ '-/:J
7
The e!"TIecge~,ce of wireless communication, biotechnology, software, electronics, sporting goods
. and apparel, and many niche technology based companies provide San Diecro the opoortunity to
grow in many diffecent ways. Each of these industrial sectors offecs promise for the e~ecgence of
rapidly growing, world dominant companies. San Diego also benefits from the physical proximity
to Mexico. San Diego can support the high value added functions of product research and
development, design, and engineecing with the more labor intense manufacturing 'activities that
can occur in a cost effective manner in Maquiladora locations. This high technology base of
manufacturing has the potential to genecate significant numbecs of new jobs in the future as these
firms reach the stee;Jec parts of their life cycle growth curves.
Even with all these opportunities, San Diego must re!"TIain dedicated to utilizing the most advanced
economic development tactics possible. Small businesses and high technology businesses offer
the prospect of significant growth but also can easily decide to expand or shift opecations to other
locations. Competition from othec states is formidable. In 1992, forty-four states maintained
economic development recnuitment offices in California, all trying to entice California businesses to
relocate to more "business friendly" locations in other states. Even within California, lower cost
regions in the Central Valley are aggressively atte!"TIpting to recnuit businesses from San Francisco,
Los Angeles, and San Diego. Therefore, San Diego must launch and maintain a highly
professional and effective economic development prog'am to nurture and retain firms with future
growth opportunities and to attract additional firms into the existing and e!"TIecging economic
c1ustecs of San Diego.
San Diego's current economic development environment is typical of many large metropolitan
regions. The region has a strong Economic Deve!opment Corporation specializing in industry
attraction; it has a Chambec of Commecce with broad based representation that provides a variety
of business related assistance and seevices including pubiic policy activism; it has a large Private
Industry Council dedicated to providing worker training and retraining; it has a numbec of small
business development centecs; it has a world trade centec dedicated to assisting companies with
export and trace opportunities; and it has a we!1 developed and funded convention and visitor
bureau that suppor" economic development by promoting conventions, travel, and tourism.
Howe'lec, San Diezo also has some unique economic develooment institutions. Thece are four
Economic Development Corporations in addition to the San Diego EDC. These four have been
created to satisfy the pecceived unique needs of various geographic areas within San Diego
County. San Diego has an unusually active City Economic Deve!opment Seevices (EDS)
department that funds and pecforms economic development activities. Othec cities within San
Diego county have various leve!s of commitments to economic development ranging from major
support in cities like Chula Vista and Carlsbad to minor support in cities like Poway and Lemon
Grove. San Diego has many small niche oriented economic development e!1tities dealing with
activities ranging from nationally recog!1ized programs in venture capital to ve~ small technology
transfec assistance programs. It has many workec training seevice providecs through its community
college and state univecsity systems. It has a suite of economic development activities and entities
that wece created to help with defense conversion and have large!y been financed through
external sources or revenue.
Leadecs in economic development have recognized that San Diego needs to carefully examine its
economic development seevice de!ive~. Concerns have been voiced that thece is too much
competition among organizations, too much redundancy in programs, and too little trust among
economic development entities. Most seciously, these conditions are not allowing San Diego to
offec the strong""t, most unified economic development prog'am to existing and potential
businesses. In response to this concern, the San Diego Regional Technology Alliance has
uncectaken a prog'am to develop and implement a plan to integrate the various economic
ce'/e!opment programs throughout the San Diego region into a seamless prog'am based on
industry needs.
8
~ 9~/tf
This report presents the results of Celeste & Sabety's analysis of the San Diego economic .
development situation and our recommendations for how to create a high performance, seamless
organizational structure. We have developed these recommendations based on an extensive
survey of local businesses, the customers of economic development corporations. The survey
was supplemented by focus groups comprised of representatives from each of ten target industrial
clusters. We also conducted executive interviews with fifty-eight economic developmerlt
organizations currently functioning in San Diego County. Our recommendations are designed to
strengthen and focus the pro-active nature of economic development in San Diego by establishing
a more comprehensive delivery system driven by highest levels of leadership from both the private
and public sectors. Additionally our recommendations highlight the need for focused programs,
active small business outreach, and efficiency improvements brought about by consolidating
niche organizations and thereby reducing overhead expenses and maximizing program delivery
resource allocation.
The report includes a short section on the study's the methodology used to obtain the data base
and information needed to formulate the recommendations. A full description of the,study's
methodology is provided in Appendix A. We then present key data from the EDO executive
interviews, the surveyor businesses, and the focus groups. Recommendations conclude the body
of this report
The recommendations we present are designed to improve the economic development delivery
system of San Diego. In so doing, this report may give the indication that the current economic
development system in San Diego is not working. In fact, today's system is working. San Diego
offers economic development programs competitive with most major metropolitan aress. Our
recommendations are designed to improve the system through higher levels of efficiency,
outreach, and focus.
Definitions
Economic Development
The term economic development is used in this report in a broad context. It refers to a set or
activities designed to directly increase employment, income, and investment through attraction
expansion, retention, and creation of industrial businesses. Activities needed to accomplish the
goal will change from company to company but generally can be characterized as improving the
company's competitiveness by improving access, incressing responsiveness, and removing
barriers to the use of land, labor, capital, technology, and information. The focus of this study is
on organ'izations that assist businesses that produce goods and services destined for sale outside
San Diego. In other words, the study is geared toward helping companies that are export oriented
and, hence, bring new dollars into the San Diego economy. Less emphasis is place on
understanding the needs of industries and firms serving local demand that tend to redistribute and
circulate local income.
Seamless Economic Development Delivery System
Seamless delivery basically refers to the simple proposition that the way in which economic
development organizations operate should result in the provision of economic development
services that are: 1) needed by a company; 2) the highest quality; and 3) provided in a consistent
and reliable way. In other words, the economic development system should do the "right job; the
right way; the first time and every time." This concept incorporates quality, efficiency and
effectiveness.
~ 9- /...r
Economic Development Target Industry Clusters
Economic development activities in economies like San Diego must focus their activities. The San
Diego economy is too large and diverse to expect equal effort to be given to all enterprises.
Strategic selection of industrial targets provide the best means of allocating economic development
efforts. Furthen-nore, the newer concepts of industrial targeting recognize that the targets are not
necessarily one industrial category but a combination of horizontally and vertically integrated
companies. The clusters selected in San Diego are:
. Business Services
. Defense Manufacturing
. Eiecuonics Manufacturing
. Environmental
. Health Care Goods and Services
. Software
. Recreational Goods and Apparel
. Te!ecommu'nications
. Tourism and Ente~ainmer1t
. Transpor-.ation
These industrial clusters all hold growth potential in San Diego because the industry segment is
g'Owing nationally and internationally and because the competitive advantages of San Diego
match the operating needs of finms in the clusters.
Current EDO Service Providers
The fiity-eight identified economic development organizations (EDOs) within San Diego County
were studied through a one-on-one interview with the CEO or senior executive of each
organization and a review of their literature. The fifty-eight organizations include:
".merican Electronics Association
Border Environmental Commerce Alliance (BEe,..)
Building Industry Association (BIA)
California Trade and Commerce
CDC Small Business Finance Corporation
Center for Applied Competitive Technology (CACT)
Centre City Development Corporation (CCDC)
City of Carlsbad
City of Chula Vista
City of Coronado
City of Del Mar
City of Encinitas
City of Escondida
Citf of Imperial Beach
City of La Mesa
City of Lemon Grove
Citf of National City
City of Oceanside
City of Poway
City of San Diego (EDS)
City of San Diego (Office of Small Business)
City of San Marcos
City of Solana Beach
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City of Vista
CONNECT
County of San Diego
Digital Multimedia Association
East County mc
EmTek
Fallbrook Chamber of Commerce
Greater San Diego Chamber of Commerce
High Technology Resource Center
Industrial Environmental Association
Naval Command, Control and Ocean Surveillance Center
Otay Mesa Chamber of Commerce
Ranch Bernardo Chamber of Commerce
Regional Transportation Technology Alliance
San Diego Community College District
San Diego Consortium and Private Industry Council
San Diego Convention and Visitor Bureau
San Diego Dialogue
San Diego Economic Deve!opment Corporation
San Diego Port District
SANDAG
San Diego Gas & Eiectric
San Diego Regional Technology Alliance
San Diego State University, Defense Conversion Center
San Diego State University, Entrepreneurial Management Center
Southeastern EDC
Software Resou rce Center
South Bay mc
Spring Valley Chamber of Commerce
Southwest Technology Transfer Center (SWTTCl
Small Business Dev. Center and International Trade Center at Southwestern College
World Trade Center
Economic Development Activities
The primary purpose of the interviews was to determine the main economic development
functions provided by each EDO. For purposes of this study, economic development is defined
broadly and includes five general categories and twenty-two specific economic development
activities recognized by the National Council for Urban Economic Deve!opment:
Economic Deve!oome!1t
business attraction
business retention and expansion
business incubation
Financial Aso::jc:tance
financial program management
tax abatement
grants
Buc:inec:o:; Asc::ic:rance
business planning
technical assistance
small business de'/e!opment assistance
technology transfer
networking
universitylbusiness partnerships
Buc:inec:s Climate Ic:c:uec:
promotion and marketing
job training
international trade
tourism
legislation and advocacy
~~-I?
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~
De'le!ooment Ac:::::ic:~ance
construction and development project management
infrastructure
commercial revitalization
housi ng
zoning
The interviews concentrated on determining which of the twenty-two activities each ELlO
provided whether the EDO was a primary or secondary provider. A primary provider was.defined
as an org,nization directly involved in an activity rather than just supporting other organiz,tion's
work or referring customers to other EDOs.
The attached matrix summarizes the consultant's opinion and indicates organizations that provide
primary services in each of the twenty-two activities. A matrix with each EDO's responses to the
activities they provide is included in Appendix B as we!1 as a summary report of economic
development activities.
The matrices reveal several patterns. First, different types of EDOs provide different services. For
example, cities are heavily involved in de'/e!opment activities, namely infrastructure, commercial
revitalization, housing, and zoning while the four EDCs (Centre City, East County, South Bay, and
San Diego) concerltrate on more regional activities such as economic ceve!opment and business
climate issues.
Second, there are duplications and overlaps in the economic development services provided.
f\pproximately seventeen organizations were identified as a primary provider of business attraction
activities while twenty-four organizations provide business retention and expansion services.
Because business at'"JCicticn services should initially s~ess asse!s at a regionalle'le!, seventeen
EDOs providing this service in San Diego is clearly too many. However, since business retention
and expansion serv.ices are based more on a geographic area, it is not unreasonable or surprising
that twenty-four ELlOs. primarily cities, provide this service.
Third, there are some activities that are redundant. Small business develooment assistance is
provided by twelve primary providers while ten mos provide job training and another ten offer
international trade services. As a point of contrast, only four organizations provide primary service
in the tourism area, a major compone:1t or the San Diego economy.
Fourth, some economic development functions are under represented. Only three organizations
provided services related to accessing and managing capital. Considering this is a major stumbling
block for many companies, particularly smaller companies, this activity is under served.
The service capacities of each organization must also be considered. The number of employees,
budgets, and the breadth of economic development responsibilities must be evaluated to
determine whether an organization is a major player in the economic development arena. ~rger
~anizations have more resources and are thus, better able to SUDOO ultiole activities n -10,
main~e_~an9 outreach prOWafrfl:aoaole or reaching San Diego's di- icult small
biJSii1ess market. For example, San Diego EDS has seventeen profe;5iana~mplovee5, nearly ~
12
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dedicated to economi 'Ielo ment activities, while the citiesof Carlsbad, Coronado, and ~oway
have one person In economic deve opment w 0 handles other responsibilities as well.
Obviously, the City of San Diego is much larger and has greater needs than a smaller city. With
more employees an organization like the City of San Diego EDS is better able to handle a number
of activities than a small city could. But the sheer number of employees alone can not fully explain
an organization's capacity. The Convention and Visitors 'Bureau has eighty professional
employees; however, only a small number are dedicated to economic development issues. On
the other hand, San Diego EDC has ten to fifteen employees strictly devoted to ern1lQ.lJl!.C
development activities and is able to provide a large numoer of different services.
To analyze communication among ED Os in the region, each organization was asked to identify
their allies, or organizations in which they had close working relationships. Three organizations,
The Greater San Diego Chamber of Commerce, San Diego Economic Development Corporation
(SO EDq, and CONNECT, were identified by EDOs far more frequently than other organizations.
These four organization clearly are a central core for economic development organizations.
Chart 1
Number of Organization:s AIIi~
SO EDC~
SDG~I
so IDS
CO~NECT
HTRC
WoridTI2cieCel'ller
SIc-site
so Coumy
lTA
CAG
~~ EOC
SwLhSiliVroc
$ANOAC
PIC
f'onOiwicl
Ot11rMes;Charniler
East Cw"'Y EDC
Call""rs
ceDe
0. T~ &- Com.
!.~....~r IJI IIlllC,
.
,
.
.
10
12
"
"
18
A complete listing of organizational allies is presented in Appendix D.
The information contained in the matrix is designed to be the first building block upon which to
build an electronic se~/ice directory of economic de"e1opment services, accessible by all
businesses and EDOs. Other data collected for this study can augment this electronic system.
-r4-~r:::; - 9...,2 /
Study Results
Industrv Ne€ds
The economic development needs of San Diego industry were captured in a two-step process
which included focus groups followed by a survey of area businesses. A series of focused micro-
groups was conducted of EDO "customers" or companies who had previously used the services
of one of the fifty-eight EDOs interviewed. Nine such groups, organized by industry sectors, were
conducted and over twenty-five companies participated in the groups. A list of the companies
participating in the focus groups is provided in Appendix C. The outcomes from the groups
resulted in an understanding of companies' experiences with San Diego EDOs and the needs of
different industries in San Diego.
To gain deeper, more quantifiable, and detailed insight into industry needs, a survey was
conducted of companies in the ten targeted industry sectors. Over six hundred companies were
initially contacted and 123 interviews were completed. A copy of the survey instrument is
provided in Appendix E.
Sample Profile
The number of companies interviewed in each target industry was as follows:
Busines.5 Se;vices
Defense Manufacturing
Electronics Manufacturing
Environment
Health Care Products and Services
Software
Recreational Goods and Apparel
Telecommunications
Tourism and Entertainment
Transport.;.tion
Number of
Com~cniec: Surveved
14
12
23
9
12
17
10
8
10
.J2
123
The survey was meant primarily to provide an overview of the needs and views of the targeted
industries taken as a whole. In combination with industry-specific focus groups, it also provides
valuable insight into the specific target industries. Although the number of companies within every
industry sector is not large, the results of the survey reveal issues and patterns of responses within
an industry. Two characteristics of the sample are worJ1 noting.
. I'.pproximately one-third of the surveyed companies fell into each of three size
categories: small (16 or fewer employees), medium (16 to 74 employees), and large
(75 or more employees).
. It is a very optimistic sign that nearly 60% of all companies surveyed said they were
planning to expand or relocate within San Diego in the next two or three years
while 30% said they were not planning such a change. In general, the larger
companies tended to have expansion or relocation plans more often than small
companies.
/ -,2,2. ~
16
Companies' Most Important Needs and Biggest Barrier for Growth
Companies were asked to identify the single most important need affecting their ability to grow.
Overall, the five most urgent needs of the companies surveyed were:
. securing capital
. streamlining permits/decreasing regulations and bureaucracy
. training workforce
. operating in a business friendly climate
. receiving tax breaks
Responses generally depended on the size of the company - small firms are in need of access to
services while large companies want barriers removed. These differences were reinforced in the
micro-groups. As is universally true of small, growing firms, start-up businesses have a definite
need for capital and assistance in locating availabl.e resources. However, capital acquisition is not
as pressing an issue for large firms. Many larger firms have internal resources or access to other
sources of capital unavailable to smaller firms. In one micro-group, the CEO of a small e!e~uonics
firm noted that he had to locate capital from sources outside of the San Diego area because of the
lack of local resources. In our experience elsewhere in the U.S., this is not an unusual problem for
small businesses. But since so much of the growth potential in San Diego is in small firms, this
must be considered an unusually high priority.
Larger companies tend to be extremely concerned with reducing governmental regulations and
streamlining the permitting process. They often view governmental agencies as impediments, not
partners to doing business. And unfortunately, many micro-group participants view all EDOs as
governmental entities. Within the micro-groups, telecommunications, electronics, and biotech
companies described in detail the number and cost of government permits required to expand
current facilities or build new ones. The costs are considered particularly high and extremely
bureaLIcratic. In fact, the process was considered so complex that a large electronics company
hired an ex-city official as a consultant to help maneuver them through the channels. Housing
and infrastructure fees were mentioned specifically as being irrelevant and unduly burdensome to
making the San Diego business community a competitive place. The respondents reasoned that if
they occupy an already developed site, such fees were unjustified even though they realize urban
revenue sources are limited. Another challenge several firms find burdensome is public design
reviews.
Companies were also asked about the single biggest barrier for growth in their industry. The
barriers they identified often mirrored their most pressing needs. The most frequently cited barriers
were:
. too many governmental regulations
. limited access to capital
. lack of qualified employees
. high cost of doing business, including labor costs and taxes
. unfriendly business climate
In particular, the defense, electronics, and environmental industries strongly voiced the opinion
that governmental regulation was their major barrier while limited acceS5 to capital was a major
barrier for the electronics, health, and telecommunications industries. Companies in the software
industry mentioned a lack of technically qualified employe~s, especially for customer support, as
an important barrier.
~
tj- eJ. 3
~
Importance and Adequacy of Current Services
Imoortance of EDO Seevices
Companies were asked to rank the importance of nine ED seevices listed On Chart 2. Taking the
sample as a whole, the five most important seevices were:
. business advocacy and lobbying
. emploYe;! acquisition
. pe:mit expediting
. site information
. capital acquisition
Notice the characteristics of four of the top five needs. Lobbying, and permit expediting involve
business relations with government - creating a business-friendly environment. Employee
acquisition is a "big picture" factor having to do with education, infrastructure, population trends,
and employment rates. Site information involves access to a body of information on properties.
Thus of the top five, four are big picture issyes of the legal, demographic and information
environment businesses operate in.
..../though incubation is rated very low in importance, it must be remembered that companies
responding to the survey are already established and therefore have no need for an incubation
lecation.
~ 't-;;'f
18
Chart 2
Importance of EDO Services
Lobbying
i II Importance oi Assisi:ance'
Employ~ Acquisition
Pe""it Expe<iiting
Site Information
Capital Acquisition
Te-:hnology Assistance
Intemational Trace
E:nploy~ Training
Incubation
0.0%
10.0%
20.0%
30.0%
40.0%
50.0'%
60.0%
Key Differences Among Companies Which Have Expanded
Companies who have actually completed an expansion, relocation, or other change in the past
two years have a unique perspective on the needs of growing companies. Those firms who have
completed such a change gave higher ratings than the total sample to the importance of:
. finding new employees
. expediting permits
. securing capital
Variation Among Target Industries in the Most Important Services
The ten target industries offered patterns of ratings that were in some respecis alike and others
quite differem. For example, most place lobbying among the three most important EDO services.
Many find permit expediting to be especially important. However, there were some pattern
differences. These differences relate to the functions or the industries, the differing stages of
development or the industry, and the varied sizes of the firms involved in the industry and sampled
in the survey. .q ,") /"
. ft--t7 /.. "" ..5 .
Electronic, and defen,e manufacturing. Two industry targeC! primarily include companies that are
larger, more "mature," (well established in the San Diego economy), and which are purely
oriented to manufacturing tangible goods. These firms share an interest in lobbying, permit
expediting, and site information. They tend to be larger than firms in other industries studied.
Defense manufacturing firms sampled average 310 employees, with half of the firms studied
having more than eighty-seven employees and half were established before 1969. Electronics
firms studied have an average of 197 employees, with half of the firms having more than seventy-
five employees. Half of the electronics firms were established before 1977. (The comparable
numbers for the entire sample are an average of 141 employees, with half the firms having twenty-
se'/en or more employees.)
The most important needs for both defense and electronics manufacturers are:
. lobbying
. permit expediting
. site information
San Diego's newer target industries show a different pattern because they are younger firms,
include both manufacturing and services within a single industry cluster, and are smaller.
Recreational Good, and <;ervice'. One such industry, recreational goods and services, combines
manufacturing and services. Recreational goods and services average only thirty-one employees,
with half of the firms having fewer than severlteen. Half the firms were established before 1981.
Its respondents also placed high value on lobbying and permit services. However, the third
service is not site information, because the companies either had adequate sites or had no
expansion plans. Instead, they rated technology assistance among the top three because of the
very high tech nature of the contemporary recreational goods manufacturing market. For example,
one firm, a supplier to rather than a manufacturer of final products, makes a sophisticated, high
tech, latex mold for use in the manufacture of golf clubs. This mold must endure high levels of
heat during the manufacturing process and is then discarded. To this small company, maintaining
superiority to competitors in the evolving technology of latex chemistr( and associated
. manufacturing processes is key to business grov4h, and evokes a desire for technology assistance.
Thus the top three for recreational goods and se~,ices firms interviewed were:
. permit expediting
. tie between:
- lobbying
- technology assistance
Telecommunication, Healthcare Environmental. These three industries are in the process of
undergoing rapid change. Telecommunications firms are facing unprecedented technological,
reg'Jlatory and competitive changes. Healthcare is similar but also faces the need to maintain and
increase the productivity of workers that interact directly with patients. The environmental
industry, a complex group difficult to define precisely, is aiso undergoing considerable change.
Certain San Diego firms that once produced mechanical or e!ectro-mechanical instruments for
measuring seawater characteristics (for example) have fallen on hard times as key management
players have died or re~ired, and as this industry has changed technologically. Newer firms in this
category include companies that use "clean" manufacturing processes. companies that
manufacture items specifically for use in cleanup efforts, and companies producing products for
par-Icular environmental management purposes such as waste minimalization.
The mixed priorities of the environmental target offer a glimpse of the complexity of serving the
industry's needs. The top rated service in telecommunications and healthcare reflect both the
20
A
-
d-.-U
'J~t
industries' dependence on regulatory structures and their practices for the vitality of their
businesses. Both reflect a need for capital to grow. However, for healthcare the other priority in
the top three is assistance in acquiring employees, while for the telecommunication firms it is
technical assistance. Again, these ratings appear to reflect the nature of the industries.
Telecommunications companies surveyed average eighty-five employees, with half of firms having
fewer than nineteen; half of them were established before 1989. The three most impo.....ant EDO
services are:
. lobbying
. technology assistance
. capital acquisition
Healthcare Produc>.5 and Services average seventy-five employees, with half of firms having fewer
than forty-one. Half of the companies were established before 1985. The industries' most
important services are:
. lobbying
. employee acquisition
. capital acquisition
Environment firms average thrity-two employees, half having fewer than twelve. Half or the firms
were established before 1971. The three most important EDO services of environmental firms are:
. tied for the top rating were:
- employee training
- permit expediting
. tied for second rating were:
- lobbying
- site inrormation
- employee acquisition
Transportation. The transportation sector in San Diego is difficult to define. It includes some
manufacturing, some service, and some transportation re!atedsuppliers. .Firms involved in
businesses such as highway construction or public transit suppliers were not included in the
survey. Sampling was difficult because only a few firms could be identified. However, the needs
of those interviewed were clear. They need capital for expansion, lobbying because of the heavy
regulation of transportation industries and heavy public support for various kinds of transportation
infrastructure projects, and employee acquisition when they grow.
Transportation companies surveyed average thirty-eight employees, with half of the firms having
fewer than eighteen. Half of the companies were established before 1976. The most important
issues for transportation firms are:
. capital acquisition
. lobbying
. employee acquisition
Software. One emerging industry often cited as having a high potential for growth in San Diego is
the sortware industry which is characterized by a large number of very small firms, and a few large
firms. Software firms surveyed average forty-six employees, with half of the firms having fewer
than twenty-three. Half of the companies were established before 1981. Start-ups in the San
Diego software industry appear to need little overhead support and little capital because as start-
ups, they tend to be relatively small scale operations driven by entrepreneurial energy combined
~ 9-;2)
~
with the irive~tive t~le~ts of software e~gine~rs. mos can help me~t their needs at a I~ter st~ge
whe~ products c~n be developed to the point of oper~tional and comp~tibility testing.
In the softw~re focus group and te!ephone interviews, softw~re industry represematives cited the
unusu~1 proble,.,s they f~ce in raising capital for this industry. Unlike electronics, biomedical and
ether high tech industries, software firms produce an inQngible. Ofte~ the need to be met by new
products is for a new w~y of doing things elecLfonically r~ther than for a new product to me~t a
well,defined existing need. Moreover, the industry is replete with experiences of great ideas gone
~str~y in the m~rket. Thus it is not surprising that they cite raising capital as the most impor-.ant
ne~d EDO's can fill. The Software Industry Council indicated that they are eSQblishing a capiQI
c!eve!opment fund simil~r in design to CONNECT, but dedicated to the software industry; the
ch~lIe~ges to software firms are so unique that they must have their own fund. The softw~re
comp~nies interviewed cited the following most pressing needs:
. c~piQI acquisition
. employe~ acquisition
. lobbying
Busine<s servic,:<. The business services industry encompass a wide range of speci~lties from
computer consulting to accounting, from graphic design and printing to travel ~rranging. This
category eve~ includes brokers and others related to economic development - though they are not
the major employers in the sector. Business services companies average ninety-one e"'ploye~s,
with half of firms having fewer than twenty-one employe~s J-;alf of the companies were
established be;ere 1983. The ne~ds of firms in this sector vary greatly among firms depe~c!ing on
the service provic!ed, and the responses of the sampled firms in this case should not be take~ as an
indication of the ne~ds or anyone firm. The industr(s most important EDO services are:
. permit expediting
. tie ariiong:
employee acquisition
international trade
lobbying
Touri<m & e~tectainment. Tourism is the stepchild of the EDOs because of the well developed
ser,ices of the Convention and Visitors' Bureau (ConVis). Many EDOs told us that they have little
to do with tourism unless a truly major project comes along such as LegoLand or a major hate!.
Tourism and e~tertainme~t consists of rour major compone~ts, attractions (The San Diego Zoo,
Lego Land, Sea World, etc.), facilities for tourists (restaurants, hotels, airport, etc.), local attractions
(theater complexes and other small local attractions), and organizations that provide services and
facilities outside the region but are based in San Diego (e.g. Forte Hote!s). Like other target
industries, tourism and e~tertainment varies in its importance to different locations in the region.
But unlike others, the reason for the variation is natural features. Thus Coronado has a special
need to develep and maintain the tourist industry. Similarly, tourism in the seacoast towns,
especially in the North County communities, has a particularly strong presence. South county
cities such as Imperial Beach have specific problems to overcome to take advantage of the tourist
pote~tial. Yet the entire region, with its advantageous weather and natural beauty has great
pote~tial.
Tourism & entertainment firms average of 456 employees. half or the firms have fewer than 87.
Half of the companies were established before 1982. One need cited by participants in the focus
g'oup which was not cited in the survey was for a unified regional advertising campaign
promoting the entire region. We cite this specifically here because it presents an opportunity for
E'JO's to examine further alliances with the Convention and Visitor's Bureau. This suggestion was
22
~ 9-~Y--
offered by major tourist interests, not by very small operators. The industry's most important EDO
services are: .
. lobbying
. tie between:
- capital acquisition
- international trade
A complete description of how industries rated the importance of ED.O services is provided in
Appendix F.
Size of Company and Perceived Needs
As we have shown implicitly in the previous section, the needs of San Diego companies-like
companies everywhere - vary by size of firm. Companies were divided into three groups:
. Small
. Medium
. large
Fewer than 16 employees
16 - 74 employees
75 or more employees
Except for the universal interest in lobbying, companies are clearly differentiated by size in terms of
their perceived needs. The most general and important difference is that:
. the larger the company, the more interested it is in removing what it perceives to be
governmerltal barriers to growth by having permit assistance, and the less interested
it is in receiving assistance on matters that large firms can handle internally such as
training and advanced technology.
. the smaller the company the more likely it is to be interested in things it cannot
supply internally, including acquiring employees, international trade acvice,
acquiring capital, assistance obtaining advanced technology.
Although the availability of incubation services received low scores by both large and small
companies, small, start-up firms fee! incubators are critical. In micro-groups conducted at one such
incubator, several individuals talked about the importance of such a facility and their inability to
start a company without such a facility and its supporting services.
An analysis of ratings of companies by size is included in Appendix F.
Quality and Availability of Economic Development Services
Responding companies were asked to rate the availability of eight different types of economic
development services currently provided in the San Diego area. Some companies may obtain
these through an EDO, while others may obtain them from other sources. Some of the services
inherently tend to be EDO functions (e.g., permit assistance), while others are clearly available
from other sources as we!1 (e.g. venture capital). The object of the question was to obtain a
reading on two matters. First. how aware are firms in the target industry sample of the resource
pool, and, second, if they are aware, how do they perceive its adequacy?
The services for which respondents were asked to rate the quality and availability were:
. expansion capital
. training programs
. advanced technology
~ 9,-.2'
. business planning assistance
. . site availability
. permitting assistance
. intemational business assistance
. lobbying
When asked to rate the quality or availability of these se",ices, 50% to 80% of respondents were
able to provide ratings far each of the se",ices. This is not atypical in such surveys since many
firms do not need specific se",ices and have little reason to consider them:
In descending order, the fallowing list shows the percent of sampled firms in target industries able
to rate the quality or availability of:
Available sites: 79%
Advanced technology: 67%
Training programs: 61 %
Permit/zoning assistance: 61 %
Caoital resources: 58%
lnte;national business: 50~1Q
Lobbying: 55%
What this suggests is that half or mare of the target industries appears to be aware of the secvices
available. The only surprise here is that while virtually all of the firms stress the importance or
lobbying, only one-half profess to be able to rate the quality or adequacy or present lobbying
effor"t.S.
Chart 3 displays the ratings given by those in the total sample able to answer the questions
regarding the adequacy of the economic development secvices in the San Diego reg;on.
Economic development secvices that received high ratings in San Diego were:
. site availability
. advanced technology
. business pianning assistance
. training programs
Companies indicated a need far better secvices in the areas or:
. international business assistance
. expansion capital
. lobbying
. pecmitting assistance
~~~ 9 -:3 CJ
H
Chart 3
Quality of Economic Development Services*
Sites
Advanced Technology
8U5in~s Planning
A.ssistance
Training Programs
Intemational Business
Assistance
Lobbying
Permitting Assistance
Expansion Capital
I I I I I I
0.00/0 1 O.O~~ 20.0~/o 30.0% 40.0% 50.0% 60.00/0 70.0% 80.0% 90.0'%
. Ratings include only those companies who where knowle-=igeable e~ough about the available re:ources to answer the
question.
Notice also the following characteristics shown in Chart 3:
. The availability and adequacy of advanced technology rated highest and was the
only one of the eight economic de'/elopment services that was rated "exce!!ent" by
more than 40% of the companies surveyed.
. Two key services are perceived as very strong, achieving unusually high scores for
such a survey in that they approach exceed 30% in the "excellent" category. They
are:
- Advanced technology (40% exce!!ent)
- Available sites (33% excellent)
.
If we combine scores of "exce!lent" and "adequate" we find that the composite
scores of three services exceed 80% percent and a fourth factor comes very close.
These services are:
~ 9'J/
- Advanced technology (88%)
- Site availability (87%)
- Business planning assistance (86%)
- Training programs (82%)
The image of the San Diego region among its home-based of targeted businesses, then, is one of
considerable strength in several key business-building resources, especially advanced technology.
This strength is offset somewhat by a lesser image in other key composite scores (exce!lent plus
adequate).
. International business assistance (13% excellent)
. Lobbying (10% excellent)
. E.xpansion capital (13% excellent)
While initially the relative!y low rating for lobbying is surprising, given the' importance people
assign to it, findings in other studies te!1 us that this is not unusual. Lobbying is, after all, inherently
unseen. It also often involves damage control rather than positive developments. Thus,
companies rarely see the amelioration of the overall reg'Jlatory problem, but are aware of the
resolution or a narrowly defined problem.
Target Industries and Perceived Quality of ECDnomic Deve!Dpment Services
Nearly every industry said that the quality and availability of lobbying services could be improved
except for de'ense manufacturers. Defense firms generally have sophisticated internal lobbying
services and do not require outside assistance.
Appendix F induces a description of industry ratings of the quality or economic ceve10pment
serviCES.
Size Df CDmpany and Perceived Quality Df ECDnDmic De'le!opment Services
Tile size oi a company also affects their perception of the quality and availability of economic
development services currently availab[e. Large 'Companies indicate a need for improvement in:
. lobbying
. pe!"mitting assislance
. expansion capital
. internatiDnal business assistance
. training programs
Small companies are mest interested in improvements in:
. expansion capital
. international business assistance
. lobbying
. pe;mitting assistance
. training programs
"'.gain, larger firms seek assistance in big picture issues and removing barriers while small
companies heve more immediate ne'eds of capital ~nd international business assistance.
A complee list of ratings by industry and size of company is included in Appendix F.
2~ '7 -.:1-2-
Where Companies Seek Assistance and Recognition of Current ED Os
Companies we~e asked to volunteer the name of an organization they would call if they needed
assistance, as follows:
"Expanding companies often need outside assistance in obtaining necessary permits,
finding sources of new capital, obtaining training for personnel, business planning
assistance, obtaining new technology, or locating a site. What one organization (other
than your attorney, accounting firm, or bank) would you contad first if you were seeking
assistance in the San Diego area with these kinds of things?"
The results are shown in Chart 4.
By far, most companies could not name or did not know any EOO by name. In fact, only a
handful of EOOs we~e regularly mentioned as a source of assistance. This shows a lack of "top-
of-mind" recognition by most San Diego companies and puts into question most EOO's outreach
and marketing prog~ams.
However, some organizations were mentioned by name. The two most frequently mentioned
organizations are The Greater San Diego Chamber of Commerce and San Diego EOC.
More interestingly though, real estate brokers were the third most often mentioned source of
assistance and in micro-groups, participants mentioned attorneys and accountant5 as well as real
estate brokers. This indicates that companies may not have a good understanding of the breadth
of services that EDOs provide and that brokers, attorneys, and accountants need to be included in
any regional economic development deiivery system to assure the inclusion of all companies.
~
9'33
~
Chart 4
Where Companies First Seek Assistance
Bank
:. .'iumce:- of Organizations'
Den't Know
Cnamber or Commerce
SD EDC
Re3.1 Estate 8 rake!"
Small Business De".
Office
Mayer/Counel!;
Fart District
East County EDe
CONNECT
PIC
o
2
4
6
8
10
12
14
16
18
Wheel looking at firms who have gone through an expansion or relocation in the past year or two
or are planning to make a change, more organizations identified San Diego EDC as an
organization to contact for assistance more ohen than companies who said they did not know
where to go. Tnis means that San Diego EDC has made an impression on growing aa.d-.e-xpandiFlg-
firms in San Dieg.~he Greater sanolego Chamber of Commerce, real estate brokers and Small
Business De'le!opmeelt Centers were also mentioned by a number of companies.
Small BIJ<:inpc:~ec::
vVhe!1 small companies were asked whom they would contact when seeking assistance, most
were unable to name any organization. Their responses are shown in Chart S.
28 ~ 9:r(
Althou~h small busine:s development ~enters were the most frequently mentioned EDOs, they
were cited by only 5 or th~ 71 compam~, Most EDOs were not mentioned by any small business
though many have expansion plans, Thls'means that current EDO marketing and outreach
programs are not effectively reaching the small business targets so crucial to San Diego's
development
Chart 5
Where Small Businesses Seek Assistance
SIC
j- Number or Or!i1;aniza[ions i
Don't Know
Small Busine:ss Dev.
Cente."'S
Bank
SO DC
East County EDC
Chamber or Comme!"ce
CONNECT
CACT
SCORE
o
5
10
15
20
25
30
EDO Recognition
After they were asked to name EDOs with no assistance, respondents were given a list of EDOs
and asked if they had heard or were familiar with. their programs, Generally, knowledge among
50% of a market would be considered good. Two EDOs, the Greater San Diego Chamber and
San Diego EDC, were recognized by over 80% of the firms surveyed, An astonishing 98% of the
firms surveyed had heard of, or were knowledgeable of, the Greater San Diego Chamber. This
undoubtedly is due to the well known nationwide network of chamber organizations. The large
response to San Diego EDC is because it is by far the largest EDO in the city and is frequently
mentioned in the San Diego media. These two organizations are also the broadest based of any in
terms of functions and affiliations. It would be surprising. for example, if EmTek or HTRC equalled
the Chamber or San Diego EDC in recognition.
/'
~ /-:>5
Other organizations recognized by over 50% of the firms surveyed were SANDAG, California
Trade & Commerce, Private Industry Council, San Diego EDS, and CONNECT. However, even
for these organizations, no more than 30% of respondents had a significant knowledge of what
the organization did. "
Chart 6
EDO Recognition
p~c
I- Heard of ! .
I- Knowle~g~:abie:
Chambe:- or Comme!"ce
SO DC
SANDA,G
CA. Trace & Comme!"'ce
SO DS
CONNE.:,
saDC
RiA
H'KC
SR.C
CAC,
E.VlTEK
0.00/0 10.0% 20.0'%30.00/040.0%.50.0%60.0% 70.0%80.00/0 90.0%~ 00.0%
EDO Recognition bv Industrv Sector
The Greater San Diego Chamber of Commerce and San Diego EDC were among the top three
EDOs recognized by each industry sector. Again, these two organizations are among the largest
EDOs in San Diego and have more exposure than most of the other EDOs. CONNECT has good
recognition in beth the telecommunications and software industries. In fact, every
telecommunications firm surveyed was familiar with CONNECT. SANDAG was also we!1
recognized in six of the ten industry sectors. Surprisingly, the Software Resource Center w'as only
fourth on the list of most recognized EDOs in the software industry; about half of the surveyed
software firms having any knowledge about the org.anization. The three EDOs with the highest
. recognition in e3.ch industry are:
30
~ 9-Jt
Buc;:iness Services
Greater San Die'Zo Chamber of Commerce'
San Diego EDC'~
SANDAG and PIC (tie)
Deren.e Manufacturing
San Diego EDC"
Greater San Diego Chamber of Commerce
SANDAG
Electronic. Manufacturing
San Diego EDC"
Greater San Diego Chamber of Commerce'
SANDAG
Environmental
San Diego EDC"
Greater San Diego Chamber of Commerce"
SANDAG
Health Care Products and Services
Greater San Diego Chamber of Commerce
San Diego EDC
California Trade & Commerce
Experience with EDOs
Software
Greater San Diego Chamber of Commerce'
San Diego EDC
CONNECT .
Recreational Goods and Appare!
Greater San Diego Chamber of Commerce'
California Trade & Commerce
San Diego EDC
Telecommunications
CONNECT"
San Diego EDC'
Greater San Diego Chamber of COmmerce'
Tour;,;)') and Entertainment
Greater San Diego Chamber of Commerce'
San Diego EDC
SA,'<DAG
TranSDortation
San Diego EDC"
Greater San Diego Chamber of Commerce'
SANDAG, City of San Diego EDS, SaDCs (tie)
Recognition takes two forms: (1) simply hearing of an organization and (2) having experience with
an organization. Chart 7 shows the extent to which the sampled target firms have had direct
experie!1ce with the EDOs. Keeping in mind that since a small portion of the sample was drawn
from EDO referrals and others were from lists of the fastest growing firms in the target industrie:
provided by EDOs, the level of experience in the:e surveys will likely be greater than it would be
for San Diego businesses if all were to be surveyed.
The intere:ting feature of this chart is that it confirms some of the findings concerning recognition,
but alters others. For example, while the Greater San Diego Chamber oi Commerce and San
Diego EDC are the organizations with the highest leve! of contact, CONNECT emerges as the third
mast frequently mentioned organization. On the ather hand, San Diego EDS drops from a fairly
high rate of recognition to a rather law rate of direct"interaction.
The narrowly focused organizations (e.g. SRC, CACT, regional EDC's) te!1d to have low contact
numbers Simply because of their tight focus. '
Whe!1 asked which EDO firms had the most experie!1ce with, three organizations were ide!1tified
more oite!1 than the others. Again, The Greater San'Diego Chamber, San Diego EDC. and
CONNECT were mentioned more often than other organizations. The Chamber, San Diego EDc.
and CONNECT are clearly recognized by San Diego industry,
~ 9"Y)
Chart 7
Which EDO Has Your Firm Worked With Most Closely?
p~c
;INumc.erorCr:;:.n,z..;:;.:;ons,
C:'.;.mber or C::lmml!!rce
SD me
CONNECT
SANOAC
saoc
HT;l.C
E.lst CcurHY EDC
SRC
c.~ Trac:e &- Comme~=
so DS
c'.l..C7'
o
5
10
15
20
25
JO
l5
Conclusions
The industrial survey and focus groups provide important directions and guidance for designing
the seamless e<:onomic delivery system. Critical conclusions that come from the data are
discussed below. The conclusions are expressed in terms of how to improve the overQ!1 return on
investment (ROI) for resources being applied to e<:onomic development in San Diego.
.. The e<:onomic development ROI can be increased by ensurin~ that emnomic
de'/e1ooment oro~rams focus on satisfyin~ the needs and re!1lovin~ the bQrriers that
industrial firms identify as be;n~ most imoortant to their comoanies. The most
importQnt needs of businesses in San Diego are: 1) securing cQpital to finance
expansion and operations; 2) streamlining the penmitting and reg'Jlatory processes
so thQt they are less costly, time consuming, and more predictable; 3) obtaining
high quality, trained workers; and 4) operQting in a business friendly economic
e!1vironme!1t in which available ince!1tives and assistance prog'Qms are uniformly
aVQilQble and accessible to companies.
. The e<:onomic development ROI can be increased by ensurin~ that the delive",
s""ste!1l markets and handles the issues that comoanies exoect the economic
de'/e!ooment or~anizations to handle. The priority activities that companies
32~ ~-Jr
indicate they want and expect help in handling include: 1) business advocacy; 2)
recruiting and hiring key employees; 3) expediting the permitting processes; 4)
obtaining site related information; and 5) gaining access to sources of debt and
equity financing.
. The economic development ROI can be increased by erl<uring the deliverv sv<te'Tl
recognize< the kev differerlce< in neod< between largo and smafl bu<ine<<e< in San
~. In general, large companies want EDOs to help them remove barriers so
that they can conduct their businesses in competitive ways. Small businesses share
this desire but also need and want more assistance in gaining access to resources-
particularly information and expertise in areas that are not core to their currerlt
businesses such as international trade advice and technology consultation.
. The economic developmerlt ROI can be increased by stre<sing exce'lerlce in
service provision. The companies rated technology assistance and site information
as the highest quality sel"Vices available in San Diego. Companies were least
satisfied with the quality of current business advocacy, international business
assistance, gerleral business planning assistance, expansion capital programs,
training programs and permit assistance.
. The economic developmerlt ROI can be increased by devoting more effort to
marketing the availability of service<. The vast majority of both large and small firms
do not know where to turn for assistance. The problem is particularly acute for
small businesses where we found that thece are six times as many companies that
have no idea where to go for assistance as thece are companies who would turn to
the small business development centers. We also found that large companies will
turn to real estate agents and banks to discuss needs more frequently than they will
turn to organizations designed to satisfy siting and capital needs of companies.
. The economic development ROI can be increased by eliminating confusion among
poterltial customers ovec which EDOs provide which services. Only four ED Os
had 50 percent name recognition and the respondents indicated significant
knowledge of the programs of only two EDOs-the Greater San Diego Chamber of
Commerce and the San Diego Economic Development Corporation. Confusion
was found over the exact scope of sel"Vices of the PIC and ETP and companies
were confused about the EDS and the EDC.
. The economic development ROI can be increased by recognizing the diffecerlces
betweerl the neods of the companie< in differerlt industrie<. For example, the
telecommunications industry respondents placed more importance to each EDO
sel"Vice than did the defense manufacturing industry. Likewise, the travel and
tourism industry has much less interest in assistance with hiring and training of
employees than the average firm in San Diego. A thorough understanding of the
needs of each targeted industrial sector will erlable more tailored programs to be
developed and offered.
These highlighted conclusions have directly influenced the recommendations that appear in the
next section. And as implementation of the seamless economic delivery system moves forward,
the industry specific priorities will be essential input into the planning process.
~9-J?
~
Recommendations
Introduction
Economic development in San Diego Takes place in an environment of significant opportunities.
These opportunities include:
. an economy that is recovering nicely from a prolonged recession and that is the beneficiary
of defense depar"unent restructuring .
. a highly diverse economy with many different industry types being important f9r San
Diego's long term health
. an economy dominated by small businesses, many of which could prove to be the next
IIQualcomm"
. a physical environment that arguably is one of the best in the world and a life style that
takes full advantage of the climate and te!Tain
. a strategic location to capitalize on NAFT A and Pacific Rim economic develooment
~ ,
. a concentration of highly talented and skilled individuals and organizations ready to help
industrial businesses achieve world class comFe~itiveness.
Most economic developers dream of operating in this type of region. And, in fact, San Diego's
economic de'/elopers have structured programs to take advantage of these characteristics.
However, perhaps because of the many opportunities, the economic development structure of
San Diego has e'/olved into a complex web of organizations and programs that can be better
coordinated and operated more efficiently. Industrial firms, the basic customers of economic
development organizations, indicate that they need to know how to take advantage of the many
program opportunities available in San Diego. They need to know how to gain knowledge of
what is available; need to know who to contact for assistance; and, need to understand the
differences be!:Ween organizations. These problems are more acute for small businesses - the life
blood of the San Diego economy. Furthermore, of all the economic development services being
offered in San Diego, none was rated as "excellent" by more than twenty-five percent of the
custome;s.
Customer evaluation and feedback leads to the obvious conclusion that economic development in
San Diego needs to be critically evaluated, restructured, and rededicated to exce!lence. This is not
to say that current organizations are not performing valuable functions and delivering high quality
economic deve!ooment services. Rather, the customer commentaries indicate that current
organizations and programs need to be delivered in more effective ways. And that total quality
improvement programs need to be put in place to ensure that customers receive the best possible
assistance in the highly compe~itive world of economic development.
The recommendations which follow are meant to challenge and cause San Diegans to take action.
They are not meant to criticize or condemn anyone organization but to point out ways that all
organizations can improve the collective economic development services being offered to
companies in San Diego and considering a location in San Diego. The recommendations will
focus on how to deliver the economic de"e!opment services described earlier in this report in a
s23mle5s, efficient, and effective manner.
3~ 9-~tP
Princioles SU!Joorting Economic Develooment Recommendations
Companies in San Diego clearly indicated that they want and expect economic development
organizations to be business advocates and not extensions or arms of the government Implicit in
this comment is criticism that companies do not fully trust governments to be advocates for
industry needs. Particularly in light of the serious regulatory compliance issues associated with
government programs, one can understand why business is reluctant to believe that governmental
entities can be business advocates. Even though initiatives designed to make government
"business friendly. receive positive reviews from business/:;, there is concern that governments
have limits to how far they can promote industry positions. Conflicts between fiduciary
responsibilities, regulatory enforcement, and economic incentive will always exist Hence our first
principle as we looklo restructure San Diego's economic development delivery system is:
"The economic development system must be structured, governed and operated in such
a way as to be indu5"uy advocates." .
San Diego is a region comprised of very unique geographic, political, climatic. and economic
characteristics. Different parts of San Diego County have specialized competitive advantages that
differentiate them from each other. However, there are many industries and businesses that can
compete effecJve!y from any location within the County. Given pressures to build employment
and tax base, competition between geographic units is ine',itable. In the long run, it is essential
that San Diego realize that the location selection process by companies first focuses on the San
Diego region versus other regions. Only if the San Diego region is selected, does the decision as
to which area within the region become important. Economic development must first be designed
to promote the region and then allow companies to select the best mix of resources within the
region-including sites. Economic development must take place in an environment of regionalism
where all parties trust the others and the needs of business come before the desires of any political
entity. Our second principle: .
"The economic delivery system must, in fad and in perception, provide high quality,
industry-driven services to all parts of the San Diego economic region."
The industrial survey clearly indicated that the availability of economic development services is not
widely known. The number one response by industry to the question about who would they
contact first for economic development assistance was overwhe!mingly "' don't know!" For small
businesses, two thirds of respondents indicated they did not know whom to contact. Only four
economic development organizations in San Diego - Greater San Diego Chamber, San Diego
EDC, Trade & Commerce Agency, and SANDAG - had greater than fifty percent name recognition
by the companies surveyed. We also found great confusion between organizations such as the
San Diego EDC and the City of San Diego EDS and between the Private Industry Council and the
Employment Training Pane!. Therefore, our.third principle:
"The economic development system must have the critical mass to develop,
implement, and maintain an aggressive marketing and outreach program
that reaches potential industrial customers, particularly small business."
~ 9"'(1
Various companies participating in the focus groups conve!1ed to discuss e<::onomic deve!opme!1t
service delivecy me!1tioned the problems e!1countered in de3ling with organizations that define
their scopes of service vecy narrowly. The business community requested the implementation of
"one-stop-shops" or a c1e3r focal point for acquiring e<::onomic development services. Similarly,
while the businesses understood that certain organizations provided spe<::ialized services, they
expe<::ted a better referral system. Anecdotes of a company making four to five phone calls based
on a daisy chain of referrals was common. We found little evidence that San Diego organizations
have a fixed protocol for how to make referrals from one organization to another. No overall
dire<::tory of assistance exists; no multi-organization lead and inquiry tracking system exists; no
comprene!1sive quality of service survey is conducted. Hence, our fourth principle:
"The economic development system must have the ability to function
as a "one-stop-shop" and to structure and monitor referrals
in a manner that ensures that aJileads and inquiries are handled efficiently
and to the satisfaction of the customer."
The San Diego e<::onomy is highly diverse and comprised of some of the potentially fastest growing
industry se<::tors in the U.S. emnomy. Te!e<::ommunications, software, defense, biote<::hr:ology,
and ele<::tronics industries are all we!1 represented in the local e<::onomy. Not only is the industrial
structure diverse, the different industry segments need different types of e<::onomic de'/e!opment
services. That is, the elec-uonics industry needs site selection assistance and help in hiring new
employees while the software industry needs capital and training assistance. We also found that
large businesses need emnomic development organizations to help remove barriers to g'owth
while small businesses need help gaining access to resources of all types. This diversity of n~ds
among firms implies the need for focus with respe<::t to industrial target; and to understand the
needs of firms in these industries. Thus our fifth principle:
"The economic development system must focus program development, implementation,
and marketing on a few key, high probability industrial targets."
The most agg'essive e<::onomic development organizations around the country are implementing
spedalized programs designed to satisfy the n~ds of spedal industry segments. Examples of these
innovative, focused programs include spedalized, pooled worker training prog'ams, capital funds
spedalizing in certain types of investments, marketing networks linking local businesses, and
business mentoring programs. The philosophy of these programs is that industry attraction,
expansion, retention, and creation are all enhanced by the implementation of programs designed
to the spedal needs of particular, targeted industry segments. There is a synergy between helping
firms within an industry expand in a region and recruiting new firms from that industry. Ironically,
various focus group industry participants indicated that they received more help when they were
being re<::ruited to San Diego than when they subsequently faced expansion opportunities.
Hence, our sixth principle:
"The economic development services delivery system should combine .
the industry attraction, retention, expansion, and creation activities and be based on a
thorough knowledge of the needs of targeted industrial clusters."
36~ 9-.y,2
According to both the survey and the focus group results, the most needed economic
development service is business advocacy and the third most needed service is permit assistance.
Clearly these are functions in which businesses are requesting assistance in working with the
regulations and laws imposed by governments. The most effective way of handling these types of
needs is a public private partnership in which the regulators and the business community work
together to find win-win solutions to companies problems. Likewise, the budget realities of
economic development organizations in San Diego are such that governments are clearly
important sources of monetary resources for conducting economic development activities.
Consequently, our seventh principle:
"The economic development delivery system must be a publidprivate partnership
dedicated to making San Diego home to world class industrial companies."
In the process of conducting this program we interviewed fifty-eight different economic
development organizations and there are probably another fifty-eight that also have SElme small
impact on the overall fabric of economic development in San Diego. While it is not highly
unusual for a major metropolitan area to have a large number of organizations, it is unusual for
there to be multiple Economic Development Corporations in one metropolitan area. Likewise it is
unusual for there to be multiple organizations providing technology related economic
development assistance. The large number of organizations involved with economic
development creates the opportunity for problems related to program duplication, program gaps,
duplication of overhead expenses, and narrowly conceived marketing. Previous examinations of
economic development in San Diego have resulted in recommendations to create a coordinating
body of one sort or another. These recommendations have not been successfully implemented. in
.PilrLbecaus<!_of..th€...i:Q!1ce-n ov~ creating another new ent1tt. Generally these recommendations-
also did not address the issue ot how to eliminate unnecessary redundancy and overhead
expenses. Hence, our eighth and last principle:
r
"The economic development delivery system lJlust not result in an additional entJ!Y., !
must address the fundamental areas of program reaundancy,
and ensure objective service to all parts of the County."
Previous Economic Oevelooment Restructuring Recommendations
In the last several years, several organizations have recognized that San Diego should take steps to
improve the ways in which economic development services are delivered. The City of San
Diego's Economic Development Services, the San Diego Economic Development Corporation,
. and SANDAG have all suggested ways to rationalize the current system. Generally these plans
have addressed the economic development problems that San Diego face, identify a number of
creative steps that will positively impact the economy, and to one degree or another offer
recommendations about how to deliver the services. The SANDAG study was a very strategic
look at the region's problems and opportunities and made recommendations about broad based
initiatives. It did not directly address the problem of how to deliver the services in more effective
ways. The San Diego EDC saw the problem of economic development service delivery as
needing a focal point for coordination. They recommended that Team San Diego provide that
coordination. Likewise, the City of San Diego recommended that the Technology Councilor the
Regional Technology Alliance serve that coordination function.
~ <}"/{;5
, -
Common to all these suggested plans was the focus on the concept of voluntary coordination.
That is, economic development services could be provided more efficiently through coordinated
activities and organizations should readily recognize the value of such coordination and
participate voluntarily in the mode!. In theory this strategy makes sense; in practice, however, it
requires a tremendously high leve! of trust and confidence in the organization doing the
coordination. Lead allocation, resource allocation, information dissemination, and other
significant sources of "power" would be controlled by the coordinating entity. To many
economic development organizations, this is a threat. Particularly when existing organizations
question the fairness and objectivity of other economic development entities. Further, because
economic development results in tax base changes, employment opportunities, and other
geographically specific benefits, the willingness to cooperate is threatened.
Another reason that these suggested reforms to the economic development system have never
been fully implemented is the lack of support at the highest level of community leadership. All
these plans were developed within specific organizations and the broad and high leve! support of
the region's elected officials and corporate executive officers was lacking. Even had these plans
had high leve! support, we have serious doubts about whether the ultimate implementation would
have worked the way the planners anticipated. With 58 or more organizations to involve, the task
of coordination is monumental. And none of the plans dealt with fundamental issues of reducing
overhead, improving quality, and marketing more effectively.
Soecific Recommendations
Our discussions with leaders of San Diego's economic development network, at both the
governance and the operationalleve!, gives us confidence that San Diego has the leadership
willing to invest the effort to depart from the status quo and make San Diego the model for
seamless economic de'/elopment The recommendations are categorized into those related to
organizational issues and those related to programmatic issues.
Seamless Development Organizational Recommendations
Evolve a San Diego Regional Economic Development Corporation. We recommend that the San
Diego economic development leadership endorse the concept of managing economic . .
development activities through a strang, hierarchical organization that is endowed with authorities
and responsibilities for designing, marketing, managing, and monitoring economic development.
services. (See organization chart on the following page.) The name San Diego Reg;onal Economic
Deve!opment Corporation captures the scope and responsibilities that we recommend be
consolidated.
Characteristics of this organization are:
. Governance by the highest levels of public and private sector leadership representing all of
San Diego County including suburban and outlying areas
. Economic development program management for all of San Diego County vested in the
organization
. Program management for a set of integrated industry attraction, industry expansion,
industry retention, industry creation, economic development service marketing, and
company outreach initiatives
38 ~ 9-'1'1(
. Actual delivery of economic development assistance through a matrix management
approach where industry needs are satisfied by the highest quality, most efficient service
providers from organizations throughout the County
. Actual company services delivered by Case Teams comprised of program managemeClt,
service providers, and political entities
. Geographic coverage and fairness insured through both the composition of the
governance board and the formal establishment of regional affiliates or regional offices
. Industry responsiveness insured through both the composition of the governance board
and the establishment of industrial advisory panels for each of the target industrial clusters
39
~
...-
~,~->
~
A Seamless Economic Development Delivery System for San Diego
Board of Directors
President
Industry Reg;onal
Clus:ecs ~
Advisor! Groups Offices
------
Manage:
Marketing
and
Public
Relations
-I
I
v. P.
Attraction
v. P.
Rete;ltion
and
Expans;on
V. P.
Technical
Services
Public
Policy
Programs
Imago:
-Outreach
Capital
T arg'Oted
Recruiting
_Business
;1..ssistance
Workforce
Technology
Incubation
Expor"Jrrade
Small Business
PecmittingtLicensing/
R'Ogul.atory Compliance
40
~ 9-'1t
Position the San Diego fDC as the Regional fDe It is neither desirable or necessary to create a
new organization to serve the role as the Regional EDC. The San Diego EDC could evolve to
effectively serve this management function. Currently, the San Diego EDC has one of the highest
name recognition factors of any San Diego developmerlt organization. It received positive
evaluations with respect to how well it managed and monitored referral activities. Its Board of
Directors composition appears flexible enough to accommodate highest level public and private
sector leaders. It already has a few industry advisory groups. It specializes in industry attraction;
performs industry expansion and retention activities; and operates through case teams.
The San Diego mc must be given the opportunity and helped to expand and enhance its
operations in some fundamental ways.
. First, its Board needs to be selectively and strategically strengthened to include members
that will provide the Regional EDC with credibility throughout the entire San Diego
Region. Voting Board member positions from governmental entities through the region,
from strategic service providers, and from other Economic Development Corporations
should be added to the Board.
. Second, it must be authorized to market and manage a comprehensive expansion and
retention program across the entire county.
. Third, it must support the San Diego Chamber of Commerce's lead efforts in public policy.
. Fourth, it must be helped to reach agreemerlt with other ELKs in San Diego County about
affiliation strategies.
. Fifth, fiscal resources must be allocated to renect the program management responsibilities
or the Regional EDC.
. Sixth, it must be helped to structure memorandums or understanding with regional service
providers.
We recommend that the San Diego EDC be the organization to evolve into the Regional EDC
be-:ause it most closely matches the characteristics we believe to be essential for the Regional
EDC, be-:ause its customer performance track re-:ord is favorable, and be-:ause no other
organization has the combination or geographic and functional scope that is needed.
Create a Board of Governance Comprised of Highest Leve! Leadership. Successful economic
development depends on harnessing the full array of resources needed to help company prosper
in San Diego. There are two key characteristics of the Regional EDC Board that help achieve this
goal. First, the Board should be comprised of the highest leve! leadership from both the public
and private se-:tors. As fully voting members or the Regional EDC, and working in partnership
with each other, the public and private sector leaders will demonstrate their full commitmerlt to
helping companies be successful. Second, the Board must have the level of representation that
lends credibility and fosters trust among all parts of the San Diego Region. The current Board of
Directors of the San Diego EDC has many of these characteristics and could easily decide to
expand to incorporate additional voting members. We re-:ommerld that the Regional EDC Board
be comprised of the following members:
~ 9"'tf?
'"
~
. Mayor of San Diego
. Chair, Greater San Diego Chamber of Commerce
. Chair, San Diego EDC
. Exe,:utive Dire':tor, San Diego Port Authority
. Exe,:utive Director, SANDAG
. President, San Diego County Board of Supervisors
. Chair, Tijuana EDC
. CEO, Local Financial Institution
. CEO, Local Utility
. CEO, Newspaper or Other News Media
. Exe,:utive Director, CONNECT
. CEOs, Large Businesses
. CEOs, Small Businesses
. Exe,:utive, Department of Defense
. Executive, Real Estate or Developer
. Regional Executive, Trade & Commerce Agency
Additionally there should be seats on the Board representing the following strategic allies and
service providers.
.
Training Service Providers
SDC&PIC
ElP
Community College Council
SDSU
UCSD
Affiliated EDCs
East County EDC
South County EDC
Center City Development Corporation
Southeast Deve!opment Corporation
North County Cities
South County Cities
East County Cities.
.
.
.
.
Seats for these allies could be rotated among representatives in order to provide broad
involvement.
The Board would be responsible for establishing policies, programmatic priorities, performance
evaluation, financial plans, and for public policy initiatives supporting the business community
and the Chamber of Commerce's lead. Because most of the organizations that have a standing
allocation of resources are on the Board, performance evaluation bemmes a integral part of the
overall Regional EDC activities and not a mandatory action taken to satisfy contractual
requirements.
Est..blish a Stre:amlined Management Structure. We re':ommend that the management of the
Regional EDC be lean with the majority of resources spent on service delivery. The following
positions and responsibilities should be established.
42
~ 9-'f~
. President, Regional EDC
The President of the organization should be given executive level responsibility for all
operations. The President will craft and maintain an exciting, challenging, and realistic
vision for San Diego's economy and direct the mission of the Re,gional EDC to making that
vision a reality. The President should be charged with creating and operating a highly
responsive, fair, and high quality program. Tne position will be expected to develop and
implement a high profile marketing and outreach program. The position carries
responsibility for developing the mechanisms for insuring the service delivery capacity.
. Vice President, Expansion and Retention
The Vice President, with full coordination and cooperation of local government
development organizations, is responsible for implementing a systematic and broad based
company outreach program geared to promoting expansions of businesses within the San
Diego Region. The Expansion and Retention Programs will emphasize servicing
businesses in the target industrial clusters. The Expansion Outreach Program is expected
to work with the Vlr;e President of Services to create the necessary Case Teafl)s to handle
needs of local companies. The Case Teams will be led by a representative from the
company's local community who will provide solutions to many problems and linkages to
other city offices. The Case Team will also include technical specialists who will provide
the highest quality expertise to solve the company's problems. The Regional EDC will
insure that the outreach program is implemented throughout the San Diego Region and
will market the availability of the program, handle reactive inquiries, screen the inquiries,
and establish the Case Team leadership.
. Vice President, Industry Attraction Programs
The Vice Presiderlt is responsible for implementing attraction programs for companies
within the target industrial clusters and for implemerlting overall business image based
attraction programs. The position will be responsible for marketing, lead development,
prospect cultivation, and deal arrangement The position will utilize Case Teams including
represerltatives of political erltities. A key performance measure for this position is how
effective the Vice President is at being the honest broker of locations within San Diego
County .
. Vice President, Economic Development Services
The Vice President is responsible for designing mechanisms to acquire assistance for
specific companies, maintaining capacity to provide assistance, monitoring quality and
responsiveness of service providers, evaluating customer satisfaction, and working c1ose!y
with the Vice Presidents for Attraction and Expansion to create responsive Case Teams.
The position will have the authority to help the Presiderlt decide whether the Regional
EDC should "make or buy" the services. The position will be responsible for allocating
resource: to service providers. .
. Manager, Marketing and Outreach
The Manager is responsible for designing, developing, implementing, and evaluating
effective marketing programs that reach the target customer base. Particular effort must be
spent on developing marketing methods that will reach the small business customer base
so important to San Diego's future. The position will investigate and implement innovative
marketing approaches such a InterNet and IntraNet systems.
~ 9--'11
d'
Cre:ate Regional Afriliates or Regional Ofrices. San Diego has re!atively unique areas within the
..County that offer differe!1t competitive advantages and have unique economic deve!opme!1t
objectives. The Reg'onal EDC must work effectively with all these areas, paying particular
atte!1tion to insuring that all parts of the County are adequately represented. There are existing
De'/e1opme!1t Corporations in all parts of the County other than North County. We recomme!1d
that the Regional DC de'/elop. affiliate relationships with each of the existing EDCs. The affiliate
status can be as simple as a memorandum of understanding to as complex as an acquisition. The
affiliation will insure that the specific needs of the subreg'ons of the County are known and
renected in programs. The affiliates will also help insure that opportunities are treated fairly.
Cre:ate Targeted Industrial Cluster Advisory Groups. The Regional EDC should form or associate
with an industry advisory group for each of the targeted industrial clusters. San Diego has
ide!1tified te!1 clusters believed to be high growth sectors and for which San Diego's economic
characteristics make it highly competitive. The Advisory Groups will be asked to provide input on
program desig!1 and implementation, provide feedback on performance, and be part of Case
Teams delivering specialized services - particularly to the Industry Attr;;ction activities. Whe!1ever
possible the Reg'onal EDC should work with existing e!1tities rather than creating more. For
example. the Software Industry Council, the American Eiec'uonics Association, the CEO. Forum
(telecom) should be offered the opportunity to serve in the advisory capacity.
Programmatic Recommendations
Support Public Policy Leadership of San Diego Chamber of Commerce. As noted earlier, San
Diego has very complex and visible public policy issues it faces ranging from NAFTA and
immig~ation to water rights and airport deve!opment. The business community wants and ne:ds a
clear voice for the'r position. Whe!1ever possible, this should be one voice speaking with
sig!1ificant regional support. The San Diego Chamber of Commerce is focusing its organization on
becoming this e!1tiry. They command very broad based support and participation and, as such,
are positioned to speak for a large number of constitue!1ts. They are also freeing themselves from
govemme!1t resources that will allow them to be pure business advocates. Therefore, the long
range, visionary, public policy aspects of economic de"e1opme!1t should be handled by the
Chamber.
The Regional EDC should provide input to the Chamber as it formulates its policy positions. The
EDC's targe~ indus,,"ial advisory groups are a perfect mechanism to acquire specific feedback on
issues.
The Region;;.1 EDC should handle the more tactical aspects of public policy. In particular, issues
th;;.t impact one company or issues in which one company has a particular interest can be
handled by the Regional EDC.
Initiate Fast G~owing Company Expansion Program. We recomme!1d that San Diego design and
imple!11e!1t an outreach program designed to contact the twe!1ty-five to fifty fastest growing
companies in eoch of the te!1 targeted industrial clusters. These are the companies that will be
f;;.cing various types of barriers to their growth, have opportunities to totally relocate their
businesses as they expand, and could form the basis for the next homegrown large compan'y. It
should be e!11phasized that the program should focus on fast growing companies, not large
companies. Large companies probably are already known, can maneuver their way around local
obstacles, or know enough to call an economic de'lelopme!1t service provider for assistance. The
'smaller, fast growing companies are more likely to be lost in the system and have no idea whom to
reach out to for help.
44
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Each outre.ach program case team should involve a representatiye from the Regional EDC, a .
representative from the target industrial advisory board, and a representative of the political entity
in which the business is located. The purpose of the outreach call is to understand the issues
facing the company, listen, and then provide whatever assistance is needed. The actual assistance
would involve arranging assistance from among the many service providers working with the
Regional EDC.
Initiate an Electronic Economic Development System. We remmmend that San Diego develop
an innovative e-:onomic development system that is delivered to businesses currently located in
the San Diego region, to businesses outside San Diego who are considering locating in the region,
and to the network of economic service providers. The system is likely to consist of InterNet and
IntraNet components. The InterNet aspects of the system would provide a directory of service
providers, programs available, general e-:onomic development information, information and
electronic forms for all routine business permits and applications, geographic information, and e-
mail. The IntraNet component would incorporate a lead tracking system, Case Team status
reports, information bulletin board, and chat room. Access to the IntraNet portions of the sys~em
would be controlled through passes issued to Regional EDC members, investors, and affiliates.
The e-:onomic development system should be designed to portray the high technology image that
San Diego wishes to portray. Its content should be carefully research and tied to business needs, it
should be professionally designed, it should be professionally administered. The goal for the
system would be to have a system that exceeds the system in place from Silicon Valley and Fairfax
County .
Consolidate Technology Focused Economic Development Programs. We recommend that San
Diego consolidate under one management structure the numerous programs that now exist
designed to support science and technology based e-:onomic activities. The Regional Technology
Alliance should be given management responsibilities for activities related to partnership building,
business planning, technical planning, seed fund administration, technology transfer, and high
te-:hnology incubation. This consolidation will combine at least five organizations - RTA, HTRC,
CACT, EmTek, SWTTC - into one saving significant overhead dollars, increasing resources
available for program implementation, and reducing unproductive reporting requirements.
The te-:hnology based programs currently are funded large!y through the efforts of the City of San
Diego's defense conversion initiatives. The EDS showed excellent foresight in establishing these
programs. Now as these programs evolve, they should be combined, placed under integrated
manag€ment, and organizationally positioned where they can be assured of continued financial
resources.
We recommend placing the Regional Technology Alliance within the Regional EDC. This will
eliminate the need for the RTA to engage in independent fundraising from the private sector.
Rather the benefits of their programs can be offered through the larger capital fundraising of the
Regional EDC. Fur.her, this affiliation provides access to industry advisors and support marketing
imperatives.
Build on CONNECT to Structure Innovative Capital Program. San Diego is fortunate to have the
CONNECT program that is one of the most respected and successful capital access programs in
the Country. In our focus groups and industrial interviews, CONNECT received very positive
re'/iews and had high name and program recognition. It is recommended that CONNECT be
asked to evaluate the overall capital assistance needs for the ten industrial targets and structure a
process, similar to their successful model, that will be responsive to the specific capital
requirements of the targ€ted industrial sectors.
45
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Initiate a Coordinated Marketing Program for Worker Training Programs, We found great
confusion among San Diego industry about the respective roles of the PIC, ETP, and individual
training service providers. The confusion is so profound that companies frequently indicate that
they find alternative ways to train their employees. We believe that the training curriculum and
quality of trainers available in San Diego are equal to any other part of the country. However,
businesses need to be told how to take advantage of programs that are available to help them find
workers and train employees. We believe that the first step is to provide a marketing program that
informs businesses of services that are available and how to gain access to the programs. The
Regional EDC should be given responsibility to deliver this coordinated marketing program
through its marketing and customer outreach program.
Create a Small Business Coordinating Council. Small businesses are the life blood of San Diego.
Currently there are several active small business development centers and programs available to
help small businesses with problems. In general, the small business development centers deliver
services through consultants that provide hands-on assistance and training to the companies. We
recommend that the SBDCs take advantage of the consultant networks that each have cultivated
over the years. Utilizing and making available one combined consultant network should improve
the efficiency of these services. We also recommend that a Coordinating Council comprised of the
Chamber of Commerce, City of San Diego, Southwest Community College, and the Regional EDC
Vice President of Services be formed to develop consistent strategies, reinforce prog'am sharing,
coordinate new program development, and coordinate marketing of small business services.
Create an Alliance Among Export and Trade Service Providers. San Diego is periectly positioned
to serve compenies interested in international trade with the Pacific Rim and with Mexico. Several
organizations have formed with specialized expertise. The World Trade Center, Dielog'Je,
Southwest Community College's International Trade Center, Otay Mesa Chember, Sen Diego EDC,
South County EDC and probably others all offer some forms of export and trade assistance.
Services to business can be improved if these functions ere combined or at least marketed in a
comprehensive, coordinated package. We recommend that the World Trade Center be
challenged to develop a coordinated export and trade assistance marketing campaign that would
be delivered through the overall marketing and outreach of the Regional EDC.
Examine and Endorse Target Industrial Clusters._ The size and diversity of San Diego's economy
dictates that economic development be focused on particular targe!5. Today, ten industrial targe!5
have been identified. We recommend that the Regional EDC or a special study group of existing
economic development organizations review the ten targe!5, modify or refine the list, and then
present their findings to the entire economic development community for adoption as the targe!5
that will be pursued when pro-active initiatives are undertaken. We believe that it is more
important to have a consensus about the targets than it is to spend inordinate time refining the
terge!5. The only questionable cluster of the ten existing targets is trensportction. We recommend
thet San Diego assure itself that it wants to spend equel efforts marketing transportation economic
development and telecommunications economic development which will create many more jobs.
Conduct Feasibility Study of Technology Based Incubation. San Diego's economy is besed on
small technology based businesses. It has a number of sources of new technology. And it
obviously hes a high level of entrepreneurial talent and interest. As such, there should be high
demend for incubator space for selected high technology companies. We recommend that Sen
Diego conduct an assessment of the potential demand for incubator space and eVeluete whether
the current incubator programs are adequately serving the potential demand. This study should
also consider the need for incubation by various industry sectors. For example, software
companies typically do not need incubator space because the formative years of a software
company can be housed in any space, including basements and garages. Conversely,
menufecturing start-ups usually can benefit greatly for incubator space and the support programs
offered at incubators.
46 ~ 7~
We also recomme"d that San Diego examine the feasibility of launching a program that could be
called incubator without walls. Under this program, small businesses are provided supporting
services and resources similar to those they would receive in an incubator but are not physically
located in an incubator.
The results of the incubator feasibility study should be factored into the future plans and
recommendations for an newly configured RTA.
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Next Steps
Once the RT A's Board of Directors has reviewed and endorsed this set of recommendations, we
propose the following actions.
.
Conduct individual meetings with the Mayor of San Diego, The County Supervisors, The
Port Authority, The Board of the Chamber, The Board of the San Diego EDC and seek their
endorse,-nent for the concepts e,-nbodied in the recommendations. We must be realistic
enough to expect that there will be changes that each entity will want to see in the final sets
of recommendations and actions. If it is evident that no agreement in principle can lie
reached, we recommend that we implement a secondary position that takes San Diego as
f"r as possible toward the Regional EDC mode! presented above.
. Hold a series of Workshops with economic development organizations and service
providers. These workshops should cover:
fin"nci,,1 resources available to support oper"tions of the Regiona! EDC
designing a fast growing company outreach progr"m
conceptualizing the economic development electronic inform"tion system
consolid"ting technology programs
alliances for marketing and delivering coordinated capital a55is~ance programs
"lli"nces for mMketing and delivering coordinated worker training and hiring
assis~nce prog!"ams
alli"nces for m"rketing and delivering coordinated intern"tion,,1 (["de and export
assistance programs.
. M"ke present"tion to special San Diego EDC Bo"rd and Investor meeting to expl"in
opportunities and leve!s of support.
. Assist San Diego EDC develop a t"ctical plan for accomplishing as much of the Regional
EDC concept as there is support for.
",
48
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Appendix A. Study Methodology
In order to develop a seamless economic development delivery system, the current system must be
thoroughly examined. The methodology for this analysis is based on the idea that EDOs operate
on three basic leve!s of strategy. First, each EDO has its own vision, mission, and constituency,
and must design strategy to meet the objectives of that mission. Secondly, the EDO's strategy must
be in alignment with those strategic objectives of its customers and investors - whether private or
public sector investors. Finally, each EDO must incorporate a broader understanding of the
strategy embedded in its larger community's priorities and programs for investment and renewal.
To capture these different levels, the current activities of each EDO were measured. The team
talked directly to the CEO or senior executive of 58 economic development organizations
throughout the region. Each one-on-one interview included a discussion of:
. mission and goals of the EDO
. obstacles to achieving its goals
. economic development services provided
. targeted industries and geographic regions
. budget an,d s~~rces of revenue
. number or starr
. strengths and weaknesses of its programs
. allies
. competitors
The discussions centered on the five general activity areas and programs of the EDO:
. economic development
. business assistance
. business climate issues
. financial assistance
. development assistance
After understanding each EDO its mission and programs, the next step was to talk to customers of
the EDOs to learn about their first hand experiences. Nine focused micro-groups were conducted
with two to four participants from each targeted industry. The discussions focused on:
. specific experience with EDO
. the initial contact with the EDO
. how their needs were met or not met
. awareness of other organizations and activities offered by other EDO
. their perception of the quality of the EDO's staff and its work
. who they would contact for a future need
To expand on the input from the EDO custome~, 124 telephone surveys were conducted with
companies in the 10 targeted industry clusters. The surveys included questions on:
. whether the company had or was planning an expansion or relocation
. what types of economic development assistance the company felt was important
. the current availability of economic development services.
. who they would call for assistance
. their recognition of current EDO organizations
. barriers
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49
Togethec the results of the one-<Jn-one EDO interviews, focused micro-groups of EDO customecs,
and survey of area companies gives us a good picture of the current economic development
system in San Diego as we!1 as a thorough understanding of the needs of its constituents.
50
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Appendix B. Summary of EOG Services
Several of San Diego's e-:onomic development functions are housed in more than one
organization. Be!ow is a description of organizations with core activities in Business Planning,
Technology Assistance, Business Incubation, Intemational Trade, Training and Capital. Other
organizations with more limited activities or referral networks are listed after the primary providers.
A matrix of the activities in which each organization identifies as services they provide is found on
the following wo pages. A solid dot means that the ELlO provides a primary level of service while
an open dot represents a se<:ondary leve! of service.
Business Planning
Through Small Business Development Centers at The Greater San Diego Chamber of Commerce
and Southwestem Community College and the City of San Die,:o - Office of Small Business
business planning, training and other special programs are provided to small businesses firms
through a network of consultants.
In addition to its regular degree program, SDSU's Entreorene'Jrial Management Cente" has a 6
month courses for entreprene'Jrs with an idea. The program helps the individual prepare a
business planning including projecting financial needs and designing an marketing strategy.
The Hi~h Technolo~ Resource Cente (HTRO was created to assist small technology companies
with business planning and other services. Through a series of grants, HTRC pays for consultants
') assist small companies with marketing, financial or other business planning needs.
The central mission for UCSO's CONNECT program is to put firms in need of capital together with
investors to assist companies in expanding. Prior to a firm presenting at the Financial Forum, the
. CONNECT program takes each firm through a several stage precess which assists the firm in
business planning to improve their presentation. The final step before the Financial Forum is a
.virtual board" where member company CEOs advise the entrepreneur.
As an incubator, Borde Environmental Commerce Alliance (BECA) reg'Jlarly assists start-up
companies with business planning services through internal sources and its network of
universities.
The Southwestern College SSD and Inte"national Trace Cente" is place for future entreprene'Jrs
that are in the pre-incubator stage. The Center helps individuals work through issues with their
business idea. The Center uses in-house consulting services of Southwestern College as we!1 as
refer individuals to other professional services.
Other organizations which support business planning activities include:
San Diego Dialogue
World Trade Center
Building' Industry Association .
Defense Conversion Center, SOSU Foundation
EDS, City of San Diego
Center for Applied Competitive Technologies (CACT)
East County EDC
City of Oceanside
City of Vi~..a
Regional Transportation Technology Alliance
Sl
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Technologv Assistance
The SouthWest Technologv Transfer Ce!1ter IS'NTTO is part of a national program sponsored by
NASA to assist local firms in working with the national laboratories. The program cansis:' of a
part-time director and an occasional intern. The program was designed to assist small companies
in identifying opportunities and making contaC"..s for the use of national lab facilities.
As with business planning assistance, HTRC offers assistance to small technology firms through a
network of in-house technical c.onsultants. HTRC also pays for other services needed by start-up
companies including accounting advice and equipme!1t re!1tal (short-term use of high tech
computer equipme!1t).
As the major utility in the region, SDG&E provides businesses with technical assistance in the use
of gas and elec-uicity. SDG&E helps companies budget for utilities and evaluates their facilities and
makes recomme!1cations for energy efficiency.
The original mission for the Center for Aoolled Comaetitive Technologies (CACTI w;;.s to e!1hance
the competitive!1ess or local small to mid-size businesses with production and manageme!1t. It's
mission was expanded to include assisting defe!1se related firms re-e!1gineer to help them become
more competitive and diversify their products into commercial or dual-use markets. CACT assis:'
firms with technical issues through a network of in-house consultants. Its technology transfer
program provides experts to assess company needs and de'/elop customized installation/training
programs. These experts have conducted over 40 worksite technico.l tr;;.nsfer programs.
Additionally, CACT provides customized programs in machine technology and the use of its
CAD/CAM, CIM and Automation labs at its facility.
Through its on-site staff and cooperative agreerne!1t with universities, national laboratories and the
US Navy, the Border Environmemal Commerce Alliance (BECA) provides technical assistance to
incubator companies and walk-in clients.
The Southweste-n Colle1e SaDC and International Trade Ce!1ter specializes in helping companies
through an exte!1sive network of consultants ;;.nd specialized training programs.
Organizations supporting technical assistance include:
World Trade Center
SDSU, Entrepre!1eurial Managerne!1t Center
Building Industry Association
EDS, City of San Diego
East County EDC
Industrial Environmemal Association
City of Encinitas
City of Oceanside
City of Vi.sta
San Diego RT A
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Business Incubation
Three business incubators are located in San Diego:
Managed by CACT through the San Diego Community College District, The San Diego
Technologv Incubator is housed on the City College campus in downtown San Diego. The
19,000 square foot incubator opened in December 1995. Currently there are 6 companies
located in the incubator with capacity for up to 14 more start-up companies. The incubator
provides low cost facilities, business development training and support services, the use of
technology labs and information network including a Machine Technology Lab, an advanced
CAD/CAM'CNC facility.
BECNs Environmental Incubator is in Chula Vista. Companies in the incubator must be
environmentally-oriented although this definition is used quite broadly. Currently 14 of the 18
spaces at the facility are being used. The facility has office and some storage space but lacks
laboratory space.
Although not a true incubator, the Software Resource Center. does provide services to start-up
companies. Started by and operated by the Software Industry Council, the facility is located in
space donated by SAIC in La Jolla. The SRC houses many different computer and software
platforms in which to test new software. Companies can come to the facility and pay to test their
software on these different platforms. However, the SRC has not been well publicized or
financially supported and the facility is languishing.
Other organizations support business incubator support functions and assistance programs. They
include:
Otav Mesa Chamber of Commerce
Wo;ld Trade Center
SDSU . Entrepreneurial Management Center
HTRC
EDS, City of San Diego
County of San Diego
City of Vista
San Diego Port District
San Diego Community College District
International Trade
Approximate!y nine organizations are directly involved in promoting international trade in San
Diego.
As a member of the national association of World Trade Centers, the World Trade Center
promotes all aspects of international trade in San Diego. It operates as a networking and
educational center for both importing and exporting companies. The Association is
headquartered at the World Trade Center in downtown San Diego. The Association sponsors
frequent events to promote international trade.
The Border Ecvironmental Commerce Alliance promotes trade between US and Mexican
companies through several programs.
Because of its proximity to the Mexican maquiladoras, the Otav Mesa Chamber of Commerce was
organized to deal with specific cross border issues with US/Mexican operations. Together with
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SO EDC, Otay Mesa Chambe~ of Commerce sponsors MEXPORT, the premie~ trade show that
provides opportunities for supplie~s in the San Diego/Baja area. The Chambe~ is also strongly
involved in affecting changes to legislation at the local, state, and national levels.
A partn,~rship between the San DiegoiTijuana community and the Unive~ity of California, San
Die,:o Dialogue was created to address large issues of regional development. The;r focus is in
research, community education, and institution-building on a regional basis. Dialogue publishes
several regional economic reports to give companies a "big picture" view of the business climate.
San Diego EDC organizes and leads trade missions and provides information, advice, and .
networking to local businesses.
California Trade and Commecce actively promotes international trade by providing networking
services and other information.
San Die,!"" Convpntion and Vi<itors Bureau IConVi<) is solely de'loted to the tourism aspects of
inte~national trade. ConV;s is involved in organizing trade missions to promote San Diego as a
tourist attraction in both domestic and international markets. .
San Die,:o Unified Port District operates and markets several shipping port facilities, warehousing
facilities, as we!1 as the airport to both domestic and intemational firms.
Southweste"n Colle,:e SBDC and Inte~national Trade Cente~ provides information and market
intelligence through consultants, training, and networking.
Othe~ organizations supporting international trade include:
EDS, City of San Diego
SA,'iDAG
San Diego Community College District
Industrial Environmental Association
Training
Se'le:CiI organizations and universities are involved in worker training.
A.lthough it does not directly train individuals, the San Diego Consortium and Private Industrv
Council provides for the comprehensive system of job training services within the greate~ San
Diego region. The PIC assesses the training needs of local employe~s and contracts with private
and public agencies to provide training. In addition, the PIC oversees the fede~al Job Training
Partnership Act UTPA), ope~ates six Caree~ Cente~s.
The Greate~ San Dipgo Chamber of Commerce provides training through its SBOC and
specialized semina~ and workshops.
SDSLJ's EntreeJrene'Jrial ManagQment Center has two programs to instruct individuals in the basic
skills of starting a company. In addition to its regular degree program through the College of
Business, the Entrepreneurial Management Cente~ has a six month course designed to help
potential entrepreneurs develop their business concept and instruct them on how to write a
business plan and othe~ necessary"first steps in starting a company.
SOSll's ColIl'gQ of Extended Studies provides training in management, quality, productivity and
computer technology to business and military organizations within the region. Typically their
use" are the "survivors" of downsizing - those who have stayed on but are required to take on
S6 ~~-?~
new responsibilities. The college has three distinct programs: 1) public program with regular
classes on generic topics, 2) customized programs where COUrSES will be designed for the specific
needs of an organization, and 3) consortium, an educational partnership with business and
industry. Recently growth has been in the consortium program where local companies pool their
resources together and design courses to meet their needs overall.
The Defense Conversion Center of the SDSU Foundation primarily trains those who have lost their
jobs though downsizing in the defensE industry. The Center provides counseling, retraining, and
job search skills. The Center specializes in retraining individuals in engineering, health services,
telecommunications, and biotechnology. Programs vary in length and can involve earning
certificates. The Center has now or has graduated over 300 students. Its goal of 60% placement
was surpassed by an 80% placement rate in 1995.
Primarily an industry advocacy and member group, the Buildinglndustrv Association was forced
to add training to their'activities. When the region's economy plummeted in the 1980's,
construction workers left the area in droves. Now that housing starts are beginning to increase,
there are not enough skilled workers in the building industry so the association has sponsored
classes in carpentry and other finishing skills.
City of San Dieg'J EDS is an active partner in the training arena by virtue of its financial support to
the PIC.
The Center for Aoolied Comoetitive Technoloe;e< (CACll provides training in technical areas
primarily through its' STEP! (Steps To Entrepreneurial Power) program. The STEP! prog'am features
l weekly seminar on topics such as operations, marketing, finance and technology. The CACT
also offers special workforce development programs and specialized courses of study in technical
skills areas. The CACT also customizes on-site or worksite training for specific companies and
industries through the California Supplier Improvement Program (CaISIP).
The San Die:'J Community Collegp Di<trict trains more individuals than any other organization in
the San Dieg'J area.
Other organizations involved in training include:
World Trade Center
California Trade and Commerce
City of Poway
NRaD
Caeital and Financial Assistance
Certified by the SBA, CDC Small Business Finance Core. Markets and packages business loans for
small to medium companies in conjunction with banks and other financial institutions and
g'Jvernment agencies. Through many SBA programs, CDC has made 42 loans over the last three
years. Many of its loans are micro loans under $50,000. .
. Funded by Defense Conversion funds, EmTek Sepd Caoital Fund was originally designed as a S 1
million revolving loan fund to provide short-term financial support for local start-up firms before
they are ready for venture capital funds. The g'Jal of the fund was to develop new products,
~nhance competitiveness, and create new jobs in the San Diego area. Over its three year life, five
loans have been made and $360,000 remain in the fund. .
Centre City Devp10pment Corp. was organized to remove blight and create jobs through
downtown development. Through funds raised by property tax proceeds from redevelopment for
<7't. /
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A.
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a period of twenty years, CCOC funds are used to levera.ge private funds and to seed real estate
deals.
B ECA assis:.s small businesses in se!:uring funds for its incubator companies
Through its revolving loan fund, Southeastern EDC provides funds to small businesses. The loan
funds are generated by land sales through tax incremental increases of those sales.
San Die::o EDS provides capital funding to businesses through tax exempt bonds (non-profit and
ente!']Jrise zone private activity bonds, and small issue manufacturing bonds), loans and grants
with Business Improvement ~istricts (BIDS), and through seed money to EmTek.
Organizations supporting capital management include:
American Eiecuonics Association
BECA
City of Carlsbad
City of Chula Vista
City of Escondido
City of Poway
Citv of Vista
Co~nty of San Diego
EDS, City of San Diego
HTRC
Office of Small Business Deve!opment, City of San Diego
SAI'JD;\G
Southwestern College SBo and Internationa! Trade
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58
Appendix C. Summary of Focused Micro Groups
A series of nine groups was conducted with companies who had been clients of one or more of
the several economic development organizations in the San Diego region. We were referred to
these participating "customer" companies by the economic development organizations
themselves. This method may have resulted in some bias toward favorable reviews of the referring
EDO. However, for the purposes of the groups that was not a serious drawback.
The intent of the groups was to:
. identify the kinds of business challenges that caused certain kinds of target
industries to seek assistance from various economic development organizations.
. to explore the pattern of referrals among EDO's.
. to examine whether there were unmet development needs that vary by indus:ry or
size of firm.
A list of the focus groups is provided at the back of this Appendix.
Kev Business Challenges
The challenges that brought business people to the EDO's vary widely both by industry and by
size of firm.
A key distinction between large and small firms was in what we call "barrier reduction." Large
firms tended to contacts EDO's because in their drive to grow, they needed to add facilities and
were being delayed by design reviews and permit processes, and were being charged large fees
for infrastructure and housing. Some, especially in labor intensive service industries (tourism
specifically) also used training services of local EDO's.
On the other hand, small firms (while some also face delays from design review of expanding
facilities) tended to come to an EDO with other challenges ranging from a need for incubation, to a
need for venture capital. They are typically not yet large enough to warrant attention to the matter
of reducing barriers.
Barriers
Three key matters were cited as barriers to growth by those companies building new structures:
. obtaining design and other structure related permits
. obtaining necessary permits for handling hazardous materials
. paying infrastructure and housing fees (both the amount of the fees and & timing of
p.ayments were issues)
Permits
A central issue with permits is a matter of timing, not of the intrinsic need for permits themselves.
Delays in obtaining permits are very costly since they not only increase elapsed time from
decision to occupancy (and thus can affect financing and building costs), but also they delay
opening production facilities. To deal with this, the larger companies told us, the City of San
Diego has instituted a program called Project 2000, which is intended to provide expedited
59
A
-
c-f 9"tJ
processing of pe~mits. This expedited processing occurred, they said, only afte~ seve~al cases in
which large companies' plans we~e being delayed in planning review processes, and they
complained directly to the Mayor of San Diego who took effective action.
The lesson in this appears to be that the local political authorities, immediately afte~ the strongest
blows of the military downsizing, was not yet conscious enough of the needs of growing
businesses, but quickly became organized to deal with these kinds of problems. Howeve~, when
facing a challenge of new site development, at least one large local playe~ hires a political
consultant to assist with relationships so that the expedited process remains on the tracks. The
long te~m challenge appears to be to keep on top of these kinds of matte~s so that expedited
processing remains a vital process and is not defeated by the daily g~ind of planning departments
everywhe~e. This is largely a matter of institutionalizing the relationships with business such that
whomeve~ occupies the mayor's chair, the communications relationship is maintained.
Pe:mit-re!ated Ic::;uec;
. Expedited processes do not necessarily exist in every community. This process may
exist only in San Diego proper and in one or two suburban cities.
. Total elapsed time for permitting is not the only timing issue. Also of conce~n is
obtaining a certain, rather than an open-end time-line. In the case of Lego World, the
EDC was complimented strongly for helping to maintain a clear and predictable
time-line.
. The necessity for conforming to design stancards can also arise. For example, one
company had occupied a production building in a suburb. The building was a metal
structure left over from earlier days when the area was primarily light industrial. Later
the suburb decided on a beautification program because of its desire to enhance the
quality of residential life. When the company wished to expand its building it was (the
company says) told it would have to retrofit the metal building to conform to the new
standards of appearance. Since this would have involved a cost of $2 million and
would have been unrelated to production efficiencies, this expenditure was not
possible to justify from a business point of view, and was (successfully) resisted by the
company which appealed to the city TDanage~. The lesson is not that local codes need
to be discarded, but that those enforcing them need to be aware of the tradeoffs
between them and productive utilization of existing structures.
Haz-Mats
Handling hazardous materials is inherent in at least one of the targeted industries (biotechnical).
The challenges companies in the groups faced in this regard we~e related both to EPA and to local
fire authorities. The latter were the primary problem cited that could be handled at the localle'/el.
There appears to be some inconsistency between the reg'Jlatory rules and practices of the Cities in
the reg;on and the county fire authorities. In the group setting it was difficult to pin this down in a
precise way. Howeve~, it appears that the city and county fire authorities both require lists of Haz-
mats to be filed (or a new site, and that their filing requirements and pe~haps their definitions of
hazardous materials differ.
They also said that the reports had to be filed in advance of opening the site. While that was
understandable, they said, it led to inaccuracies since they did not truly know in advance what
the;r scientists would be using on-site.
The fe~!ing of the businesses was that it would ease their attempts to conform to codes and to
provide accurate information if the reporting mechanisms were unified and bette~ timed.
60
~ <j,t, r
'nfrastructure and Housing Fees
Because of limits on broad-based tax sources of income, cities use various kinds of business fe~s.
The fe~s cited in the focus groups as sometimes problematic included infrastructure fees and
housing fees. The former are assessed upon the construction of a new facility, the groups said, on
the basis of the square footage. (Whether or not this is a precise description is not material here.) .
The objection they had to this was that in some cases the infrastructure on the land to be occupied
was already developed for previous users, and thus the fee should at least (they felt) be reduced or
waived. Otherwise it was clearly targeted to support broader infrastructure needs of the
community and not of their business. .
Housing fees are a method of raising money at the community level for subsidized housing
without using broad based sources such as sales or property tax. While the companies said they
accepted the need for such fees, one larger company representative said that such fees placed San
Diego at a competitive disadvantage when locations in California and nearby states were
otherwise fairly equal because the nearby states (he said) obtain such funding through g~neral
taxes on the population rather than creating a business disincentive by levying fees on start-up or
expanding businesses. (He also said that he empathizes with the cities' need for such fees as a
revenue source, but would prefer a change to a broader based tax approach.)
Barrier Reduction Summary
Barrier reduction applies more to the larger enterprise than to the smaller. Some barrier reducJon
can occur at the local level and involves establishing or maintaining expedited and coordinated
orocessing of permits, or unifying standards and procedures among local agencies. Other aspects
.nvolve negotiation on costs and timing of fee payments, or in the longer term possible a change in
legislation to alter the terms of infrastructure charges so that they would not be such a specific
disincentive to business expansion or relocation.
Other Services
Capital
The larger businesses all said they relied on internal sources, sale of stock, or banking relationships
for capital. It was the smaller businesses that cited a need for debt or equity capital. Perhaps
because of the way in which the groups were recruited, the business representatives tended to be
aware of the various EDO's that provide capital or connections to capital. The larger businesses
tended to members of CONNECT.
EMTEK. Several participants mentioned EMTEK as a source of funding. However, they felt that
the funds were too limited and the terms highly oppressive for them to be interested.
No one mentioned CDC or other sources of funding, but again, this may be a result of the
recruitment method, and not of large scale lack of awareness.
Awareness was greatest of CONNECT. It was seen as helpful in two primary ways - business
advising as a bi-product of preparing for a presentation, and exposure to a group of ready
providers of venture capital. From the combined comments of the large company sponsoring
members of CONNECT and the comments of those entrepreneurs who had presented to
CONNECT forums, we have the strong impression that this kind of public private partnership
,university overhead on the public side) and a membership which is company based is very well
received by San Diego area businesses, and tend to overcome some of the inter-city rivalries that
sometimes beset other relationships.
61
~
'1-tf
J
A generic problem with the structure of capital development services was cited by CONNECT
themselves during separate interviews, and was again cited during the groups. The deficiency is
that while CONNECT provides connection to venture capital of $1 million and more, there are
few sources in the range of hundreds of thousands of dollars - a crucial range of assistance for
many start-ups. Neither CDC nor EMTEK fiIl this gap.
One industry-specific shortcoming the of the CONNECT program in particular which was cited
during the groups was alleged by the software companies: that CONNECT is more oriented to
biotechnology industries than to others, and that the software industry suffered as a result. As a
result, the software representatives said, the Software Industry Council had established a new
venture or seed capital group based on the CONNECT model but directed to software specificaliy.
The need for such a fund, they said, was based on the peculiar capital needs of the start-up phase
in the software industry. Most players in the San Diego region with major growth poteiltial, they
said, tend to be small with a few exceptions. Thus they felt that there is a need to nurture start-ups.
(Keep in mind that these industry representatives had successfully started up their own firms which
are still relatively small. One is active in the Software Industry Council. The larger, older
companies may have similar or somewhat different points of view.)
The way to nurture, they felt, was a combination of two efforts:
. Small capital resources provided early in the process of product development to
overcome occasional shore term peak financing needs to finance critical stages of a
development process. For example, ne participant said that HTRC had provided a
useful short term grant to him so that he could pay to utilize the computing capacity at
SRC. Though he felt there might have been more efficient ways to provide him that
capacity (specifically a capital grant to acquire two Pentium systems for his business for
the same amount of money spent on buying time on a one time basis), he appreciated
the 55,000 grant, and felt it had helped him through a crucial development stage.
. Later stage major capital investment to bring product to market. The latter stage
involves system compatibility testing (for which facilities such as SRC are needed) and
marketing.
Software companies noted that SRC was in a difficult situation. The center is currently
underutilized because of it can be expensive to users and it is not well known even in the software
community. Without continued financial earnings, and reinvestment, however, the equipment
now available there would soon become obsolete.
Training
The need for training is strongly related to the targeting process. The training needs of the several
target sectors differ significantly. Start-ups, by definition, are working with entreprene'Jrial talent
and have no significant short term training needs. Larger companies may have training needs, but'
in the target industries they are often in the sciences or engineering, and are thus not matters to be
handled by the ~IC or state employment offices. On the other hand, some manufacturing
enterprises do have specific processes they use, and they do conduct formal technical training for
production staff. Yet most of this training is conducted in-house because the processes are
considered unique and not matters of training which could be handled by others, especially if
recruitment and retention options were limited as a result.
Most of the companies in the focus groups were represented by CEO's or other non- human
resource personnel. Thus the information from the groups on training has to be considered
limited. However, two vice presidents of human resources were present in the tourism group.
62 ~ tjit~
The have both heavy ne2d for service personnel, and a substantial ne2d to train. They both said
that they had tried to use the Employment Training Pane! (ETO of the state, and had found the
program fr;lught with problems. They cited loss of control of curriculum, excessively strict rules
about post-training'employe2 retention, and other factors that disillusioned them. One problem in
~va}uati~g these kin~~ of re!~tionships from the ou~id~ is pr.o~ram proliferation and the acronyms
It gives rISe to. Speclllcally, It was unclear whether m Identlrymg ETP, they might also be refecring
to JTP A administered by the PIC. Asked this, they were not sure.
Regardless of the actual source of their difficulties, the principles they laid down for training as a
result of their shared experience were the important factor:
. The employer ne2ds to control curriculum in consultation with the provider.
. The employer must retain control of the terms of employment after training.
. Training must be high quality .
. These factors are more important than any subsidy that might be granted for
participating in certain training programs.
As a result of their experiences, they both established relationships with SDSU for development of
training programs. These,.they said, were ~ successful. This is another example, then, of an
alliance betwe2n the university system and the private sector which participants said is providing
flexibility and me2ting a ne2d.
Business Planning
Only the smaller firms used business planning services. These came in several varieties.
CONNECT provides coaching in preparation for its investor forums. In one sense this is se2n as a
type of honing of the business plan. BECA provides a business planning service as part of its
incubation process. One incubating company had first be2n through that and then through the
CONNECT preparation process.
Another start-up firm (an individual inventor/entrepreneur) was provided with a business plan by
Booz Allen paid for by HTRC. He felt that relationship had worked very we!l, and that the plan
prepared him for approaching the capitalization process as well as the next stag2 of managing his
embryonic business.
Site Selection
Site selection was not cited as a major problem for the larger and expanding local firms. They did
deal with the EDO's on the matter, but they also have in-house resources and commercial real
estate brokers they work with. On the other hand, for companies establishing new locations in
San Diego, this was a significant matter since they had no local base from which to work. To take
a large and a small one as examples, Latex technologies (a French supplier to Taylor Made Golf
which established a small plant. of twelve employe2s in Carlsbad) and Lego Land (a theme park
offshoot of Lege also in Carlsbad) both used EDO assistance in locating sites. However, in Lege's
case, they also used professional consulting assistance for g2e-demographic analysis to zero in on
marketable sites.. .
Lobbying, and other forms of political and regulatory representation
Views on this like many of the other EDO services, are related to the size of the firm. The largest
firms were interested in the matter. Smaller firms were not unconcerned, but the concern was far
more abstract and distant from their daily businesses. The larg2 firms (again we had only a select
group) tended to say that the current forms of representation were not sufficient to provide the
63 ~ 9;t?
impact they ne~ded. The Chamber, they said, was of some help, but that it was not equipped to
provide the kinds of concentrated influence they ne~ded to obtain alterations of regulations or
le~islation:
.. ~
Other Matters
The process of "handing-off" the developing companies was practiced in very mi~ed ways.
The largest firms reported no problem in making whatever contacts they needed, since they are
sufficiently influential to make contact, at will either directly or through SDEDC or SDEDS. On the
other hand, some smaller companies had little idea of where to turn if they desired to expand
outside of the;r own area. Others small companies, who had very limited contact with an EDO,
were uncertain where to turn at all. As one put it, "We're entrepreneurs. It does not occur to us
that somecne would want to help, or that we could depend on help from someone else."
Yet still others found the handoff rather smooth. These included Lego, which was a highly
celebrated case and was thus easy to "handoff." Similarly, though on a much smaller scale,
tenants of the BECA incubator knew that they would receive whatever help they could utilize, and
that assistance with all kinds of business related services would be available through SECA staff.
Several small firms, however, told us that in their dealings with small area cities they had handled
permit issues, but had never heard of organizations like CONNECT or training at SDSU, or even
about the largest organizations such as SDEDC.
Whatever unified development structure may emerge from this effort, the several layers of players
need to be regularly trained and retained in the types of services each offers, optimal points of
contact, changing roles, and program particulars so that referral can be more uniformly successful
throughout the region.
Conclusion
There are many success stories in the relationships of the San Diego EDO's and their clients.
There are also a number of gaps in communication and ne~ds for further service. The ne~ds of the
larger and smaller players differ considerably as one would expect.
As is true ever'fNhere, the ne~ds of public policy sometimes conflict with business purposes.
Essentially the larger firms seek flexibility and fre~dom from certain constraints of public policy.
This applies to expediting permitting processes, providing predictable and certain time-lines,
unifying hazardous materials codes, and providing negotiating room for fees assessed on
expanding businesses for infrastructure and housing purposes. The desire for greater flexibility
also applies to public programs for training, where some of them appear to seek greater flexibility
in hiring and training than provided by public job training programs.
On the other hand, the smaller firms tend to be less concerned about the barriers they may one
day encounter than about the immediate problems of how to generate growth. Thus they want a
range of developmental assistance which depend upon the kinds of industries they operate in, and
on the;r stage of development. Many, but not all, of these ne~ds can be met be existing
organizations in San Diego. For example, for a border oriented environmental or clean industry
start-up, incubation is possible at BECA. For other kinds of industries, CACT is available. .
However, small scale seed capital funding appears not to be sufficiently available. Nor do the
speci;;1 capital needs of the software industry appear to be met. For those small finms located in the
smaller cities, the chances of being referred to appropriate agencies for assistance appear to be
'very hit and miss. Furthermore, the referral problem is not only geographic. The many EDO
64 ~ 9'~E'
agencies with their many acronyms in the area evoke some confusion and uncertainty among the
companies regarding where to turn.
One source 'of referrals that might supplement existing publidprivate efforlS is trade associations'.
However, it was unclear from the groups whether the local chapters were strong enough - except
in the case of the Software Industry Council - to be of much assistance. This needs to be further
examined.
The needs of the several targeted industry clusters also appear to differ markedly. Thus, while
EDO program unification is a desirable goal, the unique needs of the several target industries
require that program unification not be achieved at the price of lost specialization by industry. For
example, the seed capital needs of software differ markedly from those of the biotech industry.
The needs of the tourism industry (training, temporary staffing sources, joint promotional efforlS)
differ from all the others. Any unification of program will have to recognize these differences and
turn them to a source of organizational energy.
Finally, as in any metropolitan area, it is relatively easy for the largest companies to obtain political
attention to resolving their growth problems. Yet in San Diego, growth appears to depend on the
unusually large numbers of rather small firms. A central challerlge, therefore, of the unified
approach to economic development assistance will therefore be to retain responsiverless to the
largest players while creating more services and clearer, more coordinated pathways for the
smaller firms, using the strong raw material already existing in the more than fifty EDO's now
operating in the region.
65
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Participants in Industry Focus Groups
Electronics Manufacturing
Pre-Incubator Comoanies
Micro Instrume:lt Company
Matsushita Television Company
Hi-Z Technologies
Ge:leral Atomics
SGS Thomson
Colors by GO Mak
Ezra International
M edi callB i 0 tech n 01 ollY
Software
Scripps Research Institute
Ontogen
Depotech
Gryphon Software Corporation
f.dept Computer Solutions
Business Services
T e~et.:ommunications
Spectra Manageme:lt Consultants
San Diego DFC
Pacifica
QUALCOMM
QUA.LCOMM
Interactive Te!esis
Recreational Goods and Aooare!
Tourism
Latex Technologies
Underwater Kinetics
Zoological Society of San Diego
Forte Hote!s
Legoland
Transoortation
Cluster proved too small to assemble group.
66 ~9-?t7
Appendix D. EDO Allies
The following is a list of San Diego EDOs interviewed and the allies they identified.
fQQ
Allies
American Electronics Assn.
Software Industry Council; RT A; EDS
Border Environmental Commerce All iance
Southwest College; RTA; World Trade Center;
California EPA; CACT; City of Chula Vista;
CDC
Building Industry Association
Chamber; SO EDC; Association of Realtors;
Centre City Dev. Corp; SEDC; Chula Vista;
-CONNECT; Dialogue; Software Industry
Council
California Trade & Commerce
CONNECT; San Diego EOC
CDC Small Business Finance Corp.
Banks; San Diego County; City/County
Reinvestment Task Force; East County EDC;
CONNECT; SO mc
HTRC, CONNECT, EDC,
Center for Applied Competitive Technologies
CACT)/ SO Technology Incubator
Centre City Development Corp.
Downtown Partnership
City of Carlsbad
CA Trade and Commerce; Carlsbad Chamber
of Commerce
City of Chula Vista
SBDC-ITC; BECA; SO EDC; Trade and
Commerce
City of Coronado
City of Del Mar
City of Encinitas
SO EDC; Coronado Chamber
Del Mar Chamber
SANDAG; San Diego County; Cities of
Carls bad and Solana Beach (for infrastructure)
City of Escondido
City of Imperial Beach
City of la Mesa
Escondido Chamber; SO EOC; CAl ED
South County EDC; Imperial Beach Chamber
East County EDC
City of lemon Grove
East County EDC; SBDC
67
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City of National City
City of Oceanside
City of Poway
City of San Diego -EDS
City of San Diego - Office of Small
City of San Marcos
,
City of Santee
City of Solana Beach
City of Vista
CONNECT - UCSD
County of San Diego
County EDC
Dig;tal Multimedia Associates
East County EiJC
EmTek Seed Caoital Fund
Software Indust~ Council.
Create- San Diego Chamber of Commerce
HTRC
Industrial Environmental Asaoe.
NRaD-RDT&E Division 011
Otay Mesa Chamber of Commerce
Regional Transporcation Technology Alliance
San Diego Community College District
San Diego Consortium and
Private Industry Council
San Die~o Convention & Visitors Bureau
(Con Vis)
None perceived
~
Oceanside Chamber of Commerce
SO EDC; CAL ED
EDC; Chamber: BECA
BusinessBusiness Improvement District
Councils; Chamber; SBDC
CalState@San Marcos; San Marcos Chamber
through BECA; SO EDC; May join with' other
NorJ1 County cities in referral and
development program coordinatiol).
Solana Beach Chamber
Noru1 County Cities; SaEDC
SO EDC; San Diego Chamber; HTRC
City of San Diego EDS; SO EDC; East
5DSu; County of San Diego; HTRC; CACT
HTRe, CONNECT, San Diego Venture,
COr--;VI5; San Diego EDC
City of San Diego; CONNECT; CACT
Chamber; SO EDC; UCSD-CONNECT;
American Electronics Assn; Rock Producers
5EDC; Chamber; South San Diego County
Development Council
EDS; EiJC; PIC
Chamber; Business Roundtable; SO EDC; State
EDO; Local school districts; UC5D; CONNECT
Chamber; SO EDC; Unified Port District; City of
San Diego (City Manager)
68
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San Diego Dialogue
San Diego EDC
San Diego Regional Technology Alliance
San Diego Unified Port District
SANDAG
SBDC
SDG&E
SDSU - Entrepreneurial Management Center
SDSU Extended Studies
SDSU Foundation,
Defense Conversion. Ce!1ter
Software Resource Ce!1ter
South County EDC
Southeastern EDC
SouthWest Technology Transfer Center
(SWTTQ
Southwestern College SBD and
International Trade Ce!1ter
World Trade Ce!1ter Assn. San Diego
SO EDC; San Diego Chamber; Otay Mesa
Chamber; San Diego EDS; SANDAG; CA
DOT; CONNECT; WTC; Western Maquiladora
Assn.; Ce!1tury 21
San Diego Gas & Electric; City of San Diego;
Chamber
SWTTC; BECA
EDC; WTC; Con Vis; Chamber; Chula Vista;
Imperial Beach; Coronado; Otay Mesa
Chamber of Commerce
Chamber; SO EDC
SO EDC; CA Trade and Commerce
Zinger-Miller
PIC, SAi'.;QAG, San Diego EDS, EDD, EDC
HTRC; Software Industry Council
EDC; Otay Mesa Chamber of Commerce
San Diego City SBDC; EDC; CCDC; BIC; San
Diego State; Realtors
RTA; HTRC; CONNECT
WTC; Incubator Corporation
SO EDS; Port Authority; SO EDC; Chamber; CA
Trade and Commerce; UCSD; Wome!1 in
World Trade; World Affairs Council; Ce!1ter for
International Business and Research (GBR)
69
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Appendix E. Telephone Survey Instrument
70
~9-?r
The'following survey is an important part of an economic development project beina
conducted by Celeste & Sabety Ltd. for Gil Partida, President of the San Diecr~
b
CI- 'Iber of Commerce, and Dan Pegg, CEO of the San Diego Economic Develppment-
CorporatioD,and Kirk Mather of the SanDiego Regional Technology Alliance. The
purpose of the project is to identify better ways to provide economic development
services to companies in the whole San Diego region.
I, First, how would you classify your company's business?
(1) Provides financial or other services to (6) Develop and/or market software
business (7) Recreational Goods and apparel
(2) Defense manufacrurer (8) Telecommunications
(3) Electronics manufacrurer (9) Tourism and entertainment
(4) Environmental products or services (10) Transportation
(5) Health care products/services (I I) Other:
2, Did your company go through an expansion, relocation or another change in the past year or two?
(I) Yes (2) No
.
~. Have you any plans for expansion or relocation within in the San Diego region in the coming two or
three years?
Yes (2) No (3) Not sure
! Expanding companies often need outside assistance in obtaining n~essary permits, fmding sources
of new capital, obtaining training for personnel, business planning assistance, obtaining new
technology, or locating a site. What one organization (other than your attorney, accounting firm,
or bank) would you contact first if you were seeking assistance in the San Diego area with these
kinds of things? [Please name it as specifically as you can. Use the list in question 14 if needed]
5. Does your business employ more than or fewer than 50 persons in the San Diego area?
(1) More [pLEASE SKIP TO QUESTION 6J
(2) Fewer ---> I) Where would you turn first for assis-.ance with the special challenges small businesses
sometimes face when trying to e:wand?
(a) Have you previously heard of the Small Business Development Centers?
I. Yes 2. No --> PLEASE SKIP TO QUESTION 6
(b) Have you had any direct experience with one of these centers?
I. Yes -> Used their services? I. Yes 2. No
2. No
(c) Is it your impression that it could fully se:-ve the needs of your company for this
kind of small business advising?
I). Yes 2. No ~sure?_?.5'
Iiyo~ we:-e advisin~ an ."oandin" business in vour industrv, in the San Diego region, to what organization
would you send them for....
6. ...help in reuuiting new employees? I.
a) What expe:ie:Jce have you had with this organization
I. My company is a me:nber 2. Used their se:vices
2.Not sure
3. Eave just hea.rd of it
b) Is it your impression it could fully se:ve the needs of your own company for recruiting producrion or
service personnel? I) Yes 2) No 3) Not sure
7. ...for training prognms for current personnel or new hires? I.
a) What expde:Jce have you had with this organization
I. Mv corncanv is a rne:nber 2. Used the:: se:vices
- .,
2.Not sure
3. Eave just heard of it
b) Is it your impression it could fully ser-ve the needs of your ov.n company in this area?
1) Yes 2) No 3) Not sure
8. ...for assistance in securing debt or equity c:lpit:ll for a new
or expanding business (org:!1'ization other than a bank)? I.
a) What expe:ie:Jce have you had with this organization
1. My compa.'lY is a me:nbe, 2. Use:: their services
2.Not sure
3. Eave just heard of it
b) Is it your impression it could fully ser-ve the needs of your own company in this area?
I) Yes 2) No 3) Not sure
9. ....for information on and access to sources of commercially
available technology for product developmerlt or R&D? I.
a) V,'hat expe:ie:lce have you had with this organization
I. My compa.'lY is a me:nbe, 2. Used their services
2.Not sure
3. Eave just heard of it
b) Is it your impression it could fully ser-ve the nee.::s of your own company in this area?
I) Yes 2) No 3) Not sure
10. A.nd where would you go for information on and access
to property and buildings for a new site? I.
a) Vihat expe:ie:Jce have you had with this organization
I. My company is a rne:nber 2. Used their services
2.Not sure
3. Eave just heard of it
b) Is it your impression it could fully ser-ve the needs of your own company in this area?
1) Yes 2) No 3) Not sure
Ii. Advice, information'and assistance on developing
your business globally (conducting international trade)? 1.
a) What experie:Jce have you had with this organization?
1. My company is a me:nbe:- 2. Used their services
2.Not sure
3. Have just heard of it
b) Is it your impression it could fully ser-ve the needs of your own company in this area?
1) Yes 2) No 3) Not sure
~ ?-?t
1. 2. Lobbying and othe:- assistance with the legislative or regulatory process to secure favorable
state and fede~al governmental treatment of your industry? I. . 2.Net sure
a) What experience have you had with this organization?
1. My company is a member 2. Used their services 3. Have just heard ofil
b) Is it your impression it could fully serve the needs of your ovm company in this area?
1) Yes 2) No 3) Not sure
13. If you were to expand your ovm business in the next year or two, how important would it be to have assistance
from them in the area of .......
Very Somewhat. Not at all
important important important
(1) Finding new e:nployees? ..................... I .......... 2 .......... 3
(2) Training? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I .......... 2 ..........3
(3) Expediting pe:wits for new or expanded sites? . . . . I .......... 2 .......... 3
(4) Securing new development capital? ... . . . ...... . 1 ..........2 ..........3
(5) OblJlining commercially available technology? . . . . I ..........2 .......... 3
(6) Advice 011 handling inte::national trade matters? . . . I ..........2 ..........3
(7) Changes in s-..ate or F ederallaws or regulations? . . . 1 .:........ 2 .......... 3
(8) OblJlining information on available sites? ........ 1 .......... 2 .......... 3
(9) Having a location with shared facilities for small business like fax, copier,
o m.ces cle::ical assistance, and bilsiness advising? . I .......... 2 .......... 3
14 How much, ifanything, do you k.,ow about the
following org2llizations? Know the He2rd of Had nOI
organization organization he2rd of
& services it bUI not sure it until
provides of ser-rices now
(1) COl'<1'<"ECT.. .. . .. . .. .. . .. .. .. .. .. .. .. ...... .. . .. I .......... 2 ..... . . . . . 3
(2) EMTEK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I ..........2 . . . . . . . . . , 3
(3) Regional Technology Alliance. . . . . . . . " . . . . . .. . . . . . . 1 ..........2 ... . . . . . . . 3
(4) Hig.~ Tech Resource Center . . . . . . . . . . . . . . . . . . . . . . . . . I .......... 2 .......... 3
(5) SaIl Diego Economic Deve!opment Corporation. . . . . . . . . 1 .......... 2 .......... 3
(6) City of San Diego Economic Development Ser-,ices
Departme::tt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 .......... 2 ........ . . 3
(7) SAc~'DAG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 .......... 2 .......... 3
(8) San Diego Consortium and Private Industry Council,. . . . . 1 .......... 2 ..... . . . . . 3
(9) San Diego Chalnber of Commerce ................... I .......... 2 .......... 3
(10) Small Business Development Centers of the San Diego
Chamber of Commerce or Southwest College. . . . . . . . . . . 1 .......... 2 . . . . . . . . . . 3
(11) Califomia Department ofTrade and Commerce.. . . . . . . . 1 ..........2 .... . . . . . . 3
(12) Software Resource Center ...................... . . . . I .......... 2 ..... . . . . . 3
(13) Center for applied Competitive Technologies (CACT) . . . . I ..........2 .......... 3
15. Which ONE ECONOi'vIIC DEVELOPMENT ORGA./lfIZATION in the San Diego region have you
worked with MOST closely or do you know best?
. . ~
>Is your company a member of this orgaruzatlon.
(1) Yes (2) No
16. And, ifnot a member, how de you know them? ~ <9 -77
. 17. .
,A~'1d how wodd you rate their services Ov'ERUL? Did [do] they exced your expectations, did [do] the:,
meet your expectations, or did [do] they fall below your expectations?
(1) Exceeded (2) Met (3) Fell below -> Mainshortcoming?
~
18.
And how would you rate the SPEED OF THEIR RESPONSE?
(I) Exceeded (2) Met (3) Fell below->
/Yfainshortccming?
19. And how would you rate the DEPTH OF EXPERTISE OF THEIR STAFF?
(I) Exceeded (2) Met (3) Fell below -> Mainshortccming?
20. .A_'1d how would you rate the BREADTH OF KNO\VLEDGE A.ND !}''FORMATION?
(1) Exceeded (2) Met (3) Fell below -> Mains.~ortccrning?'
21. And how would you rate the THOROUGlTh'ESS wITt! Wh1CH THEY FOUND. RESOURCES FOR
YOU
(1) Exceeded (2) Met (3) Fell below -> Mains.~ortccming?
22. For each of the follov.ing needs ofan expanding business, I'd like you to rate what you = obtain in the San
Diego region in this reg:rd: Excelle:lt Adequate Not Not
adequate ,we
(I ) Availability of expansion capital ....... I.......... 2........ . . 3 . .. .. . . . .. 8
(2) Tr~ing programs ................... 1 . . . . . . . . .. 2..... . . . .. 3 . . . . . . . . .. 8
(3) Advanced technology. . . . . . . . . . . . . . . .. I . . . . . . . . .. 2. . . . . . . . .. 3 . . . . . . . . .. 8
(d) Business planning assista.'1ce .. .. .. ..... 1.......... 2.. ........ 3.......... 8
(5) Availability of sites with appropriate space and infrascnlcrure
for your type of business ........ I .. .. .. .... 2.......... 3 ... .. .. ... 8
(6) Assisra.'1ce with licensing, zoning, EP A regulations.
permit assistance and so forch .... I . . . . . . . . .. 2.......... 3 . . . . . . . . .. 8
(7) Inte:uarionai business assistance ........ I.......... 2..... . . . .. 3.......... 8
(8) Represe:ltation of San Diego business inte:escs in
SaCranle:lto and Washington? .... I . . . . . . . . .. 2........ .. 3..... . . . .. 8
23. If you we:e really conside:ing an expansion today, would you go fjrs; directly to one of the economic
developme:lt organ.izations we have asked about, or would you go first to an attorney, CPA, real estate broke:.
or othe: outside consultant and have them arrange the contacts?
a. We would first go to:
(I) One of the orgaruzations mentioned above
(2) attorney (3) real estate broke: (4) consulting firm (5) Othe::
b. Would you mind telling us which organization or firm you would most likely contact first?
24. What is the most important barrier to business expansion in 'lour industrY, in San Diego?
25. What is the single most important need which the economic developme:lt organizations need to meet for
growing companies if your industry is to grow and prospe: in San Diego?
~ y::J: 9-'}Y
YOUR BUSI:';ESS PROFILE (for classification purposes only)
26. Tne approximate year your business was founded?
2,. Ooes your business have more than one site?
(I ) Yes -> Is the headquarters in the San Diego area?
(2) No
L Yes
2. No
28. Approximately how many employees you currently have in the San Diego area?
29. What is your primary product or service?
(PLEASE INDICATE TIllS AS SPECIFICALLY AS
POSSIBLE SUCH THAT WE CAN ADD AN SIC CODE)
30. Do you have any significant expansion plans for the coming one, to five years?
(1) No
(2) Yes->
I)
Would that involve adding employees?
I) Yes -> What would the rough nuffibe~ be?
2) No
(a) Would the expansion involve oc::upying a new site?
I) Yes
2) No
THANK YOU VERY MUCH.
PLEASE FAX THIS BACK NO\V TO OUR PROCESSING
CENTER AT
614-224-3350
So we will be able to note your survey as completed, would you write in your name, title,
company name, and, in case we need to clarify anything, the best phone number to reach you? .
Your name
Title:
Company name:
Best number to reach you: _ -
~ 7'/7
7S
Appendix F. Survey Results by Industry Sector and Size of Firm
Industrv Sector
Importance of EDO Services
Be!ow is a series of charts showing how survey participants responded by industry to the
importance of nine different economic development services. The bars on the char.s re?resent the
difference between the average rating of companies within the ten targeted industry sectors from
the average of all cDmpanies surveyed.
Tne eCDnomic development services are shown along the right hand side of the chart while the
center line indicates the mean of the entire sample. Each bar show the difference in ratings
between the respondents of one industry vs. the sample as a whole. Those bars that are shaded
indicate sCDres that were statistically significant or different from the sample as a whole. Bars to the
left of the chart show SCDres where an industry felt the service was "less impor.ant" tharithe
sample as a whole while bars on the right of the center line indicate industry ratings that were
"more important" than the sample as a whole.
Patterns of ratings, either positive or negative, should also be observed. That is whether there was
a pattern of generally "positive" rati ngs with companies feeling it was not as important to rece:ve
assistance (left sice or chart) or IInegative" ratings with companies reporting additional assistance
in certain areas.
The first chart shows ratings for the software companies surveyed. Three shaded bars, ecnployee
training, capitai acquisition, and employee acquisition, show ratings of software cDmpanies that
were significantly different than the sample as a whole. FDr example, software companies
surveyed felt that assistance in employee training was less important than the average Df all
companies surveyed. Howeve:, software companies sur/eyed felt that assistance in acquiring
capital and hiring employees was much more important than other industries, indicating that the
software industry may need additional assistance in looking for capital and new ecnployees.
76 yr1-YP
Importance of EDO Services
Software
Incubation
Site Information
lobbying
International Trade
Permit Expediting
I
~=-
~
~
,
Technology Assistance
Capital Acquisition
Employ~ Training
E:nploye~ Acquisition
I I I I I I
-1.0000 -0.8000 -0.6000 -0.4000 -0.2000 0.??oo 0.2000 0.4000 0.6000 0.8000 1.0000
Importance of EDO Services
Telecommunications
Incubation
Site Information
. . .
-1.0000 -0.8000 -0.6000 -0.4000 -0.2000 0.??oo 0.2000 0.4000 0.6000 0.8000 1.0000
Lobbying
International Trade
Technology Assistance
Capital Acquisition
Permit Expediting
Employ~ Training
Employee Acquisition
~ 9"tf'l
77
Importance of EDO Services
Business and Financial Services
Incubaticn
J
d
Site Information
Lobbying
International Trace
Tec!-lnology Assistance
Capital Acquisition
Pe,mit Expediting
E:nFloy~ Training
E:r.plcyee Acquisition
J
c;
I I I I I ; I I.
-1.0000 -D.8000 -D.6000 -D.4000 -D.2000 O.C<:CO 0.2000 0.400J 0.6000 0.80eO 1.oceo
Importance of EDO Services
Defense Manufacturing
" " .
-1.0000 -D.8000 -D.6000 -D.4000 -D.2000 0.0000 0.2000 0.4000 0.6000 0.8000 1.0000
lr:c..lbation
Site Informaticn
Lobbying
Inte~nationaJ Trade
Te-::,nciogy A.ssistanc2
Capital Acquisition
Pe~it Expediting
E:nplayee Training
E:nplcye<= Ac:::;uisition
78
~ 9,3',,2.
Importance of EDO Services
Electronics Manufacturing
Incubation
Site Information
Lobbying
International Trade
Technology Assistance
Pe""it Exp€diting
Capital Acquisition
Employ"" Training
Employ~ Acquisition
I I I I
-, .0000 -D.8000 -D.6000 -D.4000 -D.1000 0.0000 0.1000 0.4000 0.6000 0.8000 1.0000
Importance of EDO Services
Environmental
Technology Assistance
Capital Acquisition
,~
n _ . ..,-"",_..._____"
~
~
J~
~
InC'ubation
Site Information
Lobbying
International Trade
J I
~
~
,
Pe""it Expediting
Employ"" Training
Employee Acquisition
o
-1.0000 -D.8000 -D.6000 -D.4000 -D.1000 0.??oo 0.1000 0.4000 0.6000 0.8000 1.0000
~ 9'?;J
Importance of EDO Services
Health Care Products and Services
lobbying
~
9,
Incubation
Site Information
Pe:-mit E'<pedting
lnte~national Trade
Te~hnology Assistance
Capital Acquisition
E:nploy"" Tr.ining
E:nploYe2 Acquisition
I I I I I I 'I
-1.OCeO -D.SOOO -D.6000 -D.4DCO -D.20CO 0.0000 02000 O.4DCO 0.6000 O.8OCO 1.0000
Importance of EDO Services
Recreational Goods and Apparel
Lobbying
w
~
~
lnc:.lbation
Site Information
International Trade
Te<:hnology Assistance
I " I I I
-1.0C<:0 -D.SOOO -D.6000 -D.4D00 -D.2000 0.0000 02000 0.4DOO 0.6000 O.BOOO 1.aceo
Capital Acquisition
Permit E.'l:pediting
E:nployee Training
E:nploy~ Acquisition
so
~ ?-?J(
Importance of EDO Services
Tourism and Entertainment
Incubation
Site Information
Lobbying
International Trade
Technology Assistance
Capital Acquisition
Permit Expediting
Employee Training
1
~
Employee Acquisition
.-
.---=-.,.,...r^---.v~
. . .
. ~ ~ ~
,
I I I I .
-1.oeoo .{I.BOoo .{I.6000 -004000 .{I20oo 0.0000 02000 0.4000 0.6000 O.Boo{) 1.0000
Importance of EDO Services
Transportation
I I" I
-1.0000 .{I.BOOO .{I.6000 -0.4000 .{I2000 0.0000 02000 0.4000 0.6000 0.8000 1.0000
~
L-f1
~
c:J
ct
~
CJ
Incubation
Site Information
Lobbying
International Trade
Technology Assistance
Capital Acquisition
Permit Expediting
Employee Training
Employee Acquisition
~ 9-~.5'
P 1
Quality of Economic Development Resources
The following ten charts show how survey participants responded by industry to the quality and
availability of e;ght different economic development resources within San Diego. The bars on the.
charts represent the difference between the average rating of companies within the ten targeted
industry sectors from the average of all companies surveyed.
The economic ceve!opment resources are shown along the left hand side of the chart while the
center line indicates the mean of the entire sample. Each bar show the difference in ratings
between the respondents of one industry vs. the sample as a whole. Those bars that are shaded
indicate scores that were statistically significant or different from the sample as a whole. Bars to the
left of the chart show scores where an industry felt the quality and availability of the service was
"less than average" than the sample as a whole while bars on the right of the center line indicate
industry ratings that were "above the average" of the sample as a whole.
Patterns of ratings, either positive or negative, should also be observed. That is whether there was
a pattern of generally "positive" ratings with companies feeling it was not as important to receive
assistance (left side of chart) or "negative" ratings with companies reporting additional assistance
in certain are~.
The next two charts show ratings for the business services and defense manuracturing companies
surveyed. For example, business service companies surveyed felt that there expansion capital
was generally available while defense manuracturers felt that the availability or international
business assistance was inadequate but assistance in business ac!vocacy and expansion capital
was conside!"ed aC€':iuate.
82
~ ~-tf'"
Lobbying
International Business
Assistance
Pe!'1T1itting Assistance
Business Planning
Assistince
Technology
Training Programs
Expansion Capital
Quality of Economic Development Resources
Business Services
Sites
I I I I J
-1.0000-<).8000-<).6000-<).4000-<).2000 O.CCOO 0.2000 0.4000 0.6000 0.8000 1.CCCO
Lobbying
International Business
Assistance
Permitting Assistance
Sites
Business Planning
Assistance
Techno logy
Training Programs
Expansion Capital
Quality of Economic Development Resources
Defense Manufacturing
-1.0000-0.8000-0.6000-<).4000-<).20000.00000.2000 0.4000 0.6000 0.8000 1.0COO
83
~ 9-&')
Quality of Economic Development Resources
Electronics Manufacturing
~
Lcbbying
Permitting Assista.nce
International Business
A.ssistance
Sites
Busin~s PLanning
Nsistance
Te-:::,noJogy
Training Programs
E."(pans;on Capital
u
I . I I I I I I
-1.0iXJ0-O.8000-O.6oo0-O.4000-02000 0.0000 02OCO 0.4000 0.6000 0.8000 1.0000
Quality of Economic Development Resources
Environmental
lobbying
~
International Business
A..ssis-..ance
,
-1.OGCO-O.8000-O.6000-O.4000-02000 0.= 02OCO 0.4000 0.6000 0.8000 1.0000
Permitting ..A.ssistance
Site;'
Busine::s Planning
A.ssis;:ance
Te<:hnology
Training P;,ograms
E."(Fansicn Capital
84
~ <f-E'r
Lobbying
International Busine~s
Assistance
Permitting Assistanc~
Sjt~
Business. Planning
Assistance
T ...-..hnology
Training Programs
Expansion Capital
Quality of Economic Development Resources
Health Care Products and Services
l
.
-1.0ooo-<J.BooO-<J.60oo-O.4C00-<J.2000 0.0000 0.2000 0.4000 0.6000 O.BOCO 1.0000
Lobbying
International BU5ine~5
Assistance
Permitting A.ssistance
Business Planning
Assistance
T...-..hno!ogy
Training Programs
Expansion Capital
Quality of Economic Development Resources
Software
Site;
,
_1.??oo-0.8000-0.6000-0.4000-0.2000 0.??oo 0.2000 0.4000 0.6000 0.8000 1.0000
85
~ 9-%'(
Quality of Economic Development Resources
Recreational Goods and Apparel
Lobbying
- - ...-
..,:'.~~~~~~
. ..... _._. _ _n _____ ..~_ _ _...-
- I
j
International Business
I\ssis"..ance
- -
--~-.."",.,....,.,,"",..,..
. ~ - -'
- -
- - .
. -
j
Permitting .A..:ssistance
._n __n__ ___
--~~'J
Sites
Business Planning
Assis"..ance
Te-::hnology
~
-
Training P:'ograms
E."(pansion Capital
I I I I I I
_1.00c0-0.8000-D.6000-0.4OOO-02Coa O.CCC<J 02CCG 0.4000 0.6= 0.8= H<:<:O
Quality of Economic Development Resources
Telecommunications
lobbying
~
j I
~
~
Inte!"national Business
,.a...sslstance
Pe;.nitting Assistance
Sites
Busine:s Planning
Assistance
Te-=;,nology
Training Prog!"ams
. ~ NO>. .. ~.N_ ..,--,
"~-7=7"-""'''''?~
-'....~ _, _' ._ _,u_,'u
j
Expansion Capital
,
_1.0000-0.BOOO-D.6000-DAOOO-0.2000 O.ceco 0.2000 0.4000 0.6000 0.8000 1.00cO
86 ~9 -~~
Quality of Economic Development Resources
Tourism and Entertainment:
,
I I I I
-1.0000-0.8000-0.6000-0.4000-0.20000.0000 0.2000 0.4000 0.6000 0.8000 1.00c{J
,
Lobbying
Intemational Busjn~s
Assistance
Permitting .Assistance
Sites
Business Planning
Assistance
Technology
Training Programs
Expansion Capital
Quality of Economic Development Resources
Transportation
Lobbying
~
International Business
Assistance
Permitting AsSistance
-1.0000-0.8000 -0.6000 -0.4000 -0.20000.0000 0.2000 0.4000 0.6000 0.8000 1.0000
Sites
Business Planning
Assistance
T...-..hnology
Training Programs
Expansion CaFital
~ 9,-9/
Size of Firm
The two charts below show the mean scores of the importance of each of the nine EDO service
ratings. Higher scores indicate companies place more importance in this fe3ture.
Large companies are the more interested it is in removing what it pecceives to be governmental
barriecs to growth by having permit assistance, and the less intecested it is in receiving assistance
on mattecs that large firms can handle internally such as training and advanced technology. The
five most important EDO services to large companies are:
. pecmit expediting
. lobbying
. site information
. capital acquisition
. employee training
The smallec the company the more likely it is to be intecested in things it cannot supply internally,
including acquiring employees, international trade advice, acquiring capital, assistance obtaining
advanced technology. The five most important EDO services to small companies are:
. e;nployee acquisition
. lobbying
. intecnational trade
. opital acquisition
. technology assistance
Importance of EDO Services by Size of FIrm
I
\
\
i
!
\
\
\
2
r.Small
\_Medium
c L.an~~
2.5
1.5
O.s
0
~ 00 00 ~ ~ ~ ~ 00 ~ !!
~ .2 ~ .g ~ ~ '" ~ .9 v;
~- '" 0 ~ N ~ '"
o ";; .'" 'a <5 ~ .= ~
c:....= ~ ~ ~ e .9
e '" .= Co ~ .<= N C ~
~ ~ " ~ ~ -< ~ 1;
~ ~ ~ ~
< ~ < >-
~ <:;
0 'E " E !! .E
c.. ~ 'a ~ v;
i ~ ~ :s
88 ~ 9-1;L
The size of a company affects their perception of the quality and availability of economic
development services currently available, Large companies are most concerned with the quality of
lobbying arid assistance with governmental barriers such as permits. Large companies indicate a
need for improvement in:
. lobbying
. permitting assistance
. expansion capital
. international business assistance
. training programs
Expansion capital is at the top of most small companies list of improvements to economic
development services, Improving large picture functions such as international business and
lobbying are also important to small firms, Small companies are most interested in improvements
in:
. expansion capital
. international business assistance
. lobbying
. permitting assistance
. training programs
Quality
of Economic Development
by Size of Firm
Resources
3
2
EI Smail
. Medium
l:! Lar>i:e
25
15
05
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~
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~7 9-1.;1
89
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.
. ATTACHMENT 2
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DATE:
BOARD OF supeRVISORS
-". ::5
1600 PACU"IC HIGHWAY, ROOM 335. SAN DIEGO. CAUlrORNIA '210'1.:2470 . :' '~~. ....L.,
::1:::__,. C-
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November 12, 1996
Board ofSupeNisors
<.n . )>
7;~::-:; 9
SAN DIEGO REGIONAL ECONOMIC DEVELOPMENT STuDY'i?
SUBJECf:
SUMMARY:
Is.sueIReference:
The San Diego Regional TecImology Alliance (SDRTA) recently commissioned the cOllSUlting
group Celeste and Sabety Ltd. to evaluate the tegion's economic development structure and to
propose a mechanism for implementing a .seamless" economic development delivery system
;for the region. The conclusiollD of the Celeste and Sabety study and the method used to obtain
the results have been criticized by several cities and chambel'll of commerce located throughout
the County as well as by Sail. Diego State University profcSSOl'll asked by the San Diego
Regional Technology Alliance to review the study.
Recommendation:
SUPERVISORS JACOB AND HORN
1. Adopt a resolution exp~ the Board of Supervisors' disapproval of the Celeste and
Sabety repon and the manner in which it WIlS developed.
2. Direct the Chief Administrative Officer to draft a letter to be signed by the Chairman of the
Board of Supervisors and transmitted to the Chairperson of the San Diego R.egional
Technology A1liance (SDRTA) asking the SDRTA to postpone further consideration of the
Celeste and Sabety study until the SDRTA concludes its County-wide town hall meetings.
3. Direct the Chief Administnt:tive Of6.cer to appoint the appropriate County personnel to ll.9sist
the SDRTA in compiling a list of other entities to which the Celeste and Sabety report
should be available, including all County chambas of colIlJllerce, 'regional business and
trade organizations, and SllllI!l business owners and to assist the SDRTA in distributing the
report.
FiBc:a.I Impact:
If approved, this request will result in no additional costs or staffYe8fll.
~ '9,9(
BACKGROUND:
In an effort to deliver economic 5efVice5 in San Diego "more efficiently and effectively," the San
Diego Regional Technology Alliance (SORTA) retained the Ohio alllSulting!inn of Cele:;te and
Sabety Ltd. to conduct lL planning study to evaluate San Diego's current cx:onomic development
delive:y System lLnd to reoommend a seamless delivery system. The re:l!Jlts of this study were
immediately criticized by San Diego State University professors ~ by the SDRTA to review
the report This study, and the method used to develop it, were also crjticized by several economic
development organb"hons, c:harnbers of COll1mCrce and local elected officials, who bave expressed
their dissatisfilction with the recommendation ora seamless economic development syst= before
an analysis of the current sysu:m had been completed. Several ofthellc individuals have also
ex]l=ed their concern with the study's identification ofthc San Diego Economic Development
Corporation as the "desired organization" which would act as the onlY,official Regional Economic
Development Organimtion (EDO) in San Diego. This decision was ~e without the consent of
many other regional EDOs which were created to ensure that all County areas '= equally
represented in economic development matters.
Although many partieipants in the Celeste md Sabety study significantly recognized the SDEDC
as a leading EDO in San Diego, this data is eonsidered biased since surveyors rc<:ited the SDEDC
name to participants before asking them to identifY Il1l!ior EDOs of which they were aware.
On October 28, 1996, the County of San Diego Economic Advisory Board (EAB) expressed their
concerns with the study, questioning the appropriateness of the SDKrA's involvement in
conductinglhis study. During their considemtion of this matter, the EAB found that "there was no
specific evidence presented that the SDRTA could provide for the development of a Seamless
Economic Development Delive:y System that is any better than the one which currently Clcists."
During its October 31, 1996 meeting, the San Diego Regional Technology Alliance Board voted to
Connally accept the Celeste and Sabety draft final report. The SDRTABoard also formed a sub-
committee responsible for holding a series of town hall meetings throughout the County to obtain
additional input on the study a1n:ady adopted during its October 31 meeting. The SDRTABoard is
scheduled to meet on November 18, 1996, to receive information froin the sub-committee on the
progress being made during their town hall meetings.
The attached resolution would express the Board of Supervisors' disapproval with the results and
methods used to develop the Celeste and Sabety report. This reque5t would also urge the San
Diego Regional Technology Alliance to postpone furthet" consideration of the study until it
receives and reviews additional input obtained from San Diego economic development
org:ani:zations and other interested parties during its regional town hall meetings and through
County outreach efforts.
We Ul"ge your support
Respectfully Submitted,
../..-
HORN
Supervisor, Fifth District
~
-'
D lACO
Supervisor, Second District
~ '1'9~
Resolution of the Board ofSupeMsors )
disapproving of the draft study of San Diego )
County's economic development system by )
the linn nfCeleste and Sahetv Ud )
On motion of Superviso( Jacob, seconded by Supervisor Hom, the following resolution is
adopted:
WHERAS, the San Diego Regional Technology ~ commissioned Celeste and
Sabety Ltd. to evaluate the economic development structure of the Sap Diego region and to
propose a mechaniam for implementing II seamless economic development delivery- system; and
WHERAS, several County Organi2atiOIlll and individuals, including chamber's of
commerce, trade and business organizations, city officials, university professors, and other
economic development o1'gllJliutions have expressed their dissatisfaction with the results and
method in which this study was developed; and
WHERAB, the Celeste and Sabety study Illlilatemlly designates the San Diego Economic
Development Corporation as the only official Regional Economic Development Organhation
responsible for ensuring that all San Diego County regions are equally represented in economic
development opportunities; and
WHERAS, the Celeste and Sabety study has cx:c1uded any input from II significant
number of Economic Development Organi2ations and interested parties throughout the County
of San Diego;
BE IT :RESOLVED that the Board of Supervisors disapproves of the September 1996
Celeste and Sabety DI'IIfr Final Report. De11t!/opment of A Seamless Economic Development
Delivery System for San Diego, and IlQ!1:3 the San Diego Regional Technology Alliance to allow
for full participation by all regional Economic Development Organ;""";ons and others interested
in the economic development oCthe San Diego region prior to any further consideration
of this matter.
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AN
INVESTMENT IN
THE FUTURE
BOARD OF DIRECTORS
President
C;'ns L.ewls
President Elect
Dave Ward
Vice Presidents:
Pamc:a aames
JeAnne Cayton
Ga.r! Norcs;:rom
Brad 'Niison
Members:
...., : 5arcweil
"'~ Jana
\J11ke Green
Susan t-:erney
Jar. ~jgglns
7":rn McA,narews
=erta MensIk
L:n Moere
5c::tt Mcsiier
;::ccen: o~nner. MO
5en ?ic:1arason
='anK Sccrt
Mary Anne Stro
300 Thomas
Exe!:::..aive Director
;::,00 Da'Jls
ATTACHMENT 4
CHULA VISTA CHAMBER OF COMMERCE
Jm/ll'YU_lI
-
ACCREOITEO
OU'...lI'o'COtO.l~
......... ", OD~~....
......w........".
November 22. 1996
The Honorable Greg Cox
Supervisor County of San Diego
1600 Pacific Coast Highway. Room 335
San Diego, CA 92101
Dear Supervisor Cox:
The Chula Vista Chamber of Commerce has just completed its review cf the
"Development of a Seamless Economic Development System for San Diego". The
following are comments from that review:
My overall feeling was that the premise was inappropriate. There are 18
governmental entities in San Diego County. Each makes its own rules and sets its
own fees. Each is therefore different with different positives and different
negatives. For any group such as the RTA to presume to develop a single unifying
theory is analogous to the Federal Govemment developing a seamless economic
de'/elopment plan for the 50 states. The better premise would have been "San
Diego County: A Model for Economic Cooperation".
Speciiic comments follow:
Page 3- StatisTical inadequacies: Rrst. the study cite", interviews with only 55
economic development organizations when, in fact, there are over 100 Qrganlzations
concerned directly with economic development. In addition, there are 50 Chambers
of Commerce in San Diego County alone. It is worthy of note that the Chula Vista
Chamber of Commerce (Chula Vista is the second larges. and fastest growing city in
San Diego County) was not contacted with regard to this study.
Second, only 25 businesses were used as a focus group and 125 businesses
received phone interviews. There are over 100.000 licensed businesses in San
Diego County. A statistical sample of one tenth of one percent is 3 meaningless
sample.
Third, continuing on page 3 in the third paragraph, there are some assumptions
dealing with trust. One important factor is omitted. Businesses do not trust
govemment, and they do not wish to be involved with or visible to government until
they have made a site decision. If they are moving into an existing buiiding with a
permitted 'Jse, then the contao. they are required to have with government is minimal.
-;-;'e existence and tenor of this report is exemplary of the fallacy of business
needing government to do business. The fact is that those companies that come to
an area looking tor government incentives for relocation have to deal with the
municipality in which they are locating and that will never be seamless.
The concept of coordination to attract business on a regional basis. which is
dismissed out of har1d in this report, is the oniy concept which is viable. The
problem is and has been the failure of the coordinating agencies to coordinate. Look
at other areas and the model is coordination because there will never be centralized
control. The Sacramento Trade Organization (SACTO) the oldest and certainly one
of the better economic development entities should be studied as a mode!.
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Under the heading of San Diego Economic Development Network there is an analysis which,
because it does not discuss the municipal alignment of these organizations, is so flawed as to be
meaningless. The Chula Vista Community Development Department, Economic Development
Commission and Chamber of Commerce are concemed with Chula Vista property and Chula Vista
ordinances; we are not experts on the rest of the county. We do hand off businesses, which we
can not serve or attract, to other economic development entities wiihin the county. There is not
enough money in the world to build a seamless delivery system thai will, with its own assets, do
what we do far our city in all 18 entities of San Diego County.
Page 4- The tenor and thrust of this report exemplify the reasons far mistrust that exist among the
cities of San Diego. For too many years the City of San Diego has financed the vast majority of
outreach programs and has, as a consequence, taken the crap leaving a barren field to be gleaned
by the remaining 17 entities.
Because the sample size was insignificant and because the interview process was flawed, there is
no useful purpose in a further analysis of this report. The conclusion that there is so much mistrust
and that we do not coordinate effectively is right on the money, but it is correctable. The concept of a
seamless delivery system is neither possible nor practical nor frankly is it desirable. We who are
separate cities like it that way. We do need to work together to achieve a balanced coordinated
delivery system. One solution is a truly regional coordinating agency that is govemed by a board
that represents the area (the Senate Model-ane vote per city) not the current model (House
Representatives-based on the amount of money paid into the organization -many votes for the one
and no votes for the many). We stand ready to assist in any constructive way.
Sincerely,
Chula V~amber of Commerce
~~::
/.>t:A-J'7~
Roaenck F. Davis
/ Executive Director
RFD:ce
co: County Board of Supervisors
Mayor Shirley Horton & Members of the City Councii
South County Economic Development Council
National City Chamber of Commerce
Coronado Chamber of Commerce
ImperiaJ Beach Chamber of Commerca
Otay Mesa Chamber of Commerce
San Ysidro Chamber of Commerca
John Goss, Chula Vista City Manager
City of Chuia Vista Economic Development Commission
Commissioners San Diego Unified Port District
~ ~ -?~
COUNCIL AGENDA STATEMENT
Item / tt/
Meeting Date: 12/10/96
/ '8'.515'
ITEM TITLE: Resolution Approving the Second Amendment to the Agreement with Calgis,
Inc. for a GIS Based Traffic Accident Record System and Authorizing the Mayor to Execute
the Amendment
SUBMITTED BY: Director of Public Works V
REVIEWED BY: City Manager J1 bw-~ (4/5 Vote: Yes_ No-X.J
On November 7, 1995, by Resolution No. 180~, Co~il approved an agreement with Calgis, Inc. to develop and
install a GIS based traffic accident record system with a completion date of June 30, 1996. On June 18, 1996, by
Resolution No. 18343, Council approved a time extension to the original completion date of June 30, 1996 to a
revised completion date of December 31, 1996. Because of unforeseen complexities in developing the GIS based
system, the agreement requires an additional contract amendment for a three month time extension to allow sufficient
time for completion of the scope of work on the project.
RECOMMENDATION: That Council approve the second amendment for a three month time extension to the
agreement with Calgis, Inc. for a revised completion date to until March 31, 1997 and authorize the Mayor to
execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On November 7, 1995, the City Council approved Agreement Number C095-221 with Calgis, Inc. (Calgis) for the
development and installation of a GIS based Traffic Accident Record System (Exhibit I). The project is funded
through a grant from the State of California Office of Traffic Safety. It is a multi-phased project that involves
definition, design, development, installation, and testing of a GIS based software system and installation of computer
hardware for maintenance of the City's traffic accident records. The project was added in November 1994 to the
City's Capital Improvement Program budget as Project TF231- Accident Record System.
Calgis has completed the first two phases of work, system definition and system design. Currently, the project is
in the system development phase. Other remaining phases to be completed are as follows:
. system support development,
. system installation,
. system evaluation, and
. final report preparation.
The original contract required all phases of work to be completed by June 30, 1996. This specified time frame was
due to project management aspects, but was not critical to the City as is the time frame specified for construction
contracts. The time frames were also dependent upon staff"s ability to provide information and/or respond.
Therefore, there were no liquidated damages associated with this contract. Because of administrative delays in issuing
the notice to proceed, staff requested and received a project extension through December 31, 1996 from the Office
of Traffic Safety. This time extension was also approved by Council by Resolution No. 18343 on June 18, 1996
(Exhibit 2).
As the system definition and design phases progressed, it became evident that, due to the complexities of a GIS based
accident record system with graphical capabilities, these phases would take much longer to complete than had been
previously anticipated. Both the system definition and design documents for the City's project underwent several
iterations of review and revision instead of the single revision/comment process the consultant had experienced in
/&)
Page 2, Item
Meeting Date: 12/10/96
previous projects. In addition, staff requested legitimate system functionality changes that were not foreseen during
the project proposal stage. Although Calgis was receptive to accommodating said changes, this required modification
or replacement of functions which Calgis had previously developed and intended to use in the City project. Calgis
staff notified the City that for these reasons, the current schedule can no longer be met without sacrificing system
functionality.
In order to maintain the core functionality of the system, staff requested and obtained a project time extension of
three months from the State Office of Traffic Safety (Exhibit 3). Therefore, extension of the agreement to March
31, 1997 (to coincide with the new completion date approved by OTS) is required for this project. The consultant
has agreed that there will be no changes to the scope of the work or to the amount ($38,645) of this fixed fee
agreement.
Staff has revised Article 6-Completion Date of the contract under Portion of Work and Time Frame and the date of
completion to reflect new dates. Staff has also included a statement that allows the City Engineer to extend the dates
of deliverables andlor completion date if approved in writing (Exhibit 4).
FISCAL IMPACT:
Upon project approval by the OTS, federal grant funds in the amount of $56,750 were approved for this project.
Upon completion of the project, 100% of the project's Consultant and hardware costs will be reimbursed to the City
by OTS from these federal funds. A total of $12,253.78 has been paid to date by the City and reimbursed by the
State for consultant services and hardware. The City's staff time costs for the project, which include administration,
coordination and project evaluation, were estimated to be $15,000. This staff time was proposed to be part of the
normal staff services included in the Traffic Engineering operating budget. These staff time costs are not
reimbursable by the State under the OTS grant for the project. On-going staff costs for operation and maintenance
of the new system will be part of the normal staff services included in the Traffic Engineering operating budget.
Attachment:
Exhibit I-Agreement C095-22l with Calgis, Inc.
Exhibit 2-Copy of Agenda Statement approving first time extension
Exhibit 3-0ffice of Traffic Safety approval of time extension
Exhibit 4-Revised Article 6-Completion Date of Calgis contract
File: 0735-10- TF231
0760-95-CY029
M:\HOMEIENGINEERIAGENDA\CALGISJ.EAF
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1~515"
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO
THE AGREEMENT WITH CALGIS, INC. FOR A GIS
BASED TRAFFIC ACCIDENT RECORD SYSTEM, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT
WHEREAS, on November 7, 1995, by Resolution No. 18093,
the city Council approved an agreement with Calgis, Inc. for the
development of a GIS based Traffic Accident Record System which
will expire on June 30, 1996; and
WHEREAS,
Council approved a
June 30, 1996 to a
and
on June 18, 1996, by Resolution No. 18343,
time extension to the original completion of
revised completion date of December 31, 1996;
WHEREAS, because of unforeseen complexities in developing
the GIS based system, the agreement requires an additional three
month time extension to allow sufficient time for completion of the
scope of work in the project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve the Second Amendment to the
Agreement with Calgis, Inc. for a GIS based Traffic Accident Record
System for a revised completion date to and until March 31, 1997,
a copy of which is on file in the office of the city Clerk as
Documents No.
BE
Chula vista
Amendment on
IT FURTHER RESOLVED that the Mayor of the City of
is hereby authorized and directed to execute said
behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt, Director
of Public Works
n M. Kaheny,
ttorney
C:\rs\calgis.1st
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Agreement between
City of Chula Vista
and
Calgis, :Inc.
for a G.l.S. Based Traffic Accident Record System
Agreement Number
THIS AGREEMENT, made and entered into this 7-:1i day of
November, 1995, in the City of Chula Vista, County of San Diego,
state of California, is by and between the City of Chula Vista
(City), ~ municipal Chartered corporation of the State of
California, through its duly elected or appointed, qualified and
acting Deputy Public Works Oirector/City Engineer (Administrator),
and Calgis,. Inc. (Consultant), a Corporation, whose place of
business and telephone numbers are set forth on Exhibit A,
Paragraph 6.
This Agreement, dated .'. ~~/1~ for the purposes of
reference only, and effective as of the date last executed unless
another date is otherwise specified in Exhibit A, Paragraph 1 is
made with reference to the following facts:
Recitals
Whereas, the City of Chula Vista has advertised for Request
For Proposals for a consultant to develop a G.I.S. Based Traffic
Accident Record System under a grant from the State of California,
Office of Traffic Safety (OTS); and,
Whereas, after having received and reviewed Proposals from
eight (8) licensed firms, qualified to provide such services, the
City of Chula Vista has chosen, and OTS has approved, Calgis, Inc.
as the most qualified and desirable firm with which to enter into
agreement with to fulfill the requireme~ts of this contract; and,
Whereas, the Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the products and services required of the
Consultant to the Administrator within the time frames herein
provided all in accordance with the terms and conditions of this
Agreement;
NOW, THEREFORE, BE :IT RESOLVED that the Adminhtrator and the
Consultant do hereby mutually agree that the Consultant for and in
consideration of the covenants, conditions, agreements, and
stipulations of the Administrator herein expressed, does hereby
agree to furnish to the Administrator services and materials, as
follows:
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Article 1 - st~tement of Work/Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of ~ork and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services as
described in Exhibit A, Paragraph a, entitled "Scope of Work and
Schedule", not inconsistent with the General Duties, accorl!ing to,
and within the time frames set forth in Exhibit A, Paragraph a, and
deliver to the City such Deliverables as are identified in Exhibit
A, Paragraph a, within the time frames 'set forth therein, time
being of the essence of this agreement. . The General Duties and the
work'and deliverables required in the Scope of Work and Schedule
shall be herein referred to as "Defined Services". Failure to
complete the Defined Services by the .times indicated does not,
except at the option of the City, operate to terminate this
Agreement.
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C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and
Consultant agree.to meet in good faith and confer for the purpose
of negotiating a 'corresponding reduction in the compensation
associated with said reduction.
D. Additional.Services
In addition to performing the Defined Services. herein set
forth, City may require Consultant to perform additional consulting
services rel~ted to the Defined Services ("Additional,services"),
.and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basi's at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph l' (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
Such Additional Services, if they are to be funded under grant
from the OTS, shall be approved by the OTS prior to the Consultant
receiving a Notice to Proceed from the City for the performance of
such Additional Services.
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E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar situations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages; in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
statutory Worker's Compensation
Liabili ty Insurance coverage in the
attached Exhibit A, Paragraph 9.
Insurance and Employer's
amount set forth in the
Commercial General- Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph - 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names the City and Applicant as an Additional Insured; and which is
primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City and
Applicant in the same manner as members of the general public
("Cross-Liability Coverage").
Errors and Omissions Insurance, in the amount set forth in Exhibit
A, Paragraph 9, unless Errors and Omissions coverage is included in
the General Liability PoliCY.
G.
Proof of Insurance Coverage
. ,
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required un4er this
Agreement, by delivery of Certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross-Liability Coverage ~equired under
Consultant's Commercial General Liability Insurance Policy,
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Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1 ) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the
need for Consultant to provide a Performance Bond (indicated by a
check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form
.and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the Space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 19, indicates the
need for Consultant to provide a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the
City at their unfettered discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is
in breach of the terms of this Agreement. The Letter of Credit
shall be issued by a bank, and be in a form and amount satiSfactory
to the Risk Manager or City Attorney which amount is indicated in
the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
(3) Other Securitv
In the event that Exhibit A,.Paragraph 19, indicates the need
. for Consultant to provide security other than a Performance Bond or
a Letter of Credit (indicated by a check mark in the p'~enthetical
space immediately preceding the SUbparagraph entitled "Other
Security"), then Consultant shall provide to the City such other
security therein listed in a form and amount satisfactory to the
Risk Manager or City Attorney which type and amount is indicated in
the spaces beneath the term, "Other Security", in said PAragrAph
19, Exhibit A.
I. Business License
.
Consultant agrees to obtain a business license from the City
for each calendar year that the Consultant performs work for the
City and/or performs work within the City limits and to otherwise
comply with Title 5 of the ChulaVista Municipal Code. Consultant
shall pay.the City's Business License Tax ($10S/year) as part of
obtaining the required business license.
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Article 2 - Proiect Costs
Pursuant to satisfactory completion of this Agreement, a
single fixed fee. payment of $ 38.645 (which includes all
expenses incurred by the Consultant) will be ~ade to the
Consultant.
The above single fixed fee paymen~ for satisfactory
performance, includes salary, fringe benefits, overhead, profit and
all other expenses incurred by the Consultant.
Article 3 - Cost Limitation
Total expenditures ~ade under this cont~act ahall in no case
exceed the sum of $ 38.645 .
Article 4 - Method of pavment
A. The Consultant will be compensated for performance of the
Defined Services herein described as are allowabl,e under the
provisions of Part 1-15 of the Federal Procurement Regulations.
B. Consultant shall be reimbursed as provided in Exhibit A,
Paragraph 11 in arrears. Consultant shall submit all invoices in
triplicate and addressed to the Administrator.
C. The Administrator shall retain ten percent of the
billings, which retention shall be paid to the Consultant together
with the final payment, upon acceptance by the Administrator and
the California Office .of Traffic Safety of the satisfactory Final
Report.
D. Compensation - Opon receipt of a properly prepared
billing from Consultant submitted to the City periodically as
indicated in Exhibit A, Paragraph 18, but in no event more
frequently than ~onthly, on the day .of the period 'indicated in
Exhibit A, Paragraph 18, City shall compensate Consultant for all
services rendered by Consultant according to the. terms and
conditions set forth in Exhibit A, Paragraph 11, adjacent to the
governing compensation relationship indicated by a "checlcmark" next
to the appropriate arrangement, aubject to the requirements for
retention set forth in Article 4, Paragraph C, and in Exhibit A,
Paragraph 19, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amount due and payable thereunder ia proper,
and shall speCifically contain the City'a account number indicated
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on Exhibit A, Paragraph 1 B (e) to be charged upon making such
payoent.
Article 5 - Subcontractinq
Consultant shall not be permitted to subcontract any portion
of this Contract without the express written consent of the City
and the OTS.
Article 6 - Completion Date
Consultant shall complete the following portions of the work
within the following time frames from the issuance by the City of
a "Notice to Proceed" for this project:
Porti on of Work
Time Frame
1 .
2.
3.
4.
5.
6.
7.
System Definition
System Design
System Development
System Support Development
System Evaluation
System Installation
Final Report Preparation
1 month
2 months
4 months
5 months
5 1/2 months
6 months
7 months
This Agreement shall terminate when the Parties-have complied
with all executory provisions hereof, and in no case after the date
of June 30, 1996 .
Article 7 - Reports
Consultant shall furnish interim reports quarterly as to the
. progress of the project or upon demand by the City or the OTS. A
Final Report in draft form shall be provided to the City and the
OTS thirty (30) days prior to contract termination'tor review,
recommendations and approval by both parties prior to the
Consultant furnishing twelve (12) printed copies of the approved
final report. The approved Final Report is due to OTS thirty days
after project completion. Costs incidental to the r~port' B
preparation or delivery that are incurred subsequent -to the
termination date of the project are not allowable.
For any report or document that the Consultant prepares or
participates in the preparation of in performing the Defined
Services, Consultant shall include, or cause the inclusion of, in
said report or document, a statement of the numbers and cost in
dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
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Article B - Public~tion
A. C<:msul tant shall not be authorized to copyright the final
report, any papers, interim reports, forms, or other material which
is a part of the work under the Agreement, without written approval
from the City and the OTS.
B. Publication rights to any documents produced are to be
reserved to the City and the 0'1'5. Oral and written releases of
. information are subject to prior written approval of the
Administrator and 0'1'5.
C. All reports published by the Consultant shall contain the
following statement on the credit sheet: "The opinions, findings,
and conclusions expressed in this publicl!.tion are those of the
authors and not necessarily those of the Office of Traffic Safety,
the National Highway Traffic Safety Administration, the Federal
Highway Administration or the City of Chula Vistl!.."
D. Both written and oral releases are considered to be
within the context of publicl!.tion. However, there is no intention
to limit discussion of the project with small technicl!.l qroups or
lectures to. employees or students. Lectures to other groups which
describe the project but disclose neither data nor results are
permissible without advance written approval.
E. All reports shall contain the following credit line: "In
cooperation with the state of Californil!., Business, Trl!.nsportl!.tion
and Housing Agency, Office of Traffic Safety, the U.S. Department
of '1'rl!.nsportation, National Highway Traffic Safety Administration
and Federal Highway Administration."
Article 9 - Proiect Inspection
The Office of Traffic Safety, the Nl!.tional Highway Traffic
Safety Administration, the Federal Highway Administration, and the
Administrator may review and inspect the Consultant's activities as
to this contract during the progress of the project.
Article 10 - Accountina Records
Consul tant must maintain accounting records and other evidence
pertaining to costs incurred. All records and documents shall be
kept available at the Consultant's California office during the
Contract period and thereafter for three years from the date of
final payment of Federal funds.
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Article " - ~~ership of D~t~, Reproduction and Use of Material
All reports, studies, information, data, maps, statistics,
forms, designs, plans, procedures, systems and any other materials
or properties produced, collected, created or prepared under this
Agreement shall become the joint property of the City and the OTS.
No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or
patent rights by Consultant in the United states or in any .other
country without the express written consent of the City and the
OTS. City and the OTS shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, .any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement.
Article 12 - Warranty
Consultant warrants that the software programs for the GIS Based
Traffic Accident Record System will function as intended and
described in the Detailed Scope of Work (Exhibit B). This warranty
shall be effective for one year from the acceptance of the project
by the City.
Article 13 - Termination o~ Aareement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's Obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving writte~ notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
,termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and otner materials
prepared by Consultant shall, at the option of the City' and the
OTS, become the jOint property of the City and the OTS, and
Consultant shall be entitled to receive just and equitable
compensation for any work satisfactorily comp~eted on such
documents and other materials up to the effective date of Notice of
Termination, not to exceed the amounts payable hereunder, and less
any damages caused City by Consultant's breach.
Article 14 - Termination of Aareement for Convenience of city
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at .least
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thi"ty (30) days befo"e the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City
and the OTS, become the joint property of the City and the OTS. If
the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just. and equitable
compensation for any satisfactory work completed on such documents
and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages
or compensation arising under this Agreement except as set forth
herein.
Article 15 - Assiqnabilitv
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without the prior written consent of the City and the
OTS, which the City and the OTS may not unreasonably deny. City
hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph l' to the
subconsultants identified thereat as "Permitted Subconsultants".
Article 16 - Amendment
~t is mutually understood and agreed that no alteration or
variation of the terms of this Agreement, or any subcontract
requiring the approval of the Administrator and/or the Office of
Traffic Safety, shall be valid unless made in writing, signed by
the parties hereto, and approved by all necessary parties.
Article l' - Non-Solicitation Clause
: liThe Consultant warrants that he/she has not. ~mployed or
retained any company or persons, other than a bona fide employee
working solely for the Consultant, or paid any fee, commission,
percentage, brokerage fee, gifts, or any other consideration,
contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the state
shall have the right to annul this Agreement without liability, or,
in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee,
cOllUUission, percentage, brokerage fee, gift,. or contingent fee."
Article 16 - Equal opportunitv Assurance
During the performance of this Agreement, the Consultant
agrees as'follows:
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A. The Consultant will not discriminate against any employee
or applicant for employment because of race, sex, creed, color or
national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, sex, creed, color
or national origin. Such action shall include, but not be limited
to the following: employment, upgrading, demotion or transfer;.
recruitment or recruitment advertising; layoffs or termination;
rates of payor other forms of compensation; and selection for
training, including apprenticeship. The Consultant agrees to post
in conspicuous places, .available to employees and applicants for
employment, notices setting forth the provisions of this
nondiscrimination clause.
B. The Consultant will, in all solicitations or
advertisements for employees placed by or on behalf of the
Consultant, state that all qualified applicants. will receive
consideration for employment without regard to race, sex, creed,
color or national origin.
C. The Consultant will send to each labor union or
representative of workers with which he/she has a collective
bargaining agreement or contract or understanding, a notice
advising the labor union or worker's representative of the
Consultant's commitments under this nondiscrimination clause and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
D. The Consultant will permit access to books, records and
accounts by the applicant agency, the State, the Federal Highway
Administration and/or the National Highway Traffic Safety
Administration for purposes of investigation to ascertain
compliance with this nondiscrimination clause.
E. In the event of the'Consultant's noncompliance with the
nondiscrimination clauses of this Agreement, this Agreement may be
canceled, terminated or suspended-in whole or in parE:
Article 19 - Minoritv. Women and Disabled Veterans Business
Enterorise Proqram (M/W/DVBEI
During the performance of. this Agreement, the Consultant
agrees to insure that minority, disabled and women business
enterprises'as defined in 49 CFR Part 23 and California Code of
Regulations, Title 2 shall have the maximum opportunity to
participate in its performance. The Consultant will take all
necessary and reasonable steps in accordance with these regulations
to insure that M/W/DVBE'S have the maximum opportunity to compete
for and perform any subcontracts for materials, services or
supplies procured under this Agreement.
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A"ticle 20 - Drua-Free Workplace Certification
During the performance of this Agreement, the Consultant
agrees to provide a drug-free workplace as outlined in the
Government Code Section 8355 by:
A. Publishing a statement notifying employees that company
policy prohibits the unlawful manufacture, distribution,
dispensation, possession, .or use of a controlled substance, and
defining actions to be taken for violation of the policy.
B. Establishing a drug-free awareness program to inform
employees about the dangers of drug abuse in the workplace, the
organization's policy of maintaining a drug-free workplace, any
available counseling, rehabilitation and employee assistance
programs and penalties that may be imposed upon employees for drug
abuse violations.
C. Providing that every employee who works on the proposed
contract will receive a copy of the company's drug-free policy
statement and requiring that these employees agree to abide by the
terms of the company's statement as a condition of employment on
the contract. -
Article 21 - Consultation and Cooperation
The City shall regularly consult the Consultant for the
purpose of reviewing the progress of the Defined Services and
Schedule therein contained, and to provide direction and guidance
to achieve the object! ves of this agreement. The City shall permit
access to its office facilities, files, and records by Consultant
throughout the term of the Agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond
30 days after authorization to proceed, shall const~tFte a basis
for the justifiable delay in the Consultant's performance of this
Agreement.
Article 22 - Administration of Contract
Each party designates -the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, .a said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this Agreement.
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Article 23 - Liauidated Damaoes
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence
in the completion of this Agreement. It is difficult to estimate
th~ amount of damages resulting from delay in performance. The
parties have used their judgement to arrive at a.reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted
time. period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the Consultant shall pay to the City, or
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the Consultant'. control,
other than delays caused by the City, shall be requested in writing
to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions. of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
Article 24 - Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If the Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC Filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic int~r,ests to the
City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A,
or if none are specified, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way at,tempt to use Consultant'. position to influence a.
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
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C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgate~ by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this Agreement.
D. Promise Not to Acquire Conf~icting Interests
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the
term. of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result in
a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which
may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
("Prohibited Interest"), other than :as listed in' "Exhibit A,
Paragraph 15.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant's
Associates in connection with Consultant I 8 performance of this
Agreement. Consultant promises to advise City of any such promise
that may be made during the Term of this Agreement, Dr for 12
months thereafter. .
Consultant agrees that Consultant Associates ahall not acquire
any such Prohibited Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement, except with
the written permission of the City.
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Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of the City.
Article 25 - Hold H~rmless
Consultant shall ~efend, indemnify, protect and hol~ ha~less
the City of Chula Vista, its elected and appointed officers and
employees, from and against all claims for ~amages, liability, cost
and expense (including without limitation attorney's fees) arising
out of the conduct of the Consultant, or any agent Or employee,
subcontractors, or others in connection with the execution of the
work covered by this Agreement, except only for those claims
arising from the sole negligence or .sole willful miscon~uct of the
City, its officers, or employees. Consultant's in~emnification
shall include any an.d all costs, expenses, attorney's fees and
liability incurred by the City, its officers, agents, or employees
in oefending against such claims, whether the same procee~ to
judgement or not. Further, Consultant at its own expense shall,
upon written request by the City, defend any. such suit or action
brought against the City, its officers, agents, or employees.
Consultant's indemnification of City shall not be limited by any
prior or subsequent declaration by the Consultant.
Article 26 - Errors and Omissions
In the event that the City Administrator determines that the
Consultant's negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional
expenses incurred by the Ci ty. Nothing herein is interide~ to 11mi t
the City's rights under other provisions of this agreement.
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Article 27 - Independent Contractor
City is interested only in the results obtaine~ an~ Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services require~ un~er this
Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant an~ any of the Consultant's
agents, employees or representatives are, for all purposes un~er
this Agreement, an independent contractor an~ ahall not be deemed
to be an employee of City, and none of them ahall be entitled to
any benefits to which City employees are entitled including but not
limite~ to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City
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will not withhold state or federal income tax, social security tax
or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City
harmless with regard thereto.
Article 28 - ~dministrative Claims Reouirements and Procedures
No suit or arbitration shall be brought arising out of this
~greement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Upon request by Ci ty, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this ~greement.
Article 29 - Attornev's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of
the claim, including costs and attorney's fees.
Article 3D - Miscellaneous
A. Consultant not Authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
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B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the state
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons. .
C. Notices
All notices, demands or requests provided for or permitted to
be given' pursuant to this Agreement must be iri writing. All
notices, demands and requests to be sent to any' party shall be
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deemed to have been properly given or served if personally served
or deposited in the Unit~d states mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating ~o the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in the County of San Diego,
State of California, and if applicable, the City of Chula Vista, or
as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
G. Consultant subject to OTS Grant Program Manual (Vol. II).
Consul tant understands and agrees that i ts obligat~ons, rights
and duties under this agreement are further SUbject to any
requirements that may be imposed upon the project or the City, or
both, by the OTS Grant Program Manual (Volume II).
[End of Page. Next Page is Signature Page.]
)Yf/&,17
Signature Page
to .
Agreement between City of Chula Vista and Calgis, Inc.
for a GIS Based Traffic Accident Record System
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated :;10~I'1REI.' '7.19.1?'"'
-
City of Chula Vista
By:
A/w}m/ )Ir;,Lru
~Shi;~y Horton, Mayor
~: .
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Beverly ~uthelet,/ ity Clerk
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ilruce
Attorney
Dated:
Calgis, Inc.
By:
By:
Exhibit List to Agreement
(xl Exhibit'A
(xl Exhibit B:
(xl Exhibit C:
Detailed Scope of Work
Cost/PriceProposal
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Exhibit A
to
Agreement between
City of Chula Vista
and
Calgis, Inc.
1. Effective Date of Agreement:
2. City-Related Entity:'
(x) City of Chula Vista, a municipal ~harted
corporation of the state of California ("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Consultant:
Calgis, Inc.
5. Business Form of Consultant:
(x) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1477 E. Shaw Ave., Suite 110
Fresno, California 93710
Phone: (209) 298-1816
Fax: (209) 298-1815
7. General Duties:
Consultant shall furnish all services as required to provide
.a fully functional GIS based and IBM PC/Windows compatible Traffic
Accident Record/Road Register computer .system. Services provided
shall, in general, consist of the following:
System Definition
Consultant shall collect and analyze information necessary to
define the functional requirements of the proposed system. -
Consultant shall develop a detailed description of the
proposed system (software and procedures) which i. adequate for the
system design and shall produce a System Definition Document and a
Detailed Project Schedule which meet with the City'. approval.
Said proposed system shall include user friendly features and time
saving features which fully utilize the capabilities of ArcView/2.
Examples of these types of features are as.follows:
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The ability to graphically display a location (at a preset
scale) and/or to automatically zoom/pan to that area of the
map by typing in the name of the location (intersection,
segment, street etc.) instead of repeatedly panning and
zooming on a map of the City.
The ability to zoom in/out on an area and to pan across an
area displayed graphically.
The ability to jump to a part of a list.(for example, a street
name list) by typing in the first letters or number of the
name instead of scrolling through the entire list.
Consultant shall provide the City with specifications and
costs for computer hardware and peripherals (including printers,
plotters and other necessary output devices) required for the
operation of the proposed system. Examples of graphic and text
output for printers and plotters considered adequate by the
Consultant for the system proposed shall be submitted as part of
the hardware specifications provided.
Approximately ten percent of the Consultant's efforts shall be
expended on these tasks. ($3,000)
System Desion
Consultant shall design the data base, develop detailed
program schematics for the proposed system, develop user interfaces
and produce the f~nal detailed design for all software programs for
coding. Consultant shall spend approximately fifteen percent of
their time on this task. ($6,0001
Svstem Development
Consul tant shall write the source code for all required
programs for the proposed system. Consultant shall test and debug
the software to insure that all objectives establi,l)ed for the
system are met. Consultant shall deliver the completed software
system to the City, including ArcView/2 and all other software and
any necessary licenses required for interface with the Ci.ty' s
existing GIS system and for the proposed accident record system to
function as intended. Costs for all necessary licenses for the
operation of the system shall be included in the total compensation
for this project and no additional compensation shall be due from
the City for these items. Consultant shall spend approximately
forty percent of their effort on this portion of the work.
($14,000) , .
System Support Development
Consultant shall produce and provide comprehensive
documentation for the accident record system software provided.
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Consultant shall also provide all documentation (manuals,
warranties, etc.) for all other software provided for this project.
Consultant shall perform extended certification testing of all
functions within the application software, documenting test results
and making any necessary modifications to the source code required
for the system to function as intended. .
Approximately fifteen percent of the Consultant's efforts
shall be expended on these tasks. ($6,000)
System Evaluation and Translation of Existina Data
Consultant shall convert the most current copy of the City's
existing Collision History and Road Register computer database
files over to function within the City's GIS attribute database.
Consultant shall resolve all problems encountered during the data
translation to the City's satisfaction.
Consultant shall perform on-site testing of the application
software and database files to insure that the system functions as
intended. Consultant shall evaluate the system's performance and
software and shall provide said evaluation to the City as part of
the project final report.
Approximately ten percent of the Consultant's efforts shall be
expended on these tasks. ($3,000)
System Installation
Consultant shall complete all aspects of the system
installation and shall insure that the entire system functions as
intended. Consultant shall provide on-site training for City staff
in all phases of the operation of the system. Consultant shall
prepare a project final report. Said final report shall satisfy
all requirements for format and content as contained in the latest
~ersion of the OTS Grant Program Manual.
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In addition to the installed system, Consultant shall deliver one
backup copy of the complete software system (excluding ArcView/2)
and system documentation to the City. Consultant shall also
provide one copy of the complete software system (excluding
ArcView/2) and system documentation for forwarding to OTS with the
approved Final Report.
. .
The remaining approximately ten percent of the Consultant's efforts
shall be expended on these tasks. ($3,000)
B. Scope of Work and Schedule:
A. Detailed Scope of Work: As defined in Exhibit B.
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B. Date for Co~~encement of Consultant Services:
(x) Same as Effective Date.of Agreement
( ) Other:
C. General Schedule Time Limits (from issuance by the City of
a Notice to Proceed for this project) for Delivery of
Each of the Following Deliverables:
~verable
Time Limti.
1. System Definition Document,
Detailed Project Schedule
and Hardware Specifications
2. Complete Accident Record System
Software Package, including
ArcView/2 Software
3. Complete Software Documentation
4. Interim Reports
1 month
5 months
5. Final Report
6 months
Quarterly (or on
demand by the City
or the OTS)
7 months
The Detailed Project Schedule provided as part of Deliverable
Number 1 shall be in general accordance with the General
Schedule Time Lines provided herein.
D. Date for completion of all Consultant services:
June 30. 1996
9. Insurance Requirements:
(x) Statutory Worker's Compensation Insurance
(x) Employer's Liability Insurance coverage: $1,000,000.
(x) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions Insurance: None Required (included
in Commercial General Liability coverage).
(x) Errors and Omissions Insurance: $500,000 (not included
in Commercial General Liability coverage).
10. Materials Required to be supplied by City to Consultant:
The City will furnish the Consultant, upon request and to the
extent that it is available, information on the City's existing
Accident Record/Road Register System and database, and the data
dictionary of the GIS street base mAp.
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'1. Compensation:
A. (x) Single Fixed Fee Arrangement.
City agrees to compensate Consultant as per Exhibit C for
performance of all defined services by Consultant.
For performance of all of the Defined Services by
Consultant as herein required, City shall pay a single fixed
fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $38.645, payable as follows:
Milestone or Event
or Deliverable
Amount of
Fixed Fee
10\
Retention
Amount less
Retention
Completion of:
7.
System Installation,
Training of City Staff
and Preparation of Final
Report
3,000
300
. 2,700
B. () Phase~ Fixed Fee Arrangement
C. () Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive hours
of time spent by Consultant in the performance of said services, at
the rates or amounts set forth in the Rate Schedule hereinbelow
according to the following terms and conditions:
1. () Not-to-Exceed Limitation of Time and Materials
Arrangement
Notwi thstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the
Defined Services herein required of Consultant for
$ including all Materials, and other
"reimbursables" ("Maximum Compensation").
2. () Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to ("Authorization Limit"),
Consultant shall not be entitled to any additional
compensation without further authorization issued in writing
and approved by. the City. Nothing herein shah preclude
Consultant from providing additional Services at Consultant's
own cost and expense.
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RATE SCHEDULE
Category of Employee
of Consultant
Name
Hourly
Rate
Project Manager
Team Leader
Sr." GIS Specialist
Programmer/Analyst
Clerical
G. Dildine
C. Bohan
R. Munjy
K. Myer
S80
S65
S80
S60
S35
() Hourly rates
"after [month], 19
by City.
may increase by 6\ for services rendered
, if delay in providing services is caused
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
(x) None, the compensation includes all costs.
13. Contract Administrators:
Ci ty: Frank Rivera, Associate Traffic Engineer, Public
Services Building, 276 Fourth Ave., Chula Vista, CA 9i910,\
(619) 691-5237
Consultant: Gerald Dildine, President, Calgis, Inc., 1477 E.
Shaw Ave., Suite 110, Fresno, CA 93710, (209) 298-1816
"14. Liquidated Damages Rate:
.J
( ) $
per day.
(x) Other: In the event Consultant fails to deliver the GIS
Based Traffic Accident Record System and all deliverables
specified in this A;reement by June 30, 1996, and OTS
exercises any rights pursuant to Sections 3.8 and 7.3.1
of the OTS Grant Program Manual (volume II), whereby City"
is obligated to reimburse OTS for funds advanced by OTS
to City, City may require Consultant to reimburse City
for that amount, unless City elects to continue.
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'5. statement of Economic Interests I Consultant Reporting
Categories, per Conflict of Interest Code:
(x) Not ^pplicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.'. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investment&, intere&t in real
property and sources of' income subject to those
regulatory, permit or licensing authority of the
department.
( ) Category No.4. Investments in business entities and
sources of income which engage in land development,
construction or the acquisi tion or sale of real property.
( ) Category No.5. Investments in business entities and
sources of income of the type which, within the past two
years, have contracted with the City of Chula" Vista
(Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6. Investments in business entities and
sources of income of the type which, within the past two
years, have contracted with the designated employee's
department to provide services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
16. () Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None
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16. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
(x) Other: Upon completion 'or each milestone or event or
deliverable as specifie~ in Exhibit A,
Paragraph 11 (A).
B. . Day of the Period for submission of Consultant'. Billing:
( ) First of the Month
( ) 15th Day of each Month
(xl End of the Month
( ) Other:
C. City's Account NuIDber: 219-2192-TF231
19. Security for Performance
( ) Performance Bond, S
( ) Letter of Credit, S
( ) Other Security:
Type:
Amount: $
(x)
Retention. If this space is checked, then notwithstanding
other provisions to the contrary requiring the payment of
compensation to the Consultant sooner, the City shall be
entitled to retain, at their option, either the following
"Retention Percentage: or "Retention Amount" until the
City determines that the Retention Release Event, listed
Below, has occurred:
.j
(x) Retention Percentage:
( l Retention Amount: $
10 ,
Retention Release Event:
(x) Completion of All Consultant Services, including
acceptance by the City and the ors of the
satisfactory Final Report (all required copies).
( ) Other:
M:\HOME\ENGINtIR\TRATFIC\ARSGC-A.SH
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Exhibit B
to
Agreement between
City of Chula Vista
and
Calgis, Inc.
DETAILED SCOPE OF WORK
Consultant shall furnish all services as required to provide a
fully functional GIS based Accident Record/Road Register computer
system. Said system shall have all the record management and
report/printout generating capabilities of the City's existing
system plus the additional benefits to be gained from a GIS based
software system. The system shall consist of computer software
programs (including source code), all necessary database management
or report generating software, and complete and professional
documentation on the installation and use of the system. The GIS
based Accident Record System shall be developed on ESRI's Arcview2
software operating on an IBM compatible PC and MS Windows. Access
to the GIS databases shall be from the City's Novell network. No
direct linkage to the City's ARC/Info workstations are anticipated.
However, a process that includes supportive or special databases
that are processed and generated by the ARC/Info workstations is
acceptable. Except for currently standard GIS dlltabases, all
direct or non-direct links to new or special GIS databases shall be
identified for City approval during the Design task of this
project. All software necessary for the proposed system to
interface with the City's GIS system and to operate as intended
shall be provided by the Consultant.
Consultant shall utilize the geographic databases of the City's
existing GIS system in the development and implementation of the
new GIS based accident record system.
Consultant shall install all equipment and software acquired by the
City as part of this project. Consultant shall insure that all
hardware and software shall interface (and operate successfully)
with the City's existing GIS system hardware, programs and database
and will function as intended. The existing GIS system is
networked on the citywide Novell (version 3.1) server with 10 base-
T network cards and connectors. Ci ty . staff access the GIS
databases on this server using IBM compatible PCs and Arcview2
which is a windows based product. Local networked printers
(generally ,HP Laserjets) are used for report printing; or the
printer may be non-networked. Problems with system hardware or
software shall be resolved by the Consultant to the City's
satisfaction before final system acceptance.
Consul tant shall furnish an interim report quarterly as to the
progress of the project or upon demand by the, City or the OTS.
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These interim reports shall satisfy all requirements for format and
content as contained in the latest version of the OTS Grant Program
Manual. Consultant shall provide these reports to the City with
sufficient lead time for the City to review and forward these
reports to OTS in order to meet OTS deadlines specified in the
latest version of the OTS Grant Program Manual.
Consultant shall provide three copies of a comprehensive user's
manual on the new system, in addition to three copies of the
software.
Consultant shall provide one full week of training for City staff
in all aspects of the operation of the Accident Record/Road
Register System provided.. Consultant shall commit to providing
additional training for City staff as needed (at the City's
request) .
Consultant shall provide software upgrades and on-going technical
support, both on-site and telephone support as needed, throughout
the warranty period for the software at no additional cost to the
City.
The warranty period shall not begin until the system installation
and all system software have been accepted by the City.
The Road Register portion of the system shall be designed to
accommodate other systems such as Pavement Management and
infrastructure inventories as well as the Accident Record System.
Consul tant shall convert the most current copy of the City's
existing Collision History and Road Register computer database
files over to function within the City's GIS attribute database.
Consultant shall incorporate additional data files from the
existing Accident Record/Road Register system into the new system
(as needed) to maintain the quality of the data currently provided
.by the existing programs and reports.. All problems encountered
during the data translation shall be resolved by the Consultant to
the City's satisfaction.. .'
The system shall allow data to be accessed, updated and
manipulated, as well as reports and printouts to be IJenerated,
directly from the database as well as through the GIS system.
Information resident in the GIS database (such as street names and
segment lengths) shall be provided by the system programs rather
than input. 'Where possible,. necessary fields of information (such
as cumulative distances) shall be calculated by the programs
instead of being input by the user.
The new system shall be designed to accommodate future IJrowthin
the City up to at least. doubling the number of accidents and
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accident locations that make up the current accident record/road
register database.
All programs provided shall be able to handle the change in dates
in the year 2000 so that no problems will occur in the inputting of
data or in the generation of reports and printouts for data which
spans the turn of the century.
Programs provided ahall be able to handle both standard (imperial)
and metric units of measurement at the users discretion.
Programs that ~utput reports and printouts to the printer shall
have the option of sending the information to a file in the
computer in printer ready ASCII format and in wordPerfect format
(WP version 6.0 or latest version).
The format of all reports and printouts shall be approved by the
City prior to final acceptance of the system.
Required features of accident record system programs (especially
those using existing look-up tables) may be designed by the
Consultant to function in some other way as long as the required
features are provided and the existing quality of input and output
data is maintained.
The system supplied by the Consultant shall provide as a minimum
the following programs, reports and system capabilities:
Collision Historv Database Maintenance proaram
This program shall add, modify, and delete accident reports to/from
the collision history database file (which will be tied to the GIS
system) . Inputting errors shall be flagged to allow error
correction at the input stage rather than after update of the data
file has been completed. Provision shall be made for the removal
of data from the active file and for the archiving of this
historical data for later use. Information input shall'be from the
standard California Highway Patrol (CHP) Traffic Collision Report
Form" 555 with additional fields of information added (i.e. location
codes, etc.).
Road Recist@T Database Maintenance Proaram
This program shall add, modify, and delete intersection and segment
records to/from the road register database file (which will be tied
to the GIS system). Information resident in the GIS database (such
as street names and segment lengths) shall be provided by the
program rather than input.
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The following three monthly reports (for high accident intersection
and segment locations and for the Collision Statistics Su~~ary)
shall be generated by one program or batch file for the month/year
and area specified by the user.
Monthly Summary Report of Hioh ~ccident Locations - Intersections.
This program shall produce a report on high accident locations
(with a user specified minimum number of accidents during the
reporting period) for a user specified area up to and including
City-wide. Statistics for each location shall include number of
total collisions (current and previous month), number of collisions
(current month) by category (fatal/injury/PDO), intersection
ranking, location code, approach volume for each entering leg of
the intersection and a notation if the intersection is signali:ed.
Monthly Summary Report of Hiqh ~ccident Locations - Seoments
This program shall generate a report on high accident segment
locations which provides .the same information as noted above for
the high accident intersection locations report.
Monthly Summary Report of Collision Statistics
This program shall generate a report which provides statistics (for
a user specified area up to and including City-wide) on collisions
occurring during the reporting period for collision type, primary
causative violation group, number of collisions (by extent. of
injury), and number of victims (by extent of injury). Statistics
for each of these categories shall be provided for number of
collisions (current month and same month last year) and percent
change, number of collisions (12 months to date and previous 12
. months) and percent change, and percent of this month I s total
collisions.
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Route street Collision Summary Report
For each of two user specified time periOdS, this program shall
generate a report which provides statistics on number of collisions
(by collision type and total collisions) for each intersection and
segment along a route street (starting and ending at user specified
intersections). This information shall be organi%ed geographically.
by survey direction. Additional information shall be provided on
segment and route lengths, total intersection and segment
collisions along the route for each time period, traffic volumes
(user specified) and collision rates for each time period, and
percent change in collision rates between the two time periods.
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Treffic Collision Deteil Report
The program shall output information on each individual accident
occurring at any user specified location (intersection or segment),
for any user specified time period. Accident report data shall be
sorted by collision date and time and shall contain the information
input from the CHP Traffic Collision Report Form 555. The program
shall prompt for additional locations so that ~ultiple reports ~ay
be run without exiting and restarting the software.
Traffic Collision Deteil Report (On-Screen Version)
This program shall be an on-screen version of the Traffic Collision
Detail Report described above" Multiple screens of data shall be
displayed sequentially (when prompted by the user) when the amount
of data in the report requires more than one screen. The proqram
shall prompt for additional locations so that multiple reports may
be displayed without exiting and restarting the software.
Traffic Collision Detail Report (Summary)
This program shall output a summary of the Traffic Collision Detail
Report described above providing statistical data on collision
type, motor vehicle involved with, lighting conditions, and
injury/property damage information. This report shall be generated
by the same program or batch file that produces the hardcopy
Traffic Collision Detail Report.
Collision Catecorv Location Report
For any user specified time period and area (up to and including
city-wide), this program shall search the database for accidents
matching any user specified set of search parameters. For every
accident record found which matches the criteria being tested, a
copy of the record is to be sent to a file on a floppy disk drive.
A (printer ready) report shall be sent to the floppy disk which
lists each location where an accident occurred which matches the
search criteria, and (for each location) the total number of
collisions during the reporting period and the number of collisions
matching the search criteria. Additional information shall be
provided on the total number of records in the time period being
searched, and the total number of accidents (and the percentage)
found matching the search criteria. The program shall also provide
the option of printing or plotting a map of the locations found in
adcUtion to or instead of printing the described report. The
program shall allow previewing of said map ~rior to printing or
plotting and shall allow portions of the map to be printed or
plotted as well as plotting the entire map.
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Repo"t on Missino!Duplic8te ~ccioent Recoros
This program shall search the accident record data and output a
report listing the lowest accident report number in the file,
missing report numbers, duplicate report numbers (including the
lOC8tion codes where each duplicate report occurs), and report
numbers (including the location codes .where the report occurs
and the year of the report) where the year of-the report does not
match the report number series used for that year~
Collision Historv File Print prooram
From user specified line numbers in the file, this program shall
print out the contents of any record or series of records from the
Traffic Accident Collision History file.
Vehicle Code Violation Groups Prooram
This program shall update and print out the existing computer file
containing the list of vehicle code violations (and their
associated group numbers) which are recognized by the program used
to input accident records into the system.
Road Reoister Distance Check prooram
This program shall check the road register computer file for faulty
record (location. code) sequences and errors in cumulative
distances. A report shall be generated which lists Road Register
record number, location code, street names, incorrect cumulative
distance listed and correct cumulative distance (where the error
occurs in the cumulative distances along the route);.and range of
record numbers, location code and street name (where the error is
a faulty record sequence).
.-'
R08d Reoister Intersection Print Prooram
This program shall generate a printout of the road register's
intersection records containing the information input into this
record type. The records in this report shall be sorted
alphabetically by route street and then geographically (within the
route street) by survey direction. The program Jllust be able to
start the printout at any user specified point in the file as well
as starting the printout at the beginning of the file.
~/
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Roed Reaister Seament Print Proaram
This program shall generate a printout of the road register's
segment records containing the information input into this record
type. The records in this report shall be sorted alphabetically by
route street and then geographically (within the route street) by
survey direction. The program must be able to start the printout
at any user specified point in the file as well as starting the.
printout at the beginning of the file. .
ReDort on Location Codes Used to Date
This program shall check the road register computer file generating
a printout (listed numerically) of all the location codes used to
date, leaving spaces in the listing (for unused location codes)
where codes are available for assignment to new intersections.
Inverse Intersection Print Proaram
This program shall generate a printout which lists each location
code used in the accident record system database (sorted
numerically) and the street names of each street at that
intersection (up to four street names). The program must be able
to start the printout at any user specified point in the file as
well as starting the printout at the beginning of the file.
Sianalized Intersection Listina
This program shall update and print out a listing (sorted
alphabetically) of the signalized intersections (and their location
codes) in the city.
street Mileaae Listina
."
This program shall print out a street listing (alphabetically)
which lists the mileage for each classification along each street
(and the total mileage) for each street in the City. Additional
information shall be provided listing the total mileage for each
street classification city-wide and the total mileage for all
streets city-wide. The program shall differentiate between public
streets, private streets and streets not yet accepted by the City.
Collision Diaarams
The system provided shall be capable of producing on-screen and
printing or plotting Dresentation aualitv collision diagrams (for
both intersections and segments) for accidents occurring. during a
~~:?t
---
,
user specified time period. The system shall use standard symbols
(used in completing the CHP Form 555 traffic accident report form)
and any additional special symbols specified by the City. Preview
and editing of collision diagrams and data prior to printing Or
plotting shall be provided. Time, date, number injured and primary
collision factor shall be provided for each accident. Said data
shall be labeled on the symbol of the vehicle responsible fOr the
collision or shall be shown in an attached table with the
responsible vehicles appropriately referenced on the collision
diagram. Accident rates for the data used to produce the collision
diagram shall be provided along with a. summary of included
accidents (showing numbers and totals of accidents fo~ each type of
collision and each extent of injury). The time period for the
accidents included in the collision diagram shall be user
specified.
Computerized Pin Maps
The system provided shall be capable of producing on-screen and
printing or plotting an electronic pin map for a user specified
area (up to and including City-wide) which shows all accidents
occurring within a user specified time period. The accidents shown
shall, as a minimum, be differentiated by intersection accident,
segment accident, and severity of injury (property damage only,
injury, and fatality).
Seament ADT and Intersection Turnina Volumes
The system shall provide attribute records for segment average
daily traffic (ADT) volumes and for intersection turning movement
volumes. These records shall be separate from the road register
intersection and segment records. The segment ADT record shall
include the traffic volume for each direction, total (non-
. directional) volume and the date of the count. The intersection
turning movement volume record shall include the date 0; the count,
the (vehicle) approach volume for each entering "leg of the
intersection, and traffic volumes for left turn, through, right
turn, right turn on red, and pedestrian movements for each entering
leg of the intersection. The system shall be capable of inputting,
modifying and deleting these records, displaying graphically and
printing or plotting selected data, and generating reports on these
record types.
,
Strip Map of Accident Events
The system shall be capable of producing on-screen and printing or
plotting a strip map or plot showing accident events wi,th other.
selected data (i.e., number of lanes, etc.).
,
~
/tP- J?
Mep or Plot of Accioents with Treffic Volume
The system shall be capable of producing on-screen and printing or
plotting a map or plot of accidents with traffic volume data along
a selected route.
Displav of ~d Hoc ~ccident ~nalvsis
The system shall be capable of performing ad hoc accident analysis
an~ displaying graphically an~ printing or plotting the selected
data. For example, map a selected route with speed &ones
delineate~ and.acci~entB sorted by time of day an~/or with alcohol
related accidents broken out.
Sian Records
The system shall provide attribute records for traffic signs. The
system shall be capable of inputting, modifying and deleting these
records, displaying graphically and printing or plotting maps of
sign locations (by sign type), and generating. reports on sign
locations, sign types, sign si%es and sign age.
stripinq Recoros
The system shall provide attribute records for traffic striping.
The system shall be capable of inputting, modifying and deleting
these records, displaying graphically and printing or plotting maps
of striping locations (by striping type), and generating reports on
striping location, color, type and age.
.J'
~:\HOME\ENGINttR\TRArFIC\ARSGC~B.SM
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~
Exhibit C
to
Agreement between
City of Chula Vista
end
Calgis, Inc.
COST/PRICE PROPOSAL
DIRECT LABOR
Hourly
Emplovee Cateaorv ~ Hours Rate TOTAL
Project Manager G. Dildine 60 @ 36.06 2,163
'ream Leader C. Bohan 280 0 15.26 4,273
Sr. GIS Specialist R. Munjy 60 @ 36.06 2,164
Programmer/Analyst K. Myer 200 @ 12.12 2,424
Clerical 60 @ 9.81 589
$".613
EMPLOYEE BENEFITS 20 , $ 2.322
DIRECT COSTS OUANTITY
Equipment/Supplies (Itemize)
Other Direct Costs (Itemize)
Arcview/2 Software 1
COST
PER UNIT
TOTAL
2,000
2,000
$ 2.000
INDIRECT COSTS (Overhead)
Approved Overhead Rate
'19.64 ,.
J
. $ 19.065
INSURANCE COST (Not Subiect to Overhead Rate)
Errors end Omissions Insurance
$ 3.645
TOTAL COST
$ 38.645
-,
K:\HOKE\ENGlNEER\TRATFIC\ARSGC-C.SM
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 6/18/96
\ \
ITEM TITLE: Resolution t 1634-3 Extending Agreement with
Calgis, Inc. for a GIS based Traffic Accident
Record System
SUBMITTED BY: Director of Public work~ r
REVIEWED BY:
City Manager
(4/5 Vote: Yes
No X )
CUrrently, the City has an agreement with Calgis, Inc. for the
development of a GIS based Traffic Accident Record System. This
agreement will expire on June 30, 1996. The agreement needs to be
extended to allow completion of the. work on the project.
RECOMMENDATION: That Council approve an extension to the
agreement with Calgis, Inc. until December 31, 1996 for the
development of a GIS based Traffic Accident Record System.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On November 7, 1995, the City Council approved Agreement Number
C095-221 with Calgis, Inc. for the development of a GIS based
Traffic Accident Record System. This is a grant funded project
through the State of California Office of Traffic Safety. This
agreement, which is due to expire on June 30, 1996, needs to be
extended.
After execution of the agreement there was a delay of 8 weeks
before the notice of commencement was delivered to Calgis, Inc.
while issues regarding their insurance carrier (which was not
licensed i~ the State of California) were resolved. The kick-off
meeting for the project was held on January 3 and 4, 1996. In
addition to the delay in beginning the project, work on the first
phase of the project has proceeded more slowly than anticipated due
to the complexity of the proposed.system. Staff has requested and
received a project extension through December 1996 from the Office
of Traffic Safety.
_~ /1J)..tf~
Item
Meeting Date 6/18/96
II
Therefore, extension of the agreement to December 31, 1996 (to
coincide with the new completion date approved by OTS) is required
for this project. There will be no changes to the scope of the
work or to the amount ($38,645) of this fixed fee agreement.
FISCAL IMPACT: This project was funded when the contract was
approved by Council. Since there is no change in the contract
amount, The fiscal impact is minimal.
Attachment: Agreement C095-221
File: 0735-10-TF231
0760-95-CY029
M:\HOME\ENGINEER\AGENDA\A_CALGIS.SM
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Fi"SOLUTION NO. 18343
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA EXTENDING AGREEMENT WITH CALGIS, INC. FOR A GIS
BASED TRAFFIC ACCIDENT RECORD SYSTEM
WHEREAS, currently, the City has an agreement with Calgis, Inc. (known as Document
No. C095-221) for the development of a GIS based Traffic Accident Record System which
will expire on June 30, 1996; and
WHEREAS, the agreement needs to be extended until December 31, 1996 to allow
completion of the work on the project; and
WHEREAS, there will be no changes to the scope of the work or to the amount
($38,645) of this fixed fee agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby extend the Agreement with Calgis, Inc. (C095-221) for a GIS based Traffic Accident
Record System until December 31, 1996.
BE IT FURTHER RESOLVED that all other terms and conditions of said Agreement shall
remain in full force and effect.
Presented by
Approved as to form by
/
~-~~
Ann Y. Moore
Interim City Attorney
n P. Lippitt
Public Works Director
~r /t1--y;z...
Resolu~ion i 83L3
PaGe 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of June, 1996, by the following vote:
AYES:
Councilmembers:
Alevy, Moot, Rindone, Horton
NA YES:
Councilmembers:
None
ABSENT:
Councilmembers:
Padilla
ABST AIN:
Councilmembers:
None
~1~~, Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY DF SAN DIEGO ss.
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18343 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 18th day of June,
1996.
Executed this 18th day of June, 1996.
~~{ ~h~!~'k
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eXHIBIT -3
STAT'II: or OAUPORNLA . BUalNEOa, T1'L&NapoRTATlON AND HOUalNO ..a~ov
PETE WILSON, 00_,"""""
OFFICE OF TRAFFIC SAFETY
7000 FRANKLIN BLVD., SUITE 440
SACRAMENTO, CA 95823-1820
(9\6) 262-0990
(800) 735-2929 (TTfTDD-Referral)
(916) 262-2960 (FAX)
@ ,It'
November 7, 1996
Project No. TR9503
Revision No.5
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Eugenia A. Franco
Civil Engineer
Public WorkslEngineering Dept.
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
.-
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Dear Ms. Franco:
Enclosed are the continuation documents for your traffic safety project. These documents reflect
adjustments to prior fiscal year funding based on costs reported through September 30, 1996. The
project period has been extended three months to March 31,1997, and the total amount
programmed reduced by $4,305.00. These documents also reflect a change in Project Director.
These documents should become a part of your official project file.
If you have any questions, please contact William H. Jacobs, Special Programs Coordinator, at
(916) 262-0983.
WHJ:jn
Enclosures
cc: Clifford O. Swanson
NHTSA
Fiscal
~ /~',/y
CAl..I'"C><MA
a:1?CZlY 1'1tA.n?C ~
1. PRroECl TITLE
Accident Recard System
2. lAKE OF APPLIC!R1 AGKBCY
City af Chula Vista
3. AGKIICY DllIT TO IlAHDLE PRroECl
state of California
Business, Transportation' Housing Agency
OFFICE Of TRAFFIC SAFETY
PRCIJE.."r HUlIBER
TRAffIC SAfETY PRCllECT AGRWl!:l!T
TR9503
PAGE 1 (To be cOlpleted by Applicant Agency)
4.
PllOJEC'l PERlOD
Month - Day - Year
Frol: 11
01
94
97
Chula Vista Public Warks/Engineering Department
To: 3
31
5. PROJECT DESCRIPTION (SUllarize the proposed project plan covering the objectives, lethod of procedure, evaluation, and end
product in approxilately 100 words.)
The City af Chula Vista will develap an autamated accident reparting system which will all
transfer af infarmatian fram campleted callisian reparts into. a system which is immediately
useful to. the Traffic Engineering staff and the palice afficers. The primary gaal af the
praject is to reduce the frequency and severity af traffic callisians by praviding
engineering staff and palice afficers with timely and accurate accident infarmatian upan
which to. base traffic enfarcement and raadway geametric and contral devices design decisian.
The proposed system will be integrated with the City Geagraphic Infarmatian System.
6. FEDERAL FDllDS ALIroTED DllDER TIllS AGREOO'JIT SlIA1L 1m EICEED $ 56,750
7. APPROVAL SIGKATllRES
A.
PROJECT DIRECroR-
Nale:
Address:
Signatur
Eugenia A. Franca
276 Jfaurth Avenue
C~a Vi~ta,~ 10
l!i: L/~
//
Civil'Engineer
Title
C.
FISCAL OR AcaxJIl'rIIG OfFICIAL
Nale: Robert W. Po.well
Address: 276 Faurth Avenue
Chula Vista, CA 91910
Signature ~. <: ~ ,,--
Title Directar af Finance
OTS-38* (Rev 7/94)
B.
AUTHORIZIIG OfFICIAL Of .APPLICAIlT AGEIlCY
Phone: (619)
691-5237
Nale:
A~clress:
Cliffard L. Swansan
276 Fou'Cth .!;.venup.
Chula Vista, CA 91910
Phone: (619)
1\91-5021.
Date .~~
, Date ~p!%-
Directar/Cit En inee
Signature
D.
OfFICE AUTHORIZED TO RECEIVE PAYKEIlTS
Phone: (619) Nale:
691-5051
Date r~~k 'Ad~ess:
~ /d'lf..5
Pa<jt. 2 (Office of Traffic Safety's Use Ollly)
m &:Tl v ~ llA'l'E Ol' AGimIlI'I 10101/% GR.lJm Chula vista PRCUECT JJ. TR9503.
8. AC!IOI Ikl. 7 om 11/07/96 10. TYPE Of Aoooo:n Initial -L Revision - Continuation
-
RmSIOI Ikl.---L- DA'l'E 11/07/96
I'UXD PSP TASl I fISCAL 'all
9. ACT10t nUll 402 96-TR 2 1996
.
1996 HSP grant funds reduced to agree with costs 11. I'UXDrBG DIsrosrrrOl & STATUS I
reported through 09/30/96.
Fiscal Year Alaunt
$40,191.22 reprogralled for expenditure in FY 1997. 1994-95 $ +
1995-96 12.253.78
Total funds progralled reduced by $4,305.00. 1996-97 40.191.22
Project period extended 3 lontbs to 03/31/97. .
Project Director changed. Obligated This Action $ (440496.221
Previously Obligated 56.750.00
state fiscal Year 1995/96 Total AIount Obligated 12.253.78
2700-101-0890 (303/95) Alount Suspended 40.191.22
(Federal catalog No. 20.600) TOTAl FUlfDS PROGRAIlHED $ 52.445.00
.
12. BUDGET SUHlQiY (FrOI Schedule B Detailed) - FISCAL YEAR GR!JIT PERIOD ElIDING: 09/30/96
1996 Adj 1995-96 Revised 95-96 TO'rAL
<DST CATEGORY GRm PERIOD PRIOR GRm roTAL GR!IIT PIDJEcr BUDGET ESTIII!TE
A. Personnel Costs -0- I -0- -0- -0-
B. TIavel Expenses (1,250.00) 1,250.00 I + 1,250.00
C. Contractual Services (42,770.00) I 48,750.00 5,980.00 I 44 ,445.00
D. Honexpendable Property I -0- I -0- -0-
E. other Direct Costs I (476.22) 6,750.00 6,273.78 I 6,750.00
F. Indirect Costs I I
'IOTAL fEDERAL I'll!DS (44,496.22) 56,750.00 12,253.78 52,445.00
13. PRQ.)!C! J..lll'ROVAL. AlJ'l'ilORIZ1TIOlI TO EXPEIID OBLIGATED !'lJJmS
A. APPROVAL R!'.CnlIIERDED BY B. AGREElIE!T . FUlfDIJlG AlJ'l'ilORIZED BY
HAME: Willial H. Jacobs
, Chris Murphy
Office of Traffic safety
7000 Franklin Blvd., suite 440
sacramento, CA 95823
SIGllA'l'lJRE tJ~1<~~'~~,,~, SIGNATURE ( ~tHA/1') 41
,
TITLE Special Proiects Coordinator TITLE Grant Prooram HanaQer
OTS-38a* (Rev. 11/95)
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SE-COND ?_>"fENDI'!.EFT Te f.GREEI<=:Nr BETY'.'EEN
CITY OF Cf~JLA \";STA
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CA1, G~S TI-lC.
FOR A GIS BASED TRAFFIC ACCIDENT RECORD SYSTEM
THIS SECmm .AMB>.'DMENT TO Tn" AGREEW.ENT FOR A GIS BASED TRAFFIC
ACCIDENT RECORD SYSTEM (AMENDJ>.1ENT) is entered into llS of December , 19%, by
<.nd between t-!"e City afChilla ViS'".... (City). a municipal Cr..lk-U:~ corporation of the St!rte of
CIl.lifamie., a..'1d Calgis, Inc, {CDnsultant), a CO'F,",caticn, whose place of business lUld telephallC
num~ = set forth on Exhibit A, Paragraph 6,
RF:CITAT,":
V.;-BEREAS, ::.lje City ~fChu1a Vista1l35 ll?p"'veJ <:n <igl=ei"lt (Ag,."t:emen:) wit.'; Calg:s, Inc_ :1"",>"
November 7,1995, by Resolution 18093, and
,^'1IERF.ASo ::he Agreemer...t provided for n C~}~ Ea5,~d Tr211i:: A.c.cidern Record System (eIP-IT
23 n. a:.,d
WrillRE/'...S. :lUs project is intended to pro;,.idc f..:T ac.dde::.l record Syst-:"'il softv..'a..-e dev~loprnent~
:iOftv.a.re. ill'].j ~ complete C.arnputaWO~Dr: w:--ich ViDuld intd2!cc "V:-itll ME.: !!f!i!lMt thd~ttgll the
City'S ~;)>,=r~.hic Info:rnmtion System; End ~
. e- .
WheREAS, the pmj~ co..-npletion date r~ b~en. p~-'\>iousJy revised by mlltUal agreement betw<<n
th-e City ~td. Con5u1uul~ from Ju.nc 30~ 1~5 tD y.:;~.t:mbe:r 31, 1996j and
"'~rht.?...E~I\S) o.::Jm the City, mdConsultznt de.;i!-e 10 ~'11end t.~e Ag?'..eme..'11 approved by Resc1:..rdon
1 80:;3 to e,:tend. the date or times for dcli\'ernbktl and compietion of -work.
NOv.'~ TI-IEREFORE, Ex!'ibit A of the Ag.!:.......,.:l~t is hereby- sncrr.ded to rr.ad as follo'WS:
A. ."'..mend 8C to read tIS follo"''S: Gal=1 S~f:~"ule Timc Limits (from cxl>:mtioo. by the City
of this Amcnd:nent) for Delivery of Each of u,e Fdlowh"lg Delive:ables:
De!rl'enble
TOOe Ltmit
Deli'Jembles for T~k 1: 5ys-cern
Defuition. Herm.-are S;=ific..."tions
rr\m".,.l4",.
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Deliyerables for Task 2: Complete &
Install Accident Record System Software.
Including ArcView Software
2 months
Deliverables for Task 3: Complete
Software Documentation
2 months
Deliverable for Task 4: Interim Report
0.5 months
Deliverables for Task 5: Final Report
3.5 months
This Agreement shall terminate when the Parties have complied with all executory provisions as set
forth above. The time frame for each task may be increased by the City Engineer, prior to exceeding
the time limit indicated for each task, if said increase is authorized in writing.
B. Except as modified herein, all other provisions of the Agreement approved by Resolution
18093 approved on November 7, 1995, shall remain in full force and effect.
M:\HOMElENGINEERITRAFFIClCGlSAMD.EAF
Page 2
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10: th~. Sc::o::::: /-..rn::-r:.:::..7ttr!! Ie
Agreement bctWC::I~ ei.} of Crnilz.. ",\r1s"ta and Calgis. Ill';.
for a GIS Based Traffic ."ccidem Record Syst=
IN \;'lTh=:SS )\.'HE..~F, City and Cons-.llta.'l! have executed this Second An1endrnem
thereby indicating that they have read an:: """""=w.x! same, and indicll1e their full and complete
consent to its terms:
Dat::d:_
l19_
City of Cb:Jla Vi~~
by:
Shirley Harton, Mayor
"~~.
.~.~--,~.
'Rever;"'- ~ uthd.;::t Ci~'Clci
- . -.'.- ~....}
APPTt-'1-';;".Ci .:2 ~Q fOi-aT..:
John j~t Kahe."1Y, City ArLOmey
Da~d:_
Cclg;is~ In:..
-/) I'
BT~4! I
I~~b
"j U .
/ title)
L/
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[ne.."e of pe<son, title]
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Exhibit Lis: 1.0 Agre=:nent
( ) Exhibit _~.
M,'JiOME\El"~TltAFFIC'a!'..sAMD:EAF
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item / /
Meeting Date 12/10/96
R I. /g'f/~ d' . C '1'" . fth
eso utlOn m lcatmg OunCI s mtentlOn to vacate a portIOn 0 e
100 Block of Jefferson Avenue
SUBMITTED BY:
Director of Public Works
REVIEWED BY: City ManagerJl1 bvd;;' ./l (4/5ths Vote: Yes _ NoX)
The Chula Vista Elementary School District has applied to the City to vacate the portion of Jefferson
Avenue from Flower Street to approximately 300 feet south, along the frontage of Feaster
Elementary School (see Exhibit "A"). In accordance with Part 3, Chapter 3, of the California
Streets and Highways Code, Council must adopt a Resolution of Intention setting a public hearing
in order to consider the vacation request.
RECOMMENDATION: Council adopt the Resolution ofIntention setting a public hearing for
January 7,1997, and direct staff to post the required notices for said public hearing.
BOARDS/COMMISSIONS RECOMMENDATION: There are no actions required to be taken
by any Boards or Commissions for this matter.
DISCUSSION:
On September 10, 1996, application was made by the Chula Vista Elementary School District
(District) to vacate a portion of Jefferson Avenue between "E" and Flower Streets (see Exhibit "A").
It is the District's intention to purchase a vacant piece of property directly across Jefferson Avenue
as a way to expand the school's facilities. Rather than building a bridge or underpass to connect the
two properties, the most viable solution would be to vacate the street between the two parcels.
The District held a public meeting, inviting residents of the Feaster School neighborhood.
Approximately 30 people attended. (City staff inquired of the possibility of obtaining the minutes
to the meeting and none were available.) According to staff at the District, a few senior citizens who
attended had concerns regarding emergency personnel response time.
As Council has been previously notified, the City began a 10-day trial closure of the street on Friday,
November 8, 1996 and continued through Monday, November 18. Approximately 930 notices of
the trial closure were mailed out to residents and property owners of the neighborhood bounded by
1-5 east to Broadway and "D" Street south to "E" Street. Additionally, approximately 900 notices
were given to the School District to pass out to the students at Feaster School. The notice included
a City contact person and a phone number to call for comments or questions.
//-/
Page 2, Item
Meeting Date 12/10/96
During the closure, a total of 12 calls were received by the contact person. Ten of the twelve phone
calls were people objecting to the closure. A majority of the respondents were retirees, not able to
drive and were concerned with the closure to pedestrian traffic. Apparently, many of the residents
of the mobile home park at 701 "D" Street walk to a market on "E" Street, using Jefferson Avenue
as the shortest route. By cutting off this portion of Jefferson A venue, pedestrians would be forced
to walk east to Broadway, then south to "E" Street, adding a quarter of a mile to their trip. One call
was from a resident who, on her way to work in the morning, traveled east to Broadway on Flower
Street and had to wait behind eight or nine cars attempting to exit onto Broadway at the stop sign.
(There is no signal at this intersection.)
At this time, the evaluation of the trial closure is not completed. Staff will, however, submit an
analysis on the impact of the closure in its report for the public hearing.
Prior to Council action on the vacation request, Section 8320 of the State Streets and Highways
Code states that Council must adopt a resolution of intention setting a public hearing on the
matter. The resolution is to include:
1. A declaration of intention of the Council to vacate the street
2. A statement that the vacation proceeding is conducted under Chapter 3 of the
Streets and Highways Code
3. A description of the general location and extent of the streets
4. The date, hour and place for the public hearing (January 7, 1997 at 4:00 p.m. in
the Council Chambers in the Public Services Building at 276 Fourth Avenue)
It is staff's intention to notify all residents who were sent notices of the trial closure of the public
hearing being set by the Resolution of Intention. (See description of area above.)
The vacation of the street, if it takes place, will include reservation of easements for all City
facilities and other agencies owning facilities that will remain within any of the vacated areas.
Compensation for Right of Way
When a street is vacated the vacated land reverts to the underlying fee owner. If the street was
originally dedicated on a subdivision map, the land would normally revert to the adjoing owner from
the centerline of the street. If the City has a grant deed to the property, the City owns the land in fee
and could be paid for the land since it doesn't automatically revert to the adjoining property. If the
City has an Easement for street purposes, the land would normally revert to the land that dedicated
the property. In this case there is a total of 18,13 5 square fHo be vacated. Of that amount the
School District dedicated as an easement 12,090 SF and the owners of the easterly property
dedicated about 6,045 sf as quick claim deeds or grant deeds. Normally, the 12,090 sf easement
would revert to the School District and the remaining 6,045 sf would be city land.
J /-.2
Page 3, Item
Meeting Date 12/10/96
Previously the City Council has required the applicant to pay for the land that was vacated whether
or not it was an easement. Staff believes that since this is a public agency, that the land that would
ordinarily revert to the School should do so at no cost. However, the 6,045 sf of grant deeded land
could be sold to the School. The decision of whether to sell or grant at no cost any or all of the
vacated land needs to be made prior to any final action on the vacation. This issue will be addressed
at the Public Hearing with a staff recommendation.
FISCAL IMP ACT: The District is responsible for the costs of processing the vacation request,
plus the cost of staff time spent on the trial closure and its evaluation under the City's Full Cost
Recovery System.. The District has deposited $1,000.00 with the Finance Department and will be
required to add to that when the account is depleted.
Estimated costs for staff time and materials for the trial closure and processing the vacation request
are approximately $5,500. The City may receive monies for the vacated right of way depending on
further staff study, and council direction on whether to charge the School for land being vacated.
Attachments:
Resolution
Exhibit "A" - Plat of area
M:\HOME\ENGlNEER\AGENDA \PV -068 _l.JWH
/1<:1
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RESOLUTION NO.
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA FOR SETTING A PUBLIC
HEARING FOR JANUARY 7, 1997 TO CONSIDER
VACATING A PORTION OF THE 100 BLOCK OF
JEFFERSON AVENUE
WHEREAS, the Chula vista Elementary School District has
applied to the City to vacate the portion of Jefferson Avenue from
Flower Street to approximately 300 feet south, along the frontage
of Feaster Elementary as shown on Exhibit "A"i and
WHEREAS, in order to process the vacation, Council must
first adopt a resolution of intention and set a public hearing, in
accordance with Part 3, Chapter 3, of the California Streets and
Highways Codei and
WHEREAS, it is recommended by staff that Council hold a
public hearing on this matter January 7, 1997.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby set a public hearing on January
7, 1997 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue,
Chula vista, Ca. to consider vacating a portion of the 100 block of
Jefferson Avenue from Flower Street to approximately 300 feet
south, along the frontage of Easter Elementary School, as shown in
Exhibit "A".
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to post the notice of the public hearing in accordance
with the Streets and Highways Code and city ordinances.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
n.~~~~
John M. Kaheny, City
Attorney
C: \ rs\ vacate. int
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EXHIBIT "~' //->
CHULA VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST "J" STREET. CHULA VISTA, CALIFORNIA 91910 . 619425-9600
EACH CHILD IS AN INDMDUAL OF GREAT WORTH
BOARD OF EDUCATION
December 6 1996
JOSEPH D. CUMMINGS, Ph.D. '
SHARON GILES
PATRICK A. JUDD
PAMELA B. SMITH
MIKE A. SPE'ffiER
SUPERINTENDENT
UBIA S. GIL Ph.D.
Mr. John Hardesty
Permits Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910\
Re: Proposed Jefferson Street Closure
Dear Mr. Hardesty:
As you know, we are currently in the process of purchasing vacant land
located on Flower Street which is adjacent to Feaster Elementary School.
The process is linked to partial closure of Jefferson Street. During the
District's Public Hearing process, pedestrian access to nearby
businesses and markets was identified as a key issue.
On the western boundary of Feaster School lies an easement that the
district is prepared to renovate which will allow pedestrian traffic to flow
from the north west end of the community to "E" Street businesses. To
benefit residents in that area, the district is prepared to do this
renovation.
Sincerely,
,
d.~7
Assistant Superintendent for
Business Services & Support
LB:dp
cc: John Goss
c:misc:feas-esmt
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COUNCIL AGENDA STATEMENT
Item J :J-
Meeting Date 12/10/96
ITEM TITLE: ~ Resolution / <z'...5I7 Approving Final Map and Subdivision
. Improvement Agreement for Chula Vista Tract 96-05, Rancho del Rey,
SPA III, Phase 1, Unit 3
Resolution J ? 5'1 ~ Approving Supplemental Subdivision
Improvement Agreement for Chula vista Tract 96-05, Rancho del Rey,
SPA III, Phase 1, Unit 3
{J.
SUBMITTED BY:
Director of Public Works
(4/5ths Vote: Yes_No..xJ
REVIEWED BY:
City Manager~i ~
--?
On July 16, 1996, by Resolution 18366, City Council approved the Tentative Subdivision Map
for Chula Vista Tract 96-05, Rancho del Rey SPA III, Parcel R-7. On that tentative map, unit
boundaries were delineated. The final map for Unit 3 is now before Council for approval.
RECOMMENDATION: That Council approve the resolution approving the Final Map and
Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located on the southwest corner of East "H" Street and Paseo Ranchero.
The final map for Chula Vista Tract 96-05, Rancho del Rey SPA III, Phase 1, Unit 3 consists of
a total of 120 single family residential lots and a total of 2 lots for open space, public utilities, and
other public uses. A plat of the subdivision is attached (Exhibit A).
The final map for said subdivision has been reviewed by the Public Works Department and found
to be in substantial conformance with the approved Tentative Map. Approval of the map
constitutes acceptance by the City of all drainage, sewer, tree planting, and access easements
within the subdivision. Approval of the map also constitutes acceptance, on behalf of the public,
of Calle Dulce, Calle De Damasco, Calle Santiago, Via Verde, Via Cedro, Via Toscana, Via
/,;1, - J
Page 2, Item_
Meeting Date 12/10/96
Terecina and a portion of East "R" Street. Approval of the map also constitutes acceptance of lots
"A" and "B", for open space and other public uses including a 10' general utility easement, within
said lots, for the installation and maintenance of utilities.
The developer has executed a Supplemental Subdivision Agreement to satisfy the following
conditions of Resolution 18366.
1. Condition No. 24 of the resolution requires developer to agree that the City may withhold
building permits for the subject subdivision if anyone of the following occur:
A. Regional development threshold limits set by the East Chula Vista Transportation
Phasing Plan have been reached.
B. Traffic volumes, levels of service, public utilities and/or services exceed the
adopted City threshold standards in the then effective Growth Management
Ordinance.
C. The required public facilities, and identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to satisfaction of the
City.
2. Condition No. 25 of the resolution requires developer to agree to defend, indemnify and
hold harmless the City and its agents, officers and employees, from any claim, action or
proceeding against the City.
3. Condition No. 26 of the resolution requires developer to agree to hold the City harmless
from any liability for erosion, siltation or increase flow of drainage resulting from this
project.
4. Condition No 27 of the resolution requires developer to agree to ensure that all franchised
cable television companies are permitted equal opportunity to place conduit and provide
cable service to each lot within the subdivision.
5. Condition No. 28 of the resolution requires developer to agree to provide, prior to
issuance of any building permits, a noise study addressing noise impacts generated by
major streets surrounding the project.
6. Condition No. 29 of the resolution requires developer to agree to provide the initial cycle
of fire management and brush clearance in areas of the site adjacent to natural open space
prior to issuance of building permits.
1eJ.... ,z
Page 3, Item_
Meeting Date 12/10/96
7. Condition No. 30 of the resolution requires developer to agree to install fire hydrants at
every 500 fi and make them operable prior to delivery of combustible building materials.
8. Condition No. 32 of the resolution requires developer to submit a list of all facilities
located on open space lots to be maintained by the existing open space landscape
maintenance district.
9. Condition No. 52 of the resolution requires developer to comply, implement and remain
in compliance with the mitigation measures required by the Environmental Impact Report
FEIR-89-10.
The developer has executed a Subdivision Improvement Agreement of this map and has provided
bonds to guarantee construction of the required public improvements (CV drawings 96-207
through 96-213,96-234 through 96-238 and 96-310 through 96-328. The developer has paid all
applicable fees and has provided a bond to guarantee the subdivision monumentation. In addition,
the developer has granted an offsite sewer and drainage easement. The easement was accepted by
the City Clerk on behalf of the Chula Vista City Council pursuant to authority conferred by
Resolution No. 15645 adopted on June 5, 1990.
A plat is available for Council viewing.
FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans and
final map will be reimbursed from developer deposits.
Attachments:
Exhibit A - Plat - Rancho del Rey SPA 3, Phase 1, Unit 3
Exhibit B - Disclosure Statement
Exhibit C - Minutes of 7/16/96 (Resolution 18366)
Exhibit D - Drainage and Sewer easement.
M:\Home\Engineer\Agenda\RR309.GV
File: 0600-80-RR-309
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CHULA VISTA
RANCHO DEL REY SPA III,
TRACT NO. 96-05
PHASE 1. UNIT 3
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CHULA Vw-r A -rRAc-r No, ~~J~~6?
RANcHo DEL REY, SPA lJJ, MASYER FlNAL MAp
MAp No, J3-J75
EXHIBIT "A"
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PREPARED BY:
CRAIG, BULTHUIS & STELMAR
em! lDaineerlDl . Lond Surve1lDl ' Lond PlIlllliJll
2611 ADAMS AVE SAN DIEGO CA 92116
PHONE: (619) 297-3974
TIiE CITY OF a-lUl.A Y1ST A DISa..osURE ST A 1EMEJ.rr
You are required to file a Statement of Disclosure of a:nain owne~hip or financial interests, payments, Dr campaign
rontribulions, on aU malle~ which will require discretionary aClion on the pan of the City Council, Planning Commission,lnd
1\her official bodies. The follo""ng informalion must be disclosed:
,
I.
Ust tbe names of III pe=ns having a financial interest in the propeny which is tbe subjea of tbe application or tbe
contract. e.g., owner, applicant, contractor, sUbcontraclOr, material supplier.
KANCHO DEL REY INVESTORS. L. P.
A CALIFORNIA LIMITED PARTNERSHIP
2. If any person. identIfied pursuanlto (I) above is a corporation or pannersbip, listtbe IIImes of aU lDcIivicluals owning
more tban 10% of lbe shares in tbe corporation or owning any pannersbip interest in tbe pannership,
TRTnFNT TI~A TNr.
McHILLIN-RDR, INC.
3. If Iny person. idenlified pursuant to (I) lbove is non-profit organization or a trust, list the names of any person
serving as direaor of tbe non-profil organization or as trustee or beneficiary or trustor of the trusL
N/A
I
-,
4.
Have you had more tban $250 wonh of business transacted 1lo11h Iny member of the City staff, Boards. Commissions,
Commillees. Ind Council wilhin the past Twelve months? Yes_ No~ If yes. please indicate pe=n(s):
5.
Please identify each and every person, including Iny agents. employees, consultants, or independent OOntraClors wbo
you have assigned to represent you before the City in this mailer.
Craig T_ Fukuyama
Kenneth Baumgartner
Thom Fuller
Virgil E. Elliott
6. Hive you Indlor your otricers or Igents. In the Iggregate. contributed more than $I,(XXlto I Counc:ilmember in tbe
currenl or preceding election period? Yes_ No":'" If yes, state wbicb Counc:ilmember(s):
Date:
lI1fnTpmher 26,
. . . (NCYIE: Anadl additional pap B /''1) . . .
1996 (~----' 7U@/1 ~
Signalure of conlTllClor/applicant
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. ~ is tJcfinU Ar: -Any ~ {vm. co-~, joiN ~ cu:IlX.IAo:on.lOCi4J ,1Mb, frrMm4l_ 0- ;......, ctM'pt>o~ cure, ft&I(,~, ~
IioU - ..., oVI6""""Y. ary - <.......". <iIy _.,..my. _. or oVI6 poJUi<aI __ or..., oVI6 V""I' or ......-"" II<DI1l III . _'
EXHIBIT
Thom Fuller, vice President
Print or type name of contraClor/applic:anl
B. RESOU1T10N 1 S,66 A~fEt\llI'\G THE RASCHO DEL REY SPA m SECTJOSAL pL.-'lSNING
AREA (SPA) PLAN ClL~"'GI"G PARCELR-j LA1\1l1.:5E DESIGNATION FRO~,j SPECIALTY HOUSING
(SH) TO SI'\GLE FAMILY DET ACHED (SfD) A1\1) SINGLE FA~nLY ATT ACnED (SFA); APPROVING
TEt\lATIVE SUBDIVISJOS MAP FOR 156 ACRES AT THE RASCHO DEL REY SPA ITI, TRACT 96-06
.-'I..1'\ll ADOPTI"C ADDEl\llVM TO FEIR 89-10
Councilme.mbe: Moot stated that it would he ne.:essaI)' lor him to abs:ain from partici?z:ing b--.....:.ause he lives within
3W feet and his firm repr=n:5 McMillin.
Councilmember Alevy s:.ate.d although he W2.S living within 1,500 feel of the area. af1~j" consulting with the Acting
Cit)' Attorne)' 2!ld the Planning Department, it was determined that there would be no conflict of interest and he
::QuId participate.
Luis Hero:andez., Asso::iate Pla..'1Der, presented the staff reporl.
This being tbe time 2nd place as advertised, the public hearing W2.S de.:lartd open.
. Gloria Col:lz..sure. 573 E.2.st "J" Street, Cnul,a Vis:..2., CA. spoke i;1 O?POSilion to t":1: s~ff re::oIT'_'11enCAtion.
. Craig F~k""U)'a:T~. 2727 Heover Avenue, National Cit)', CA 91950, r~?:'~s~nting Rz...'1:ho del R~y L;vestors, L.P.,
O,",'D~rs of tn~ R2.D:bo deJ R~y proje.:t. sp:>k~ in favor of the staff re.:O;:J.:;lendation.
T!I~re being DO furth~r public testimony, the public h~ring wzs de..::12.:,~ dosed.
EXHIBIT "C"
/.2-"
Recording requested by and
please rerum to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
, . (This space for Recorder's use. only) .
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APN(s)
C.V. File No._RR-309
EASEMENT FOR DRAlNAGE AND SEWER PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Print Name(s) Rancho del Rey Investors, l.P.
hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation. in the County of San Diego, State of
California, an easement and right of way for, and the right to constrUct, maintain, operate, replace. remove or enlarge
sanitary sewers and appurtenant strUctures in, upon, over and across that cettam real property situated in said Ci[}'
of Chula Vista and more particularly described as follows:
See Exhibit "A" attached heretc and made a part hereof
Together with the right to enter upon and to pass and repass over and along said easement and right of way and to
deposit tools, implements and other materials thereon by said City of Chula Vista, its officers. agents and employees
and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the
purposes set forth above.
Signedthis 11fi dayof!.Erem6er 191'b
...see {[Haded ..s~qn "lure PVe..-
(Notary Acknowledgment required for each signatory.)
This is to cerrify that the interest in real property conveyed herein to the City of Chu/a Vista. a governmental agency,
is hereby accepted by the undersigned. City Clerk, on behalf of the Chu/a Vista City Council pursuant to authority
conferred by Reso/alion No. 15645 of said Council adopted on June 5. 1990. and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
BEVERLY A. AUTHELET, CITY CLERK
Date:
1..2. - 7
)E ][ I8I TI JB TI~ 99 JD) 9$)
By:
RANCHO DEL REY INVESTORS, L.P.,
a California Limited Partnership
By: McMillin Project Services, Inc.
a California Corporation, Attorney In Fact
under a durable power of Attorney
By:
Its:
By:~8~
v. I.
Its:
1:2- ~
'- f L' f) r' <:ewer PurpaseS
~ase/nen Tor rornOje T - /
STATE OF CALIFORNIA
COUNTY OF Sa r, J) / e:; 0
On f)ecefl) 6er 4, I C; 11 ~
Joyce A. Brock., NoTary 1&61;0
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before me,
personally appeared 7h CJ 1'1) ru ! / e r '
------;:ennefn J. 0c:ree-rCJn ,
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personally known to me (or prov,d tv un' UIl {he basis ofsalisfaclUlY evid".lce) to be the person(s)
whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hisIftef/their authorized capacity(ies), and that by hi3lher/their signature( s) on
the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seaL
Signature ~ d'. ~
{/
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~ JOVCEA, BROCK
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.. COMM, 1-989471 II!
II " : NClTARV~ :is
I s 1> SAN OISGO cQl.8lffV ..
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use/rJ("'r! T .fer Jrt7>/J:fe <! Sewer Atr70Se,s-
EXHIBIT "A"
W.O. 95-043
DECE1vrnER 4. 1996
LEGAL DESCRIPTION
DRAINAGE A.i~D SEWER EASEMENT
IN LOT 14 OF MAP NO. 13176
ALL THAT PORTION OF LOT 14 OF OlliLA VISTA TRACT NO. 90-02 OF RAN'CHO DEL
REY SPA III, MASTER FINAL MAP NO. 13176 RECORDED DECEMBER 14. 1994 ON
FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY IN THE
CITY OF CHULA VISTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 15 OF CHULA VISTA
TRACT NO. 90-02 OF RAl'iCHO DEL REY SPA ill, MASTER FINAL MAP NO. 13176,
POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF PAS EO RANCHERO;
THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF PASEO RANCHERO NORTH
04019'26" EAST, 85.05 FEET; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY OF
PASEO RANCHERO NORTH 89012'46" WEST, 208.94 FEET; THENCE NORTH 83052' 17"
WEST, 361.80 FEET; THENCE SOUTH 84055'14" WEST, 93.20 FEET; THENCE SOUTH
66050'05" \VEST, 68.59 FEET; THENCE SOUTH 79038'57" WEST. 161.53 FEET TO THE
TRUE POINT OF BEGINNING. POINT ALSO BEING THE BEGINNING OF A NON-
TANGENT 228.00 FOOT RADIUS CURVE CONCAVE WESTERLY AND TO WHICH
BEGI1'>JNING A RADIAL LINE BEARS NORTH 85044'19" EAST; THENCE GOING
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04039'55" AN
ARC DISTANCE OF 18.56 FEET; THENCE SOUTH 00024'14" WEST, 119.71 FEET TO THE
BEGINNING OF A TANGENT 172.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERL Y; THENCE GOING SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 24006'07" AN ARC DISTANCE OF 72.35 FEET; THENCE SOUTH
23041'53" EAST, 44.19 FEET; THENCE SOUTH 68025'01" EAST, 28.15 FEET; THENCE
NORTH 66051 '50" EAST, 13.05 FEET; THENCE SOUTH 23008' 10" EAST, 56.00 FEET;
THENCE SOUTH 66051'50" WEST, 11.02 FEET; THENCE SOUTH 16008'42" EAST, 91.00
FEET; THENCE SOUTH 54034'12" EAST, 45.00 FEET; THENCE SOUTH 24001 '27" EAST,
105.00 FEET; THENCE SOUTH 65058'33" WEST, 30.00 FEET; THENCE NORTH 24001 '27"
WEST, 105.76 FEET; THENCE NORTH 35019'58" WEST, 40.00 FEET; THENCE NORTH
)6008'42" WEST. 90.00 FEET; THENCE SOUTH 66051'50" WEST, 74.11 FEET TO THE
BEGINNING OF A TANGENT 228.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;
THENCE GOING WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 41051'03" AN ARC DISTANCE OF 166.54 FEET; THENCE NORTH 71011'06" WEST,
91.26 FEET; THENCE SOUTH 21018'18" WEST, 47.64 FEET TO THE BEGINNING OF A
NON-TANGENT 117.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND TO
WHICH BEGINNING A RADIAL LINE BEARS NORTH 17024'29" EAST; THENCE GOING
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09052'55" AN
ARC DISTANCE OF 20.27 FEET; THENCE NORTH 21018'18" EAST, 105.73 FEET TO THE
BEGINNING OF A NON-TANGENT 228.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY AND TO WHICH BEGINNING A RADlAL LINE BEARS NORTH
16030'55" EAST; THENCE GOING EASTERLY ALONG SAID CURVE THROUGH A
I,) -/f)
EXHIBIT "A"
CENTRAL ANGLE OF 02011 '59" AN ARC DISTANCE OF 8.75 FEET; THENCE SOUTH
71017'06" EAST, 100.00 FEET TO THE BEGINNING OF A TANGENT 172.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY; THENCE GOING EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 38031 '22" AN ARC DISTANCE OF 115.64
FEET; THENCE NORTH 23014'49" EAST, 29.23 FEET; THENCE NORTH 23041 '53" WEST,
42.99 FEET TO THE BEGINNING OF A TANGENT 228.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY; THENCE GOING NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 24006'07" AN ARC DISTANCE OF 95.91 FEET;
THENCE NORTH 00024'14" EAST, 119.71 FEET TO THE BEGINNING OF A TANGENT
172.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE GOING NORTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06003'10" AN ARC
DISTANCE OF 18.17 FEET; THENCE NORTH 45013'52" EAST, 67.07 FEET TO THE
BEGINNING OF A NON-TANGENT 228.00 FOOT RADIUS CURVE CONCAVE
WESTERLY AND TO WHICH BEGINNING A RADIAL LINE BEARS NORTH 73039'15"
EAST; THENCE GOING SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 12005'04" AN ARC DISTANCE OF 48.09 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 0.97 ACRES
/.,)..JJ
EXHIBIT "A"
. PFJOPOSED
CHULA VJErrA TF1Ac-r NO. 96-05
RANuHD DEL REY, SPA III, PHASE j, UNIT 3
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J\;JAP No. -);3-176
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LEGEND
~ C"/ M INDICATES DRAINAGE AND SEWER EASE MEN 1 GRANTED IIEREON
(AREA = D.971 AC.)
CURVE DATA
CURVE RADIUS LENGTH DELTA
Cl 228.00 18.56' 04'39 55
C2 1 72. OQ' 72.35' 24'06'07"
C3 228.00' 166,54' 41'51'03"
C4 117,50 20.27' 09'5255
C5 228.00' B,75' 02'11'59"
-C6 172.00' , 115.64' 3B'31'22"
C7 22B,OO 95.91' 24'0607
CB 172.00' lB,I7' 06'03'10"
C9 22B.00' 4B,09' 12'05'04"
"'s,
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NOTE
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LINE DATA
LINE DIRECTION DISTANCE
LI N04'19'26"E 85,05'
L2 NB9'12' 46"W 20B.94'
L3 NB4'55'14"E 93,20
L4 N66'50 05 E 68,59'
L5 N79'3B 57 'E 161.53'
L6 NOO'24'14"E 119,71'
L7 N23'4I'S3"W 44.19'
LB N6B'2S 01 "w 2B,IS
L9 N66'51 50 E 13,05
LID N23'OB 10 'w 56.00'
L11 1<66'51 '50"E 11.02'
L12 NI6'OB'42"W 91.00
L13 1<54'3412 W 45,00
L14 N24'01'27"W 105,00'
LIS N6S'SB'33''E 30,00'
L16 N24'OI'27"W IOS.76'
L17 N35'19'5B"W 40,00'
LIB NI6'OB'42"W 90,00'
L19 N66'SI '50"E 74,11
L20 N71'1706"W 91.26'
L21 I<21'IB 18 E 47,64
L22 N21'1B'IB"E 10S.73'
L23 N71'17'06"W 100,00
L24 N23'I4' 49"E 29,23'
L2S N23'41 53 W 42,99
L26 NOO'24 14"E 119,71'
L27 N4S'I3'52"E 67,07'
L2B R NI9'4B'2B"W R
L29 R NI6'30'55"E R
L30R NB4'21'04"E R
([) DRAINAGE AND SEWER EASEMENT
GRANTED PER PROPOSED CHULA
"STA TRACT 1<0. 96-05, RANCHO
DEL REY SPA 111, PHASE I, UNIT 3
@ t or IS' SEWER I< ACCESS EASEMENT
10 THE CITY OF CHULA VISTA REC,
5-04-92 AS DOC, K 1992-0263421,
OR, AS SHOWN ON MAP NO. 13176
VICINITY MAP
NO SCALE
DRAINAGE AND StWER EASEMENT:
IN LOT 14 OF MAP NO. 13176.
200 0 100
~.....J'
GRAPHIC
'"
I
SCALE:
1"~
'00
I
200'
'00
=d
c\,n1"\'S-011\J(SIolT-O~
/e2 - /;J..
RR - 309
RESOLUTION NO.
/~..5I ')
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 96-05 RANCHO DEL REY SPA III, PHASE I,
UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP,
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA
THE OPEN SPACE LOTS GRANTED ON SAID MAP,
ACCEPTING THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 96-05, RANCHO DEL REY SPA III, PHASE 1,
UNIT 3, and more particularly described as follows:
Being a subdivision of portions of Lots 14 and 15 of
Chula vista Tract No. 90-02 Rancho Del Rey SPA III,
Master Final Map, in the City of Chula Vista, County of
San Diego, State of California, according to the Map
thereof No. 13176, filed in the office of the County
Recorder of San Diego County, December 14, 1994
Area: 16.533 acres
Numbered Lots: 120
No. of Lots: 122
Lettered Lots: 2
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Calle Dulce,
Calle De Damasco, Calle Santiago, Via Verde, Via Cedro, Via
Toscana, Via Terecina and a portion of East "H" Street, and said
streets are hereby declared to be public streets and dedicated to
the public use.
BE IT FURTHER RESOLVED that Lots A and B are hereby
accepted for Open Space and other public uses.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula vista the easements with the right
of ingress and egress for drainage facilities, street tree planting
and maintenance, general utility easement within Open Space Lots A
and B, all as granted and shown on said map within said
SUbdivision, subject to the conditions set forth thereon.
1
/~/9 - /
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said council; that said council
has approved said subdivision map, and that said public streets are
accepted on behalf of the public as heretofore stated and that said
lot are dedicated for Open Space and other public uses and are
accepted on behalf of the city of Chula vista and that those
certain easements with the right of ingress and egress for the
construction and maintenance of drainage facilities, street tree
planting, as granted thereon and shown on said map wi thin said
subdivision is accepted on behalf of the City of Chula vista as
hereinabove stated.
BE IT FURTHER RESOLVED that the city Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of December, 1996, for
the completion of improvements in said subdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista be, and is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
c~~,~~ {~
John M. Kaheny, city
Attorney
John P. Lippitt, Director of
Public Works
c: \rs\RDRIII1.3
2
I;J. -1 ",2..
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this '10 day of
December ,199~, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "city", and RDR
Investors, L.P., a California limited partnership, 2727 Hoover
Avenue, National City, Ca. 91950, hereinafter called "Subdivider".
liJ.THli~~liTl!-,-
WHEREAS, Subdivider is about to present to the City Council of
the city of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Rancho
Del Rey SPA III, Phase 1, unit 3, pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the county
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with city, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula vista
Municipal code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /e:<~ ~3
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 18366, approved on the 16th day of
July, 1996 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for construction,
installation and completion of said public improvement work have
been prepared and submitted to the City Engineer, as shown on
Drawings Nos. 96-207 through 96-213 inclusive ("Public
Improvements") , and on Drawings Nos. 96-310 through 96-328 for the
Community Trails improvements ("Community Trails Improvements"), on
file in the office of the City Engineer and referred to
collectively as ("Improvement Work"); and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of Nine Hundred
Ninety-Four Thousand, Nine Hundred Ninety Dollars ($994,990) for
the Public Improvement Work and Seven Hundred sixty Thousand, Seven
Hundred Dollars ($760,700) for the Community Trails Improvements.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. SUbdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the
"Improvement Work"; and will furnish the necessary materials
therefor, all in strict conformity and in accordance with the plans
and specifications, which documents have heretofore been filed in
the Office of the City Engineer and by this reference are
incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
-2-
/,;l /7.. ~
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the city Engineer has certified in writing the
completion of the Improvement Work or the portion thereof serving
said building or structures approved by the city; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the city of Chula vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Four Hundred Ninety-Seven Thousand Four Hundred Ninety-Five
Dollars ($497,495) for the Public Improvement Work and Three
Hundred Eighty Thousand Three Hundred Fifty Dollars ($380,350) for
the Community Trails Improvements, which security shall guarantee
the faithful performance of this contract by Subdivider and is
attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of Four Hundred Ninety-Seven Thousand Four Hundred Ninety-Five
Dollars ($497,495) for the Public Improvement Work and Three
Hundred Eighty Thousand Three Hundred Fifty Dollars ($380,350) to
secure the payment of material and labor in connection with the
installation of the Community Trails Improvements, which security
is attached hereto, marked Exhibit "B" and made a part hereof and
the bond amounts as contained in Exhibit "B", and made a part
hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of Eighteen Thousand Two Hundred Dollars ($18,200) to secure the
installation of monuments, which security is attached hereto,
marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
-3- /~--5
such specifications herein contained or referred, or at the option
of the city, as are approved by the city council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
city, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the city any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the city of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the city Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with city a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by city,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by city, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
-4-
/eJ~ ,?
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
city, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by city of any responsibility for such
damage or taking, nor shall city, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the city or its agents, officers, and employees from any claim,
action, or proceeding against the city or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
city, advisory agency, appeal board, or legislative body concerning
a sUbdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS
agreement to be
forth.
WHEREOF, the parties hereto have caused this
executed the day and year first hereinabove set
THE CITY OF CHULA VISTA
SUBDIVIDER: RANCHO DEL REY
INVESTORS, L.P.
~d~
~d~
Mayor of the City of Chula
vista
ATTEST
!
~~ r\A.fh~
city Attorney
+~~
by: McH,'//'";, Prqject Serv,c~.z;
"" C'v,./;(;rn,'t9. 4r{X>Y"t::lt'D"7/ " '
Itllorn~ /n Pacf c"'7der ^-
4"o',6/~ Power 1 #lforney.
(Attach Notary Acknowledgment)
City Clerk
Approved as to form by
-5-
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bonds
Amount: $497,495
$380,350
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bonds
Amount: $497,495
$380,350
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount: $ 18,200
Securities approved as to form and amount by
& "I/\;\ A ~ '+-----Q
city Attorney
L""
,
Improvement Completion Date:
Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
C:\ag\RDRPh1.3.sia
-6-
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STATE OF CALIFORNIA
COUNTY OF Sa n lJ i eq 0
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On
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before me,
JOyce .A. BrocK. /lot-art Public.-
personally appeared
morn Fu (/er
f .lJenald I. KI7OY'
personally known to me (or JlTOYllg t9 mil 9R tRe easis efsatisfuetory evieeflce) to be the person(s)
whose name(s) islare subscribed to the within instrument and acknowledged to me that hefshe/they
executed the same in his/I.", /lheir authorized capacity(ies), and that by ~/their signature( s) on
the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seaL
Signature ~ t:{.~
II
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/-2/1 - tt
RESOLUTION NO. / {{' ...51 ff"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
96-05, RANCHO DEL REY, SPA III, PHASE 1, UNIT
3, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the developer of Rancho del Rey, SPA III, Phase
1, Unit 3, has executed a Supplemental Subdivision Agreement to
satisfy the following conditions of Resolution 18366:
1. Condition No. 24 of the resolution requires developer to agree
that the City may withhold building permits for the subject
subdivision if anyone of the following occur:
A.
Regional development threshold limits
Chula vista Transportation Phasing
reached.
set by the East
Plan have been
B.
Traffic volumes, levels
and/or serVlces exceed
standards in the then
Ordinance.
of service, public utilities
the adopted City threshold
effective Growth Management
C. The required public facilities, and identified in the
PFFP or as amended or otherwise conditioned have not been
completed or constructed to satisfaction of the City.
2. Condition No. 25 of the resolution requires developer to agree
to defend, indemnify and hold harmless the City and its
agents, officers and employees, from any claim, action or
proceeding against the city.
3. Condition No. 26 of the resolution requires developer to agree
to hold the City harmless from any liability for erosion,
siltation or increase flow of drainage resulting from this
project.
4. Condition No 27 of the resolution requires developer to agree
to ensure that all franchised cable television companies are
permitted equal opportunity to place conduit and provide cable
service to each lot within the subdivision.
5. Condition No. 28 of the resolution requires developer to agree
to provide, prior to issuance of any building permits, a noise
study addressing noise impacts generated by major streets
surrounding the project.
-1-
/:1.8-/
6. Condition No. 29 of the resolution requires developer to agree
to provide the initial cycle of fire management and brush
clearance in areas of the site adjacent to natural open space
prior to issuance of building permits.
7. Condition No. 30 of the resolution requires developer to agree
to install fire hydrants at every 500 ft and make them
operable prior to delivery of combustible building materials.
8. Condition No. 32 of the resolution requires developer to
submit a list of all facilities located on open space lots to
be maintained by the existing open space landscape maintenance
district.
9. Condi tion No. 52 of the resolution requires developer to
comply, implement and remain in compliance with the mitigation
measures required by the Environmental Impact Report FEIR-89-
10.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula vista Tract 96-05,
Rancho del Rey, SPA III, Phase 1, unit 3, a copy of which is on
file in the office of the city Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the city of Chula
vista be, and is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
!,
,J,---^----- ~o J~
John M. Kaheny, city IU
Attorney
John P. Lippitt, Director of
Public Works
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RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to a
public agency of less than a fee interest for which no
cash consideration has been paid or received.
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
Rancho del Rey SPA III, Phase 1, Unit 3
1h This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
'f - day of Dec-. , 1996, by and between THE CITY OF CHULA VISTA,
California ("City" or "Grantee" for recording purposes only) and RANCHO DEL REY
INVESTORS, L.P., a California limited partnership ("Developer" or "Grantor" for recording
purposes only), with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
A. This Agreement concerns and affects real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). Property is also commonly known as Rancho del Rey SPA III Parcel Phase I,
Unit 3, a proposed land development project ("Project"). For purposes of this Agreement, the
term "Project" shall include the term "Property."
B. Developer is the owner of the Property.
C. City has approved a Tentative Subdivision Map commonly referred to as Rancho
Del Rey SPA III Parcel R-7, Chula Vista Tract 96-05 ("Tentative Subdivision Map") for the
subdivision of the Property.
D. City has adopted Resolution No. 18366 ("Resolution") pursuant to which it
approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the Resolution. The description of the conditions in this recital section of this
Agreement is intended only to summarize and paraphrase such conditions in the Resolution, and
is not intended herein to modify or explain them, and is not intended as a basis for interpreting
them.
E. Developer is ready to file finals maps for the Property (the "Final Map") and by
this Agreement will satisfy a number of conditions of the Resolution required to be satisfied
prior to the filing of the Final Map.
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F. Condition No. 24 of the Resolution requires Developer to agree that the City may
withhold building permits for the subject subdivision if anyone of the following occur:
1. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of service, public utilities and/or services exceed
the adopted City threshold standards in the then effective Growth
Management Ordinance.
3. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to
satisfaction of the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the
City Planning Director and Public Works Director.
G. Condition No. 25 of the Resolution requires Developer to agree to defend,
indemnify and hold harmless the City and its agents, officers and employees, from any claim,
action or proceeding against the City, or its agents, officers or employees to attack, set aside,
void or annul any approval by the City, including approval by its Planning Commission, City
Councilor any approval by its agents, officers, or employees with regard to this subdivision
pursuant to Section 66499.37 of the State Map Act provided the City Promptly notifies the
subdivider of any claim, action or proceeding and on the further condition that the City fully
cooperates in the defense.
R. Condition No. 26 of the Resolution requires Developer to agree to hold the City
harmless from any liability for erosion, siltation or increase flow of drainage resulting from this
project.
1. Condition No. 27 of the Resolution requires Developer to agree to (i) ensure that
all franchised cable television companies ("Cable Company") are permitted equal Opportunity
to place conduit and provide cable television service to each lot within the subdivision and (ii)
when directed by the City, restrict access to the conduit to only those franchised cable television
companies who are, and remain in compliance with, all of the terms and conditions of the
franchise and which are in further compliance with all other rules, regulations, ordinances and
procedures regulating and affecting the operation of cable television companies as same may
have been, or may from time to time be issued by the City of Chula Vista.
J. Condition No. 28 of the Resolution requires Developer to agree to provide, prior
to issuance of any building permits a noise study addressing noise impacts generated by major
streets surrounding the project (East "R" StreetlPaseo Ranchero). Developer shall take the
necessary measures to preclude interior noise levels over 45 dBA and shield all exterior privatecopen space with solid masonry walls and or buildings to limit noise exposure to 65 dBA.
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K. Condition No. 29 of the Resolution requires Developer to agree to provide the
initial cycle of fire management! brush clearance in areas of the subject site adjacent to natural
open space to the satisfaction of the Fire Marshal and the Director of Parks and Recreation
Department prior to issuance of building permits.
L. Condition No. 30 of the Resolution requires Developer to agree to install fire
hydrants at every 500 ft and make them operable prior to delivery of combustible building
materials. Exact location of fire hydrants shall be reviewed and approved by the Fire Marshall
prior to installation.
M. Condition No. 32 of the Resolution requires Developer to submit a list of all
facilities located on open space lots to be maintained by the existing open space landscape
maintenance district. This list shall include a description, quantity and unit price per year for
the perpetual maintenance of all facilities located on open space lots to include but not be limited
to: walls, fences, water fountains, lighting structures, paths, access roads, drainage structures
and landscaping. Only those items on an open space lot are eligible for open space maintenance.
Each open space lot shall also be broken down by the number of acres of turf, irrigated, and
non-irrigated open space to aid the estimation of a maintenance budget thereof.
N. Condition No. 52 of the Resolution requires Developer to comply, implement and
remain in compliance with the mitigation measures required by the Environmental Impact Report
FEIR-89-10 and addendum which are hereby incorporated into this resolution by reference. Any
measure not satisfied by specific condition of this resolution or by the project design should be
implemented to the satisfaction of the Director of Planning. Mitigation measures shall be
monitored via Mitigation Measures Monitoring Program approved in conjunction with FEIR-89-
10. Modification of the sequence of mitigation shall be at the discretion of the Director of
Planning should changes in circumstances warrant such revision.
O. City is willing, on the premises, security, terms and conditions herein contained
to approve the Final Maps as being in substantial conformance with the Tentative Subdivision
Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties as to any or
all of the Property until released by the mutual consent of the parties.
1.2 The burden of the covenants contained in this Agreement ("Burden") is for
the benefit of and in favor of the Property and the City, its successors and assigns and any
successor in interest thereto. City is deemed the beneficiary of such covenants for and in its
own right and for the purposes of protecting the interest of the community and other parties,
public or private, in whose favor and for whose benefit of such covenants running with the land
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have been provided without regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are breached, the City shall have the right
to exercise all rights and remedies and to maintain any actions or suits at law or in equity or
other proper proceedings to enforce the curing of such breach to which it or any other
beneficiaries of this Agreement and the covenants may be entitled.
(a) Developer Release on Guest Builder Assignments. If Developer
assigns any portion of the Project, Developer may have the right to obtain a release of any of
Developer's obligations under this Agreement, provided Developer obtains the prior written
consent of the City to such release. Such assignment shall, however, be subject to this
Agreement and the Burden of this Agreement shall remain a covenant running with the land. The
City shall not withhold its consent to any such request for a release so long as the assignee
acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of
Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City,
its ability to perform its obligations under this Agreement as it relates to the portion of the
Project which is being acquired by the Assignee.
(b) Partial Release of Developer's Assignees. If Developer assigns
any portion of the Project subject to the Burden of this Agreement, upon request by Developer
or its assignee, the City shall release the assignee of the Burden of this Agreement as to such
assigned portion if such portion has complied with the requirements of this Agreement and such
partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder
of the Burden will be completed.
2. Condition No. 24 - Building Permits. In satisfaction of Condition No. 24 of the
Resolution, the Developer agrees that the City may withhold building permits for the subject
subdivision if anyone of the following occur:
2.1 Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
2.2 Traffic volumes, levels of service, public utilities and/or services exceed
the adopted City threshold standards in the then effective Growth
Management Ordinance.
2.3 The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to
satisfaction of the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the
City Planning Director and Public Works Director.
3. Condition No. 2S - Subdivision Map Indemnity. In satisfaction of Condition
No. 25 of the Resolution, the Developer agrees that, on the condition that City shall promptly
notify the Developer of any claim, action or proceeding, and on the further condition that City
fully cooperates in the defense, Developer shall defend, indemnify and hold harmless the City
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fully cooperates in the defense, Developer shall defend, indemnify and hold harmless the City
and its agents, officers and employees, from any claim, action or proceeding against the City,
or its agents, officers or employees to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Councilor any approval by its agents,
officers, or employees with regard to this subdivision, which action is brought within the time
period provided for in Section 66499.37 of the State Map Act.
4. Condition No. 26 - Erosion, Siltation and Drainage. In satisfaction of
Condition No. 26 of the Resolution, the Developer agrees that, on the condition that City shall
promptly notify the Developer of any claim, action or proceeding, and on the further condition
that City fully cooperates in the defense, Developer shall hold the City harmless from any
liability for erosion, siltation or increase flow of drainage resulting from this project.
5. Condition No. 27 - Cable Television Easements. In satisfaction of Condition
No. 27 of the Resolution, the Developer agrees to permit all cable television companies
franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable
television service for each lot or unit within the Project. Developer further agrees to grant, by
license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista,
conditional access to cable television conduit within the properties situated within the Project
only to those cable television companies franchised by the City of Chula Vista the condition of
such grant being that (a) such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and does not require the
trenches to be reopened to accommodate the placement of such conduits; and (b) any such cable
company is and remains in compliance with, and promises to remain in compliance with, the
terms and conditions of the franchise and with all other rules, regulations, ordinances and
procedures regulating and affecting the operation of cable television companies as same may
have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby
conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as
the City determines appropriate, including revocation of said grant upon a determination by the
City of Chula Vista that they have violated the conditions of the grant.
6. Condition No. 28 - Noise. In satisfaction of Condition No. 28 of the Resolution,
the Developer agrees to provide a noise study addressing noise impacts generated by major
streets surrounding the project (East "H" Street!Paseo Ranchero) and take the necessary
measures to preclude interior noise levels over 45 dBA and shield all exterior private open space
with solid masonry walls and or buildings to limit noise exposure to 65 dBA prior to issuance
of any building permits for this project.
7. Condition No. 29 - Fire Management. In satisfaction of Condition No. 29 of
the Resolution, the Developer agrees to provide the initial cycle of fire management! brush
clearance in areas of the subject site adjacent to natural open space to the satisfaction of the Fire
Marshal and the Director of Parks and Recreation Department prior to issuance of building
permits.
8. Condition No. 30 - Fire Hydrants. In satisfaction of Condition No. 30 of the
Resolution, the Developer agrees to install fire hydrants at every 500 ft or as approved on
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improvement plans and make them operable prior to either the issuance of any building permit
for this Project or the delivery of combustible building materials, whichever comes first. Exact
location of fire hydrants shall be reviewed and approved by the Fire Marshall prior to
installation.
9. Condition No. 32 - Open Space Lots. In satisfaction of Condition No. 32 of the
Resolution, the Developer agrees to submit upon request by the City Engineer, a list of all
facilities located on open space lots to be maintained by the existing open space landscape
maintenance district. This list shall include a description, quantity and unit price per year for
the perpetual maintenance of all facilities located on open space lots to include but not be limited
to: walls, fences, water fountains, lighting structures, paths, access roads, drainage structures
and landscaping. Only those items on an open space lot are eligible for open space maintenance.
Each open space lot shall also be broken down by the number of acres of turf, irrigated, and
non-irrigated open space to aid the estimation of a maintenance budget thereof.
10. Condition No. 52 - Mitigation Measures. In satisfaction of Condition No. 52
of the Resolution, the Developer agrees to comply, implement and remain in compliance with
the mitigation measures required by the Environmental Impact Report FEIR-89-l0 and addendum
which are hereby incorporated into this resolution by reference. Any measure not satisfied by
specific condition of the Resolution or by the project design should be implemented to the
satisfaction of the Director of Planning. Mitigation measures shall be monitored via Mitigation
Measures Monitoring Program approved in conjunction with FEIR-89-1O. Modification of the
sequence of mitigation shall be at the discretion of the Director of Planning should changes in
circumstances warrant such revision.
11. Compliance With Unfulfilled Conditions. Developer agrees to comply with all
the conditions of the Tentative Subdivision Map applicable to the Property which remain
unperformed or unfulfilled at the time of the filing of the Final Maps.
12. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction of Developer's obligation of Conditions 24, 25, 26, 27, 28, 29, 30, 32
and 52 of the Resolution.
13. Recording. This Agreement, or an abstract hereof prepared by either or both
parties, may be recorded by either party.
14. Miscellaneous.
14.1 Notices. Unless otherwise provided in this Agreement or by law, any and
all notices required or permitted by this Agreement or by law to be served on or delivered to
either party shall be in writing and shall be deemed duly served, delivered, and received when
personally delivered to the party to whom it is directed, or in lieu thereof, when three (3)
business days have elapsed following deposit in the U.S. mail, certified or registered mail,
return receipt requested, first-class postage prepaid, addressed to the address indicated in this
Agreement. A party may change such address for the purpose of this paragraph by giving
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written notice of such change to the other party. Facsimile transmission shall constitute personal
delivery.
City:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of Public Works
Developer:
RANCHO DEL REY INVESTORS, L.P.
% McMillin Project Services, Inc.
2727 Hoover Avenue
National City, California 91950
Attn: Rancho del Rey Project Manager
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph. Facsimile transmission
shall constitute personal delivery.
14.2 Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this Agreement or any of
its terms.
14.3 Entire Agreement. This Agreement contains the entire agreement between
the parties regarding the subject matter hereof. Any prior oral or written representations,
agreements, understandings, and statements shall be of no force and effect. This Agreement is
not intended to supersede or amend any other agreement between the parties unless expressly
noted.
14.4 Preparation of Agreement. No inference, assumption or presumption
shall be drawn from the fact that a party or his attorney prepared or drafted this Agreement.
It shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting this Agreement.
14.5 Recitals; Exhibits. Any recitals set forth above are incorporated by
reference into this Agreement.
14.6 Attorneys' Fees. In the event of any dispute ansmg out of this
Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in
addition to any other costs, damages, or remedies.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execute
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
RANCHO DEL REY INVESTORS, L.P.,
a California limited partnership
~ v\A..(~~
John M. Kaheny
City Attorney
Lb--
v
By: McMillin Project Services, Inc.,
a California corporation, as Attorney-In-
Fact under Durable Power of Attorney
By: ~ Sk~a.-1-
Name: 7i Or>? hJ//er
Title: vI?
1 , / !
f!~(g/I:?-/-
])N...'#-L[) L., klJ?'X
s.r "-', t7t ViCE P/!.-E~,/JE,u I
By:
Name:
Title:
By:
Shirley Horton, Mayor
Attest:
Beverly Authelet,
City Clerk
Approved as to Form:
M:\Hom.e\At1orney\SSIA.RDR
/d. [l~/P
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On lJec. 4, 1ft//' before me
, ,
personally appeared 7hom PUller
Jdy'ce It. grack. , Notary Public,
( oor,t7ld L. .{'ntf>C'
, personally known to me (aT preYeG 19 IJ'P "n tile basis af 3ftti3faeteF)" c"idpnl"'<'} to
be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to
me that hef$e/they executed the same in hi-stherltheir authorized capacity(ies), and that by
ffi.sIllerltheir signature(s) on the instrument, the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Signature
~I[~
C."..... ". "." .......""..". ..,....~
~~..::... JOVCEA.E~CCI(
~ . COMM. ~a9471 m
l!: " .' NOTAA"{I'UllJCCMlfC>'NA ~
Ii " ~oc-GO~-
~ .....: .:::.. .~~.~7'~.crch~1: 1~7J
WITNESS my hand and official seal.
(Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On
personally appeared
, before me,
, Notary Public,
, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by
his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
1cJ./J- /1
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EXHIBIT "A"
Property Description
Being a subdivision of portion of lots 14 and 15 ofChula Vista Tract No. 90-02 Ranch Del Rey SPA
III, Master Final Map, In the City of Chula Vista, County of San Diego, State of California,
According to map thereof No. 13176 filed December 14, 1994, In the office of the county recorder
of San Dieg, State of California.
/c:J.o- /,)..
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/10/96
/J
ITEM TITLE:
Resolution /l?'>l7 Accepting bids and Awarding Contract for the
Purchase of Two Anodized Traffic Signal Cabinets with Signal Controller
and One Cabinet Without Signal Controller to John C. Henberger Company
and approving an option to purchase additional signal equipment through
June 30, 1998 at a price increase ot to exceed five percent.
SUBMITTED BY: Director of Public Work
REVIEWED BY: City Manage~ \?w' ~ (4/5ths Vote: Yes _ No~
On November 4, 1996, the City Purchasi~g De;rtrnent opened bids from two traffic signal
equipment suppliers to provide traffic signal cabinets and controllers for two new traffic signals
and one traffic signal modification project. A low bid of $37,279.35 was received from John C.
Henberger Company. Staff has reviewed the low bid, found it reasonable and recommends
awarding the purchase contract for said traffic signal equipment to John C. Henberger Company.
RECOMMENDATION: That Council approve the resolution accepting bids and awarding
contract for the purchase of two traffic signal cabinets with signal controllers and ane cabinet
without a signal controller to the low bidder, John C. Henberger Company and approving an
option to purchase additional signal equipment through June 30, 1998 at a price increase not to
exceed five percent.
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable.
DISCUSSION:
On November 4, 1996, City Purchasing staff opened bids from two traffic signal equipment
suppliers to provide traffic signal cabinets and controllers for two new traffic signal to be
installed on Telegraph Canyon Road at Buena Vista Way (CIP Project TF241) and Otay Lakes
Road at Rutgers Avenue (CIP Project TF247) and to replace the existing traffic signal cabinet at
East H Street and Otay Lakes Road (CIP Project STM322). The traffic signal cabinets to be
provided are anodized Model 332 with model 170E controllers. The equipment is to be installed
with construction of the traffic signal Capital Improvement Projects indicated which are scheduled
to start in early 1997.
Because of the long lead time required for procurement and testing of traffic signal controllers
and cabinets, the City of Chula Vista furnishes said equipment for all City traffic signal projects.
The average equipment delivery time is about 90 days while traffic signal construction projects
are usually completed within 45 working days or about 60 calendar days. In the past, if the
equipment was not tested and available for installation, the City would furnish the contractor a
spare controller in the interim until City testing of the new controller was complete. However,
this practice has the potential to affect staff s ability to complete emergency repairs. Therefore,
13-/
Page 2, Item
Meeting Date 12/10/96
the equipment is purchased by the City and tested in advance of award of contracts for the
installation of new traffic signals to eliminate the lead time.
In the past, the equipment has been procured through a purchase order since City code allows
staff to award contracts under $25,000. Since the cost of the equipment has been steadily
increasing beyond $25,000, Purchasing staff solicited bids to obtain the benefits of more
competitive pricing. Six bid packages were sent out. There were two responses as follows:
Bidder T.S. Cabinet T.S. Cabinet Sales Tax Net Total
w/Controller w/o Controller
John C. 31,644.00 2,954.00 2,681.35 37,279.35
Henberger
McCain Traffic 36,104.00 2,967.00 3,028.00 42,099.00
Supply
The low bidder, with a bid of $37,279.35, is John C. Henberger Company. The unit cost for each
cabinet with controller, including tax, is $17,048.21. The bid was structured in such a manner
as to allow additional purchases up to June 30, 1998. The bidder agreed to provide the controllers
at a price not to exceed a 5% maximum increase through that date, but that any actual increase
would be negotiated within that percentage. Since the previous price the City was paying before
the bids was $18, 048, including tax ($16, 750 x 1.0775) the future purchases, even including a
5% price increase ($17,048.21 x 1.05 = $17, 900.62), the purchase would be appropriate. Future
purchases are dependent upon the need based upon future CIP projects for traffic signal
installations or modifications.
Staff has reviewed the low bid, found it reasonable and recommends award of the contract to
purchase the necessary traffic signal equipment to the low bidder, John C. Henberger Company.
FISCAL IMP ACT: Funds for the purchase of the equipment have been budgeted and are
available from CIP Project Accounts as follows:
600-6005- TF241
600-6005- TF24 7
621-6210-STM322
Telegraph Canyon Rd./Buena Vista Way
Otay Lakes Road/Rutgers Avenue
Otay Lakes Road/East "H" Street
$17,048.21
17,048.21
3,182.93
Attachment:
Exhibit "A" 11/5/96 Memorandum
File: 0735-10 TF241, TF247
M:\HOME\ENGINEER\AGENDA\SIGCONT.RDJ
13"':2.
RESOLUTION NO.
/g'51'j
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE PURCHASE OF TWO ANODIZED
TRAFFIC SIGNAL CABINETS WITH SIGNAL CONTROLLER
AND ONE CABINET WITHOUT SIGNAL CONTROLLER TO
JOHN C. HENBERGER COMPANY AND APPROVING AN
OPTION TO PURCHASE ADDITIONAL SIGNAL EQUIPMENT
THROUGH JUNE 30, 1998 AT A PRICE INCREASE NOT
TO EXCEED FIVE PERCENT
WHEREAS, on November 4, 1996, the City Purchasing
Department opened bids from the following two traffic signal
equipment suppliers to provide traffic signal cabinets and
controllers for two new traffic signals and one traffic signal
modification project:
Bidder T.S. Cabinet T.S. Cabinet w/o Sales Tax Net Total
w/Controller Controller
John C. 31,644.00 2,954.00 2,681.35 37,279.35
Henberger
McCain Traffic 36,104.00 2,967.00 3,028.00 42,099.00
Supply
WHEREAS, a low bid of $37,279.35 was received from John
C. Henberger company and staff has reviewed the low bid and found
it reasonable and recommends awarding the purchase contract for
said traffic signal equipment to John C. Henberger Company.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby accept bids and award the contract
for the purchase of two anodized traffic signal cabinets with
signal controllers and one cabinet without a signal controller to
the low bidder, John C. Henberger Company in the amount of
$37,279.35.
BE IT FURTHER RESOLVED the City Council does hereby
approve an option to purchase additional signal equipment through
June 30, 1998 at a price increase not to exceed five percent.
BE
Chula vista
contract for
IT FURTHER RESOLVED that the Mayor of the city of
is hereby authorized and directed to execute said
and on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~ rv~Drt'J---Q
John M. Kaheny, city
I.r
A orney
C:\rs\signal.bid
/3-)
CXffrBl/ /4'"
MEMORANDUM
DATE
November 5, 1996
TO
Cliff Swanson, Dep Director ofPW/
City Engineer
SUBJECT
John P. Coggins, Purchasing Agen~
Traffic Signal Cabinets '(sf)
FROM
Bids for the purchase of two (2) Model 332 anodized traffic signal cabinets with model 170E enhanced
controller and cabinet components and one (1) without controller opened at 3:00 PM, November 4,
1996.
Six (6) bid packages were sent out, two (2) bidders responded as follows:
Bidder T.S. Cabinets T.S. Cabinet Sales Tax Net Total
w/Controller w/o Controller
John C. 31,644.00 2,954.00 2,681.35 37,279.35
Henberger Co.
McCain Traffic 36,104.00 2,967.00 3,028.00 42,099.00
Supply
John C. Henberger Co. is the low bidder. Unit cost for each cabinet with controller is $15,822.00 plus
73/4% sales tax 1,226.21 ($17,048.21). Terms are Net/30 days, delivery is estimated at 90 days after
receipt of order. Shipment to our yard is included as a requirement of the bid. Copy of the bid is
attached for your information.
John C. Henberger Co. has agreed to provide additional controllers through June 30, 1998, at a price
increase not to exceed 5%.
Please prepare the A-114 for Council and provide me with a copy. A purchase order will be processed
once Council approval has been obtained.
cc: Bob Powell, Director of Finance
Bill Ullrich, Sr Civil Engineer
c:\memos\bidtab2wpd
IJ-i
CITY OF CHULA VISTA
BID NO. 2-96/97
PAGE 3
BID FORM
THE UNDERSIGNED HEREBY OFFERS, SUBJECT TO ALL SPECIFICATIONS, TERMS AND CONDITIONS
HEREIN, TO FURNISH THE CITY OF CHULA VISTA THE FOLLOWING:
Item Qtr Description
Unit Cost
Extension
1)
2 Ea Model 332 annodized traffic signal
cabinet with model 170E enhanced
controller and cabinet components.
$ 1932.2"~ $ 3\Col{Lt~
2)
1 Ea Model 332 annodized traffic signal
cabinet without model 170E controller
and cabinet components. Cabinet will
be wired for full 8-phase operation.
$ Jq~>'1 ~ $ Jq5~ ~
.
(Note: DonotindudeSaJes Tax
in bid prices.)
Attachment: City ofChula Vista Traffic Signal Control
Equipment specifications dated 8-19-96.
% N~t 30
Days
Terms:
~,"
Delivery: ~ days after receipt of order.
F.O.B.: Destination - City ofChula Vista
Central Receiving
707 "F" Street
Chula Vista, CA 91910
Receiving hours - 7:30 am to 3:00 pm, Monday through Friday
The City may require purchase of additional cabinets with or without controllers through 6/30/98.
. Does Bidder agree to hold pricing firm through 6/30/98?
/
Yes
No
lfNo, indicate percentage increase not to be exceeded for additional purchases.
5 %
The city reseJVes the right to purchase additional cabinets and controllers, negotiate a more favorable
price discount, or obtain controllers from an alternate supplier. In the event of purchase of additional
controllers, all other terms and conditions of this agreement shall remain unchanged.
Next Page Must Be Completely Filled Out!!!
/;1;5
CITY OF CHULA VISTA
BID NO. 2-96/97
PAGE 4
Company Name
Address
. ~rt-/ (: /k/l~>:JZ/'t:Jt-
'/ b 9 t. Y; [f,f( Ell-a Jr;
~. Ide,
II
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City ~ I)N vrG6 ()
Telephone ~ ICj -"YC; y - .J1iY
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State (!If Zip th_ll)
Fax 0/9- h 7q -:;31 7
TitIe~
Date 1\ - %
.
J;J;(,
CITY OF CHULA VISTA
BID NO. 2-96/97
PAGE 1
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN, THAT SEALED PROPOSALS ON A FORM OBTAINED
FROM THE PURCHASING DMSION, 276 FOURTH AVENUE, CHULA VISTA,
CALIFORNIA, WILL BE RECEIVED AT THE PURCHASING OFFICE UNTIL 3:00 P.M.
ON THE fill DAY OF NOVEMRF.R. 1996 AT WHICH TIME THE PROPOSALS WILL
BE PUBLICLY OPENED AND READ FOR FURNISHING THE CITY OF CHULA
VISTA:
TRAFFIC SIGNAL CABINETS WITII
AND WITIIOUT CONTROLLERS
.
ALL BIDDERS ARE HEREBY REFERRED TO THE BIDDING INSTRUCTIONS,
GENERAL PROVISIONS, SPECIFICATIONS, AND TERMS AND CONDITIONS ON
FILE IN THE OFFICE OF THE PURCHASING DIVISION FOR FULL DETAILS AND
DESCRIPTION OF PRODUCTS OR MATERIALS REQUIRED.
THE CITY RESERVES THE RIGIIT TO REJECT ANY OR ALL BIDS OR ANY
PORTION OF ANY BID, OR TO WAIVE ANY IRREGULARITIES OR
INFORMALITIES IN THE BIDS OR IN THE BIDDING.
FOR FURTHER INFORMATION AND COPIES OF BIDDING INSTRUCTIONS,
SPECIFICATIONS, AND REQUIREMENTS, CONTACT THE PURCHASING DIVISION.
AU. BIDS MUST BE SUBMITTED IN SEALED ENVEU1PES PLAINLY MARKED
WITH THE BID NUMBER AND TIME SET FOR OPENING. BIDS RECEIVED
AFfER TIlE TIME SET FOR OPENING WIU. BE REJECTED.
JOHN P. COGGINS, C.P.M.
PURCHASING AGENT
DATED: OCTOBER 19, 1996
/;1--7
CITY OF CHULA VISTA
BID NO. 2-96/97
PAGE 2
BID AND OFFER TO CONTRACT
CITY OF CHULA VISTA
PURCHASING DIVISION
276 FOURTH AVENUE
CHULA VISTA. CA 91910
TELEPHONE (619) 691-5141
FAX (619) 691-5174
THE BIDDER, HEREINAFTER SOMETIMES CALLED CONTRACTOR, SUBMITS A BID AND OFFERS
TO ENTER INTO THIS CONTRACT WITH THE CITY OF CHULA VISTA, HEREINAFTER CALLED
CITY, TillS 4TH DAY OF NOVEMBER. 1996 AS FOLLOWS: .
TillS BID AND OFFER, SUBJECT TO THE SPECIFICATIONS, TERMS AND CONDITIONS
HEREIN, WHEN DULY ACCEPTED BY THE CITY SHALL CONSTITUTE THE CONTRACT
BETWEEN THE PARTIES.
IN CONSIDERATION OF THE PAYMENTS TO BE PROVIDED BY THE CITY, AND IN
ACCORDANCE WITH THE CONDITIONS EXPRESSED IN THE PROPOSAL
REQUIREMENTS, BID FORMS AND THE SPECIFICATIONS ATTACHED, CONTRACTOR
AGREES TO FURNISH TRAFFIC SIGNAL CABINETS WITH AND WITHOUT
CONTROLLERS TO THE CITY OF CHULA VISTA.
/J-g'
CITY OF CHULA VISTA
BID NO. 2-96/97
PAGE 3
BID FORM
THE UNDERSIGNED HEREBY OFFERS, SUBJECT TO ALL SPECIFICATIONS, TERMS AND CONDITIONS
HEREIN, TO FURNISH THE CITY OF CHULA VISTA THE FOLLOWING:
Item .Qtr Description
Unit Cost
Extension
1) 2 Ea Model 332 annodized traffic signal
cabinet with model 170E enhanced
controller and cabinet components.
$
$
2)
1 Ea Model 332 annodized traffic signal
cabinet without model170E controller
and cabinet components. Cabinet will
be wired for full 8-phase operation.
$
$
.
(Note: DonotincludeSalesTax
in bid prices.)
Attachment: City of Chula Vista Traffic Signal Control
Equipment specifications dated 8-19-96.
Terms:
%
Days
Delivery:
days after receipt of order.
F.O.B.: Destination - City ofChula Vista
Central Receiving
707 "F" Street
Chula Vista, CA 91910
Receiving hours - 7:30 am to 3:00 pm, Monday through Friday
The City may require purchase of additional cabinets with or without controllers through 6/30/98.
Does Bidder agree to hold pricing firm through 6/30/98?
Yes
No
If No, indicate percentage increase not to be exceeded for additional purchases.
%
The City reserves the right to purchase additional cabinets and controllers, negotiate a more favorable
price discount, or obtain controllers from an alternate supplier. In the event of purchase of additional
controllers, all other terms and conditions of this agreement shall remain unchanged.
Next Page Must Be Completely Filled Out!!!
13~1
CITY OF CHULA VISTA
BID NO. 2-96/97
PAGE 4
Company Name
Address
State
Zip
City
Telephone
Print Name
Fax
Title
Signature
Date
.
/3 '/0
Bid No. 2-96/97
Page 5
General Provisions
OTYOF
CHUIA VISTA
GENERAL PROVISIONS
PLEASE READ CAREFULLY
THESE PROVISIONS ARE A PART OF YOUR BID AND ANY CONTRACT AWARDED
The bidder agrees that:
A. Bidder has carefully exaroined the specifications, and all provisions relating to the item(s) to be furnished or the work to be done;
understands the meaning, intent, and requirements; and
B. Bidder will enter into a written contract and furnish the item(s) or complete the work in the time specified, and in strict
conformity with the City of Chula Vista specifications for the prices quoted.
Note:
Bidder is defmed as any individual, partnership, or corporation submitting a bid, proposal, or quotation in response to a request
for bid, request for proposal, or request for quotation. A bidder may also be referred to as consultant, contractor, supplier, or
vendor.
.
1.
Prices:
All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written with ink adjacent
to the error; corrections must be initialed in ink by the person signing the bid.
Bids shall indicate the unit price extended to indicate the total price for each item bid. Any difference between the unit price correctly
extended and the total price shown for all items bid shall be resolved in favor of the unit prices, except when the bidder clearly
indicates that the total price for all items bid is based on consideration of being awarded the entire lot and that an adjustment of the
total price is being made in consideration of receiving the entire bid.
2.
Bidder's Security:
A bid deposit in an aroount equal to at least 10% of the bid may be required as a bid security by the City. The bid security may only
be in cash, a cashier's check, a certified check made payable to the City ofChula Vista, or a bidder's bond. If the bid security is a
bond, it shall be executed by a surety insurer authorized to issue surety bonds in the State of California. The bid security must be
executed by the bidder and enclosed with the bid proposal in the sealed bid envelope.
3.
Items Offered:
[fthe item offered has a trade naroe, brand and/or catalog number, such shall be stated in the bid. If the bidder proposes to furnish
an item of a manufacturer or vendor other than that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog
number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that designated
even though the bid may state "or equal".
4.
Brand Names:
Whenever reference to a specific brand name is made, it is intended to describe a component that has been determined to best meet
operational, performance, or reliability standards of the City, thereby incorporating these standards by reference within the
specifications. An equivalent ("or equal") may be offered by the bidder, subject to evaluation and acceptance by the City. It is the
bidder's responsibility to provide, at bidder's expense, saroples, test data, or other documentation the City may require to fully
evaluate and determine acceptability of an offered substitute. The City reserves the sole right to reject a substituted component that
will not meet or exceed City standards.
5.
Samples:
Saroples may be required for bid evaluation and testing purposes. Bidders shall agree to provide saroples within forty-eight (48) hours
upon request and at no additional cost to the City.
6.
Verify Quotations:
Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted after the bid has been opened.
7.
Firm Prices:
Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation, the maximum limit
shall be shown, or the bid shall not be considered. In the event of a decline in market price below a price bid, the City of Chula Vista
shall receive the benefit of such decline.
J.J...//
Bid No. 2-96/97
Page 6
General Provisions
OIY OF
CHUlA VISTA
8. Modification or Withdrawal of Bids:
Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date specified for receipt of
bid. A bid may also be withdrawn in person by a bidder, or bidder's autborized representative, prior to tbe exact hour and date set
for receipt of bids. Telephone witbdrawals are not permitted.
9. Late Bids and Modifications or Withdrawals:
(a) Bids and modifications of bids (or witbdrawals tbereof, iftbis solicitation is advertised) received at tbe office designated in the
solicitation after tbe exact hour and date specified for receipt will not be considered unless: (J) they are received before award
is made; and eitber (2) they are sent by registered, express, or certified mail for which an official dated post office stamp
(postmark) on tbe original mail receipt has been obtained and it is determined by the City that tbe late receipt was due solely to
delay in themailsforwhichtbebidderwasnotresponsible;or(3)ifsubmittedbymail.itis determined by tbe City that the late
receipt was due solely to mishandling by the City after receipt, provided that timely receipt is established upon examination of
an appropriate date or time stamp (if any) or of otber documentary evidence of receipt (if readily available) witbin the control
oftbe City or of the Post Office serving it. However, a modification of a successful bid which makes the ferms oftbe bid more
favorable to tbe City will be considered at any time it is received and may thereafter be accepted.
(b) The time of mailing oflate bids submitted by registered, express, or certified mail shall be deemed to be the last minute of the
date shown in the postmark on the mail receipt or registered mail wrapper, unless tbe bidder furnishes evidence from the post
office station of mailing which establishes an earlier time.
10. Mistake in Bid:
(a) Iftbe bidder discovers a mistake in bid prior to tbe hour and date specified for receipt of bid, bidder may correct the mistake by
modifying or withdrawing tbe bid in accordance with Items 8 and 9 above.
(b) If witbin seventy-two hours of the bid closing and prior to the issuance of a purchase order or a contract, tbe apparent low and
best bidder discovers a mistake in bid of a serious and significant nature which is unfavorable to bidder, bidder may request
consideration be given to modifying tbe bid if it remains tbe lowest bid or to witbdrawal of tbe bid if the result of the correction
oftbe mistake makes another bidder lowest and best bidder. The mistake must be evident and provable. The right is reserved
by the City to reject any and all requests for correction of mistakes in bids received after tbe hour and date of tbe bid closing.
The decision of the Purchasing Agent is fmal as regards acceptance or rejection of requests for correction of bids.
(c) A mistake in bid cannot be considered once a purchase order or contract is issued.
11. Signature:
All bids shall be signed and tbe title and firm name indicated. A bid by a corporation shall be signed by an autborized officer,
employee or agent witb his or her title.
12. No Bids:
Ifno bid is to be submitted, tbe bid should be marked "No Bid" and returned to maintain the bidder's name in the vendor file for
future solicitations. A letter or postcard may be submitted. If a bidder fails to respond to a reasonable number of bids witbout
returning a "No Bid", tbe Purchasing Agent reserves tbe right to delete the bidder from tbe vendor file for future solicitations.
13. Alternative Proposals:
To be responsive to tbe bid, bidder must submit a proposal that meets all specific bid requirements. Once bidder has proposed a
product which is responsive to tbe specification, bidder may include witb tbe bid any additional proposals or alternative products tbat
bidder believes can meet or exceed the City's requirements and tbat may offer additional advantages, benefits, or cost savings. The
City reserves the right to evaluate, and accept orreject, such alternatives as tbough tbey were part oftbe original specifications without
advertising for further bids, when in tbe best interests oftbe City. Any awards so made will be based on operational and cost analysis
considerations that would result in the optimum economic advantage to the City.
14. Confidential Information:
Any information deemed confidential or proprietary should be clearly identified by the bidder as such. It may then be protected and
treated witb confidentiality only to tbe extent permitted by state law. Otherwise tbe information shall be considered a public record.
Information or data submitted with a bid will not be returned.
J3"'/dl-
General Provisions
~\f?
-r-:
mY OF
CHUlA VISTA
Bid No. 2-96/97
Page 7
15. Quality:
Unless otherwise required in the specifications, all goods furnished shall be new and unused.
16. Litigation Warranty:
The bidder, by bidding, warrants that bidder is not currently involved in litigation or arbitration concerning the materials or bidder's
performance concerning the same or similar material or service to be supplied pursuant to this contract of specification, and that no
judgments or awards have been made against bidder on the basis of bidder's perfonnance in supplying or installing the same or similar
material or service, unless such fact is disclosed to the City in the bid. Disclosure will not disqualify the bidder. The City reserves
the right to evaluate bids on the basis of the facts surrounding such litigation or arbitration and to require bidder to furnish the City
with a surety bond executed by a surety company authorized to do business in the State of California and approved by The City of
Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful perfonnance by bidder
of the contract in the event the bid is awarded to bidder, notwithstanding the litigation or arbitration.
17. Royalties, Licenses and Patents: .
Unless otherwise specified, the bidder shall pay all royalties, license and patent fees. The bidder warrants that the materials to be
supplied do not infringe any patent, trademark or copyright and further agrees to defend any and all suits, actions and claims for
infringement that are brought against the City, and to defend, indemnify and hold harmless the City from all loss or damages, whether
general, exemplary or punitive, as a result of any actual or claimed infringement asserted against the City, the bidder or those
furnishing material to bidder pursuant to this contract.
18. Performance Standards:
Perfonnance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction
of the City.
19. Warranties:
(a) All material, labor or equipment provided under the contract shall be warranted by bidder and/or manufacturer for at least twelve
(12) months after acceptance by City. Greater warranty protection will be accepted. Lesser warranty protection must be indicated
by bidder on the bid proposal as an exception.
(b) Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor applicable to the goods or
equipment provided by bidder under this bid or award, irrespective of whether bidder is an agent, broker, fabricator or
manufacturer's dealer. Bidder shall be responsible for ensuring that warranty work is perfonned at allocal agency or facility
convenient to City and that services, parts and labor are available and provided to meet City's schedules and deadlines. City may
require bidder to post a perfonnance bond after contract award to guarantee perfonnance of these obligations. Bidder may
establish a service contract with a local agency satisfactory to City to meet this obligation if bidder does not ordinarily provide
warranty service.
20. Addenda:
The effect of all addenda to the bid documents shall be considered in the bid, and said addenda shall be made part of the bid
documents and shall be returned with them. Before submitting a bid, each bidder shall ascertain whether or not any addenda have
been issued, and failure to cover in this bid any such addenda issued may render the bid invalid and result in its rejection.
21. Specifications to Prevail:
The detailed requirements of the specifications shall supersede any conflicting reference in these General Provisions which are in
conflict therewith.
22. Taxes:
The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for State, City and County Sales Taxes. Do
not include this tax in the amount bid. However, tax is to be added by the successful bidder to the net amount invoiced. All or any
portion of the City Sales Tax returned to the City will be considered in the evaluation of bids.
23. Conflict of Interest:
No City employee or elected or appointed member of City government, or member of the employee's immediate family, may
participate directly or indirectly in the procurement process pertaining to this bid if they:
1;$"/3
Bid No. 2-96/97
Page 8
General Provisions
OlYOF
CHUIA VISTA
(a) Have a [mancial interest or other personal interest which is incompatible with the proper discharge of their official duties in the
public interest or would tend to impair their independence, judgment or action in the performance of their official duties.
(b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder warrants to the best
of his knowledge that the submission of the bid will not create such conflict of interest. In the event such a conflict occurs, the
bidder is to report it immediately to the Purchasing Agent. For breach or violation of this warranty, the City shall have the right
to annul this contract without liability at its discretion, and bidder may be subject to damages and/or debarment or suspension.
24. Gratuities:
The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the form of entertainment,
gifts, or otherwise are offered or given by the bidder, or any agent or representative of the bidder, to any officer or employee of the
City with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this
agreement.
25. Faithful Performauce Bond:
The successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful performance of the
contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and
approved by the City of Chula Vista, an endorsed Certificate of Deposit, or a money order or a certified check drawn on a solvent
bank. The bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such bond or deposit
shall be forfeited to the City in the event that bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms
and conditions of the contract.
.
26. Insurauce:
Should work be required on City premises, bidder shall provide proof of liability and property damage insurance prior to performance
of duties. Coverage shall be from a company authorized to transact business in the State of California and shall be in an amount not
less than $1,000,000 combined single limit (CSL), unless otherwise specified. The City ofChula Vista shall be named as an additional
insured and thirty (30) days notice of cancellation shall be indicated. Worker's Compensation coverage for each employee engaged
in work on City premises is required. Bidder is solely responsible for all insurance premium payments.
27. Indemnification:
Bidder shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, and agents, from
and against all claims for damages, liability, and expenses (including attorney's fees) arising out of this agreement and/or bidder's
performance hereunder, except as to such damages, liability, and expenses due to the sole negligence or willful acts of the City, its
officers, employees or agents.
28. Award ofCoutract:
(a) Bids will be analyzed and award will be made to the lowest, responsive and responsible bidder whose bid conforms to the
solicitation and whose bid is considered to be most advantageous to the City, price and other factors considered. Factors to be
considered may include, but are not limited to: bidder's past performance, total unit cost, economic cost analysis, life cycle costs,
warranty and quality, maintenance cost, durability, the operational requirements of the City and any other factors which will result
in the optimum economic benefit to the City.
(b) The City reserves the right to reject any item or items, to waive informalities, technical defects and minor irregularities in bids
received; and to select the bides) deemed most advantageous to the City. The City will, however, consider bids submitted on an
"all or nothing" basis if the bid is clearly designated as such.
(c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all items to one bidder or
by award of separate items or groups of items to various bidders as the interests of the City may require, unless the bidder clearly
specifies otherwise in his bid.
(d) For the purpose of evaluatiljg bids for multiple awards, the sum of $100.00 is considered to be the administrative cost to the City
for issuing and administering each contract awarded under this solicitation, and individual awards will be made for the items and
combinations of items which result in the lowest aggregate price to the City, including such administrative cost.
(e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and a purchase order issued to the
successful bidder shall be deemed to result in a binding contract incorporating those terms and these General Provisions without
further action required by either party. Items are to be furnished as described in the bid and in strict conformity with all
J :t-/~
~ 1ft..
-t\-
General Provisions
0lY Of
CHUIA VISTA
Bid No. 2-96/97
Page 9
instructions, conditions, specifications, and provisions in the complete contract, as defined by this clause 28 or any related
integrated agreement.
29. Bid Resnlts:
To obtain bid results, either (I) attend bid opening or (2) provide a self-addressed, stamped envelope referencing bid number, and
bid tabulation will be mailed to you upon verification of extensions or (3) visit the Purchasing Department no sooner than three
working days after bid opening to review bid tabulation. Due to time constraints, bid results cannot be given out over the phone.
30. Protests:
Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no later than ten (10)
calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the City Council to protest any
award to be confmned by Council. Failure to submit a timely written protest to the Purchasing Agent shall bar consideration of such
protest.
31. Documentation:
Due to the time constraints that affect contract performance, all required documents, certificates of insurance and bonds shall be
provided to the City within ten (10) calendar days following award or date of request by City, whichever is later. Any failure to
comply may result in bid being declared non-responsive and rejected, and at City's option the bid bond may be attached for damages
suffered.
.
32. Discounts:
(a) Prompt payment discounts offered for payment within less than fifteen (15) calendar days will not be considered in evaluating
bids for award. However, offered discounts of less than IS days will be taken if payment is made within the discount period,
even though not considered in the evaluation of bids.
(b) In connection with any discount offered, time will be computed from date of delivery and acceptance, or invoice receipt,
whichever is later. Payment is deemed to be made for the purpose of earning the discount on the date of mailing of the City
check.
(c) Any discount offered other than for prompt payment should be included in the net price quoted and not included in separate
terms. In the event this is not done, the City reserves the right to accept the discount offered and adjust prices accordingly on
the Purchase Order.
33. Seller's Invoice:
Invoices shall be prepared and submitted in duplicate to address shown on the Purchase Order. Separate invoices are required for
each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies
or services, sizes, unit of measure, quantity, unit price and extended totals.
34. Inspection and Acceptauce:
Inspection and acceptance will be at destination unless specified otherwise, and will be made by the City department shown in the
shipping address or other duly authorized representative of the City. Until delivery and acceptance, and after any rejection, risk of
loss will be on the bidder unless loss results from negligence of the City.
35. Lost and Damaged Shipments:
Risk of loss or damage to items prior to the time of their receipt and acceptance by the City is upon the bidder. The City has no
obligation to accept damaged shipments and reserves the right to return at the bidder's expense damaged merchandise even though
the damage was not apparent or discovered until after receipt of the items.
36. Late Shipmeuts:
Bidder is responsible to notifY the City department receiving the items and the Purchasing Agent of any late or delayed shipments.
The City reserves the right to cancel all or any part of an order if the shipment is not made as promised.
37. Document Ownership:
(a) All technical documents and records originated or prepared pursuant to this contract, including papers, reports, charts, and
computer programs, shall be delivered to and become the exclusive property of the City and may be copyrighted by the City.
Bidder assigns all copyrights to City by undertaking this agreement.
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General Provisions .
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CHUlA VISTA
(b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this contract
shall be the property of the City, and all patents or copyrights shall be assigned to City, unless otherwise agreed. Bidder agrees
that City may make modifications to computer software furnished by bidder without infringing bidder's copyright or any license
granted to City.
38. Advertisements, Product Endorsements:
City employees and agencies or organizations funded by the City ofChula Vista are prohibited from making endorsements, either
implied or direct, of commercial products or services without written approval of the City Manager. No bidder may represent that
the City ofChula Vista has endorsed their product or service without the Purchasing Agent's prior written approval.
39. City Provisions to Prevail:
Except as specified in the specifications, the City's standard General Provisions shall govern any contract award. Any standard terms
and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly agreed to by the City. The City reserves
the right to reject bidder's bid as non-responsive, to consider the bid without bidder's standard terms and cOllditions, or to require
bidder to delete reference to such as a condition of evaluation or award of the bid. If, after award of contract, bidder (contract vendor)
shall provide materials to services accompanied by new or additional standard terms or conditions, they too shall be considered void
and City may require deletion as a further condition of performance by vendor. To the extent not otherwise provided for by the
contract documents, the California Commercial Code shall apply.
40. Invalid Provisions:
In the event that anyone or more of the provisions of this agreement shall be found to be invalid, illegal or unenforceable, the
remaining provisions shall remain in effect and be enforceable.
41. Amendments and Modifications:
The Purchasing Agent may at any time, by written order, and without notice to the sureties, make a modification to the contract or
an amendment to the Purchase Order, within the general scope of this contract, in (I) quantity of materials or service, whether more
or less; (2) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City; (3)
method of shipment or packing; and (4) place of delivery. If any such change causes an increase or decrease in the cost or the time
required for the performance of this contract, an equitable adjustment shall be made by written modification of the contract or
amendment to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days
from the notification date.
42. Assignment:
Vendor shall not assign or delegate duties or responsibilities under this agreement, in whole or in part, without prior written approval
of the City.
43. Disputes:
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this contract which is Dot
disposed of by agreement shall be decided by the Purchasing Agent, who shall reduce this decision to writing and mail a copy to the
bidder. The decision of the Purchasing Agent shall be fmal and conclusive, unless bidderrequests mediation within ten (10) calendar
days. Pending fmal decision of a dispute, the bidder shall proceed diligently with the performance of the contract and in accordance
with the Purchasing Agent's decision.
44. Mediation:
Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to mediation. The parties shall
meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the mediating parties; in the absence of
an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the
California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfold"
process.
The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party. No party shall be
permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement.
The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not
more than sixty (60) days, unless the maximum time is extended by both parties.
/J-/~
~l~
-Ji-
p .:
Bid No. 2-96/97
Page 11
General Provisions
mY OF
CHUlA VISTA
45. Lawful Performance:
Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance
of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the vendor, at vendor's
sole expense.
46. Annual Appropriation of Funds:
Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments
made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued; therefore,
they are current expense items and are not subject to any subsequent appropriation of funds.
In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract payments required
to be paid in the next occurring lease or contract term, and if no funds are legally available from other sources, the lease or contract
may be terminated at the end of the original term or renewal term and the City shall not be obligated to make further payments beyond
the then current original or renewal term. The City will provide notice of its inability to continue the lease or ,ontract at such time
as the Purchasing Agent is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the lease
or contract. The City has no monetary obligation in event of termination or reduction of a term contract since such contracts represent
estimated quantities and are not funded as a contract except to the extent of the Purchase Orders issued.
47. Debarment:
The Purchasing Agent may recommend to the City Council that the person or business be debarred from consideration for award of
contracts. The period of debarment will be contingent upon the severity of cause. Causes for debarment include:
(a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records,
receiving stolen property, or other offense indicating a lack of business integrity or business honesty which directly affects
responsibility as a City bidder.
(b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify debarment action,
including:
(1) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided
in the contract; or
(2) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more
contracts;
(3) Two or more claims of computational error in bid submission within a two year period.
(c) Debarment by another govemmental entity.
(d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a City bidder.
A bidder may be permanently debarred for the following causes:
(1) Collusion in bidding.
(2) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a contract or
subcontract with the City of Chula Vista or in the performance of such contract or subcontract.
(3) Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals.
48. Termination:
The City may terminate this agreement and be relieved of any consideration to the vendor should vendor fail to perform in the manner
required. Furthermore, the City may terminate this agreement for any reason without penalty upon giving thirty (30) days written
notice to the vendor. In the event of termination, the full extent of City liability shall be limited to an equitable adjustment and
payment for materials and/or services authorized by and received to the satisfaction of the City prior to termination.
49. Venue:
This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for any proceeding
shall be in the County of San Diego.
C.\WPWTN\MlSCL\JOHNC
5/96JPCllb
13-/ ?
Item
Meeting Date 12/10/96
It(
COUNCIL AGENDA STATEMENT
Report regarding the order of hearing Oral Communications at City
Council meetings.
Resolution /i"'5~tl Amending Council Policy #104-01
Establishing the Order of Business at City Council Meetings.
SUBMITTED BY: City Manager rf;p (4/5ths Vote: Yes_ NoX)
(/
Per direction given at the 11/19/96 Council meeting, staff is presenting a report on the timing of
Oral Communications in the course of City Council meetings.
ITEM TITLE:
RECOMMENDATION: That the Council approve the resolution moving Oral Communications
ahead of Public Hearings on the regular Council agenda.
DISCUSSION
At the meeting of 11/19/96, Mayor Horton requested a report on the timing of Oral
Communications in the course of City Council meetings. She expressed some concern that when
there are lengthy public hearings, a member of the public may be required to wait several hours
to make a three-minute comment.
Over the past several years, Oral Communications has been at different places in the agenda.
When it was earlier in the agendamahead of Public Hearings---there was a feeling among City
Council members at that time that time was taken on subjects not on the agenda. This in turn
delayed consideration of Public Hearings where a large number of citizens may be waiting to
testify. As a result, Oral Communications was placed after Public Hearings.
Current experience is that since the number of speakers under Oral Communications is typically
minimal, moving Oral Communications to follow the Consent Calendar would not be unduly
burdensome to those waiting for Public Hearing items. Obviously, in those cases where there are
significant issues which require earlier attention, Council retains the prerogative to take items out
of order.
Since the standard order for agenda items was set via Council Policy, staff has presented a policy
amendment tonight that would implement the intent of placing Oral Communications ahead of
Public Hearings.
FISCAL IMP ACT
None.
c:lwp51Imemoslcc1210.113
/'1- /
RESOLUTION NO.
I~ 5'.2LJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING COUNCIL POLICY NO. 104-01
ESTABLISHING THE ORDER OF BUSINESS AT CITY
COUNCIL MEETINGS
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby amend Council Policy No. 104-01
as follows:
"Except upon the consent of a majority of the Council
that items may be taken out of the following order, items
shall be taken up in the following order at City Council
meetings:
1. Roll Call
2. Pledge of Allegiance to the Flag, Silent Prayer
3. Approval of Minutes
4. Special Orders of the Day
5. Consent Calendar
6. Public I1earingG and Related ReoolutionG anE! OrdinanccG
Oral Communications.
7. Oral COllllllunioationG Public Hearinqs and Related
Resolutions and Ordinances.
8. Board and Commission Recommendations
9. Action Items
10. Items Pulled from the Consent Calendar by the Public
11. Items Pulled from the Consent Calendar by the Council
12. City Manager's Report(s)
13. Mayor's Report(s)
14. Council Comments
15. Adjournment
Presented by
Approved as to form by
~ I\\fu\.,",~
John M. Kaheny, city
2 1~
A\Jtorney
John D. Goss, City Manager
C:\r8\AGENDAOR.DER
It! ....1..
\ COUNCIL POLICY \
CITY OF CHULA VISTA
, ,
SUBJECT: ESTABLISHING THE ORDER OF POLICY EFFECTIVE
BUSINESS AT CITY COUNCIL NUMBER DATE PAGE
MEETINGS 104-01
08-18-92 1 OF 1
AMENDED BY: Resolution No. I DATED: 12-10-96
BACKGROUND
The City Council, pursuant to Chula Vista Municipal Code Section 2.04.140, establishes its
order of business at Council meetings by resolution. It is desirable that such a resolution be
easily located and referred to, and therefore, placed in the Policy Manual.
PURPOSE
To establish the order of business at City Council meetings.
POLICY
Except upon the consent of a majority of the Council that items may be taken out of the
following order, items shall be taken up in the following order at City Council meetings:
1. Roll Call
2. Pledge of Allegiance to the Flag, Silent Prayer
3. Approval of Minutes
4. Special Orders of the Day
5. Consent Calendar
6. Palllk Hearings aHa Related R-eselutieHs aHa OraiaaHees Oral Communications
7. Oral CeHlffiliHicatioHs Public Hearings and Related Resolutions and Ordinances
8. Board and Commission Recommendations
9. Action Items
10. Items Pulled from the Consent Calendar by the Public
11. Items Pulled from the Consent Calendar by the Council
12. City Manager's Report(s)
13. Mayor's Report(s)
14. Council Comments
15. Adjourmnent
PRIOR RESOLUTION ADOPTING THIS POLICY WAS: 16755 APPROVED 8-18-92.
I'/-.J
COUNCIL AGENDA STATEMENT
-
Item No. />
~'f~
Meeting Date
12/10/96
ORDINANCE **** AMENDING CHAPTER 5.56 - TOBACCO AND WEED SALES AND
SMOKING, ADDING SECTION 5.56.085 ENTITLED SALES BY
VENDORS - RESTRICTIONS, WHICH WILL PROHIBIT SELF-
SERVICE SALES OF CIGARETTES, TOBACCO, AND WEED
PRODUCTS (FIRST READING)
This item will be delivered to Council on Friday, December 6, 1996.
/~-o
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 12/10/96
/5
SUBMITTED BY:
:I." 93
Ordinance Amending Chapter 5.56 - Tobacco
and Weed Sales and Smoking to prohibit self-service sales of cigarettes, tobacco,
and weed products .
Director of parks,. Recreation and 9';en spac~~
Director of Builc\ipg and Housin~V
Chief of Police ..A..w./
ITEM TITLE:
REVIEWED BY:
City Manager 7~
V
(4/5ths Vote: Yes
NoXJ
On January 17, 1995, Council approved a $120,000 24-month grant from the California Department of
Health Services, Tobacco Control Section. $30,000 was appropriated for the first six months of the
program (January - June 1995). Authorization was also given by the Council to execute Service Provider
Sub-Contracts with a provision for extensions through the life of the grant based on satisfactory
performance and funding availability.
The State of California authorized the second installment of the grant, in the amount of $60,000, for FY
1995-1996 and now has authorized the third installment, in the amount of $30,000, for FY 1996-1997.
The intent of this report is to discuss the status of the grant program, which officially concludes on
December 31, 1996. Specifically, the grant program's final objective of the "Scope of Work" is to
strengthen the existing "Tobacco and Weed Sales and Smoking" City Ordinance.
STAFF RECOMMENDATION: That the City Council place the Ordinance on the first reading.
DISCUSSION:
Background: In November 1988, California voters approved the Tobacco Tax and Health Protection Act
of 1988 (Proposition 99), which added a 25 cent tax to each pack of cigarettes sold in the state. These
additional tobacco taxes are earmarked for tobacco-related research, health education and promotion, and
health care.
In early September 1994, the Parks and Recreation Department received a Request for Proposal (RFP)
entitled "Community Tobacco Education Interventions" from TCS. It was anticipated that approximately
$6 million in grants ($3 million from each fiscal year [1994/95 and 1995/96]) would be awarded to 30-40
agencies and organizations that specifically addressed one or more ofTCS's three priority program areas:
environmental tobacco smoke, youth access to tobacco, and/or countering pro-tobacco influences in the
community.
In its efforts to continue strengthening and expanding services to youth in Chula Vista, the Parks and
Recreation Department and the Chula Vista Youth Coalition developed a grant proposal in response to
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Meeting Date: 12/10/96
this RFP. During the September 22, 1994 Youth Coalition meeting, seven agencies expressed an interest
in being included in the grant proposal as project partners. All interested agencies were asked to submit
one-page summaries highlighting how a tobacco education component would be implemented based on
the TCS criteria, and the amount of funding needed to operate the program.
The grant proposal submitted requested funds for the following components:
I. Augmentation of funding for the youth newspaper project.
2. Augmentation of funding for gang prevention program.
3. Adaptation of tobacco education curriculum to train older youth to be mentors and
positive role models.
4. Incorporation of tobacco education into components of the City's Youth ACTION Program.
5. Provision of start-up funding for the "Smart Moves" program.
6. Sponsorship of a variety of special events and activities.
7. Facilitating the enactment of a stronger Tobacco Ordinance.
A total of 150 proposals were submitted to TCS. Of this total, 42 were funded, including the City of
Chula Vista. Of the 42 programs selected for funding, 38 had a primary focus on youth.
Tobacco Education Grant Prol!ress Reoort
In the first six months of the program, all the sub-contracting agencies proceeded with the implementation
of their portion of the program in addition to participating in the City-wide activities. In February and
March of 1995, Chula Vista's youth participated in "Operation Storefront," a program which seeks to
change policies regarding tobacco advertising and promotion targeting youth. Chula Vista teens surveyed
local stores to document the amount of tobacco ads and promotions in stores close to schools. The results
of the survey were included in the San Diego County information forwarded to the State of California.
The State is publicizing the survey results to raise community awareness about this problem.
Beginning in September 1995 and ending in May 1996, the Tobacco Education Program completed two
separate trainings for youth who were trained as "Teens As Teachers." Following their training, the youth
made 205 presentations at area playground sites, YMCA PRYDE sites, and the Boys & Girls Club,
reaching 1,137 youth under 13 years of age.
The $30,000 received for the final six months of the program has been dedicated to encouraging the
youth of the community to work with City leaders in an effort to strengthen the existing Tobacco
Ordinance, or to work towards implementing a tougher City of Chula Vista Ordinance which would
provide sanctions for those in business who sell tobacco products to the youth of the community.
Ordinance Action Plan
Youth and community leaders came together in October 1996 to develop a plan for bringing forth a
stronger ordinance for the City Council's consideration. Technical assistance, including information on
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ordinances adopted by other cities in the County, was provided by Project Trust (San Diego State
University) through their Tobacco Grant.
The next step was to implement a letter writing campaign in which the youth of the community (Teens
As Teachers) encouraged support of a stronger ordinance and invited community members to attend an
information meeting. At the community meeting of October 23, 1996, Jim Perondi, a member of the
Chula Vista Youth Commission, and Councilman Stephen Padilla agreed to be co-chairs of the Advisory
Committee.
Following the community meeting, Advisory Committee members continued to enlist community support
while Tobacco Grant staff worked with Project Trust to gather data on other city ordinances. Poway,
Vista, and Imperial Beach have recently enacted stronger Tobacco Ordinances and these Ordinances
served as a guide for Chula Vista's proposed ordinance. The City of Coronado is also attempting to
adopt a stronger ordinance with their second reading on December 3, 1996.
On November 25, 1996, a community workshop was held in which members of the community were
invited to express their opinions. Representatives from Chula Vista City Government, San Diego
Merchants Association, American Lung Association, American Cancer Society, several Chula Vista Social
Service Agencies, and four different teen groups participated in the discussion. With the exception of
the San Diego Merchants Association, the group agreed to move forward in the attempt to strengthen the
existing Ordinance. Councilman Padilla offered to take the proposed ordinance to the City Attorney's
Office for review and drafting.
The Chula Vista Chamber of Commerce has been notified of the first reading of the Ordinance on
December 10. Members of the Advisory Committee, including a large group of concerned teens, will
attend the Council meeting on December 10th to speak in favor of strengthening the Ordinance.
There is substantial scientific evidence that the use of tobacco products cause cancer, heart disease, and
various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases
are the leading cause of premature, preventable death and disability in the U.S. and the U.S. Department
of Health and Human Services have found that a majority of those Americans who die of tobacco caused
diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent.
Therefore, in conjunction with the Tobacco Education Grant Program, staff is bringing forward proposed
changes to Municipal Code Section 5.56 - Tobacco and Weed Sales and Smoking, as discussed below.
Svnoosis of Ordinance
The existing Municipal Code Section provides regulatory measures for the use, sale or possession of
tobacco and tobacco products. The current provisions hold that the purchase, use or possession by
minors is prohibited, and there are certain controls and supervision requirements for the use of vending
machines by merchants for sale of tobacco products.
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Item:
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The proposed Ordinance adds the following provisions:
1. A list of definitions which will define the terms used in the Ordinance (5.56.020).
2. A provision which requires and defines the type of signage required which states the prohibition
of the sale of tobacco products to persons under 18 years of age (5.56.030).
3. A requirement for purchaser age identification in order to ensure compliance that sales will not
occur to persons under 18 years of age (5.56.040).
4. A proviso that the original packaging of tobacco products will not be altered (5.56.050).
5. The prohibition of self-service sales. This is one of the new provisions which deals with the ban
on vending machines (5.56.060).
6. A requirement that there shall be no sale of tobacco products from vending machines (5.56.075).
This section, in essence, echoes the new State Law entitled the STAKE ACT, which became
effective January 1, 1996 which prohibits the sale of tobacco products from all vending machines
except in businesses holding an on-sale public premise liquor license. This includes places such
as barrooms, taverns, saloons and cocktail lounges. Vending machines must be located at least
15 feet from these entrances.
The on-sale public liquor license dictates that minors cannot enter or remain on the premises of
an establishment that holds such license.
7. A change to Section 5.56.080 - Vending machines - Supervision and control required -
emphasizes that vending machine sales would be allowed and merchants would be exempt from
Chapter 5.56, if persons under the age of 18 years are excluded from entering the business
premises pursuant to other applicable law. This exception is also stated in Section 5.56.400.
8. A section (5.56.300) on compliance, which allows the merchant to sell tobacco products for a
period of ninety (90) days from the Effective Date (January 16, 1997). In addition, any business
owner may apply to the City Manager or designee for an extension of time in which to comply
with this Chapter. An extension of time may granted for a reasonable period of time, but in no
event to exceed one year from the Effective Date.
Section 5.56.300 also requires the business premises to comply with this Chapter within 60 days
after the Effective Date. This compliance section also has the same extension of time provisions.
9. The remainder of the proposed changes to this Ordinance reflect language which discusses
applicability to other laws, violation, enforcement and penalties provisions, and severability.
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Enforcement: It is proposed that enforcement will be coordinated by the Police Department and the
Building and Housing Department.
The Police Department would have a three component approach, as follows:
I. Education: The School Resource Officers (SRO's) would work educational information
regarding prohibition of tobacco sales to youth into their Gang Awareness Prevention and
Tobacco, Alcohol Use and Abuse programs. Where schools have an existing "Teens as
Teachers" component, the SRO's would provide complementary information regarding
compliance. In addition, the SRO's could share compliance information with school
organizations such as the PTA's.
2. Information Sharing: The Senior Volunteer Patrol group would identify the environments in
the City of Chula Vista where tobacco sales occur and target these known locations to share the
compliance information with merchants. The beat officers could perform spot checks of
identified areas of tobacco sales, especially around schools, to ensure compliance. In addition,
the beat officers would respond to any compliance complaints from the public.
3. Enforcement: In this area, the Building and Housing Department would take the lead, as
discussed below; however, the Police Department would:
a. Have patrol officers respond to reported offenses;
b. Perform proactive complaint follow-up to educate the merchants on the intent of the
ordinance; and
c. Perform an occasional sting operation to check compliance (most likely in connection
with operations concerning alcohol offenses).
In addition to these local efforts, the STAKE ACT is also enforced at the State level with the following
provisions:
a. Investigators from the California Department of Healthy Services, Food and Drug Branch or
representatives from local law enforcement agencies will conduct "compliance checks."
b. During a "compliance check," a teenager, 15 or 16 years of age, will go with the investigator
to a business and attempt to buy tobacco products. All guidelines on the enforcement activities
involving youth must be listed in the California Code of Regulations, Title 17.
c. A notification of the violation will be sent by certified mail to the owner of the business where
a tobacco product is sold to a minor.
d. The notification will state the penalty amount and provide details about payment and the
administrative appeal process.
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The Building and Housing Department, as the lead department, would perform random field
investigations of mercantile occupancies to ensure compliance with the proposed Ordinance. Since
Building Inspection/Code Enforcement personnel are individually assigned a district within the City, each
will incorporate random surveys of mini-markets, service stations and restaurants during their routine
duties and assignments. Code Enforcement Officers will cite first time offenders with a warning Notice
of Violation accompanied by a copy of the Ordinance. Repeat offenders will be handled in the traditional
abatement cycle which affords legal due process to the violators; however, the violators are subject to
either an Administrative Citation and/or an Order to Appear in the Southbay Municipal Court for
resolution by judicial sentencing.
The Department of Building and Housing believes that the additional responsibilities associated with
enforcement of this proposed Ordinance, placing restrictions on tobacco related products and sales, should
not negatively affect the current delivery of service.
FISCAL IMPACT: The City received $30,000 for use through December 31, 1996. These funds were
appropriated to the Community Tobacco Education Grant budget (290-2900) for use by the City and the
sub-contractors. These funds were part of the award of a 24-month grant in the amount of $120,000 by
the California Department of Health Services, Tobacco Control Section, for a tobacco education program.
All General Funds appropriated for expenditures in this program were be fully reimbursed by the grant.
The Tobacco Education Grant ends December 31, 1996, and all program costs cease after this date,
except for some in-kind staff work that would be utilized for administrative tasks associated with
implementation of the Ordinance.
There are indirect staff costs associated with enforcement of this Ordinance. There could be an unknown
loss of sales and profit from businesses who could no longer sell tobacco products from vending
machines.
Attachment:
" A" - Draft Ordinance
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6
/5"~
ORDINANCE NO.
~t. 9J
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 5.56 "TOBACCO AND WEED SALES
AND SMOKING" OF THE CHULA VISTA MUNICIPAL CODE
TO PROHIBIT SELF-SERVICE SALES OF CIGARETTES,
TOBACCO, AND WEED PRODUCTS
The City Council of the City of Chula vista does ordain
as follows:
SECTION I: That Chapter 5.56 of the Chula vista Municipal
Code is amended to read as follows:
5.56.010 Intent and purpose of provisions.
It is the intent of this chapter to provide regulatory
measures for the use, sale or possession of tobacco and tobacco
products, as well as other weed, plant, vegetable or other non-
tobacco products used for the purpose of smoking, to protect the
health, safety and general welfare of all citizens from the
problems and discomfort of air pollution by the smoking of pipes,
cigars or cigarettes in certain places of public assemblage and to
reinforce the prohibition on the use of tobacco, tobacco products
and weed, plant, vegetable or other non-tobacco products used for
the purpose of smoking, by youths under the age of eighteen, in the
interest of reducing the demonstrated hazards to health resulting
in the use of such products, especially cigarettes. It is the
purpose of the city council to eliminate the easy availability of
such products to minors, particularly by means of the unsupervised
or poorly supervised vending machines, by imposing strict standards
of responsibility upon the owners or lessees of the premises where
said vending machines are located.
5.56.020 Definitions.
For the purposes of section 5.56. the followinq words are
defined as follows. unless otherwise set forth:
A.... "Business" means anv sole proprietorship. ioint venture.
corporation or other business entity formed for profit makinq
purposes. includinq retail establishments where qoods or
services are sold as well as professional corporations and
other entities where leqal. medical. dental. enqineerinq.
architectural or other professional services are delivered.
.!:L.- "Effective Date" means Januarv 16. 1997. the date this
Ordinance becomes effective.
1
/5,. ?
Q... "Emplovee" means any person who is employed bv any employer
in consideration for direct or indirect waqes or profit. and
any person who volunteers his or her services for a non-profit
entity.
.!h "Minor" means any individual who is less than eiqhteen years
old.
E.... "Non-profit entitv" means any corporation. unincorporated
association or other entity created for charitable.
philanthropic. educational. character-buildinq . political.
social or other similar purposes. the net proceeds from the
operations of which are committed to the promotion of the
obiectives or purposes of the entity and not to private qain.
A public aqencv is not a "non-profit entitv" within the
meaninq of this section.
.E.... "Person" shall mean any individual. partnership. cooperative
association . private corporation. personal representative.
receiver. trustee. assiqnee. or any other leqal entity.
li... "Self-service merchandisinq" means open display of tobacco
products and point-of-sale tobacco-related promotional
products that the public has access to without the
intervention of an employee.
!L.. "Tobacco Product" means any tobacco ciqarette. ciqar. pipe
tobacco. smokeless tobacco. snuff or any other form of tobacco
which may be utilized for smokinq. chewinq. inhalinq or other
manner of inqestion.
h "Tobacco retailer" shall mean any person or qovernmental
entity that operates a store. stand. booth. concession. or
other place at which sales of tobacco products are made to
purchasers for consumption or use.
iL.. "Tobacco vendinq machine" means anv electronic or mechanical
device or appliance the operation of which depends upon the
insertion of monev. whether in coin or paper currencv. or
other thinqs representative of value. which dispenses or
releases a tobacco product.
K... "Vendor-assisted" means on Iv a store employee has access to
the tobacco product and assists the customer bv supplvinq the
product. The customer does not take possession of the product
until it is purchased.
5.56.030. Sian.ae Reauired.
No person or business shall enqaqe in the sale of a tobacco
product without first postinq a plainly visible si9n at the point
of purchase of tobacco products which states "The SALE OF TOBACCO
2
/5-'8"
PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY
LAW. PHOTO ID IS REOUIRED TO PURCHASE TOBACCO". The letters of
the sian shall be at least one auarter inch (1/4") hiah.
5.56.040. Examinina Identification.
No person. business. tobacco retailer. or owner. manaaer Qr
operator of any establishment subiect to this ordinance shall sell.
offer to sell or permit to be sold any tobacco product to an
individual without reauestina and examinina identification
establishina the purchaser's aae as eiahteen years or areater
unless the seller has some reasonable basis for determinina the
buyer's aae.
5.56.050. oriainal oackaaina reauired.
No person. business. tobacco retailer or other establishment
shall sell or offer for sale ciaarettes or other tobacco or smokina
products not in the oriainal packaaina provided bv the manufacturer
and with all reauired health warninas.
1.56.969 Sale e~ ,if~ ~e .iBe~s p~ehi~it8d.
It io ~Rla~ful te sell, ~i~e ey furRisR in aRY maRRer ~a any
~cr6eR unser the a~c af ci~h~eeR years, vi~ftiR the eity limits af
the city, allY tseacce, tosaece preau~tD I eiejarcttcD, eifJarcttc
papers, ey afty ~eea, plant, ~e~etable ey ethcr RaR tesacco
ausstitute ei~arctteo.
5.56.060. No Self-Service Sale.
It shall be unlawful for any person. business. or tobacco
retailer to sell. permit to be sold. offer for sale or display for
sale any tobacco product bv means of self-service merchandisina or
bv means other than vendor-assisted sales.
5.56.070 Purchase, use or possession by minors prohibited.
It is unlawful for any person under the age of eighteen years
to buy, smoke or have in their possession with intent to use for
smoking purposes upon any street or in any public place within the
city any tobacco, tobacco products, cigarettes, cigarette papers,
or any weed, plant, vegetable or other non-tobacco substitute
cigarettes.
5.56.075. No Vendinq Machine Sale.
Except as provided in Section 5.56.400. no person. business.
or tobacco retailer shall locate. install. keep maintain or use. or
permit the location. installation. keepina. maintenance or use on
3
/'>-9
his. her or its premises any vendinq machine for the purposes of
sellinq or distributinq any tobacco product.
5.56.080 Vending machines-Supervision and control required.
Every person, firm or corporation which owns or leases
premises where a vending machine dispensing tobacco, tobacco
products, particularly cigarettes, or tobacco substitutes, is
allowed to be maintained, pursuant to Section 5.56.400, Clceept as
shall locate said vending machine at least fifteen (15) feet away
from the entrance of the premises and upeR the pl'"elllises \;i thiR the
EailaiR~ er atrueture aRa in 5tieft a place or position within said
premises BuilaiR~ er stl'"UetaFe whish is clearly visible from the
place or position where the owner or lessee or the employee or
agent of the owner or lesser normally or customarily conducts the
business being operated on said premises, so as to afford a clear
and unobstructed view of said vending machine and the person or
persons purchasing the products dispensed by said machine by said
owner or lessee or the employee or agent of the owner or lessee.
Further, strict supervision and control of the use of said vending
machine shall be maintained throughout the hours of the operation
of the business and the failure to do so, resulting in the purchase
of tobacco, tobacco products, especially cigarettes, or tobacco
substitutes, by a minor from any such vending machine shall be
presumed to be a violation of eeetisR 5.56.949 sf this chapter and
section 308 of the Penal Code of the state of California by the
owner or lessee or the employee or agent of the owner or lessee
charged with the responsibility for such control and supervision.
5.5i.099 P8stiB9 af Fatul.tieRs ra,uire4.
Every ~erseft, firm sy eerpera'tieR uhish selIc er deals ill
tesaese sy aft} preparatisR thereaf iReluaiR~ 'Ehe e~RerD BY lessees
of the premises ae6i~Ratea iR Eeetien S.SC.QB8 shall, within Binet}
says aft~r this ohapter eceemca cffeeti~e, peat eenDpieue~61y aRa
]teep ss pset:eEi in his or their lllaec af slloiR6S6, ifl prsuimi ty to
the area ~~ere said tesucca preauete arc oola SY dispeRses by a
vCRdiR~ maehinc, in aaEiitieR ta the ee~y af the act requirea BY
Eeetioft 3gB af the Penal Case af the Etatc af Califernia, a eapy of
thia ohapter i8 'the farm pra":iac.el BY thc €Ii ty elerl(. ThE: city
olerlr io a\:ltReriraea to ha..~c l'ri8tca sutfieic8t cef3ieo af tRio
ehaptcr 't8 eflaBle him 't6 f\:lr8ioft aealers i8 teBaoea or tabnoee
prea\:leta vith espies thereat upaR thcir rcq\:lcst fer the oamc.
5.56.090. Other ApPlicable Laws.
Chanter 5.56 shall not be interpreted or construed to nermit
tobacco vendinq machines and distribution of tobacco product
samnles where they are otherwise restricted bv other applicable
laws.
4
/5 -/I?
5.51.100 Vi81a~i8B FeBal~y.
It is 1:lRla\:f1:l1 for aRY perseR, firm af eerperatioR \wi=iieh Bella
er deals ift t.esaeee er aRY preparat.ieR t.hereaf, iRell:lcliREj t.hc
ewftcrs er lsaseea af the premiseD acsi~ftatea iR SeetieR S.S6.SS9 te
iRtefttieRally fail te ea~ly with any ef thc pre~iaiofts af thio
eRap~0r.
5.56.100. Violation. Enforcement and Penalties.
A.... Any person. business or tobacco retailer who yiolates any
proyision of this section shall uPon conyiction thereof be
punished as specified in Chapter 1.20 of this Code.
~ The owner. operator or manaqer of any public place or place of
emploYment within the puryiew of this chapter shall complY
herewith. Such owner. operator or manaqer shall post or cause
to be posted all siqnaqe required bY Chapter 5.56.
~ It shall be the responsibility of employers to disseminate
information concerninq the proyisions of Chapter 5.56 to its
employees.
5.56.200. Severability.
If any provision of Chapter 5.56 or the application thereof to
any person or circumstances is held invalid that invalidity shall
not affect other provisions or applications of the act which can be
qiven effect without the invalid provision or application and to
this end the provisions of Chapter 5.56 are severable.
5.56.300. Compliance Period.
A. Any business that only sells tobacco products and onlY bY
means of self-service merchandisinq. pursuant to a valid
business license issued by the city prior to the Effective
Date. shall be allowed to continue to sell its products by
such means for a period of ninety (90) days from the Effective
Date and shall thereafter be subiect forthwith to make the
modifications necessarv to complv with Chapter 5.56. Any
business owner may applY to the city Manaqer or desiqnee for
an extension of time in which to complY with Chapter 5.56.
The extension may be qranted for a reasonable period of time.
in no event to exceed one year from the Effective Date. in
order to prevent the business owner from sufferinq
unreasonable financial hardship or disruption in business
operations.
~ Businesses. other than those described by 5.56.300 (A). which
need to make modifications to the business premises to complY
with Chapter 5.56.060 must complY within 60 days after the
Effective Date. Any business owner may apply to the city
5
/5 '//
Manaaer or desianee for an extension in which to comply with
Chapter 5.56. The extension may be aranted for a reasonable
period of time. in no event to exceed one vear from the
Effective Date. in order to prevent the business owner from
sufferina unreasonable financial hardship or disruption in
business operations.
5.56.400. Exceptions.
Anv business which sells tobacco-related products is exempt
from Chapter 5.56 if persons under the aae of 18 years are excluded
from enterina the business premises (as premises is defined bv
California Business and Professions Code Section 23039) in
accordance with other applicable laws. In such instances. the
business shall comply with the provisions of Section 5.56.080.
SECTION
full force on the
and adoption.
II: This ordinance shall take effect and be in
thirtieth day from and after its second reading
Presented by
Approved as to form by
Jess Valenzuela, Director
of Parks and Recreation
~~4r~
John M. Kaheny, City Attorney
U:\ho.e\attorney\vending.or2
6
/.5'-/.2.
December 9, 1996
MEMO TO:
The Honorable Mayor & City Council
Patricia SalvaCi~
FROM:
SUBJECT: TOBACCO ORDINANCE
The following individuals have called to voice their opposition to the Tobacco Ordinance:
1. Martin (owner of the Tinder Box)
Objects to new regulations on honest business people.
262-4822
2. Danny (works at Ultra-Mart on Third Avenue)
Opposes the Tobacco Ordinance.
585-0011
3. Nazar Yono (owner of Express Food Store, 640 E Street)
Opposes the Tobacco Ordinance. Feels that it's unfair to small
shop owners.
4. Frank Gabina (711 Food Stores -14 in Chula Vista)
Opposes the Tobacco Ordinance
466-0711
5. Mr. Oraha - Sunset Market
Suggest targeting on those businesses who are in violation,
not every business.
422-2001
rev.12/10
Iy/j
12/69/1995
----
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13:31
13164327931
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dC/5
,.......010 Offk:t:.
t)1)6 (i I'tn";I, ~\Ilt~. 71MI
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California Grocers Association
SERVIN(; TII,; I~)(li) IN\)("'1lY <>I' I'Al.ll'1)RNIA SINn: IS9S
December 9, 1996
!loathe.. CoIIfomla om...
II'" 'W(."lf!; Itru",d_,.,.
:Wile' !I70
IJ)nlt Rl'2iIi1. CA 'Jf,Hl'Jl
'r<:l: (:\10).,."....(.10
JI...ll.:(~tt"<f;u_7.J~1
The Honorable Shirley Horton
Mayor. City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton and Councllmemebers:
The California Grocers Association represents supermarkets. independent
grocers and convenience stores doing business in the city of Oula Vista. As
such, it has come to out attention that the Council will be discussing a
propo:;eJ;l.Q!9inance which will b~the ability of retailers to use setf.setvice
display' tackS for tobacco products.
I" September of this year the County of San Diego COIfSideTetJ and rejected Q
3imiltJT fJfOPOIfIl in favor of a more uniform and IIOtewoIthy apJIIf1(IdL 17Iefe
. approach& btcIude cOUlllytllide action, atDIt! cu:tion and federal action and lie
(JI./diIIed ill the Qtto(;hed 1IIemo. It i.s our best hope that the.ge ~ be
;:seriously revieWm pr;o, to liIIY COUIIdl adioo regunIing Q ban. on toIHJc:cn :sdf-
servia dUpIIl:p.
As you know the problem of teen smoking is very complex and finding the
, correct solution to this multi-faceted issues is not an easy wk. Retailers seem
to get caught somewhere in the middle between trying to be successful
businesses engaged in tile sale of legal products and the larger issue of public
health and the scrutiny of tobacco companies. All we can ask is that local
businesses be fairly evaluated and not erroneously blamed for the illegal
actions of youth as they attempt1to purchase and steal tobacco products.
Please know that the ban on self-setvice displays is IIOt pervasive in southern
California. In fact, only four communities have such an ordinance. There are
a variety of cities in Northern California who have passed this ordinance, but
most of them have populations of around 7,000 or less and most of the laws
go virtually unenforced. And. more illlportantly. these laws will be obsolete
once the new federal reiUlations on tobacco sales 110 into effect.
Furthermore. a review of published literature will show that there Is
absolutely no documented proof that self-setvice displays promote illegal
sales. More often than not. the iIlep! sale rate is the same no matter which
venue is chosen to disnlllY the item. However, this litemture does show that
public education that is backed up with enforcement of the law does work.
I
..
/f'i'l
12/~9/1995 13:31
13104327931
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PAGE ~3
There are several studies being circulated throughout San Diego County
which purport to present evidence to the contrary. However, these reports arc
innacurate because they pointedly fall to analyze whether or not an illegal sale
Wllli made from a self-service display venue and rely soley on circumstantial
evidence. In othel' words, they blame seIr.servlee lor iUeaaI sales but Dresent
no evidence to fink the two lacts. COA would contend that Is is fM more
accurate to say that illegal sales rates have dropped because of community
awareness such lIIi council hearings which usually generate community and
retailer involvement as well, as attention from local media both print and
television. In these cases, COA went store to store intcmcwing retallers,
training retailers and leaving infonnation. Retailers also received infonnation
on the new state law which dramatically increlllies fines for illegal sales from
$200 on the first offense to $6,000 on the fifth offense.
A~a~I)IlQ7>;gp will find ari artic!~,frtllhthe San Diello Daily Tran~t in
which GoVernor Pete Wilson announces that the illegal sales of tobacco
products to minors in California have decreased more than 20 percent since
llllit year. This fact Illustrates that there is a dramatic downward trend in
illegal sales and that the enforcement of the new SlOp Tobacco Access to Kids
Enforcement Act which mandates compliance checks of retailers hllli had a
profound affect on the illegal sales rate.
In conclusion, there is no ,one easy answer regarding tobacco and youth. We
rr:sp<<tfully eIfCOUIrllle the lilY COUIIdl to pattaIrs in an indu.rive po/iq 1III1kbrg
proc;es.J which aJlows ~ tlIe COI1ImWIiIy and city grwemment to JIItri
together, not II/P1rst, each other. As such H 4YIc that you partpons tile ftIrI
rmding of the 0IdinIlnce to mf!f!t with locallPlhlikn to JJ~.,", fZ cooperative
eJlon which Wl!.'r 1M Stm IJiI!go (:oUIUy IrI,O(/Jd as a basis..
If you have further qucstioll5 or concerns, plelllic don't hesitate to call me at
310/432-8610.
Sim:ercly,
~ROUlRS ASSOCIATION
BETH BEEMAN
Vice President
Local Government
Encl05ures
/5'15'
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12/~9/1995 13:31
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e
oo'O'.'fY 0
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-f--- ~:.
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I
!
PAGE ~4
....--........
'.
. -.
CHIEF ADMINI
AGIN
DAT1!:
September 24. 1996
-..... -
..u .....
--
TO:
8aard of Superv1lorl :';'0_' J Ii
SUUCT: REPORT ON TOBACCO CONTROL EFFORTS WI'11i YoUTH1f~l o~
. ~ _ ":!-c
-- .~
- ...,
SUMMARY: t:r :II
~':-, 11.'," (1DI the Boerd,O, f '_IS _..... ... ~
.. the Compr.heNlve Tobecco ~!:,~oIPlan for FY 1996/97 i"nd 'F.f 7,' .
· end - d"'tw'the ChllIf AdmIftlRrive OffIcer to meet with the' Yo I
I1IprdlnG Iat.lIa they hacI nllMdrwlated to tobecea centrol .no",. On
August 20. 1181 11A1. m. Board of Supervisors reclllved m. Youth Council
recommen4M1ona, Ind contInulld the matter to this dete. TodllY'l action
Provide.. rlSllOntl to Youth CounG11 recommendations.
"lllOlIIIIItndallOftll
CHIEF ADMlNISTAAnvE OFFICER:
.
1.
r-p,.. IPP....don to the YOuth Council for their InvoMtrrMInt In and
support of tI:lbeeco centrol Iffortlll.
Z. FI1e the Repatt on Tobacco Control Efforts with Youth.
..... InIp4ICt
The NCOmmended 8CtIon hll$ no flscellmpact.
IACKBIIOUNO
On June 11, '.8 C101. U. 80erd GtSupetwfsor. approved a number of actlona related to
the Count'( of san Diego Comprehensive Tobacco Control_ Plan. On that date. member,
of 1I'Ie Youth CounclI tmified abauc concern. relidlng to iuU4ls of smoldng at an tatfy e;e.
noting the need to focus Pl'tYtntIon alld education efforts on students In elementary end
Junior h/uh 8d~. The Boerd of SuDll'Vlsors dTrea8d maff to metrt 'Nkh the Vouth Caundl
w runner exp~ theM Iaua. This mn1Ing occur,*, On Aus.. 9. 1998.
On Augu. 20, 1H., _ YOWl Council DnIHrIted Its" recomm.r.datl0f\8 to the Bo..-d.
TMH uv", NIiOIIUIItnd!dlona 111 Into the QhI8Cl"," of Progl'lm Management, School-
8uect To~ .sucedon PrOQfMla end ~rdrMnCe ~... The following
grovlda. ....,..,.,., of -.em ~ .. wd .. a respoMe. A morw d~
ropo".. W ... ...... . wen . eddIdo.... beclqp'ound fnformnon Ia provfdad rn
Attachr'nenC A. the RePOrt on Tobac:cla COnttal Efforts with Vauch,'
/5"/~
1
12/09/1995 13:31
13104327931
GGA
PAGE 05
.'
SUBJECT: RepORT ON TOBACCO CONTROL EFFORTS WITH YOUTH (All Districts)
lt1PO..m M.n.9.ment 1 .fJ
The YOU1h Council's Recommendatlo". 1 and 2 reque.t: 8n accounting of the County'.
tobacco education budget by program ar..: I!nvlronmental Tobacco Smoke, Youth ACC8SS
and Countering Tobacco Indultry Influence: and an avalu8tlon of the affactlvane.. of
funded progra"" and activltles.
Aer.nllntlnv at the ~nun~'!I1'ntulO(1R ~ucatlon Budget by Program Arlls: The goal of the
Tobacco Tax Inltletlva I. to reduct the pr.""enc. rat. of adult smokers by 715~ by the
v.ar 2000. Studt. indicate thIt 90% of smokers begin smoldng befora age 18. Given this
f8ct, It la Il..~ tMt tobllCCG Rucetion effOrtl be foc::used lit our youth. The FV1998-
97 CountY's Tobacco Control ....ourc. C.nttt. Tobacco Control Budgat of '772.263
Il\OClltu $290.880 (38%) to Youth ~~, *289;883 (37%) to Countering TolHlcco
lnduatry In'IIuenca Towwd Youth lHld '191.730 12. 5%.) to Envlronmentai, Tobacco Smoke.
This Ir1dImltu 71.. af th8 budg.t " d",oted to youth oriented actlvltl
- .
1IyII11mIkIn.&f F\J~.""IM .'lcl &r.tIuttIalI: lbe educatlon and prevention program. .nd
actlvltht. funded In the COlIl'lty'. Tobacco Control Re.ouroe C.nt....., Tobacco Control
Plan. .... thou ~ and ~ which have been evaluated end proven to be lome
of the moat affective 8trmgt.. wid 'to prevent tobacco us. by youth. Res.arch
demonstrates that pa... education IctMt'" are the most suecess1ullnterventlona for youth.
(
WIthIn the Tob8c:co Control P!en each progrlm am he. qualitative and quamlt.tlve
m....ur.. to evaluate program effIctIv.,.... These me..ur.. Includ. . .peotrum of
evalyatlcn technlqUH from pflt and post tem of progl'Um p,artlclpants to longitudinal
'a1udla. of teen peer eduoaton mt..urlng whether or not they remain tobeGCo fre. e.
young &dub. Durlng the next two tllC81 yeers. 10% of the total budget of the County's
Tobacco Control Plan wtll be dedicated to an evaluation component with speclel emphasis
on outcome evaluation.
..r.hnnl-...... TabllcCft EduClJItIan ~glMm.
Recommendetlon a encourlf1U schoo/a to be IJCrlve/y Involved wIth .ndlor utmz8 en,I-
tDb~co pnJgntM.
The Department Concur. with the Youth Council that Ichoollnvolvement In antl.tobacco
programa II crltlc8l. School district. rlle.lve Tobacco Tu flJnda directly from tn. Stat.
Department of Education. ApprOlllmately 71'1&' of the.e roOds era targeted to .tudent8 In
QrIIdet 4 . 8. WhIle the County'. funding II forprograrns aimed at the general popul8tlon.
County lItldf enc:auntge and support school. In Implementing .ntl-tobacco programs. Over
1,000 COj)\a of.the -Stay Clear of the Tob8cco Trap. boerd ga.me and curriculum cre.ted
and dwaloped .by county ltaff. h8ve bftn dlstr1butad to ",.ry elementary and middle
ac:tIoaIln I. 43lChooI dlstrIcts In the counw. CountY stiff has I)rovlded training to school
dlmlct: I*'IOnnel. In the .upcomlng y..r. additional actlvltle. wDl be coordinated with the
Coumv Offtce of Edu*lon Ind verioua aahool dlltrlc~ be"d upon their State.approved
,,"nt, currlcul. 8nd .PproprllJtionl.
:z
J5"/7
12(69(1995 13:31 13164327931 GGA PAGE 65
'.
SUBJECT: REPORT ON TOBACCO CONTROL: EFFORTS WITH YOUTH (All Districts,
"agl!l,.tlnn/Otdlnanr:a Actlvltf.. 1 6
R.camm.nd.r/an 4 tnCOUI'f/f' fl/ected alfT, isIs to $UPporf anti-tobacco Inltl.tlv.s .nd
prognlms IIIId the termln.tlon of ggvern t sub:lidlutlon of tObf1CCO crop~ tlrrough
p.yment. on V.,ds.
County Policy A.9S supports tobacco prevention progl1lms and authorlzu the Department
to carry out any actIvltlel to radUct tobacco UI. in the Ce)Urlty.
Th. recommend.tlonl for local support to terminate Fed.ral subsidy of tobacco crops
lhrough payments on yields wes referred to ttt. community Tobec:eo Control Co.Otlon on
September 11, 1996. ......1I'IbeII of tt\e Coalltlon repr'Hnt community-baled organlntlon.
.rld Indlvlduala who routinely work wlth cltles and .Iectecl officI... to .dd..... tob.cco
rer-ted luues, OI'dlnanca and local 8Ctlv1tles. The Coalition YOt8d to direct correspondence
to govaml7l8nt.1 .gencl.1 to ttrmlnate the Federal Tobacco Price Support Program for
tobacco growers.
~'';'~C'':
-:-r'='"
~tIon !'J /wppOIta rJJ. review and rMloprlon of an ordinance requiring the SIll, 01
c1g.,.ttN by . am" r:Jerk. .
The Cep6, II..., it .he.... the Youth Council'. concern with the open avalleblllty of Cigarette.
end amok..... tobacco to chlldllln and adolescent.. Since the Youth CouncU submitted
ItIrwcommendatlont, new Fede'" Drug Administration (FDA) rule. were publlahed In the
Fedellll RegJater on August 28, 1998 regulating the sale and distribution of cigarettes .nd
smolUlless totMlcco to childr.n and adolac."ts. Specifically, the Federll Drug
'Administration', ,cceaa reatrlctlon rule prol1lblts clgarene vending maehlnea and .elf-
Mt'IIIce dllplays, except In nlQhtGlubs and other facllltle. lneccesslble to children: bens the
saI. of cIOIrtttllln pecka fewer than 20; utlIbU,h" the nacional minimum age of 18 for
the DurCh... Of clgar.ttes: prohibits all fr.. sampl.s and limits /lItall saln In most
c1rcl.lflWt8l1CH to t.oe-to-f8ce tFent8Ctlonl. The.e rule. .hould make .Ignlflcant strld.s In
addressing the Inuet of avalleblllty. Currently County tUff b dltec:Ung tha local Stop
Acee.. to Kids Enforcement (STAK!) Act prog/llm whIch Is .n lIflforcernent .ffort
e.tabl'shed by the Sl8te to combat llJegal saln to minor..
RectHf'll'Mnd.Uon B support. " ban on ot./tlllde tobacco edvertJ:rIng withIn 2.000 "et of
IIChoOb. .
The DeJ)ertment suPPOrts the Youth Council's concern of outdoor tobacco advertising near
school.. Sublequent to the Youth Council'. .ubmlsalon of their recommendetlon., new
Federal Drug Admlnlstretlon (FOAl regulations ware published. The new regulatIon.
prohibit outd~r advertising of tobacco products, InCluding blnboerd .d"enlslng within
1,000 _t of lIChoore and pubic playgrounde.Although the I1Idlu5 Is not.. wide II that
recommertded by the Youth Council It does capture thelntflnt of the recommendation.
In eddftlon the new Fede,.1 Drug Administration IFDA) rules fl.ll'th8t ,.strlct clgar.ne and
,moke.... ~ advertlllnG to I....n the appeal of th... products to youth. The rule
accompll.hes mI. ay generllly restrlcdng edvartblng directed toward chlldr.n and
3
15'''/ ~
12/~9/1996 13;31
131 e4327931
CGA
PAGE ~7
SUBJI!CT: R!PORT ON TOBACCO CON"",OL EFFORTS WITH YOUTH (All Dist1s1 A
lldolescents. to bl8Ck end white text only ad"ertlslng: prohibiting the ,.Ie or dl.trlu~'Of
brand-identified promotlone' Items and non-tobacco Itema such aa hets end tee .shirts; and
prOhlbltfng .pon.orshlp of sportinG end othe, events, tellms IInd entrle. In , brand n.me
Of tobacco. Sponsorship under II corporat, name II permlqlble.
RtJcomtMtldetion 7 supports . blllt on tobllCCO 8dvert&lng bekJw th,.. feet and nellr c.ndy
"*1.
The Department concurs that the mllnn" In which tobllOCO I, displayed Is an Important
fectOt In the tobecco oontrol effort, and Is actively Involved In merchant education
prag,."." '"'* la betne done an a SUltllwIdtI basis through Operation Storefront whk?h I.
a progtllm directed end menaged '1ocIlly that ..eks to chenge paQele, re9.rdl"g tobacoo
.tvertlU,O lII1d promotion tatgetlng youth. StIIff la currently developinG the Implementation
of Pha.. III of Operation Storefront. Thl. Includes ooll,boratlon end pertnerlng wlth the
Tobacco Control Coalition members as well as youth IInd IIdult enmmunlty "olunteers.
While PhaSe I of O~gjitorefront Was d..ISF\~ to"document the prevelence of tobacco
advertising, "titS. " dNlgned to aness community readlne.. and rasources, Phas. III Is
d..lgned to Impa.ment . community action plan to voluntarily reduce tha placement of
~ecco pradUC'tll, Ildvertluments and promotions near CIIndY dlsplllVS and It chHdren', ay.
Ilvel Capproxlmately three feet from the floor). On October 12. 1 B98. youth and adult
volunteers will vlalt star, owners Ind managers In their communitIes to encourage these
"oluntllry cheng... An Inltllll survey wUI b, conducted to ...... the amount of tobacco
advlrtl8lna, product. and promotions located naar candy dlaplays and at children's aye
1.".1. A fallow up survey wi. 1M concluatecl on November 16, 1998 to datermlne the
. effllCtlveneal of the Interv.ntIon, Any 'recommend.lons. tor the need for further
restrlctkJn8 on advartlslng will be ctarlfled at: that time.
Th. meetJno betw_n the Youth- Council and the County WlS Informative and productive,
It PfQYtded an opportunity fer staff to hur tha concerns and Ideas of the Council, and for
CouncU members to participate In and view Mveral Of the programa and prodUC" utIDzed '
In the County'. ant"'tobaeco .fforts. Th. County and the Council clearly share similar
COncetnl. TM Tobacco Control Plan, COupled with the new Federal Drug AdminIstration's
regulations s1gnlflclntlv .ddress this. concerns.
Respectfully submitted.
R.'~ll i. j .I.14t/;'
LAWReNCE 8. PRlOA III
Chl.f Administrative Officer
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COUNCIL AGENDA STATEMENT
Item /?
Meeting Date 12 / 10 /96
ITEM TITLE:
Public Hearing
District No. 127
Boulevard.
Consideration of Establishing Underground Utility
along Palomar Street from Interstate 5 to Industrial
Resolution Establishing Underground Utility District No. 127
along Palomar Street from Interstate 5 to Industrial Boulevard and
authorizing the expenditure of Utility Allocation Funds to subsidize
private service lateral conversion
SUBMITTED BY: Director of Public Work~ F
REVIEWED BY: City Manage~ ~ Zi'ctf1 (4/5ths Vote: Yes_NoX)
On November 5, 1996 by Resolution No. IIJ84 t;:" City Council ordered a public hearing to
be held on December 10, 1996 to determine whether the public health, safety or general
welfare requires the formation of an underground utility district along Palomar Street from
Interstate 5 to Industrial Boulevard. The publication of the resolution in a local newspaper
was not completed in accordance with the City Code. It is requested that this item be
continued to December 17, 1996.
RECOMMENDATION:
That Council continue the Public Hearing on the formation of Underground Utility District
No. 127 and continue this item until December 17, 1996.
File No: 081O-20-A Y -096
File No: 0735-10-STM-922-9
(M:I..IEngineerIAgendaIUUD 127 c.dcd)
It - /
COUNCIL AGENDA STATEMENT
Item
I?
Meeting Date 12/10/96
ITEM TITLE:
Public Hearing: ZA V-96-12; Continuation of a previous public hearing
regarding an appeal from a Planning Commission denial of a request for
a variance to increase the height of a rooftop sign from 35 ft. to 42 ft. for
the commercial building located at 396 E Street in the C- T Thoroughfare
Commercial zone - Martin Altbaum
/I. Resolution /8"'1.1?Oe!ying the appeal and thereby upholding the
decision of the Planning Commission to deny the request for a variance
to increase the height of a rooftop sign from 35 ft. to 42 ft. for the
commercial building located at 396 E Street in the C- T Thoroughfare
Commercial zone
n Resolution /1i'''/3 ?;~ving the Appeal of Coin Mart from the decision
t.> .
of the Planning Commission and thereby approving a variance for the
construction of a roof-mounted sign to 42 feet above grade for the
commercial building located at 396 E Street within the C-T Thoroughfare
Commercial Zone
This is a continuation of a previous public hearing involving an appeal from the Planning
Commission's denial of a request for a variance to allow the construction of a rooftop sign to
42 ft. in height for the commercial building located at 396 E Street, within the C-T
Thoroughfare Commercial zone. The C-T zone limits the height of rooftop signs to 35 ft. above
grade.
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote: Yes_No-Xj
The previous hearing was continued with direction from the Council that staff come back with
a more definitive solution in response to the applicant's request.
The Environmental Review Coordinator has determined that this project IS exempt from
environmental review under CEQA as a Class II exemption.
RECOMMENDATION: That Council either:
I) adopt the Resolution denying the appeal; or
2) adopt the Resolution approving the appeal, subject to the findings and conditions
contained therein.
/7-/
Page 2, Item
Meeting Date 12/10/96
BOARDS/COMMISSIONS RECOMMENDATION: On June 12, 1996 the Planning
Commission voted 4-2 (1 absent) to deny the request for increased sign height in accordance
with Resolution ZA V-96-12.
DISCUSSION:
Results of Meeting between Staff and Applicant
This request was previously considered by the Council at their meetings of September 17 and
October 8, 1996. At the conclusion of the Council discussion on October 8, staff was directed
to work with the applicant to come back to Council with a more defmitive solution. Attached
are minutes of the Council meeting of October 8, which provide background regarding the
discussion which occurred at that meeting (see Attachment 3).
Staff from the Planning Department and City Attorney's office subsequently met with the
applicant to discuss his proposed signs on November 8. The following specific issues were
discussed at that meeting:
I) The applicant wishes to obtain approval of a roof sign of 128 square feet in size (8' x
16'), and at a height of 42 feet above grade, which is 7 feet higher than allowed by the
sign ordinance. He feels that a sign of this size and height is necessary in order to obtain
identification of his business from the adjoining public streets (Third A venue and E
Street), and to allow a sign of the proper portions to be constructed. The proposed sign
would include both the name of the business and an illustration (see Attachment 1).
2) The applicant still wishes to install fascia signs on each of the four sides of the building,
which would be attached to the roof parapets. Each of these signs would be
approximately 75 square feet in size. These fascia signs are allowed by the sign
ordinance in this zone. At the City Council hearing, the applicant indicated that he had
ordered these signs after the Planning Commission voted to deny his appeal of the
request for the roof sign on June 12, in order to ensure that he would have some form
of permanent signs for his building prior to the holiday season. (It should be noted that
the applicant filed his appeal of the Planning Commission action on June 13, and City
staff originally scheduled the City Council appeal hearing for July 9. The applicant
subsequently requested continuance of the public hearing to September 17.)
At the City Council hearing on October 8, the applicant said that the signs were under
construction, and he would incur a severe economic hardship if he did not install them.
However, he indicated to staff at the November 8 meeting that he had been unable to
reach his sign company and therefore could not confirm the status of the signs. At this
point, staff is not aware of whether or not these fascia signs have actually been
constructed.
1?,.eJ,
Page 3, Item
Meeting Date 12/10/96
3) The applicant acknowledged that temporary banner signs which were placed on the
building at the time the business was opened in June have not been removed, even though
they are not allowed for more than 14 days under the City's sign ordinance. Staff has
initiated code enforcement action regarding these signs; however, the applicant has
indicated that he does not intend to remove them until permanent signs are installed.
Given the information presented to us at this meeting, staff is still of the opinion that either a
roof sign or two or more fascia signs would provide adequate identification of the business from
Third Avenue and E Street. Therefore, given the applicant's indication that he still intends to
install the fascia signs, staff would continue to recommend denial of the variance. On the other
hand, if the applicant agreed to withdraw his proposal to install fascia signs, staff feels that a
stronger case could be made in support of the findings required to grant a variance for a roof
sign.
However, in response to direction from Council, staff has prepared a draft resolution for
approval of a variance which would allow the requested roof sign, and would not restrict the
installation of fascia signs. The proposed findings, as contained in the resolution, are based on
the fact that this is an existing building, and that the height of the building would not allow for
the installation of a properly proportioned roof sign which would be visible from the adjoining
streets, and still meet the 35 ft. height limit.
Response to Comments Regarding Process
At the hearing on October 8, the applicant raised questions regarding the manner in which his
request was reviewed, compared to other previous requests for signs on the same building.
Specifically, the applicant stated that "[feel that there is not only a discrimination case, but a
case of whether or not there is some type of a vested interest in refusing the sign to me since it
was given twice to people after it was abated".
The reasons for the granting of previous sign permits for face changes on the roof-mounted sign
on this building were based on staff's interpretation of the sign ordinance, and have been
previously explained with specific references to applicable code sections. The applicant is
correct that a number of previous financial institutions have used the rooftop sign structure that
was installed when the building was originally constructed, after changes in the sign ordinance
resulted in the sign's nonconforming status. However, the reason the sign was not abated during
the City's sign abatement program was because this particular sign had not been identified as
non-conforming, and therefore the property owner had not been notified. Therefore, staff took
the position that the sign should not be abated as long as the same type of business continued
in the building, and as long as the same sign structure was retained on the building, consistent
with the following Code sections:
1) Section 19.60.120, which states that nonconforming signs shall be modified to conform
to zoning requirements if a change of land use occurs.
/?- ]
Page 4, Item
Meeting Date 12/10/96
2) Section 19.60.120, which states that nonconforming signs shall be modified to conform
to zoning requirements if a building permit for the proposed sign is required.
3) Section 19.60.060, which states that all signs relating to a business which has closed or
moved away shall be removed, together with any supporting structures within 90 days
of the obsolescence.
The requests for refacing of the previous roof-mounted sign by successive [mancial institutions
did not trigger any of the aforementioned sections, while the current request by the applicant in
fact triggered all three of the sections.
FISCAL IMPACT:
Charges through November 7, 1996 for the processing of this application include 41.75 hours
of staff time (research, report preparation, meetings, supervision, administration) totalling
$2992.21, inclusive of the full cost recovery factor, and $271.16 for newspaper publication and
mailing to property owners of the public hearing notice.
Total billing through November 7 has thus amounted to $3,263.37. The applicant has paid
deposits of $2,200.00 to date, and the account is currently deficit in the amount of $1,063.37.
Staff is recommending that if the application is approved, payment of all outstanding fees shall
be required prior to issuance of building and/or sign permits for the rooftop sign.
Attachments
1 Locator and Plans
2. Council Agenda Statement from meeting of 10/8/96
3. Minutes from City Council meeting of 10/8/96
4. Council Agenda Statement from meeting of 9/17/96
5. Minutes from City Council meeting of 9/17/96
(Minutes of the 9/17 meeting will be approved at tonight's meeting)
6. Planning Commission Resolution
7. Minutes from Planning Commission hearing
8. Wall Sign Permit Plans
9. Correspondence from Public Regarding Proposed Variance
10. Disclosure Statement
/?-r
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ATTAC
LOCATOR HMENT 1
AND PLANS
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FRIENDSHIP
PARK
,
CHULA VISTA PLANNING DEPARTMENT
LOCATOR PlO~ Coin Mart PROJECT 0fS0lI'll0N:
C) APl'UC<N1', VARIANCE
PlO~ 396 "E"Su.-t Request: To allow a roof top sign to 42 ft. from
ADORSS:
grade (17' above roof line). Code reslricts height -
SCAl.E: FU NUM8Bt: to max. 35 ft. above grade.
NORTH No Scale ZAV-96-12
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ATTACHMENT 2
COUNCIL AGENDA STATEMENT FROM MEETING OF 10/8/96
;r /'}-'9
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/8/96
ITEM TITLE:
Public Hearing: ZA V-96-12; Continuation of a previous public hearing
regarding an appeal from a Planning Commission denial of a request
for a variance to increase the height of a rooftop sign from 35 ft. to 42
ft. for the commercial building located at 396 E Street in the C- T
Thoroughfare Commercial zone - Martin Altbaum
Resolution Denying the appeal and thereby upholding the
decision of the Planning Commission to deny the request for a
variance to increase the height of a rooftop sign from 35 ft. to 42 ft.
for the commercial building located at 396 E Street in the C-T
Thoroughfare Commercial zone
SUBMITTED BY: Director of Planning
REVIEWED BY:
City Manager
(4/Sths Vote: Yes_No..xl
This is continuation of a previous public hearing involving an appeal from the Planning
Commission's denial of a request for a variance to allow the construction of a rooftop sign
to 42 ft. in height for the commercial building located at 396 E Street, within the C- T
Thoroughfare Commercial zone. The C-T zone limits the height of rooftop signs to 35 ft.
above grade.
The previous hearing was continued with direction from the Council that staff negotiate with
the applicant to find a mutually acceptable solution regarding the height of the proposed
rooftop sign in conjunction with overall signage on the site.
The Environmental Review Coordinator has determined that this project is exempt from
environmental review under CEQA as a Class 11 exemption.
RECOMMENDATION: That Council adopt the Resolution denying the appeal.
BOARDS/COMMISSIONS RECOMMENDATION: On June 12, 1996 the Planning
Commission voted 4-2 (1 absent) to deny the request for increased sign height in accordance
with Resolution ZA V-96-12.
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Page 2, Item
Meeting Date 10/8/96
DISCUSSION:
Result of Staff/Applicant Meeting
This request was previously considered by the Council at their meeting of September 17,
1996. At that time, discussion by the City Council resulted in questions concerning the
height of the proposed rooftop sign as presented. The public hearing was continued and
staff was directed to negotiate with the applicant to arrive at a mutually acceptable solution
regarding the height of the proposed rooftop sign in conjunction with an overall sign
program for the site.
Staff has subsequently met with the applicant, who is now proposing a reduction in the
rooftop sign area to 124 sq. ft. and a reduced height to 38 feet. However, the applicant has
indicated that all four fascia signs which have already been constructed would be installed
as well (see copies of permits issued attached). The original compromise offered by staff
to the applicant was for a Zoning Administrator variance of a 105 sq.ft. sign at 38 ft. in
height. This was based upon the fact that no fascia sign age was proposed and thus, visibility
could be cited as a factor in approval. The applicant's latest proposal would have some
merit as a compromise if the fascia signs were not being installed.
Because the applicant is intent on installing the four fascia signs, staff has concluded that
the building has more than adequate visibility and exposure on all sides and have reached
the same conclusion that was reached in our initial report, which is that no hardship exists
to justify a variance to allow a large rooftop sign in excess of the height permitted by Code.
Therefore, we do not recommend approval of the compromise as offered by the applicant;
namely, that the four fascia signs and the roof sign would all exist on this property.
Clarification Regarding Previous Sie:n Proe:ram
As a point of clarification, at the previous Council hearing, the applicant expressed concern
that previous businesses had been issued sign permits allowing for the continuation of a
rooftop sign. The applicant is correct that a number of different financial institutions have
occupied this site since its construction, and that each of them used the rooftop sign
structure that was installed when the building was originally constructed. The most recent
sign permits i~sued (prior to Coin Mart) were permits for face changes for Home Savings
Bank in 1991. .
The rooftop sign was not identified during the City's sign abatement program as a
nonconforming sign, apparently because information regarding the building height (and
therefore the height from grade of the rooftop sign) was not noted as part of the City's sign
records. Therefore, the property owner was not apprised at the beginning of the fifteen
year amortization period of the pending abatement program as were other owners of
nonconforming signs.
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Page 3, Item
Meeting Date 10/8/96
The applicant's proposal for signage, including installation of a rooftop sign, triggered
abatement of the rooftop sign per the City's sign code for three different reasons:
1) Section 19.60.120 states that nonconforming signs shall be modified to conform to
zoning requirements if a change of land use occurs. This did occur since the
applicant was changing the use from financial to retail.
2) Section 19.60.120 states that nonconforming signs shall be modified to conform to
zoning requirements if a building permit for the proposed sign is required. Since the
proposed rooftop sign required the installation of a new cabinet, a building permit
would be required.
3) Section 19.60.060 states that all signs relating to a business which has closed or
moved away shall be removed, together with any supporting structures within 90 days
of the obsolescence. Since this building had been vacant for at least 90 days prior
to the applicant's occupancy, the supporting structure (pole) is required by code to
be removed.
Summary
Based on the reasons previously stated, staff recommends that the City Council deny the
appeal of the Planning Commission's action on this matter.
FISCAL IMPACT:
The applicant has paid all applicable processing fees.
Attachments
1. Conncil Resolution
2 Locator, Plans
3. A-I13 from meeting of 9/17t.16
3. Planning Commission Resolution ZA V-96-12
4. Planning'Commission Minutes, June 12, 1996
5. Wall Sign Permit Plans
6. Public Response
7. Disclosure Statement
(m:\home\planning~atty\coinmart)
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ATTACHMENT 3
MINUTES FROM CITY COUNCIL MEETING OF 10/8/96
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Minutes
October 8, 1996
Page 3
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PUBLIC HEARINGS AND RELATED RESOLUTIONS AJI.'I) ORDINANCES
11. PUBLIC HEARING ZAV-96-12; CONTINUATION OF A PREVIOUS PUBLIC HEARING
REGARDING AN APPEAL FROM A PLANJI.'1NG COMlIfiSSION DENIAL OF A REQUEST FOR A
VARIANCE TO INCREASE THE HEIGHT OF A ROOFTOP SIGN FROM 35 FEET TO 42 FEET FOR
THE COllIMERCIAL BUILDING LOCATED AT 396 "E" STREET IN THE C-T THOROUGHFARE
COMMERCIAL ZONE - MARTIN ALTBAUlII - This is a continuation of a public hearing from 9/17/96
involving an appeal from the Planning Commission's denial of a request for a variance to allow the construction
of a rooftop sign to 42 feet in height for the commercial building located at 396 "E" Street. At that hearing,
Council directed staff to negotiate with the applicant to find a mutually acceptable solution regarding the height of
the proposed rooftop sign in conjunction with overall signage on the site. Staff met with the applicant who indicates
a willingness to reduce the rooftop sign area to 124 square feet and a height of 38 feet. However, all four facia
signs would be installed as well. Staff recommends approval of the resolution. (Director of Planning)
RESOLUTION 18437 DENYING THE APPEAL OF COIN MART FROM THE DECISION OF TB...
PLANJI.'1NG COMMISSION AJI.'I) THEREBY DENYING A VARIANCE FOR THE CONSTRUCTION OF
A ROOF-MOUNTED SIGN TO 42 FEET ABOVE GRADE FOR THE COMMERCIAL BUILDING
LOCATED AT 396 "E" STREET WITHIN THE C-T THOROUGHFARE COMMERCIAL ZONE
Ken Lee, A.ssistant Planning Director, provided overhead transparencies showing diagrams of the facia signs and
proposed rooftop sign for Coin Mart. From a staff perspective, the proposed rooftop sign is a variance in terms
of height regulations. To arrive at variance findings, Council must find a hardship on the property. Staff was
unable to make fmdings of hardship justifying any sort of variance for the rooftop sign. Earlier this year, they
originally discussed with Mr. Altbaum a compromise of 105 square feet, but that was on the basis of no facia signs
proposed at that time nor were any considered. Again, the Planning Commission brought that same issue up, but
they felt that some sort of compromise was reasonable in their minds as long as they were talking about a rooftop
sign and not dealing with additional signs.
This being the time and place as advertised, the public hearing was declared open.
. Bill Ayers, 44 East Mankato Street, Chula Vista, was proud of the City for taking a strong business attitude to
bring in ne'w business and in helping our own businesses relocate. He stated the building sat empty for several years
and was an eyesore to the community. The building had the large sign for several years, and Mr. Altbaum should
also have the sign. He implored the City to continue their business friendly attitude.
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Mtnutt's
Octoner S, 1996
Page 4
· Martin Altbaum, 396 E Street, Cbula Vista, representing Coin Mart Jewelry, spent $24,000 for tbe four facia
signs and did not want to tbrow tbem in tbe trasb because of its history. He purcbased the building on November
21, 1995, after it bad remained vacant for 3-1/2 years. Prior to tbe purcbase, be went to tbe Planning Department
and asked wbat type of sign was allowed. Stephen Griffm pulled tbe files and sbowed him pictures of the Central
Federal Savings sign tbat was put up in 1972, tbe Coast Savings sign tbat was put up in 1989, and the Home
Savings sign tbat was put up in 1991. illl oftbe pictures sbowed tbe height oftbe sign to be 45 feet offtbe grade.
\\'itb that information, be felt be was entitled to the sign. The engineers at Central Federal in 1972 designed the
sign and put it at a height of 49.5 feet which they tbought was visible. The City report states that no one noticed
tbat, and the City never bad any heigbt in tbeir records. The signs were approved in 1989 and 1991, botb witbout
a variance at tbe 49.8 feet height. He was asking for a sign that was only 10 feet less tban tbe sign tbat bad
originally been there for 20 years.
Wben be purcbased tbe building, tbe Planning Department told him be needed a variance, and be spent $1,000 for
tbat. He went to tbe Planning Commission and tbere was a beated debate witb a 3-3 vote for over 1-1/2 bours.
The Acting Assistant City Attorney told the Planning Commission the item could not be referred to Council unless
it was a 4-2 vote, so Bill Tuchscher, Chairman of the Commission, voted against it so the issue could be forwarded
to Council. The draft reports and tbe Planning Department indicated be was not able to bave the rooftop sign under
any circumstances. After the denial by the Planning Commission, be was faced with the dilemma of Christmas
coming up and not having any signs. Against his better judgment and arcrutectural feelings, be went ahead and put
a $12,000 deposit for tbe facia signs be did not want but bad no cboice. The signs are legal and be is entitled to
tbat, as well as a rooftop sign as long as it did not go over 35 feet.
The reason for the facia signs were because if Council denied it, he would bave to go to a higher authority which
could take 2-1/2 years and during tbat period of time, be didn't want a building witbout signs. Now tbat be was
forced into the facia signs, be was told by tbe Planning Department tbat if be didn't bave them, they would bave
approved the rooftop sign. The reason for a fairly big sign is if there is a picture, it cannot be more tban one-fourtb
of the square footage of tbe sign; and if you bave letters on tbe sign, it cannot be more tban one-balf of tbe square
footage. He explained the sign would face E Street, but there would be no view from the other two directions.
The sign would be 6 feet above the roof and from standing across tbe street. you would not be able to see tbe entire
sign. The banks felt they needed more \'isibility whicb was wby tbe sign was installed so higb.
Councilmember AJevy asked if the sign ordinance parameters were based on feet from tbe sidewall\..
Mr. Lee replied tbe sign parameters were based on feet from tbe front property line and sidewalk, and tbe City did
not allow for moving or flashing lights.
Councilmember Moot asked Mr. Altbaum wbat would tbe bardship be for Council to justify granting a \'ariance if
be was going to have four facia signs an)way.
Mr. Altbaum replied the justification was tbat be originally wanted the rooftop sign and not tbe facia signs. The
Planning Commission was not interested in rooftop signs at all, so it was either facia signs or nothing. He felt he
bad a discrimination case, as well as a case whetber there was some type of vested interest ~ refusing the sign
because twice it was given to people after it had been abated, and staffs findings indicate the City did not have tbe
height of the building or sign.
Councilmember Moot said he was trying to understand tbe connection between tbe current claim of bardship and
bow that bardship could be used to factually justify a variance for tbe rooftop sign.
Mr. Altbaum said tbe facia and rooftop signs were needed because the building was large, and it was necessary to
promote tbe traffic situation and distance to see the signs. If Council's decision was that it sbould be at 35 feet,
be would appeal it. ill addition, be would put up a rooftop sign at the 35 foot level, it would not be wbat he wanted
but it would be legal. He added that another authority would decide wbetber or not tbe financial bardship was
caused by him or another agency. He was upset that tbe Planning Commission now bad the Building Department
~ 1/,/.5'
Minutes
October 8, 1996
Page 5
involved, wbo suggested be take the pole down. He did not believe the Building Department was ever involved
during the 20-year history of the sign. Mr. Altbaum said the pole would stay up until the sign issue was taken care
of and until a federal judge ordered it to happen.
Councilmember Padilla asked the City Attorney if Council had latitude allowing them to grant the variance under
a broad array of grounds.
Mr. Googins said under the City's ordinance and applicable Gove=ent Code provisions to which the ordinance
was adopted, in order to grant a variance, Council needed to offer written findings in support of the four
propositions in the draft resolution. In order to sustain a granting of a variance, there has to be substantial evidence
in the record to support those fmdings. The finding states that Council needs to find that a hardship exists peculiar
to the property, and that it was not created by any act of the owner. The hardship may include practical difficulties
in developing the property for the needs of the owner consistent with the regulations of the zone. In this context
personal, family, or financial difficulties, loss of prospective profits, and neighboring violations were not hardships
justifying a variance. A previous variance can never set precedence for each case must be considered only on its
individual merit. That is the example of the fInding Council would need to make in order for tbe City Attorney
to defend any action Council made.
Councilmember Padilla asked if there were other findings that Council could make that were consistent with the
policy to allow for the variance.
Mr. Googins said no and that Council needed to make all fmdings provided in the ordinance to justify the granting
of the variance. If Council could not make findings on anyone of them, that would be the basis to deny the
variance. The hardship finding under generally applicable laws is usually based upon hardships that are pecur
to the property, for example, size of the lot, topography, and other kinds of things; that is the classic varian.
finding.
Councilmember Moot was concerned about the ability to make a finding of hardship that would hold up to legal
challenge of a private citizen who might not like a rooftop sign and four facia signs. He didn't want the City's
taxpayers to be in the position of having to defend a lawsuit, and felt the City needed to work out reasonable
solutions and compromises so they did not get put in these types of situations. He asked if he was perceiving a
situation that was not a realistic possibility.
Mr. Googins said Councilmember Moot's perception was accurate and if Council was interested in approving the
variance, in light of the findings and testimony, he suggested allowing staff additional time to analyze their concerns
and issues in what Council considered to be the basis for granting the approval. The additional time would allow
staff the opportunity to come back with better findings to support such an action.
Councilmember Moot said his concern was that the type of hardship Mr. Altbaum articulated did not strike him as
being the type of hardship that could justify the variance, because the hardship in a sense was self-created as
Mr. Altbaum made the decision to purchase the facia signs. In another case, he could see the justification of fmding
a hardship~ and allow the pole sign because of architectural reasons and the fact Mr. Altbaum had already made the
decision that it would hurt business.
Mr. Googins said Councilmember Moot was accurately expressing a concern in being able to make such a finding
on those circumstances. He shared his concern and believes the finding would be difficult to defend in a legal
context which is one of the reasons staff recommended denial in this case.
Councilmember Padilla asked if staff was willing to support any type of variance.
Mr. Leiter said the compromise was based on the discussion of no facia signs being installed. The City felt, and
the applicant agreed, that the architecture was not such that it was a preferred solution. The facia sign was really
integral to staffs position earlier that a variance for a rooftop sign could be supported.
~ 17-/1,
;-.1inu!es
Gotober S. 1906
Pafe 6
Councilmember Padilla mentioned as staff stated earlier, Mr. AJtbaum was free to put up as many facia signs as
he v.'anted, but it was not the issue. The issue of how many facia signs he has on his building was irrelevant to the
height of the rooftop sign and that was the basis for his appeal. If that is true, and staff is willing to support that
in their report, staff and 11r. Altbaum are very close to compromising. He asked Mr. Googins of the latitude to
amend the ordinance, because it was needed to examine things on a case-by-case basis, as this was not business
friendly.
Mr. Googins stated if Council wanted to approve any particular proposal, his preference would be to get together
again with staff, take another look at the findings, and see what type of findings they could come up with in order
to support that proposal. One of the considerations tbat staff weigbed in tbeir evaluation of tbe significantly larger
sign is their view that a larger sign, in combination with the facia signs, would be such a proliferation of signs that
it might be considered a substantial detriment to adjacent property owners. That was one of staff's calculations in
determining wbetber or not tbey would be able to recommend a combination of both the monument sign and the
facia signs. He agreed that tbe undue bardship finding was difftcult to make, and be suggested more time to offer
Council sustainable ftndings on those circumstances.
Councilmember 1100t said it was important to Dote that Mr. Altbaum made it clear of his intention to bring legal
action against tbe City, and tbat would cost tbe City money. He bas felt all along tbat Mr. Altbaum bad tbe rigbt
to the pole sign. There was certainly a possibility that a neighbor might not like the four facia signs and could also
bring legal action against tbe City. He believes it would be appropriate for legal staff to come up with a potential
set of findings to give Council the best legal opinion as to whether a fmding of hardship could be sustained if the
City was cballenged by an adjacent property ov.ner.
"1r. Altbaum said be initially rejected tbe earlier compromise by tbe Planning Commission because it was a buge
reduction in a sign where the letters could not be seen because of tbe background. After being turned do\l.'D by tbe
Planning Commission, be told Mr. Griffin be migbt reconsider tbe 105 square feet and 8 feet higb sign. He was
told by Mr. Griffin tbat tbe offer was no longer on tbe table, so at that point tbere was no redesign for 105 square
feet. He did not want to sue anybody, but be was trying to understand what be was going to do if the man across
tbe street witb a single story puts up four signs and a 150 square feet sign, allowed under the City's ordinances,
and it read jewelry. He asked if at tbat point tbe City Attorney would feel be bad a financial bardship.
Mayor Horton requested tbat Council needed to get tbe proper legal advice so tbey could move forward.
Councilmember Alevy stated tbat tbe facia and rooftop signs were basically tbe same, and be asked if Mr. Altbaurn
intended something different.
Mr. Altbaum said be bad not crossed tbat situation because the original designs were taken off tbe table by the
Planning Commission. At the time tbe sign was designed, it was to be the only sign.
Mr. Leiter said Mr. Altbaum indicated be came to the counter, obtained the information that a rooftop, sign was
allowed, and tben was later ,told tbat a variance was required. We did not get any indication from staff tbat
Mr. Altbaum was sbown a particular sign at a particular beigbt and was told it was okay. The other point be
clarified was tbe legal issues regarding the previous signs on the bank. In the early 19705 when the code
enforcement and abatement program was an issue, it was not noted on this particular building that the rooftop sign
exceeded tbe height limit. ~re checked our files and there was no record. The bank owners changed twice, but
tbe sign's structure, as we see it from our files, remained the same. After tbe building was abandoned, tbe sign
structure was removed, and the sign ordinance makes provisions for a new sign to meet the code requirement. It
is important to understand how tbe City's sign ordinance works and how it was enforced. In this case, he did not
think it was ever viewed as being discriminatory against a particular land use, because it had to do with the
circumstances that were in place when the abatement program was started, and the circumstances when this
particular proposal was brougbt in.
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~1inutes
O"ooor 8, 1996
Page 7
Council member AJevy hoped for a good resolution for everyone and requested staff to return with somethmg
constructive and with ansv,'ers to Council's questions.
There being no further public testimony, the public bearing was declared closed.
J\1SC (Ale~y) to ha~e staff come back \lith a more definiti~e solution, appro~ed 4-0-1 "ith Rindone absent.
~/?-/Y
ATTACHMENT 4
COUNCIL AGENDA STATEMENT FROM MEETING OF 9/17/96
-~/7-19
COUNCIL AGENDA STATEMENT
Item
Meeting Date 9/17/96
ITEM TITLE:
Public Hearing: ZA V-96-12; Appeal from Planning Commission
denial of a request for a variance to increase the height of a rooftop
sign from 35 ft. to 42 ft. for the commercial building located at 396 E
Street in the CoT Thoroughfare Commercial zone - Martin Altbaum
Resolution Denying the appeal and thereby upholding the
decision of the Planning Commission to deny the request for a
variance to increase the height of a rooftop sign from 35 ft. to 42 ft.
for the commercial building located at 396 E Street in the CoT
Thoroughfare Commercial zone
SUBMIITED BY: Director of Planning
REVIEWED BY:
City Manager
(4/5ths Vote: Yes_No.Kl
This is an appeal from the Planning Commission's denial of a request for a variance to
allow the construction of a rooftop sign to 42 ft. in height for the commercial building
located at 396 E Street, within the CoT Thoroughfare Commercial zone. The CoT zone
limits the height of rooftop signs to 35 ft. above grade.
The Environmental Review Coordinator has determined that this project is exempt from
environmental review under CEQA as a Class 11 exemption.
RECOMMENDATION: That Council adopt the Resolution denying the appeal.
BOARDS/COMMISSIONS RECOMMENDATION: On June 12, 1996 the Planning
Commission voted 4-2 (1 absent) to deny the request for increased sign height in accordance
with Resolution ZA V-96-12.
DISCUSSION:
Backeround
This commercial building previously had a roof-mounted sign which was originally
constructed to 45 ft above grade (17 ft. above the building roofline). Although this sign met
the sign criteria at the time it was constructed, since 1972 the Zoning Code has limited
rooftop signs to a maximum of 35 ft. above grade. The building has been vacant with no
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Page 2, Item
Meeting Date 9/17/96
rooftop sign for a number of years, and Coin Mart now occupies the building. The
applicant is requesting a rooftop sign at 42 ft. above grade, which exceeds the maximum
height allowed for such sign age.
Site Characteristics
The project site consists of a commercial building located on a site just over 25,000 sq.ft.
in area at the southeast corner of Fourth Avenue and E Street. A commercial building
(formerly a bank) approximately 6,800 sq.ft. in size is located on the northwest corner of
the property. A drive area designed for former teIIer windows is adjacent to the building
on the easterly side, and a small kiosk building and site parking are located east of the drive
area.
Zoning: and Land Use
North -
South -
East -
West -
COT
C-O- P -
CoT
CoT
Vacant (future fast food)
Residential & Offices
Commercial
Commercial
A vacant parcel upon which a fast food facility is proposed is located to the north across
E Street; a retail flower shop is located to the west across Fourth Avenue. To the south,
across an alley, are residential and office uses, and commercial service uses are sited on the
east side of the property.
E Street at this location is designated on the General Plan as a four lane major street and
serves as a main entry to the City from both 1-5 and 1-805. Fourth Avenue is also a main
entry from SR.54.
Proposal
The proposal is for the construction of a roof-mounted sign at 42 ft. above grade (17 ft.
above the building roofline) to accommodate business identification for the new occupant
of the commercial building on this site. The height of the proposed sign would be three
feet lower th~n that of the original roof-mounted sign. While that sign met zoning
regulations at the time of its construction, under current sign ordinance regulations
(adopted some 25 years ago) it would be considered nonconforming.
The building and site were originally designed with a rooftop sign in mind. The building
is located at the corner of the property abutting both Fourth Avenue and "E" Street, making
it impractical to locate a freestanding sign at the corner. However, the Planning
Commission pointed out that the facia could accommodate signs in a very tasteful manner.
Permits for wall signs on the facia have in fact been issued; please see plan copies attached.
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Page 3, Item
Meeting Date 9/17/96
Analvsis
Current Sign Regulations
As stated previously, the CoT (Thoroughfare Commercial) zone restricts the height of roof-
mounted signs to a maximum of 35 ft. above grade. At the time that this regulation was
adopted, it was reasoned that roof-mounted signs should be accorded no greater height than
was permitted for ground-mounted freestanding signs, which are limited to 35 ft. high
throughout the City. The CoT zone is the only zone within the City which allows rooftop
signs.
Freestanding signs are currently controlled by three factors: roof-mounted signs are limited
to 35 ft. above grade in overall height; the height of the rooftop sign above the building on
which it is located may not exceed the height of the building; and the maximum area of any
roof-mounted sign is 150 sq.ft. The height of the proposed sign does not exceed the
building height, and thus is not an issue. However, the overall height of the sign above
grade exceeds the permitted height by 7 feet and represents a 20% increase in the maximum
allowed height. In addition, the proposed sign area depicted on the plans (153 sq.ft.)
exceeds the maximum area allowance by 3 sq.ft. and would have to be reduced by 3 sq.ft.
to comply with the maximum sign area allowed. The applicant has stated that this is not
a problem.
Signage Proposed
The highly visible building is sited directly on the northwest corner of the parcel,
overlooking the intersection of Fourth Avenue and E Street; the rooftop sign is proposed
to be located on the northwest corner of the roof. Further, there are no obstructions of
views to the building from the other corners of Fourth Avenue and E Street or the vicinity
of the intersection. As a result, a conforming sign's visibility does not appear to be at issue,
nor has the applicant argued such.
Planning Commission Action
The majority of the Commission did not favor increasing the height of the sign beyond that
required for legibility, particularly for a type of sign (rooftop) which they considered
inherently obtrusive and inconsistent with the attractive design of the building. There were
suggestions that an attempt be made to incorporate signs onto the building facia. (Note: the
Code would allow a minimum 60 sq.ft. facia sign facing "E" Street, and 110 sq.ft. facia sign
facing Fourth Avenue.
In response to the notice of the Planning Commission hearing for this project, the Planning
Department received three letters of objection from property owners and tenants on Guava
Avenue (see attached). These letters were presented to Commissioners at the hearing, and
express concerns regarding lighting and visual impacts.
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Page 4, Item
Meeting Date 9/17/96
Conclusion
The majority of other buildings located in the vicinity of the project site are of a relatively
small scale compared to the building on this site. Further, both the florist on the southwest
corner of the intersection and the gas station/mini-mart on the northwest corner have
monument signs in keeping with the lower profiles of the buildings they identify. In
addition, the Design Review Committee is currently processing plans for a new restaurant
to be located across "E" Street at the northeast corner of Fourth and E, with a low-profile
monument sign proposed. Staff has concluded that the height of the proposed roof-
mounted sign is not required for visibility and is not in keeping with other buildings and
signage in the immediate vicinity.
One of the requisite findings for approval of a variance is the existence of a hardship. No
hardship has been presented by the applicant, and as indicated in the previous discussion,
both staff and a majority of the Planning Commission were unable to find a hardship
justifying approval for the proposed height increase. Therefore, staff's recommendation is
for denial of the appeal as presented.
At the City Council meeting of 7/9/95, Council requested that project visuals be provided
showing how the proposed sign age would look. The applicant will be providing such visuals
at the meeting.
FISCAL IMPACT:
The applicant has paid all applicable processing fees.
Attachments
1. Council Resolution
2 Locator, Plans
3. Planning Commission Resolution ZA V-96-12
4. Planning Commission Minutes, June 12, 1996
5. Wall Sign Permit Plans
6. Pnblic Response
7. Disclosure Statement
(m:\home\planning\patty\coinmart)
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PLEASE REFER TO MINUTES BEING PRESENTED FOR APPROVAL
AT TONIGHT'S COUNCIL MEETING
ATTACHM:ENT 5
MINUTES FROM CITY COUNCIL MEETING OF 9/17/96
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ATTACHMENT 6
PLANNING COMMISSION RESOLUTION
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RESOLUTION NO. ZAV-96-12
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION DENYING A VARIANCE FOR THE
CONSTRUCTION OF A ROOF-MOUNTED SIGN TO 42 FT.
ABOVE GRADE FOR THE COMMERCIAL BUILDING
LOCATED AT 396 E STREET WITHIN THE C-T
THOROUGHFARE COMMERCIAL ZONE
WHEREAS, a duly verified variance application was filed with the City of Chula
Vista Planning Department on April 12, 1996 by Valley Neon Sign Company, and;
WHEREAS, said application requests approval to construct a roof-mounted sign to
42 ft. above grade for the commercial building at 396 E Street within the C- T Thoroughfare
Commercial zone, and;
WHEREAS, the Environmental Review Coordinator has determined that this
proposal is exempt from environmental review under CEQA as a Class 11 exemption, and;
WHEREAS, the Planning Director set the time and place for a hearing on said
application and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the city and its mailing to property owners within
500 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and;
WHEREAS, the hearing was held at the time and place as advertised, namely June
12, 1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE BE IT RESOLVED THAT THE PLANNING
. COMMISSION DOES hereby find, determine, resolve, and order as follows:
The above-described application for a variance is hereby denied based upon the following
findings and determinations:
I. Findings.
1. No hardship peculiar to the property and not created by any act of the owner
exists. Said hardship may include practical difficulties in developing the property for the
needs of the owner consistent with the regulations of the zone; but in this context, personal,
family or financial difficulties, loss of prospective profits, and neighboring violations are
not hardships justifying a variance. Further, a previous variance can never have set a
precedent, for each case must be considered only on it individual merits.
Rooftop signage within the height permitted by the code would be visible to traffic in the
area, although proportional requirements could limit sign area. Additionally, the code
would allow alternatives to this sign proposal; these include the possibility of a freestanding
sign elsewhere on the property, and wall-mounted signage on the building parapet.
Therefore, a hardship does not exist relative to this property and the proposed signage.
-p- 17"-,27
2. No variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same zoning district and in the same
,'icinity, and that a variance, if granted, would not constitute a special privilege of the
recipient not enjoyed by his neighbors.
The approval of this variance would not serve to preserve property rights for this owner
enjoyed by other properties in the same zoning district and in the same vicinity; as other
properties in the immediate vicinity currently utilize freestanding signage which complies
with code requirements or is actually less than that allowed. If granted, the proposed
variance would therefore constitute a special privilege of the recipient
3. The authorizing of this variance would be of substantial detriment to adjacent
property, and would materially impair the public interest.
The approval of this variance would be detrimental to adjacent property in that it would
provide this property with a sign of excessive height and visibility and an advantage with
respect to business identification in comparison to other surrounding properties.
4. That the granting of this variance would adversely affect the general plan of
the city or the adopted plan of any governmental agency.
The approval of this variance would not be consistent with City policies and the General
Plan for the reasons outlined above.
II. A copy of this resolution shall be transmitted to the applicant.
PASSED AND APPROVED BY TIIE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 12th day of June, 1996, by the following vote, to-wit:
AYES:
Chair Tuchscher, Commissioners Ray, Tarantino, Willett
NOES:
Commissioners Davis, Thomas
ABSENT: Commissioner Salas
~/r>
William C. Tuchscher II, Chair
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Nancy Ri ley, Secfetary
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ATTACHMENT 7
MINUTES FROM PLANNING COMMISSION HEARING
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Excerot from Plannin~ Commission Minutes of 6/12/96
ITEM 2.
PUBUC HEARING: ZAV-96-12; REQUEST FOR A VARIANCE TO.
INCREASE THE HEIGHT OF A ROOFTOP SIGN FROM 35 FT. TO 42 FT.
FOR THE COMMERCIAL BUILDING LOCATED AT 396 E STREET IN THE
C-T THOROUGHFARE COMMERCIAL ZONE - Valley Neon Sign Company
Principal Planner Griffm distributed three letters of objection to the request since the report had
been delivered to the Commissioners along with an alternative resolution of approval reflecting
the earlier staff "compromise" offered to Mr. Altbaum. Mr. Griffm gave the history of the
building and the rooftop sign. He noted that the architecture of the building did not lend itself
well to wall signs without substantial modification, and there was no room for a freestanding
sign.
A revision to the sign code in the 1970's had reduced the height of an allowable roof sign to 35
feet. Mr. Altbaum was requesting a variance to go up to the originally permitted sign height
of 45 feet with 150 sq. ft. in area. Mr. Griffm showed sketches, slides, and overheads
illustrating the various heights including the request. Staff had suggested a 41 foot high sign
with 105 sq. ft., 6 ft. off the roof. The alternative resolution of approval was available to
approve the staff compromise.
Answering Commissioner Davis, Mr. Griffm stated that staff had thought the building was 25
feet tall when they originally offered the staff compromise, but subsequently discovered that the
building is 28 feet tall.
Commissioner Tarantino asked the height of the pole currently on top of the building. Mr.
Griffm said it was left there from the original sign and was approximately 10ft.
Mr. Griffm concluded his presentation by stating in regard to the staff compromise that staff felt
a 100 sq. ft. sign was a very substantial sign, very readable and identifiable. They felt that by
allowing the additional height up to 41 feet, 6 feet above the Code, that perhaps by reducing the
size of the sign but still maintaining identity was fair and appropriate and may address some of
the concerns of the neighbors with the visual impact of the sign.
Commissioner Tarantino noted that in the presentation, Mr. Griffm had stated a wall-type sign
could not be accommodated on the building. Mr. Tarantino asked if could be accommodated
on the facia. ..Mr. Griffm did not feel it would be very attractive; there was no space on the
building which was designed to graciously accept the sign. It would look tacked-on.
Commissioner Thomas asked if there was another sign in the City that was 15' x 7' to give them
some idea of the size. Mr. Griffm stated it would be about the size of three 4x8 sheets of
plywood.
Commissioner Davis confirmed that staff's compromise was 105 sq. ft. and the original request
was 150 sq. ft. Mr. Griffm concurred, and stated that 150 sq. ft. was also allowed by Code.
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June 12, 1996
Commissioner Thomas asked if there were any restnctlOns for the applicant; could they
completely cover that 105 sq. ft., including pictures and diagrams. Mr. Griffin replied that the
Code restricts the combination of copy and graphics to no more than 50 % of the background
area and advertising to no more than 25 % of the face of the sign and advertising is distinguished
from identification. Mr. Altbaum's proposal was in conformance with Code. Mr. Griffm stated
in terms of copy and design of logo, staff does not analyze that. Answering Commissioner
Thomas, Mr. Griffm said that the picture would conform with Code.
Commissioner Willett asked if the sign was lit on both sides. The applicant indicated that it
was.
This being the time and place as advertised, the public hearing was opened.
Martin Altbaum, 396 "E" Street, Chula Vista, owner of Coin Mart Jewelry, noted that the
building was built in 1972. The original sign had been up for almost 20 years. If in fact there
was a sign removal process which allowed 15 years to remove non-conforming signs, the sign
should have been removed in about 1988. The sign stayed up until 1992. Mr. Altbaum stated
the reason they needed the requested sign was for visibility. The picture can be no more than
25 % of the sign and the written part could be no more than 25 % of the sign. With a request
for 150 sq. ft., they really are getting only a 75 foot square sign. The compromise with the City
was 41 ft. high; they were willing to compromise at 42 ft. Mr. Altbaum stated they were also
willing to compromise on the size of the sign if the Commission allowed the original size
lettering and picture. There would be less white space. He introduced Mr. Koonce.
Robert Koonce, 27500 Old Highway 80, Guatay, CA, stated he was the branch manager at
the time the building and was very involved in the architectural set-up. A lot of time had been
spent deciding how large the sign should be at different heights and positions.
Mr. Altbaum noted that the logo was a baby picture of his son and had been used 16 years and
was an important part of his advertising. Mr. Altbaum and his wife showed a 3 ft. x 3 ft.
picture of the baby and noted that the actual sign would have a 6 ft. x 6 ft. picture along with
the lettering. He showed the difference in the lettering the City was proposing versus what he
proposed. A compromise would be the same picture and lettering with less white space. The
City was proposing a 7 ft. x 15 ft., 41 feet up. He would compromise 1 ft. higher, longer, and
higher. Mr. Altbaum showed some computer-generated slides of the building with the poles
removed, and- also showed the design elements on the wall of the building. He had thought he
could put some letters in between, but it did not fit.
Commissioner Tarantino aSked if the letters would fit above the design area. Mr. Altbaum
stated it would be too small.
Chair Tuchscher asked if the sign would be directed towards Fourth Avenue and "E" Street at
an angle. Mr. Altbaum stated it would be exactly as the original sign was positioned.
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June 12, 1996
Discussion ensued regarding the orientation of the original sign and the proposed signage. Mr.
Altbaum noted that he had a hardship regarding signage. He could not put a pole sign on the
property since the building was built on the property line. He could put'it in the parking lot by
removing some parking spaces, but it would not be seen from the street. Mr. Altbaum stated
that he did a lot of out-of-area advertising by radio, television, business cards, etc. and used the
building to do that advertising.
Mr. Griffin noted that Mr. Altbaum had stated the signage could not cover more than 50% of
the background area. In this case, the background would be the sign face and the copy and
picnrre applied to it should not cover more than 50%. Mr. Altbaum proposed to divide that into
25 % picture and 25 % copy. If the white space is reduced too much, there would be a
"squeezed" appearance to the sign.
No one else wishing to speak, the public hearing was closed.
Commissioner Davis saw the problem with the sign and why the sign had previously been on
the roof. She was happy to see staff trying to work with the applicant. She was concerned that
Chula Vista should be more user friendly and business friendly. She thought the sign ordinance
needed to be readdressed. This was one of the times when it did not quite fit because of
visibility. She encouraged the Commission to look at giving the applicant the 42 feet. She was
concerned about the squeezed effect with the 105 sq. ft. sign. She would support a sign of 150
~.~ .
Co=issioner Thomas was concerned about the elimination of the white area. This was a
massive sign and it would be critical to balance it perfectly. Regarding the complaint letters,
Mr. Thomas asked if staff had any suggestions, such as cutting the size down or turning it off
at a certain time.
Mr. Griffm stated that staff felt that by reducing the size, it might reduce the glare and the
impact. Regarding turning off the sign at night, it is a co=ercial zone and part of the identity
was to have the identity available for late-night travelers. Staff had not considered restricting
illumination during nighttime hours.
Commissioner Ray stated that the building was a unique building within the City of Chula Vista,
and any sign on the roof would take away from architectural integrity of the building. He would
rather see something on the facade or facing of the upper portion of the building.
Commissioner Tarantino concurred with Commissioner Ray. He felt it was an unusual building,
at a critical location, at the gateway of the City. He disliked the idea of a sign on the roof. He
thought a sign at the top of the facia with lighted, individual letters would be in good taste and
would get the point across. He could not support any sign on the top o(the roof.
Commissioner Willett had looked at the building and tried to envision other signs on top of the
roof. To retain the visibility of the bunding, he supported the sign going along the facia on the
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side of the building. He thought a 6 ft. high sign could be used there. He was against the
vertical sign.
Chair Tuchscher commented that he was happy that Coin Mart had stayed in Chula Vista. He
felt the sign ordinance relative to proportion made some logical sense. As far as height, size,
etc. he felt the ordinance was over-restrictive and challenged merchants. Design Review tried
to balance that with what lOOks right. He asked staff if there were any plans for the small street-
level sign and if it had any bearing on total signage allowable under the ordinance. Mr. Griffin
explained that it was an approved sign. On buildings, there could be a combination of signs.
There could be wall signage plus free-standing signs and directional signs. In this case, a roof
sign of a certain size was allowable. In addition to. that, there could be wall signs. A sign
permit had been issued for the small sign, and it was conforming with Code.
Chair Tuchscher questioned the ordinance relative to banners after an additional sign was put
up. Mr. Griffm stated the banners are a grand opening feature. Since Mr. Altbaum was
pursuing a permanent sign, staff had been flexible in allowing the grand opening banners to
remain and provide some identity until permanent signage was installed. Upon installation, the
banners would be down.
Chair Tuchscher commented that the building was a unique architectural style. The features
across the top were problematic. He felt that signage that ran the length of the facia on top of
the building might be a solution that would give visibility and address the concerns of the other
Commissioners.
Commissioner Ray asked how much of his business was drive-up versus someone who was
actually seeking out their business.
Chair Tuchscher noted that Mr. Altbaum did a lot of out-of-area advertising and directed people
to Chula Vista to his location and the signage helped them recognize it.
In response to Mr. Ray, Mr. Altbaum stated that most of his advertising was by radio and most
of his business was out of town. Having been at the old location for 20 years, some of his
customers still go to that address. He needed the signage to direct them to the new location.
He felt if all the utility poles were removed, it would look good on the side of the building and
would be seen. However, as it is, vision would be obscured and he needed it on the roof.
Commissioner Ray stated that two of the five poles were temporary, the one on the corner and
the one on the roof. The only others were street lights. To him, street lights were not an
impairment. He asked if the utility line would be undergrounded. Mr. Griffm felt it would be
undergrounded, but he did not know the timing. He felt it might be undergrounded when the
property at the northeast corner developed.
Commissioner Ray felt that if someone were looking for a particular jewelry store, they would
be looking for something that would catch his eye to let him know he was there. He personally
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June 12, 1996
did not see a big difference between the pole signage and the facia signage. He thought the roof
signage took away from the architecmre of the building.
Mr. Altbaum stated that he would be unhappy to go to the Design Review Committee to change
an existing building that would be very difficult to change. He did not believe he could get
approval to remove the architectural elements.
Mr. Griffm stated if the idea was to make the facia smooth and not have the elements in order
to accept a facia sign more comfortably, he did not feel it would detract from the building. It
did not seem to be something that would Design Review Committee approval or a formal
process and a lot of expense or review.
Commissioner Davis understood the concerns of the Commissioners, but felt the 6 ft. x 6 ft.
picmre of the baby, which is the trademark Mr. Altbaum used, would not fit on the facia. She
felt that was an important part of the sign which could not be eliminated.
Commissioner Ray asked the height of the facia. Mr. Griffm stated it was a total of about 5
feet.
Commissioner Davis pointed out that in the ordinance, Mr. Altbaum had a right to a rooftop
sign. It was the height that was in question. The fact that the Commissioners did not like the
rooftop sign was not as vital to the question as was the height. The Commissioners had a
reco=endation for a variance of 41 ft. by staff with 105 sq. footage of sign. Whether or not
the Commissioners liked a rooftop sign was not important; it was what size of the rooftop sign
they were going to allow him to put up.
Chair Tuchscher noted that he had a right to a rooftop sign, but a workable rooftop sign that
would fit within the height limits, etc.
Co=issioner Willett stated that he was confused on the lettering which would have been in the
7 ft. x 15 ft. sign. What percent would it have been. Mr. Griffin replied that staff had not
calculated what size lettering that would have allowed. Staff felt the overall sign dimension was
more than adequate to provide visibility. It could be identified from surrounding streets and the
copy could be easily seen.
Chair Tuchscner clarified that this was not a scientific calculation. There was a certain amount
of signage coverage. From his perspective, he would like to see an allowance exceeding the
current ordinance, but to bring that signage down to the facia. It was a difficult building; he
would be comfortable exceeding the total allowable signage if it were positioned differently. He
would rather give the applicant two big signs on the facia.
Commissioner Thomas stated that the co=ents he had made were based on the concept that
the Commission could not deny them a rooftop sign. He asked that the City Attorney clarify
that.
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Arrorney Googins said he understood that the existing governing ordinances would permit a
rooftop sign that would not exceed 35 feet above grade with certain dimensions. The notion that
you would prefer the sign somewhere else is not before the Commission; however, their
comments were legitimate ones to factor into their decision to the extent that if a reasonable
alternative exists which could place the sign on the facade, then a legitimate basis for not ftnding
a hardship would exist. The comments were legitimate; a rooftop sign would be allowed. At
the same time, not wanting a rooftop sign at all was a legitimate consideration to the extent it
had an impact on whether or not there were reasonable alternatives.
Commissioner Thomas stated he would tend to support a facia sign.
Principal Planner Griffm reiterated that Mr. Altbaum could have a sign 150 sq. ft., no higher
than 7 ft. above the 28 ft. high roof line, which would not exceed the Code requirement of 35
ft. above grade as a matter of right as long as the picture and copy did not exceed 50 % of the
background area. In terms of the facia signage, because of the intervening elements on the
facia, a sign could not be put on there except in the form of a sign "can". The background for
a sign is deftned as something that is uninterrupted by architectural features. If the facia were
smooth, some cut-out letters could be added to that. Trying to ftt individual sign letters between
the architectural elements and spaces would not work as the facia is designed.
Chair Tuchscher asked if the Commission took action recommending signage of a certain size
on the facia, would there be any additional process, if the applicant agreed that would work?
Mr. Griffm replied that approval of conforming signage was a staff process. There was no other
public hearing or discretionary process.
Chair Tuchscher believed two signs 150 sq. ft., one on "E" Street and one on Fourth Avenue,
on both facias, would accomplish the applicant's task and would solve the concerns of the
residents. The signs would be 5 ft. x 30 ft.
Commissioner Davis asked if he would allow the applicant to exceed the background of the
verbiage. Mr. Tuchscher stated he was just defming the parameters outside the sign. They
would be asking the applicant to compromise off his proposal. He may not be able to get his
logo on the signs the size that he wanted. It would mean the Commission was far outstretching
the City ordinance to accommodate a very unique building and perhaps solve some of the height
concerns.
Commissioner Ray would not mind giving the applicant another 6 inches over the height and let
the sign go over the top of the facia. He was concerned that where the facia stops, a roof sign
would take away from the architectural integrity of the building. He could not support any roof
sign on top of the building.
Chair Tuchscher asked Mr. Altbaum to step up to the microphone to comment on the possibility
of facia signs. Mr. Altbaum did not agree to the facia signs. He stated he would put up a sign
on the roof that was 2 ft. high by 75 ft. long by the appeal process, making the 150 ft. he was
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PC Minutes
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June 12, 1996
allowed to have and would appeal it to City Council, and then take it to court. He believed that
if a sign is left six or seven years past the sign moratorium when there were 15 years to remove
it, that you have tacit approval that it can remain there forever.
Commissioner Ray made a motion that the Commission not accept staff's proposal but allow two
150 sq. ft. signs, one on the facia facing "En Street and one of the facia facing Fourth Avenue.
Commissioner Ray asked for confIrmation that it did not require any other approval.
Mr. Griffm stated that he and the City Attorney were concerned because there was a specifIc
request before the Commission which had been noticed. The proposal by the Commission may
require another notice, involving another variance for size or background. He noted that the
basic staff reco=endation which was part of the report was to deny the request as submitted.
The motion died for lack of a second.
MS (Ray/Tarantino) to approve staffs reco=endation to deny the request as submitted.
Co=issioner Davis stated that she was against the motion. She was in favor of allowing the
rooftop sign of 42 ft. with 150 sq. ft. She felt the sign ordinance needed to be revised; Chula
Vista should be business friendly and she felt this sent the wrong message by not allowing him
to put up the type of sign he wanted. She didn't think it exceeded Code very far; staff was
compromising at 41 ft.; the other sign was at 45 ft. before.
Commissioner Ray agreed that the City should be more business friendly; the sign ordinance
needed to be revised. However, part of the presentation was that this was a unique building.
He did not think it needed to be degradated by a rooftop sign.
Chair Tuchscher asked the City Attorney if there was any type of prescriptive rights that might
run with the fact that the old sign was in place for some period of time beyond the point it was
asked that all signs were to be in conformance.
City Attorney Googins stated that the general rule was that where there was previously a use and
the Code is changed so that that use becomes to a non-conforming type use, under City Code
which implements general laws, the non-conforming use should be eliminated at the earliest
possible moment so that if a proposal comes forward to change the existing use or apply for an
alternative use, the fIrst inclination is to make that use a conforming use. However, where
standards are established, variances can also be granted which vary somewhat with the
appropriate circumstances from what is being proposed. He noted that the City is generally
i=une to any action against the City in order to challenge the City's ability to impose that new
and revised use against subsequent purchaser.
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June 12, 1996
Chair Tuchscher asked if a continuous use was a part of that same issue. If there was a variance
or non-conforming use, it is allowed to continue until such time as there is a discontinuation of
that use.
Attorney Googins replied that it would be even more supportive of the general rule. The notion
that a use is allowed to continue to be non-conforming does not prevent the City from requiring
conforming uses at a time that an alternative use is proposed.
Chair Tuchscher noted that the fact that there was a sign there at one time should not be a part
of the Commission's decision. Before the Co=ission was a new sign application and variance
to the City's sign ordinance.
Attorney Googins said a sign being there at one time may have some bearing on the
Commission's ability to make fmdings in relationship to the variance application. The fact that
there might be an old sign may factor in to support fmdingsthe Commission may need to make
to grant a variance. But it need not factor in.
Mr. Griffm added that, in this particular case, Mr. Altbaum could have a rooftop sign as well
as facia signs. Facia signs are considered wall signs. In addition to rooftop signs, the Code
states that each business is allowed a combined wall sign area of 1 sq. ft. per lineal foot of
building frontage facing a dedicated street or alley. However, the sign area may be increased
to a maximum of 3 sq. ft. per lineal feet of building frontage provided the sign does not exceed
50 % of the background area. By right, Mr. Altbaum could have 1 sq. ft. of wall sign area per
lineal foot of building frontage facing both Fourth Avenue and "E" Street in addition to a
rooftop sign. The rooftop sign could only be 7 ft. high because of the existing heIght of the
building.
Commissioner Ray stated he wanted to do what was right for the City; he did not feel a rooftop
sign would enltance the building nor Mr. Altbaum' s business to the extent that the building
should be altered. From a visual standpoint and from a "quality-of-life" standpoint for the
citizens of Chula Vista, he would like to start making amendments to the sign ordinance.
Chair Tuchscher suggested that the sign ordinance be dealt with in an upcoming workshop.
Chair Tuchscher noted that even if the current motion failed, the Commission would not be
moving forw'ard in the process. He wished to allow the system to move Mr. Altbaum forward
in a positive way. There may be some way to address Mr. Ray's concerns by creating a
variance and allowing language to restrict signage elsewhere on the building, or limiting the
building to one sign.
Commissioner Ray clarified that the motion was to deny the 42 ft. sign on the top of the
building.
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June 12, 1996
VOTE: 3-3 MOTION FAILED (Commissioners Davis, Thomas, and Tuchscher voted
against. )
Chair Tuchscher noted that he had voted "no" on the motion even though he did not like the sign
nor the inconsistency of the sign. He did not want to send the merchant away to do whatever
he wanted in the way of rooftop signage, side of the building signage, etc. and end up with
something that is worse. .
Co=issioner Ray said that there had to be some way to prevent the signs from going up prior
to a revision to the sign ordinance. He felt it would be the wrong thing to allow the rooftop
sign, especially on this building.
Chair Tuchscher asked if there was a potential to add language into whatever variance the
Co=ission allowed that would limit additional signage on the building.
Mr. Griffm thought if the applicant agreed to that, it would be appropriate.
Anomey Googins stated that depending upon the nature of the condition being proposed,
arguably, such a condition could be included as an element which the Commission found
necessary to make the fmdings that would be required in order to grant such a variance. In
order to limit the detrimental impacts, one of the fmdings required is that the authorization of
the variance would not be of substantial detriment to adjacent properties; or that approving a
sign that is larger than what is otherwise permined would be of some detriment but for the fact
that elimination of other signs reduced the proliferation of signs in order to counterbalance the
fact that a slightly larger sign than Code is being allowed. He believed that such a condition
could be an appropriate condition to granting of the variance, if agreed to by the applicant.
Chair Tuchscher preferred to make that type of revision in a variance of this nature.
MS (Davis/Thomas for discussion) to approve a variance for a 42 ft. sign 150 sq. ft. which
would be a 9 ft. x 17 ft. rooftop sign.
Chair Tuchscher said he wanted to give the applicant a sign similar to the one he was proposing.
He was going towards staff reco=endation but a little smaller, and wanted to make sure there
were no additional signs by right, recognizing the fact that the Commission was making a
variance relative to height and that the additional signage on the building. would not come in
later.
Anomey Googins asked if Commissioner Davis was proposing that the fmdings made in the
resolution approving staff's compromise proposal be incorporated into her proposal.
Co=issioner Davis answered affrrmatively--that there was a hardship.
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June 12, 1996
After reviewing the fIndings, Mr. Griffm noted that item 3 would have to be revised to exclude
the reference to reducing the overall area. Mr. Googins stated that fmding 2 would also need
revision.
VOTE: 1-5 MOTION FAILED (All Commissioners except Commissioner Davis voted
against)
Chair Tuchscher suggested that the previous motion be put back on the table which would allow
the applicant to immediately appeal it and take it to Council.
Commissioner Ray stated that one of the three who voted against his motion would have to vote
for it to be sent forward to Council with a denial from the Planning Commission.
Motion by Commissioner Ray to reconsider staffs recommendation to deny the request as
submitted.
Commissioner Davis asked if the tied vote could move forward to Council with no
recommendation.
Attorney Googins said he understood that Mr. Rudolf, who had previously staffed the
Commission, had opined that where there is a deadlock and insufficient vote to deny a permit,
so that the applicant could progress, an additional vote--if in fact four votes to deny could not
be obtained, the matter can proceed for appeal to the City Council so they could reconsider it.
Chair Tuchscher asked that, for housekeeping purposes, the motion be put back on the table to
be revoted.
RESTATEMENT OF MOTION
MS (Ray/Tuchscher) to adopt staffs recommendation to deny Resolution ZA V-96-12.
Mr. Altbaum asked if he could speak. The City Attorney recommended that the public hearing
be reopened.
Chair Tuchscher declared the public hearing reopened.
",
Martin Altbaum stated that he would make a compromise if it meant anything to the vote. He
would agree not to put anything on the facia on either side of the building at any time in return
for the rooftop sign under the conditions he talked about before (42' x 17' x 9'). A rooftop sign
was allowed, but the question was how high. He would put up a rooftop sign. It would not be
with his baby and it would not be the size he wanted, but he would conform to the 35 foot. It
would be 75 feet long, but it would put his name in front of the public and it would give him
the 35 foot height limitation. He did not think it would look attractive and he would continue
on appeal to get the original one. _ ::>,~
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June 12, 1996
Robert Koonce, 27500 Old Highway 80, Guatay, said he was a disinterested third party. He
said there were two things that made that building pretty. The building won the award in 1972
for being the most beautiful in Chula Vista because of the facia and the pillars. During the 15
years he had been manager there, no one had ever suggested any changes to the architecture or
facia. There is no commercial building in California that wouldn't look prettier if all of the
signs were taken away. If they were, it would not be a commercial building anymore.
Chair Tuchscher told Mr. Altbaum he appreciated the offered compromise. In a deadlock
situation, nothing positive happens. He was taking the position that to allow the applicant to
move quickly to the next step, he was asking staff to hurriedly bring this item to Council.
Chair Tuchscher closed the public hearing.
Commissioner Thomas stated that by adopting the staff recommendation, it would move it
forward to the appeal process.
VOTE: 4-2 (Commissioners Thomas and Davis voting against)
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#/7'1f~
ATTACHMENT 9
CORRESPONDENCE FROM PUBLIC
REGARDING PROPOSED VARIANCE
-~ I?-y,
NOV 1 8 19SiS
- I
'.-
PLANNING DEPARTMENT
PUBLIC SERVICE BUILDING
CHULA VISTA CIVIC CENTER
276 FOURTH AVENUE
CHULA VISTA, CA. 91910
\\ -
I
,0
,..,-...I
'~'
NOVEMBER 15, 1996
\)
RE: CASE NUMBER ZAV-96-12
ATTENTION: PATTY NEVINS
THIS IS MY THIRD LETTER TO YOU REGARDING THE VARIANCE MR. ALTBAUM
APPLIED FOR AND APPEALED IN REFERENCE TO THE 42 FOOT ABOVE GRADE
ROOF TOP SIGN AT 396 E STREET, CHULA VISTA, CALIFORNIA, 91910.
I LISTENED TO MR. ALTBAUM PLEAD HIS CASE TO THE COUNCIL ONCE
AGAIN FOR THE 42 FOOT ABOVE GRADE ROOF TOP SIGN AT 396 E STREET,
CHULA VISTA, CALIFORNIA, 91910, WHICH HE STILL INSIST HE IS
ENTITLED TO HAVE. THEN I HEARD HIM SAY, WHICH AMAZED ME, THAT HE
HAD ORDERED AND PAID $25,000.00 FOR FACIA SIGNS TO BE PLACED ON
EACH SIDE OF HIS BUILDING LOCATED AT 396 E STREET, CHULA VISTA,
CALIFORNIA, 91910. HIS STATEMENT WAS THAT HE HAD TO DO SOMETHING
BECAUSE THE CHRISTMAS SEASON WAS ALMOST HERE AND HE DID NOT KNOW
WHAT ELSE TO DO. ANY BUSINESS PERSON FACED WITH THIS SITUATION
WOULD HAVE WAITED UNTIL A DECISION HAD BEEN MADE BY THE CITY
COUNCIL BEFORE SPENDING $25,000.00 TO HAVE SIGNS MADE. AT ONE
POINT DURING THESE HEARINGS IT WAS STATED THAT FACIA SIGNS WOULD
NOT BE APPROPRIATE FOR THIS BUILDING DUE TO ITS STRUCTURE OF
DESIGN. BUT MR. ALTBAUM TOOK IT UPON HIMSELF AND ORDER THESE
SIGNS ANYWAY AND HE'S NOW WAITING FOR A DECISION REGARDING THE
ROOF TOP SIGN BEFORE HE PLACES THESE SIGNS ON HIS BUILDING. I
CAN SEE THE WRITING ON THE WALL NOW, THE CITY IS LOOKING INTO
WHETHER OR NOT MR. ALTBAUM HAS A VALID CASE TO SUE THE CITY OF
CHULA VISTA. SINCE HE STATES HE WAS GIVEN WRONG INFORMATION FROM
THE CITY OF CHULA VISTA WHEN HE WAS PLANNING ON PURCHASING THE
BUILDING REGARDING THE VARIANCE FOR ROOF TOP SIGNS AND HE WOULD
NOT HAVE PURCHASED THE BUILDING IF HE HAD KNOWN HE COULD NOT HAVE
42 FOOT ABOVE GRADE ROOF TOP SIGN. IF YOU BELIEVE THAT STORY
THEN OUR CITY IS IN BIG TROUBLE. MR. ALTBAUM NOW WANTS HIS ROOF
TOP SIGN AND OF COURSE THE FACIA SIGNS WHICH HE PURCHASED BECAUSE
THIS BUSINESS MAN DID NOT KNOW WHAT ELSE TO DO. I WAS NOT BORN
YESTERDAY AND I CAN SEE THE WRITING ON THE WALL. THE CITY HAS
BEEN PLACED IN THE POSITION NOW TO EITHER GRANT THE FACIA SIGNS
ONLY, ALLOW THE ABOVE GRADE ROOF TOP SIGN ONLY AND PAY MR.
ALTBAUM THE $25,000.00 FOR THE FACIA SIGNS OR GRANT BOTH THE ROOF
TOP SIGN AND FACIA SIGNS. IF I WERE THE CITY COUNCIL I WOULD BE
OUTRAGED THAT A BUSINESS MAN OF MANY YEARS HAS PUT YOU IN THIS
POSITION AND THEN CRYING THE BLUES STATING THAT THE CITY IS NOT
-
-Y' /7-..5~
BUSINESS FRIENDLY AND HE IS BEING SINGLED OUT. BY HIS IGNORANCE
OF NOT KNOWING WHAT TO DO, WHICH IS HARD TO BELIEVE, HE HAS
PLACED THE CITY COUNCIL ON A DO OR DIE COURSE. I ONLY HEARD THE
MAYOR VOICE HER OPINION REGARDING HER CONCERNS OF THE VOLUME OF
LIGHT THIS ROOF TOP SIGN WOULD PRODUCE. I NEVER ONCE HEARD ANY
COUNCIL MEMBER VOICE CONCERNS ABOUT THE RESIDENTS AND HOW THIS
WOULD OR COULD AFFECT THERE LIVING STANDARDS, ALL I HEARD WAS THE
CITY WAS GOING TO CHECK INTO WHETHER MR. ALTBAUM WOULD HAVE LEGAL
GROUNDS TO SUE THE CITY, OR A RESIDENT WOULD HAVE GROUNDS TO SUE
THE CITY. I HOPE YOU THE MAYOR AND THE COUNCIL MEMBERS DON'T
FORGET THE PEOPLE WHO VOTE FOR YOU AND PAY YOUR WAGES AND MAKE
THIS COMMUNITY WHAT IT IS TODAY. RESIDENTS AND BUSINESSES CAN
SURVIVE NEXT TO ONE ANOTHER WITH CONSIDERATION GIVEN TO ALL FOR
LIGHTING, TRAFFIC AND THE ENVIRONMENT.
I HAVE STATED BEFORE AND WILL DO SO AGAIN, I AM OPPOSED TO THE 42
FOOT ABOVE GRADE ROOF SIGN TO BE INSTALLED AT 396 E STREET, CHULA
VISTA, CALIFORNIA, 91910, WHICH WOULD GREATLY INTRUDE ON THE
PRIVACY OF MY RENTERS AT 215 GUAVA AVENUE, CHULA VISTA,
CALIFORNIA, 91910. AS STATED BEFORE THE RENTERS AT THE PRESENT
TIME HAS EXPRESSED THEIR CONCERNS DUE TO THE VOLUME OF LIGHT THIS
WILL PRODUCE IN THEIR HOME AND YARD WHICH WILL BE MORE LIGHTING
THAN ANYONE SHOULD HAVE TO ENDURE. IF APPROVAL IS GIVEN BY THE
CITY AND MY PROPERTY BECOMES VACANT AND I'M UNABLE TO RENT THIS
HOUSE BECAUSE THE LIGHTING FROM THIS BUILDING WOULD BE HIGHLY
OFFENSIVE TO FUTURE RENTERS CAUSES ME MUCH CONCERN.
AS A LIFE LONG CHULA VISTA RESIDENT SINCE 1926, ATTENDING ALL
LEVELS OF EDUCATION IN CHULA VISTA, I HAVE SEEN MORE IN CHULA
VISTA THROUGH THE YEARS THAN MR. ALTBAUM, COUNCIL MEMBERS AND THE
MAYOR. I WAS MARRIED IN CHULA VISTA, RAISED MY FAMILY, OWNED
SEVERAL BUSINESSES AND STILL OWN A BUSINESS TODAY ALONG WITH
RESIDENTIAL PROPERTY. I HAVE DEALT WITH THE CITY OF CHULA VISTA
OVER MATTERS RELATING TO MY VARIOUS BUSINESSES I HAVE OWNED AND
RESIDENTIAL PROPERTY. I HAVE SEEN CHULA VISTA GROW FROM A FEW
THOUSAND TO WHAT IT IS TODAY. I HAVE HAD REQUEST REJECTED BY THE
CITY FOR ONE REASON OR ANOTHER AND ACCEPTED THEIR DECISION AND
CONTINUED TO SUPPORT MY COMMUNITY. I HOPE MR. ALTBAUM WILL WORK
WITH THE CITY OF CHULA VISTA TO RESOLVE THIS MATTER. HE HAS BEEN
AN ESTABLISHED BUSINESS MAN, OWNING AND RUNNING MORE THAN ONE
BUSINESS IN CHULA VISTA, I CAN'T IMAGINE ANYONE PURCHASING SUCH
A LARGE BUILDING FOR A COIN BUSINESS IF HE DID NOT FEEL HIS
FOLLOWING WAS STRONG IN THE FIRST PLACE. IT'S NOT THIS 42 FOOT
ROOF TOP SIGN WHICH WILL MAKE HIS BUSINESS A SUCCESS, IT'S HIS
REPUTATION AS A REPUTABLE BUSINESS MAN OF MANY YEARS. HE DOES
HAVE TO ADVERTISE AND THE FACIA SIGNS WHICH HE HAS ALREADY
PURCHASED WILL CERTAINLY BE VISIBLE SINCE THE BUILDING HE
PURCHASED STANDS APPROXIMATELY 25 FEET TALL. SINCE MR. ALTBAUM
IS ENTITLED TO THE FACIA SIGNS, THAT I CAN LIVE WITH BUT NOT A 42
FOOT ROOF SIGN OR EVEN A 35 FOOT ROOF SIGN. I HOPE MR. ALTBAUM
WILL WORK WITH THE CITY OF CHULA VISTA TO RESOLVE THIS MATTER AND
HAVE CONCERNS FOR THE RESIDENTS WHO RESIDE IN THE AREA.
AS A RESIDENT OF CHULA VISTA I WAS VERY UPSET WHEN I HEARD
_~/?'fl
PROFANITY USED AT A COUNCIL MEETING AND HATS NOT BEING REMOVED
WHEN A PRESENTATION WAS BE GIVEN TO THE MAYOR AND COUNCIL MEMBERS
I WOULD HOPE THAT THE COUNCIL HAS GUIDELINES THAT MUST BE USED BY
RESIDENTS AND COUNCIL MEMBERS ALIKE WHEN CITIZENS ARE PRESENTING
THEIR PLEAS FOR RESOLUTIONS OF PROBLEMS OR WHAT EVER REASON THEY
MAY BE ADDRESSING THE COUNCIL MEMBERS. I REALIZE THIS IS THE
90'S BUT I COULD NOT BELIEVE HEARING PROFANITY AT THE COUNCIL
MEETING AND NOTHING WAS SAID AND THAT PRESENTATIONS MAY BE GIVEN
WITH HATS BEING WORN. I FEEL YOU SHOULD TAKE A LOOK INTO THIS
MATTER BECAUSE YOU ARE A GOVERNING BODY FOR THE CITY OF CHULA
VISTA AND IN ALL GOVERNING BODIES YOU DO NOT HEAR PROFANITY BY
LEGISLATORS, JUDGES, LAWYERS, THE HOUSE OF REPRESENTATIVE, THE
CONGRESS UNLESS IT'S A QUOTE AND YOU CERTAINLY NEVER SEE HATS
BEING WORN BY MEN. NOW I REALIZE WOMEN WEAR HATS AND ARE NOT
ASKED TO REMOVE THEM, BUT MEN ARE OUT OF COURTESY. THIS WAS VERY
SHOCKING FOR ME TO SEE MY COMMUNITY LEADERS LET HAPPEN AND SAY
NOTHING.
SINCERELY,
--3-/-4/>'-<.....----../ CL-. r-~~
FRANCES A. ZWAHLEN
28 LAKE HELIX DRIVE
LA MESA, CALIFORNIA 91941
/17'.f~
NOVEMBER 13,1996
PLANNING DEPARTMENT
PUBLIC SERVICE BUILDING
CHULA VISTA CIVIC CENTER
276 FOURTH AVENUE
CHULA VISTA, CALIFORNIA 91910
NOV 1 8 19~'5 i'
\~
t.(
f1 \ ~ .
'>
RE: CASE NUMBER ZAV-96-12
,
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I\rd
. II'
'v
ATTENTION: PATTY NEVINS
AT ANY GIVEN TIME SINCE 1941, MEMBERS OF OUR FAMILY HAVE LIVED AT
THIS ADDRESS. MEMBERS OF THIS FAMILY WERE RESIDING HERE WHEN THE
YEARLY TRADITION OF "CANDY CANE LANE" BEGAN IN 1955! WE, AS
SECOND AND THIRD GENERATION, HAVE BEEN CARRYING ON THAT
TRADITION. CONTRIBUTING TO THE COMMUNITY, HOPEFULLY, MAKING
CHULA VISTA A BETTER PLACE TO LIVE.
REMEMBER US? WE ARE THE PEOPLE WHO LIVE HERE! WE ARE THE PEOPLE
WHO PAY TAXES! WE ARE THE PEOPLE WHO VOTE! WE ARE THE PEOPLE WHO
HAVE TO LIVE BY THE DECISIONS YOU ON THE CITY COUNCIL MAKE! YOU
WERE ELECTED TO MAKE THE BEST DECISIONS POSSIBLE FOR THE PEOPLE
OF CHULA VISTA. NOT JUST THE BUSINESS PEOPLE, FOR ALL THE
PEOPLE.
AT PRESENT, I AM MOST CONCERNED ABOUT THE DECISION YOU ARE ABOUT
TO MAKE CONCERNING THE SIGNAGE AT 396 E STREET, THE COIN MART
STORE.
I HAVE WRITTEN CONCERNING THIS MATTER BEFORE, STATING MY
OPPOSITION TO ALLOWING ANY VARIANCE OF THE PRESENT MUNICIPAL CODE
CONCERNIN~ROOFTOP SIGNS.
AFTER THE LAST COUNCIL MEETING CONCERNING THIS MATTER I WAS EVEN
MORE OUTRAGED! THIS YAHOO BUSINESSMAN GETS UP BEFORE THE COUNCIL
WITHOUT ENOUGH COMMON COURTESY AND WITH COMPLETE DISRESPECT
TOWARD THE CITY COUNCIL, TO EVEN REMOVE THE HAT HE WAS WEARING!
AND THEN PROCEEDS, IN HIS OPENING REMARKS, TO USE SOME FOUL
LANGUAGE.i.e.(BULLSHIT) HE THEN GOES ON PLEADING HIS CASE,
STATING THAT HE NEEDS THE 42 FOOT ABOVE GRADE SIGN BECAUSE SOME
OTHER JEWELER MIGHT MOVE INTO.THE BUILDING ACROSS THE STREET AND
PUT UP A TALL SIGN AND TAKE AWAY HIS BUSINESS! AS I LOOK OUT MY
-~ /?:>~
WINDOW AT THE VACANT LOT TO WHICH HE IS REFERRING, AND TRY TO
VISUALIZE A BUILDING THAT HAS YET TO BE BUILT, SOME PHANTOM
JEWELER THAT MAY OR MAY NOT MOVE IN, FAILS TO DRAW A TEAR! WHO
KNOWS WHEN THIS BUILDING WILL BE BUILT, OR IF IT WILL BE. WHO
KNOWS WHO THE TENANTS WILL BE? I REALLY DON'T THINK YOU SHOULD
MAKE YOUR DECISION BASED ON SOME NON-EXISTENT BUILDING AND SOME
NON-EXISTENT TENANT, DO YOU?
AND THEN COMES THE VEILED THREAT OF A LAW SUIT IF HE DOESN'T GET
HIS WAY! ARE YOU QUITE SURE THIS IS THE TYPE OF BUSINESSMAN YOU
WANT IN THIS COMMUNITY?
HE SAID HE PAID $25,000.00 TO HAVE FACIA SIGNS MADE. AT ONE OF
THE PLANNING COMMISSION HEARINGS HE STATED, HE HAD TO HAVE THE
VARIANCE BECAUSE THE BUILDING WASN'T DESIGNED TO HANDLE FACIA
SIGNS, ONLY A 42 FOOT ABOVE GRADE SIGN WOULD DO! Hmmmrnmmm! SEEMS
THE FACIA SIGNS WILL WORK JUST FINE NOW, AND HE STILL WANTS THE
42 FOOT SIGN! THIS MAN WANTS IT HIS WAY AND ONLY HIS WAY!
WELL, I FOR ONE, BEG TO DIFFER WITH THIS MAN. THERE ARE PEOPLE
IN THIS COMMUNITY. PEOPLE WHO HAVE TO PUT UP WITH THIS VISUAL
POLLUTION HE DESIRES. PEOPLE WHO LIVE ADJACENT TO THIS BUSINESS
WHO WILL HAVE TO LIVE WITH THESE LIGHTED SIGNS STARING THEM IN
THE FACE AT NIGHT AS THEY TRY TO ENJOY THEIR PATIO'S AND YARDS.
HE CAN GO HOME. WE MUST LIVE WITH IT! THERE JUST HAS TO BE SOME
CONSIDERATION GIVEN TO RESIDENTIAL PROPERTY OWNERS IN CASES SUCH
AS THIS. THESE ARE THEIR HOMES, THIS IS THEIR ENVIRONMENT. TO
PERMIT A BUSINESSMAN TO INSTALL VISUAL POLLUTION IN A RESIDENTIAL
AREA JUST SO HE CAN POSSIBLY INCREASE HIS PROFITS(I THINK HE
WOULD DO JUST AS WELL FINANCIALLY WITHOUT THE ROOF-TOP SIGN) IS
UNCONSCIONABLE.
WHAT REALLY IS THE PURPOSE OF THIS ROOF-TOP SIGN? A 42 FOOT
ROOF-TOP SIGN CAN BE SEEN FROM APPROXIMATELY 1/4 TO 1/2 MILE
AWAY. I'M SURE THE RESIDENTS IN THIS AREA ALREADY KNOW THE
BUSINESS IS LOCATED THERE BY THIS TIME! SO IT MUST BE THE PEOPLE
WHO DRIVE BY THAT HE WISHES TO ATTRACT. YOU DON'T NEED A ROOF-
TOP'SIGN ON A BUILDING THIS LARGE TO ATTRACT DRIVERS. FACIAL
SIGNS FACING EACH DEDICATED STREET WOULD SUFFICE. YOU CERTAINLY
DON'T NEED A ROOF-TOP SIGN TO LOCATE A BUSINESS. IT SEEMS TO ME
MOST OTHER BUSINESSES IN THE AREA ARE DOING JUST FINE WITHOUT AN
EIFFEL TOWER ON THEIR ROOF LIGHTING THE WAY FOR PROSPECTIVE
CUSTOMERS.
-YI?'..?1
MAYBE ITS JUST A BUSINESSMANS EGO TRIPl BULLYING THE CITY TO GET
SOMETHING THEY WANT TO DENY HIM! MUCH TO MY AND OTHER RESIDENTS
DISMAY, IT SEEMS TO BE WORKING.
MAY COMMON SENSE PREVAILl
YO~S TRULY, ''''' '
//,e. Y /7 / )/lL/---
!J V-(/h a..u-",--v
4~0-_ -fJ~.
RICHARD F. BECK
BETTY A. BECK
203 GUAVA AVENUE
CHULA VISTA, CALIFORNIA 91910
-~ I?,rf
OCTOBER 4, 1996
R"""
"==.Cr::'llr-
1..;., " t:. [;
r:~-^
-').... l 'vI .' ..:-,...._
..::- ;,:I:,'~
PLANNiNG
PLANNING DEPARTMENT
PUBLIC SERVICE BUILDING
CHULA VISTA CIVIC CENTER
276 FOURTH AVENUE
CHULA VISTA, CA. 91910
RE: CASE NUMBER ZAV-96-12
ATTENTION: PATTY NEVINS
ONCE AGAIN, I AM WRITING ON A MATTER THAT SHOULD HAVE BEEN
FINALIZED MONTHS AGO.
APPARENTLY, WHILE I WAS OUT OF THE COUNTRY ON VACATION, MR.
ALTBAUM APPEALED THE PLANNING COMMISSIONS DENIAL OF THE VARIANCE
MR. ALTBAUM APPLIED FOR, I.E. TO INSTALL A 42 FOOT ABOVE GRADE
ROOF TOP SIGN, ATOP THE BUILDING AT 396 E STREET, CHULA VISTA,
CA. .
AT THE APPEAL HEARING BEFORE THE CITY COUNCIL, ACCORDING TO THE
PLANNING DEPARTMENT, IT WAS BROUGHT OUT THAT MR. ALTBAUM HAD
ORDERED AND PAID FOR, FOUR, 18 FEET 9 INCH BY FOUR FEET FACIA
SIGNS, APPARENTLY TO BE INSTALLED ON THE FACIA ON EACH SIDE OF
THE BUILDING AT 396 E STREET. ON TOP OF THIS, HE STILL WANTS THE
42 FOOT ABOVE GRADE ROOF TOP SIGN!!
AT THE PLANNING COMMISSION HEARING IN JUNE OF THIS YEAR, MEMBERS
OF THE COMMISSION POINTED OUT THAT FACIA TYPE SIGNS WOULD BE MORE
APPROPRIATE FOR THIS BUILDING. MR. ALTBAUM REJECTED THIS IDEA,
SAYING THE BUILDING WAS NOT CONSTRUCTED 'TO ACCEPT FACIA SIGNS!
HE WANTED A 42 FOOT ABOVE GRADE ROOF TOP SIGN CONTRARY TO THE
CITY ORDNANCE! THE COMMISSION OFFERED MR. ALTBAUM A COMPROMISE
OF 38 FEET. HE REJECTED THAT TOO! NOW HE HAS ORDERED AND PAID
FOR THE VERY SIGNS HE REJECTED IN JUNE, AND HE STILL WANTS THE
ROOF TOP SIGN!
AFTER LOOKING AT VALLEY NEON SIGN COMPANY'S DRAWING NUMBER 72096,
IT IS QUITE APPARENT TO ME, AS I'M SURE IT IS TO YOU, AND ANYONE
ELSE WITH GOOD TASTE, THE FACIA SIGNS ARE EXACTLY WHAT THIS
BUILDING CALLS FOR. THEY WILL SERVE WELL BOTH AESTHETICALLY AND
TO LET THE PUBLIC KNOW, FROM ANY DIRECTION, WHAT BUSINESS IS
LOCATED THERE. THE ROOF TOP SIGN, NO MATTER WHAT HEIGHT, 35 FEET
ABOVE GRADE OR 42 FEET ABOVE GRADE, WILL ONLY DEGRADE FROM THE
OTHERWISE, AESTHETICALLY PLEASING LINES OF THE STRUCTURE, AND IS
COMPLETELY UNNEEDED.
AS STATED IN MY PREVIOUS LETTER TO THE PLANNING DEPARTMENT; THE
-~ /?:5?
PREREQUISITES FOR GRANTING A VARIANCE HAVE NOT BEEN MET. NO
HARDSHIP HAS BEEN SHOWN BY MR. ALTBAUM. NO OTHER BUSINESS IN THE
AREA HAS WHAT HE WANTS, SO AN APPROVAL OF THIS VARIANCE CAN ONLY
BE CONSTRUED AS A SPECIAL PRIVILEGE FOR MR. ALTBAUM.
I STRONGLY RECOMMEND A DENIAL OF THE APPEAL, FOR THE 42 FOOT
ABOVE GRADE SIGN, OR EVEN A 38 FOOT ABOVE GRADE SIGN, AND A
APPROVAL OF THE FACIA SIGNS.
YOU~S TRULY, )(l/~
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RICHARD AND BETTY BECK
203 GUAVA AVENUE
CHULA VISTA, CA. 91910
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PLANt",;", I,',
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PLANNING DEPARTMENT
PUBLIC SERVICE BUILDING
CHULA VISTA CIVIC CENTER
276 FOURTH AVENUE
CHULA VISTA, CA. 91910
RE: CASE NUMBER ZAV-96-12
ATTENTION: PATTY NEVINS
THIS IS MY SECOND LETTER TO YOUR REGARDING THE VARIANCE MR.
ALTBAUM APPLIED FOR AND APPEALED IN REFERENCE TO THE 42 FOOT
ABOVE GRADE ROOF TOP SIGN AT 396 E STREET, CHULA VISTA,
CALIFORNIA.
I HAVE LOOKED AT THE VALLEY NEON SIGN COMPANY'S DRAWING NUMBER
72096 WHICH I UNDERSTAND MR. ALTBAUM HAS ALREADY PURCHASED FOUR
SIGNS FOR HIS BUILDING LOCATED AT 396 E STREET WHICH IS ADEQUATE
ADVERTISING FOR HIS BUILDING. AS A LIFE LONG CHULA VISTA
RESIDENT, PROPERTY OWNER OF A SINGLE FAMILY RESIDENCE LOCATED AT
215 GUAVA AVENUE, I STRONGLY OPPOSE ANY VARIANCE THAT WOULD ALLOW
A 42 FOOT ABOVE GRADE SIGN TO BE INSTALLED AT 396 E STREET, CHULA
VISTA, CALIFORNIA.
ALLOWING A VARIANCE THAT WOULD ALLOW A 42 FOOT ABOVE GRADE SIGN
TO BE INSTALLED AT 396 E STREET AS I STATED BEFORE IS DIRECTLY
BEHIND MY PROPERTY. ANY SUCH SIGN WOULD BE HIGHLY OBJECTIONABLE
TO ANYONE WANTING TO RENT MY PROPERTY LOCATED AT 215 GUAVA AVENUE
BECAUSE IT WOULD BE HIGHLY VISIBLE FROM THE REAR OF THIS
RESIDENCE AND IF LIGHTED WOULD BE HIGHLY OFFENSIVE TO RENTERS.
THE RENTERS AT THE PRESENT TIME HAS ALREADY EXPRESSED THEIR
CONCERNS AND WAITING FOR THE FINAL DECISION AS TO WHETHER OR NOT
THEY WILL CONTINUE TO RENT.
SINCERELY, ,
.3;;.~~0-~
FRANCES A. ZWAHLEN
28 LAKE HELIX DRIVE
LA MESA, CA. 91941
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PLANNiNG
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PLAmlING DEPARnIE!l'T
PUBIC SERVICE BUILDIHG
CHULA VISTA CIVIC CENTER
276 FOURTH AVENUE
CHULA VISTA, CA. 91910
RE: CASE HUMBER ZAV-96-12
ATTENTIOH: PATTY IlEVlliS
I'VE BEEN INFORMED THAT THE PLANNING COMMISSION, VERY WISELY I
MIGHT ADD, HAS DENIED THE VARIANCE APPLIED FOR BY COIN MART, AT
"396 "E" STREET. " I HAVE ALSO BEEN INFORMED THAT THE OWNER OF COlli
MART, MARTIN ALTBAUM HAS APPEALED THAT DECISION. THEREFORE, I
FEEL I MUST MAKE A FEW MORE COMMENTS ON THE SUBJECT BEFORE THE
CITY COUNCIL MAKES ITS DECISION.
FIRST OF ALL, I HAVE DRIVEN DOWN "E" STREET, DOWN THIRD" AVENUE,
DOWN FOURTH AVENUE, DOWN BROADWAY AND DOWN "F" STREET, I HAVE
LOOKED AT NUMEROUS BANK BUILDINGS, FOOD MARKETS, SERVICE
STATIONS, CREDIT UNION BUILDINGS, STRIP MALLS AND MANY MORE SMALL
BUSINESSES. NOT ONE HAS A SIGN AS TALL OR AS LARGE AS THE ONE
PROPOSED BY COlli MART. THE CITY ORDINANCE. 19.40.040 REGULATING
SIGNS, LIMITS THE HEIGHT TO 35 FEET ABOVE GRADE AND A MAXIMUM 150
SQUARE FEET IN SIZE FOR THIS PARTICULAR TYPE OF SIGN. I FEEL
THESE LIMITS ARE WAY TOO GENEROUS AND SHOULD BE REDUCED, BUT
THAT'S ANOTHER MATTER. THERE WAS A DAY WHEN THE HIGHWAYS AND
FREEWAYS WERE LINED WITH HUGE BILLBOARDS. THE DAYS OF LARGE,
VISUALLY POLLUTING SIGNS ARE GONE, HISTORY I TODAY, PEOPLE WANT
MORE SUBDUED AND EliVIRONME!l'TALLY PLEASlJiG SIGNS.
COIN MART IS A VERY LARGE, FORMIDABLE BUILDING, JiOT EASILY
MISSED. A SIGN, OF THE MAGNITUDE PROPOSED, IS JiOT NEEDED. A
NARROW SIGN ALONG THE TOP COlUllCE OF THE BUILDlJiG WOULD BE MORE
THAN ADEQUATE TO INFORM PEOPLE WHAT BUSlJiESS IS LOCATED THERE.
AS I STATED IN MY PREVIOUS LETTER, THIS BUSINESS IS SURROUNDED BY
R1 PROPERTY. THE PEOPLE WHO LIVE THERE, AND WHO ALSO HAPPEN TO
BE VOTERS, DO NOT DESERVE THIS nPE OF VISUAL POLLUTION.
AND FIliALLY, THE Cln ORDINANCE LIMITS THE HEIGHT OF SUCH SIGNS
TO 35 FEET ABOVE GRADE, MR. ALTBAUM WANTS 42 FEETI THE CITY
ORDINANCE LIMITS SIZE TO 150 SQUARE FEET. MR. ALTBAUM WANTS 153
SQUARE FEET I THE CITY ORDINANCE STATES, "THE SIGN SHALL BE
PLACED PERPENDICULAR TO THE STREET IT IS ORIENTED TO...". I
" ALWAYS THOUGHT PERPENDICULAR MEANT AT A RIGHT ANGLE TO A GIVEJi
LINE I THE PROPOSED SIGN IS JiOTI IT SEEMS MR. ALTBAUM THINKS HE
CAli GET WHATEVER HE WANTS I
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THE PREREQUISITES FOR GRANTIHG A VARIAXCE HAVE HOT BEEN MET. HO
HARDSHIP HAS BEEN SHOWli BY MR. ALTBAUM. HO OTHER BUSIIiESS IN THE
AREA HAS WHAT HE WANTS, SO AX APPROVAL OF THIS VARIAXCE COULD
OJiLY BE CONSTRUED AS A SPECIAL PRIVILEGE FOR MR. ALTBAUM.
I STRONGLY RECOMKEtm A DENIAL OF THIS APPEALI
YOURS '!RULY,
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RICHARD AND BETTY BECK
203 GUAVA AVENUE
CHULA VISTA, CA. 91910
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PLARHING DEPARTMENT
PUBLIC SERVICE BUILDING
CHULA VISTA CIVIC CENTER
276 FOURTH A VE!iUE
CHULA VISTA, CA. 91910, '
RE: CASE HUMBER IAV-96-12
c
AT~&HTIONi PATTY HEVIHS
MY HUSBAND AND OUR TWO CHILDREN ARE CURRENTLY RENTING THE
RESIDENCE AT 215 GUAVA AVE. WE RECEIVED THE lIlOTICI!: VIA MAIL
REGARDING THE PROPOSED 42' ABOVE GRADE nON SIGN THE COIN KART
AT 'I'HE CORNER OF 4TH . E ST. WOULD LIKE TO PUT OH TOP OF MIR
ALREADY VERY TALL BUILDING. BOTH MY HUSBAND AND I STRONGLY
OPPOSE THIS EYE SOREIIIII .
OUR BACKYARD WHICH FACES THE COIN MART IS IIOW PRIVATI!: AS TAR AS
TRAFFIC NOISE AND EYE POLLUTION (EXCEPT FOR THE ALREADY TOO TALL
BUILDING). IF THIS LARGE SIGN IS ALLOWED TO GO UP OUR BACKYARD
WILL BE ILLUMINATED AT HIGHT, 1Il0T TO MENTION THAT WE WILL HAVE TO
STARE AT THIS SIGN EVERY TIME WE USE .OUR PATIO, WHICH IS QUITE
OFTEN SINCE WE DO LIVE IN SUNNY SAN DIEGO COUNTY III THE
TEMPORARY "GRAND OPENING" SIGN THAT THE COIN MART HAS PLASTERED
ALL OVER THEIR BUILDING HAS ALREADY WORN OUT ITS WELCOME. CITY
ORDINANCE ALLOWS ONLY 14 DAYS TOR TEMPORARY SIGNS. THESE SIGNS
HAVE BEEN UP TOR 3 MONTHSIIII
THE COIN MART IS AN ESTABLISHED BUSInSS,' EVERYOn IX TOW1Il KNOWS
THAT THEY HAVE MOVED TO THIS JlEW LOCATION. WE ARE lIlOT SURE WHAT
THIS SIGN IS TOR EXCEPT TO TRY A1IlD DRAW PEOPLE IN FROM DEL KAR OR
SAN YSIDRO MAYBE??? ALSO THE BUSIDSS IS lIlOT Rn !'O BWY 5 OR 80S
WHERE THERE MIGHT BE A OED TO DRAW TRAFFIC.
.. ..--_. - ~._. . --.
IX CLOSIXG, WE UALIIE ':HAT WE LIVE 'IX A COMMERCIAL UD
RESIDENTIAL PART OF TOWN, BUT LETS KEEP OOl;HTOWJl CHULA VISTA LOOKING LIKE A lIlICE PLACE TO LIVE III mIS n:w " X 17' RON SIem
WILL BE UHA!=CEPTABLE III
WE ARE I1Il ~AL OPPOSITION TO mIS VARIAlIlCE.
,&;::#4- ~
RAYMOND A1IlII DEBORAH LUTHER
215 GUAVA AVE
CHt1LA VISTA, CA 91910
/- I?"t,/
JUliE 6, 1996
JUi'j 0 713::5
PLA!iliING DEPARTMENT
PUBLIC SERVICE BUILDING
CHULA VISTA CIVIC CENTER
276 FOUR'fH AVEIiUE.
CHULA VISTA, CA. 91910
RE; CASE 5UKBER lAV-96-12
AT'1'ENTION; PA'nY NEVINS
AS RESIDENTS WHO HAVE LIVED AT 203 GUAVA (CANDY CASE LANE) SINCE
1980, WE OUR VERY STRONGLY OPPOSED TO ANY VARIANCE WICH WOULD
ALLOW THE PROPERTY OWNER AT 396 "E" STREET, TO INSTALL A ROOF
MOUNTED SIGN TO THE HEIGHT OF 42 FEET ABOVE GRADE ON HIS
BUILDING.
P~ c.~" .' ,.' -.
L. II'l...;'~....
FROM OUR RESIDENCE WE HAVE ALREADY BEEN FORCED TO ENDURE BIGHT
TIME LIGHTING FROM ARCO'S AM-PM MINI MART (OPEN 24 HOURS) AND'
WINDY'S FLORIST PARKING LOT LIGHTING. NOW, IF 'fHIS VARIANCE IS
APPROVED, YOU ARE ASKING US TO ENDURE YET ANOTHER VISUAL EYE
SORE, A LARGE SIGN LOOMING HIGH OVER OUR PATIO AND BACKYARD WICH
WILL tnmOtlllTEDLY BE LIT AT RIGHT BATHING OUR PATIO AND REAR
INTERIOR OF OUR HOME IN FLORE SCENTS . ONCE AGAIN THIS IS AN
INVASION OF OUR PRIVACY. THIS IS ROT ACCEPTABLE.
WE LIVE IN AN AREA OF COMMERCIAL AND RESIDENTIAL 10NING. WE
STRONGLY FEEL THAT IN AREAS SUCH AS THIS, NOISE POLLUTION, VISUAL
POLLUTION AND AIR POLLUTION CREATED BY THE COMMERCIAL PROPERTY
OWNERS, OR BY THE OWNER OF 396 "En STREET, THE RIGHTS OF THE
RESIDENTIAL PROPERTY OWNERS SURROUNDING THESE COMMERCIAL
PROPERTIES SHOULD TAU PRECEDENCE OVER THE COMMERCIAL PROPERTY
OWNERS RIGHT TO INSTALL A VISUALLY INTRUSIVE U FOOT ABOVE GRADE
BIGHT LITE ABOVE OUR PROPERTY I THIS IS NOT ACCEPTABT,1I! I
~
LET'S ASK OURSELVES, IS TBIS SIOS RUT.T.y JlECESSARY? WHAT WE ARE
TALKING ABOUT HERE IS A WELL ESTABLISHED CHtJLA VISTA BUSIDSS,
(COIN MARTr WICH BAS MOVED FROM nllRO AVEWE IJI'l'O A VERY LARGE
TWO STORY BAHK BUILDING LOCATED AT lTH , E STREET THAT IS VERY
BARD TO MISS VISUALLY, BECAUSE OF IT'S HEIGHT AND IT'S LOCATION
OR A CORNER. I AM AWARE OF A FAIRLY Er!DSIVE RADIO CAMPAIOS ~
MAltZ PEOPLE IB THE COUNTY AWARE THAT THIS BUSIRSS BAS MOVED AND
OF ITS B'EW LOCATION. TO ALLOW THIS BUSIDSS OWRER ~ INSTALL A
VERY LARGE (9FT. l[ 17FT.) SIOS, OR AllY SnE FOR THAT MATTER, ATOP
A VERY LARGE BUILDING (2 STORY), WHICH WILL SO ADVERSELY IMPACT
SO KAl(Y RESIDENTIAL HOMEOWNERS LIVING RIGHT Dr! DOOR OR DIRECTLY
ACROSS THE STREET FROM nlIS BUSIDSS, IS COMPLETELY
IRRESPONSIBLE. LET ME ASK YOU nlIS; 1IHZR IS 'rBE LAST TIME YOU
-~ /?"~:J.
DROVE AROUND ~WN LOOKING TOR A PARTICULAR BUSlHESS BY LOOKING
TOR A 42 TOOT HIGH SIGN WITH IT'S KAME ON IT? I THIRX THAT MOST
PEOPLE WOULD OBTAIN THE ADDRESS OF THE PARTICULAR BUSIRESS, DRIVE
TO THAT LOCATION AND, VOILE', THERE'S THE BUSlHESS. .0 &2 FOOT
HIGH SIGN HEEDEDI 50 VISUAL POLLUTION, ALL SURROUNDI5G
IlESIDENTIAL HOKE OWNERS ARE HAPPYI LITE IS GOODI A SIGN ON nm
,FACE OF THE BUILDING SHOULD SUTTlCE TO LET PEOPLE DOW lfHAT
BUSlHESS IS LOCATED THERE I I AM SORE PEOPLE WILL FIn ~IS .
BUSlHESS ESTABLISHKENT WITH 50 PROBLEM, AJiI) THERE IS ABSOLUTELY
50 REED FOR A 42 FOOT ABOVE GRADE SIGH AT 396 "E" STREET, UXLESS
THE OWNER IS TRYI5G TO ATTRACT PEOPLE 15 TIJtJAJiA OR LAJOLLAI
WE THEREFORE STRONGLY OPPOSE GRA5TUG mIS VARIAJilCE.
;;;;6>L~ ~(LP"
RICHARD AND BETTY BECK
203 GUAVA AVENUE
CHULA VISTA, CA. 91910
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Jt11iE 6, 1996
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PLAR5ING DEPARTMENT
PUBLIC SERVICE BUILDING
CHULA VISTA CIVIC CENTER
276 FOURTH AVEWE
CHULA VISTA, CA. '91910
RE1 CASE 5UMBER lAV-96-12
A'I'TENTION: PATTY IlEVINS
MY JlAME IS FRANCES A. ZWAHLEN. I AM A LIFE LONG CHtJLA VISTA
RESIDENT OF 53 YEARS AND I AM THE OWliER OF PROPERTY LOCATED AT
215 OtJAVA AVEWE. THIS IS A SINGLE FAMILY RESIDENCE AND IS
CURRENTLY BEING RENTED BY A FAMILY OF FOUR'.
I AM STRONGLY OPPOSED TO ANY VARIANCE THAT WOULD ALLOW A 42 FOOT
ABOVE GRADE SIGN TO BE INSTALLED AT 396 "E" STREET. 396 "En
STREET IS DIRECTLY BEHIND MY PROPERTY. ANY SUCH SIGN WOULD BE
HIGHLY OBJECTIONABLE TO ANYONE WANTING TO RENT THIS PROPERTY AND
CONCERNS HAVE ALREADY BEEN EXPRESSED BY THE PRESENT OCCUPANTS
AFTER RECEIVING THEIR NOTICE OF PUBLIC BEARING ON THIS MATTER.
THIS SIGN WOULD BE HIGHLY VISIBLE FROM THE REAR OF THIS RESIDENCE
AND IF LIGHTED WOULD BE HIGHLY OBJECTIONABLE. A SIGN OF THIS
JlATtJRE WOULD UNDOUBTEDLY CAUSE ME A MONETARY LOSS IN P'tJ'1'URE
RENTAL JlEGOTIATIONS.
I REQUEST THAT YOU DENY THIS VARIANCE.
SINCERELY,
...;-;..,. ....~Ci-.~
FRANCES A. lWAHLEN
28 LAJtE HELIX DRIVE
LA MESA, CA. 91941
~7''''I
_~/ DISCLOS~ACHMENT 10
7' - /?-~S' STATEMENT
---.
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TIlE ~OF anJlA VISI'A DISa..oSURE SfALr
You are required to file a Statement .of Disclosure of certain ownerihip or ~cial interests, payments, or campa;
contnoutioDS, on all matteri which will require discretionary action on the part of the ary Council, Planning Commission, L
all other official bodies. The following lnlormation must be disclosed:
/
1. Ust the names of all persons having a financial interest in the property which is the subject of the application or the
COlltract, e.g., owner, appl!cant, contractor, subalntractor, material supplier. .
/1711 R:ri,.; ,q. LT8t4U /Y1
13~;4~ ITLTl!rW1Y1
2. If any person. Identified pUriuant to (1) above is a corporation or partnerihip, list the names of all individuals awning
more than 10% of the shares in the corporation or awning any partnership interest in the partnership.
NONe
3. If any person. identified pursuant to (1) above Is non-profit organl2ation or a trUSt, list the names of any person
seni.ng as director of the non-profit organl2ation or as trUStee or beneficiary or trUStor of the trUSt.
Nf7N e-
4.
Have you had more than S250 wonh of business transacted with any member of the at)' stair, Boards, Commissions,
Committees, and Council within the past twelve months? Yes_ Nox..lfyes, please indicate person(s):
s.
Please identify each and every person, including any agents, employees, consultants, or independent contractors who
you have assigned to represent you before the at)' in ~ matter.
TJLeJt. VILLA (VA-LLe<j A/~N)
O'J;1f(T/M ftLI13MtIY/ 0 wAfel<
6.
Have yoll and/or your officers or agents, in the aggre~te, contnouted more than Sl,lXXl to a Councilmember in the
current or preceding election period? Yes_ NoJ!S.. lfyes, state which Councilmember(s):
Date:
tkh I.
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... (NCYre AttQ addiOODal pages m~.. .~
Signature of contractor/applicant
I?1A-RTIIlf AL/13/1V/J1
~ 11 t" Print or type name of contraClOr/applicant
. f!!:!!!!!&dt:JfN4c .My~frm, ~;.,.,;,..,., ~";"""IDdIJldub,tt-ul~... '--'......~....... .....,...,.;,.,r,J?"J:~
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RESOLUTION NO. 11''/37--1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DENYING THE APPEAL OF COIN MART FROM THE
DECISION OF THE PLANNING COMMISSION AND THEREBY
DENYING A VARIANCE FOR THE CONSTRUCTION OF A ROOF-
MOUNTED SIGN TO 42 FT. ABOVE GRADE FOR THE
COMMERCIAL BUILDING LOCATED AT 396 E STREET WITHIN
THE C-T THOROUGHFARE COMMERCIAL ZONE
WHEREAS, a duly verified variance application was filed with the City of Chula Vista
Planning Department on April 12, 1996 by Valley Neon Sign Company, and;
WHEREAS, said application requests approval to construct a roof-mounted sign to 42
ft. above grade for the commercial building at 396 E Street within the C-T Thoroughfare
Commercial zone, and;
WHEREAS, the Environmental Review Coordinator has determined that this proposal
is exempt from environmental review under CEQA as a Class 11 exemption, and;
WHEREAS, the Planning Director set the time and place for a Planning Commission
hearing on said application and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the city and its mailing to property
owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the
hearing, and;
WHEREAS, the hearing was held at the time and place as advertised, namely June 12,
1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission, AND;
WHEREAS, after hearing public testimony and considering the project, the Planning
Commission voted 4-2 to deny the request in accordance with Resolution ZA V-96-12, and;
WHEREAS, on June 13, 1996 Mr. Martin Altbaum filed an appeal from the Planning
Commission decision with the City Council, and;
WHEREAS, the City Clerk set the time and place for the City Council hearing on said
appeal and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet
of the exterior boundaries of the property at least 10 days prior to the hearing, and;
WHEREAS, the hearing was held at the time and place as advertised, namely September
17, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council,
and the hearing was thereafter continued, and;
17~"/
WHEREAS, the continued hearing was held at the time and place as advertised, namely
October 8, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City
Council, and after discussion the hearing was continued, and;
WHEREAS, the continued hearing was held at the time and place as advertised, namely
December 10, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City
Council, and the hearing was thereafter closed.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL DOES hereby
find, determine, resolve, and order as follows:
The above-described application for a variance is hereby denied based upon the following
findings and determinations:
I. Findings.
1. That a hardship peculiar to the property and not created by any act of the
owner exists. Said hardship may include practical difficulties in developing the property
for the needs of the owner consistent with the regulations of the zone; but in this context,
personal, family or fmancial difficulties, loss of prospective profits, and neighboring
violations are not hardships jnstifying a variance. Further, a previons variance can never
have set a precedent, for each case mnst be considered only on it individual merits.
No hardship peculiar to the property exists since rooftop signage within the height permitted by
the code would be visible to traffic in the area, although proportional requirements could limit
sign area. Additionally, the code would allow alternatives to this sign proposal; these include
the possibility of a freestanding sign elsewhere on the property, and wall-mounted signage on
the building parapet. Therefore, a hardship does not exist relative to this property and the
proposed signage.
2. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same zoning district and in
the same vicinity, and that a variance, if granted, would not constitute a special privilege
of the recipient not enjoyed by his neighbors.
The approval of this variance would not serve to preserve property rights for this owner enjoyed
by other properties in the same zoning district and in the same vicinity; as other properties in
the immediate vicinity currently utilize freestanding signage which complies with code
requirements or is actually less tl1an that allowed. If granted, the proposed variance would
therefore constitute a special privilege of the recipient.
3. That the authorizing of such variance would not be of substantial detriment
to adjacent property, and would not materially impair the public interest.
The approval of this variance would be detrimental to adjacent property in that it would provide
this property with a sign of excessive height and visibility and an advantage with respect to
business identification in comparison to other surrounding properties.
17/?'~
4. That the granting of this variance would not adversely affect the general plan
of the city or the adopted plan of any governmental agency.
The approval of this variance would not be consistent with City policies and the General Plan
for the reasons outlined above.
II. A copy of this resolution shall be transmitted to the applicant.
Presented by
Approved as to form by
Robert Leiter
Director of Planning
17~'J
RESOLUTION NO.
/g''I.J'7'' .2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE APPEAL OF COIN MART FROM THE
DECISION OF THE PLANNING COMMISSION AND THEREBY
APPROVING A VARIANCE FOR THE CONSTRUCTION OF A
ROOF-MOUNTED SIGN TO 42 FT. ABOVE GRADE FOR THE
COMMERCIAL BUILDING LOCATED AT 396 E STREET WITHIN
THE C-T THOROUGHFARE COMMERCIAL ZONE
WHEREAS, a duly verified variance application was filed with the City of Chula Vista
Planning Department on April 12, 1996 by Valley Neon Sign Company, and;
WHEREAS, said application requests approval to construct a roof-mounted sign to 42
ft. above grade for the commercial building at 396 E Street within the C- T Thoroughfare
Commercial zone, and;
WHEREAS, the Environmental Review Coordinator has determined that this proposal
is exempt from environmental review under CEQA as a Class II exemption, and;
WHEREAS, the Planning Director set the time and place for a Planning Commission
hearing on said application and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the city and its mailing to property
owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the
hearing, and;
WHEREAS, the hearing was held at the time and place as advertised, namely June 12,
1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission, AND;
WHEREAS, after hearing public testimony and considering the project, the Planning
Commission voted 4-2 to deny the request in accordance with Resolution ZAV-96-12, and;
WHEREAS, on June 13, 1996 Mr. Martin Altbaum filed an appeal from the Planning
Commission decision with the City Council, and;
WHEREAS, the City Clerk set the time and place for the City Council hearing on said
appeal and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet
of the exterior boundaries of the property at least 10 days prior to the hearing, and;
WHEREAS, the hearing was held at the time and place as advertised, namely September
17, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council,
and the hearing was thereafter continued, and;
/"?{1-/
WHEREAS, the continued hearing was held at the time and place as advertised, namely
October 8, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City
Council, and the hearing was continued, and;
WHEREAS, the continued hearing was held at the time and place as advertised, namely
December 10, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City
Council, and the hearing was thereafter closed.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL DOES hereby
find, determine, resolve, and order as follows:
The above-described application for a variance is hereby approved based upon the following
findings and determinations:
1. Findings.
I. That a hardship peculiar to the property and not created by any act of the
owner exists. Said hardship may include practical difficulties in developing the property
for the needs of the owner consistent with the regulations of the zone; but in this context,
personal, family or financial difficulties, loss of prospective profits, and neighboring
violations are not hardships justifying a variance. Further, a previous variance can never
have set a precedent, for each case must be considered ouly on it individual merits.
A hardship exists since, due to the height and scale of the building for which this variance is
proposed, a rooftop sign within the height limits required by code would be extremely limited
in design, copy, and content, and would provide very limited visibility. In order to give the
applicant visibility and preserve well-proportioned cabinet design, additional height is necessary.
2. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same zoning district and in
the same vicinity, and that a variance, if granted, would not constitute a special privilege
of the recipient not enjoyed by his neighbors.
The approval of this variance will allow the property owner to construct a rooftop sign of
proportionate dimensions and within reasonable height limitations, and one which will be clearly
visible from public rights-of-way, consistent with the design and visibility which would be
available to other property owners in the same zone and within the vicinity due to the difference
in building height. Approval of this variance therefore would not constitute a privilege of the
recipient not enjoyed by neighbors since sign visibility would be consistent with what is available
to others.
118":2.
3. That the authorizing of such variance will not be of substantial detriment to
adjacent property, and will not materially impair the public interest.
The authorizing of this variance will simply provide for a rooftop sign similar in height and area
to rooftop signs which have been previously utilized on this property, and will therefore have
no impact upon adjacent property.
4. That the granting of such variance would not adversely affect the general plan
of the city or the adopted plan of any governmental agency.
The approval of this variance would not adversely affect the General Plan of the City.
II. Conditional Grant of Variance; Conditions
1. The City Council hereby approves this variance subject to the condition that it
shall be only for the rooftop sign proposed with dimensions of 8' x 16', and to
a maximum height of 42 f1. above grade.
2. Payment of all outstanding deposit amounts due on ZA V-96-l2 shall be required
prior to issuance of building and/or sign permits for the rooftop sign.
Ill. A copy of this resolution shall be transmitted to the applicant.
Presented by
Approved as to form by
Robert Leiter
Director of Planning
~~I
M.K~e~ ~
lty Attorney
/7(1-3
COUNCIL AGENDA STATEMENT
Item / S?'
Meeting Date 12/10/1996
ITEM TITLE:
Report Denying Request for All-Way Stops on Lakeshore Drive at Hartford
Street and Lakeshore Drive at Cree wood Way
(4/5ths Vote: Yes_No-X..)
SUBMITTED BY:
Director of Public Work~
City ManagerJ(q ~~ 7Jv/7
REVIEWED BY:
On October 10, 1996, the Safety Commission voted, against staff's recommendation, to install all-way
stops at the intersections of Creekwood Way and Hartford Street with Lakeshore Drive. The Safety
Commission Policy, adopted by resolution of the City Council on March 14, 1995 as Council
Policy No. 110-09 (Exhibit "A"), provides that whenever the City Engineer declines to implement
a safety control measure recommended by the majority of the Safety Commission, the Safety
Commission has the power, by a vote of at least four commissioners, to refer the matter to the
City Council for final resolution. This report, denying the request for all-way stops at the
intersections of Lakeshore Drive at Hartford Street and Lakeshore Drive at Creekwood Way,
represents the Safety Commission's referral of the matter to Council.
RECOMMENDATION: That the City Council accept staff's report, thereby denying the request
and recommendation of the Safety Commission to install all-way stops at the intersections of
Lakeshore Drive at Hartford Street and Lakeshore Drive at Creekwood Way.
BOARDS/COMMISSIONS RECOMMENDATION: On October 10, 1966, the Safety Commission
voted 6-0-1 (Hoke absent), against staff's recommendation, to install all-way stops at the intersections
of Creekwood Way and Hartford Street with Lakeshore Drive.
DISCUSSION:
At the August 8, 1996 Safety Commission meeting, staff presented a report regarding a written request
from Geoffrey Clemmons who lives at 1948 Clearbrook Drive to install an all-way stop on Lakeshore
Drive at Clearbrook Drive. At that meeting the Safety Commission voted to deny an all-way stop at
Lakeshore Drive and Clearbrook Drive. Since the Safety Commission and staff concurred that this
sign was not warranted, under the Council Policy this ends the issue. However, the Commission
requested that staff prepare and bring back at the October Safety Commission meeting all-way stop
studies for the Lakeshore Drive/Creekwood Way and Lakeshore Drive/Hartford Street intersections
and new speed surveys for Lakeshore Drive. On October 10, 1996 staff presented the all-way stop
studies to the Safety Commission with a recommendation that the all-way stops not be installed at said
locations. The Safety Commission disagreed with staff and recommended that the stops be installed.
The Safety Commission felt that something needed to be done now to control the speed of motorists
using the loop. They felt that installing all way stops at these two intersections was appropriate
because of they are located at equal distances between existing all-way stops. The Commission felt
/8""/
Page 2, Item_
Meeting Date 12/10/1996
that the low point totals assessed to the proposed all way stop locations under Council Policy No. 478-
03 was not indicative of the problem that exists. In accordance to Council Policy 110-09, the matter
was referred by the Safety Commission to the City Council for final resolution. Attached as Exhibit
"B" is a map showing the area.
Staff completed speed surveys on Lakeshore Drive and all-way stop evaluations for the intersections
of Lakeshore Drive at Creekwood Way and Lakeshore Drive at Hartford Street. When considering
all-way stop control at an intersection, several factors are looked at to determine the need for
installation. These factors include: pedestrians and vehicle volumes, accident history, and physical
factors such as sight distances, speed of vehicles, and roadway alignment, including curve radii and
topography. All-way stop evaluation per Council Policy No. 478-03 and accident histories for the two
locations are attached as Exhibit "c" and Exhibit "0".
1. Creekwood Way at Lakeshore Drive
The intersection of Lakeshore Drive and Creekwood Way, as shown on Exhibit "B," is a T-
intersection with an existing stop sign for northbound Creekwood Way. Lakeshore Drive, a loop
roadway around the lake at Eastlake I, is 42' wide curb to curb in this area with parking allowed along
the inside curb only and bike lanes on both sides. Lakeshore Drive at this intersection has an Average
Daily Traffic (ADT) of 2,470.
Creekwood Way is a 36-foot wide curb to curb residential street which begins on the outside of the
curve on Lakeshore Drive which provides excellent visibility from Creekwood Way for traffic on
Lakeshore Drive. Creekwood Way is intersected by Crosscreek Road, and ends at a temporary
barricade at the northerly subdivision boundary of the Telegraph Canyon Estates (St. Claire)
development. It is a two lane roadway with parking allowed on both sides of the street. The Average
Daily Traffic (ADT) on Creekwood Way is 230 vehicles south of its intersection with Lakeshore
Drive. At the present time, vehicles from approximately 25 homes use the intersection of Creekwood
Way and Lakeshore Drive daily. Creekwood Way is proposed to be connected to Chateau Court
(formerly Gotham Street) at a future date when Phase III of Telegraph Canyon Estates is completed.
The intersection is well lit by a street light near the center of the intersection.
The statewide frequency of accident occurrence for this type of intersection is once every 4.5 years.
A review of the accident history for this intersection from January 1, 1987 to present (a period of over
nine years) shows no reported accidents. No pedestrian accidents have occurred in the past nine years.
A horizontal curve with a 550 foot radii is located just west of the intersection limits the design speed
on Lakeshore Drive to less than 35 MPH. The posted speed limit is 30 MPH. A speed study was
conducted on Lakeshore Drive in the vicinity of Creekwood Way. The eastbound 85th percentile
speed was 38 MPH; the westbound 85th percentile speed was 40 MPH while the average speed was
34 MPH and the median speed was 35 MPH. Sight distance at this intersection is clear for a distance
of over 450' to the west and over 500' to the east which exceeds the minimum stopping sight distance
of 200' needed for the speed limit of 30 MPH posted on Lakeshore Drive. A minimum stopping sight
distance of 280' is needed for 38 MPH and 300' is needed for 40 MPH.
/8" .2..
Page 3, Item_
Meeting Date 12/10/1996
Since Mr. Clemmons indicated in his letter that it was difficult for pedestrians to cross Lakeshore
Drive, staff conducted a field survey of existing conditions and pedestrian count at the intersection
location. There are only two facilities in the immediate area that would be expected to attract
pedestrian traffic, Shorebird Park and the Eastlake Beach Club. Shorebird Park is located 600' east
of the intersection on the outside of the loop road (Lakeshore Drive), the sarne side of the loop as the
Creekwood Way housing. There are no homes fronting on the inside of the loop so Shorebird Park
would not be expected to attract pedestrians from across the street. The Eastlake Beach Club is the
only recreation area inside the loop that could generate pedestrian traffic across Lakeshore Drive.
However, staff did not observe any pedestrians crossing Lakeshore Drive during several field trips at
different times of day; therefore, was unable to confirm that a pedestrian crossing problem exists.
Utilizing the all-way stop policy warrant evaluation which assesses points to various traffic factors, the
Lakeshore Drive/Creekwood Way intersection received a total of 3 points out of a possible 54 points
(Exhibit "C"). The breakdown of the points given are as follows: two points for the horizontal curve to the
west of the intersection, and one point for pedestrians crossing near the intersection. Thirty points minimum
are required to justify the installation of an all-way stop. Since the intersection has an excellent safety record,
excellent visibility, relatively low traffic volumes, and there is not a demonstrated congestion or a pedestrian
crossing problem, staff cannot support the request for installation of an all-way stop at this location. Staff
recommends that an all-way stop sign not be installed and that an evaluation be conducted after the
connection of Creekwood Way to Chateau Court is complete.
2. Hartford Street at Lakeshore Drive
The intersection of Lakeshore Drive and Hartford Street, as shown on Exhibit "B," is a T-intersection with
an existing stop sign for southbound Hartford Street. Lakeshore Drive, a loop roadway around the lake at
Eastlake I, is 42' wide curb to curb in this area with parking allowed along the inside curb only and bike
lanes on both sides. Lakeshore Drive has an Average Daily Traffic (ADT) of 3,765 at this intersection.
Hartford Street is a 36 foot wide residential street, which begins at Harnden Drive and ends at its intersection
with Lakeshore Drive. Since the intersection is located on the outside curve of Lakeshore Drive, there is
excellent visibility from Hartford Street of vehicles traveling on Lakeshore Drive. Hartford Street is a two
lane roadway with parking allowed on both sides of the street. The ADT on Hartford Street, north of its
intersection with Lakeshore Drive, is 1400 vehicles. Vehicles from approximately 100 homes use the
intersection of Hartford Street and Lakeshore Drive daily. The intersection is well lit by a street light near
the center of the intersection.
The statewide frequency of accident occurrence for this type of intersection is once every 4.5 years. A
review of the accident history for this intersection from January 1, 1987 to present (a period of over nine
years) shows no reported accidents. No pedestrian accidents have occurred in the past nine years. Curves
with 550 foot radii located east and west of the intersection limit the design speed on Lakeshore Drive to
less than 35 mph and the posted speed limit is 30 MPH. A speed survey taken on Lakeshore Drive on
September 9 and September 10, 1996 shows the eastbound 85th percentile to be 38 MPH. The westbound
85th percentile is 41 MPH with both an average speed and median speed of 36 MPH. Sight distance at this
intersection is clear for a distance of over 400' to the west and over 450' to the east. A minimum of two
hundred feet of stopping sight distance is needed for a travel speed of 30 MPH posted on Lakeshore Drive.
A minimum stopping sight distance of 280' is needed for 38 MPH and 310' is needed for 41 MPH.
I i" '?
Page 4, Item_
Meeting Date 12/10/1996
A field survey and pedestrian counts were also taken at this location. There are also two facilities in the
immediate area likely to attract pedestrian traffic. These are Ashbrook Park and the Eastlake Beach Club.
Ashbrook Park is located approximately 100' west of the Hartford Street intersection on the north side or
outside of the Lakeshore Drive loop. The Eastlake Beach Club is on the inside of the loop. However, staff
observed only two pedestrians crossing Lakeshore Drive during several field trips at different times of day;
therefore, was unable to confirm that a pedestrian crossing problem exists.
Utilizing the Council's all-way stop policy warrant evaluation which assesses points to various traffic factors,
the Lakeshore Drive/Hartford Street intersection received a total of 7 points out of a possible 54 points
(Exhibit "D"). The breakdown of the points given are as follows: two points for the horizontal curves near
the intersection; one point for pedestrians crossing near the intersection; two points for the volume of traffic
on Lakeshore Drive; and two points for the traffic volume percentage split of 18.6%. Thirty points
minimum are required to justify the installation of an all-way stop. Since the intersection has an excellent
safety record, excellent visibility, relatively low traffic volumes, and there is not a demonstrated congestion
or a pedestrian crossing problem, staff cannot support the request for installation of an all-way stop at this
location. Staff recommends that an all-way stop sign not be installed at Hartford Street.
It should be noted that unnecessary stop signs may increase the amount of rear-end accidents and increase the
amount of air pollution and expense to motorists. The approximate additional fuel costs to motorists at the
intersection of Lakeshore Drive and Hartford Street is $13,742 and $9,015 per year at Lakeshore Drive and
Creekwood Way.
All area residents have been notified of tonight's meeting including those in the vicinity of C1earbrook Drive
and Riversview Drive.
FISCAL IMPACT: Installation costs for two (2) all-way stops with advance warning signs and legends is
approximately $1,000.00. Funds for material, labor, and equipment for installation are available from the
street signs operating budget, Accounts 100-1432-5101, 5345, and 5269. The added fuel costs to citizens
is approximately $22,757 per year if both stops are installed on Lakeshore Drive.
Attachments: Exhibit "A"-Copy of Council Policy No. 110-09
Exhibit "B"-Area Plat
Exhibit "C"-AII-way stop study with accident history for Creekwood Way/Lakeshore Dr.
Exhibit "D" -All-way stop study with accident history for Hartford StreetlLakeshore Dr.
Exhibit "E" -Minutes of the Safety Commission Meetings; August 8, 1996 and October 10,
1996 (excerpt)
M: \HOME\ENGlNEER\AGENDA\LKSH-Hrt. mjd
I~,.r
COUNCIL POLICY
CI1Y OF CHUL<\ VISTA
E-XHIBIT /{"
~//y
SUBJECT:
Safety Commission Policy - Delegating
Additional Authority
POIJCY
NUMBER
110-09
EFFECTIVE
DATE
3/14/95
PAGE
1 of 4
ADOPTED BY: Resolution 17833 - (Replaces Policy Number 110-09
adopted 03-06-73 by Resolution 6772)
DAnD:
3/14/95
BACKGROUND
On March 6, 1973, the Qty Council adopted a Safety Commission policy establishing a procedure to be
followed by the Safety Commission in evaluating matters of vehicular or pedestrian safety within the public
right-of-way within the Qty of Olula ViSta. The March 6, 1973 policy limits the Safety Commission
responsibility to an advisory role to the Qty Council. Presently, fmal authority to implement traffic control
measures rests with the Qty Council.
In recent years there has been a greater awareness and concern over traffic and safety related issues. Due to
population, vehicular ownership, and traffic growth in the Qty, this awareness and concern has resulted in an
increase in traffic items brought before the Qty Council. This situation coupled with other pressing demands
on the Qty Council has adversely impacted their ability to schedule public hearings and resolve the high
number of traffic and safety matters initiated by the public that warrant <pedal consideration.
Due to the importance placed on traffic and safety matters and the need to deal with such maners
expeditiously, the Qty Council has determined a need to create an administrative process in which delegation
of authority is empowered to the Safety Commission and staff to act upon traffic and safety maners.
PURPOSE
The purpose of this policy is to establish an administrative procedure for the Safety Commission to conduct
public hearings on maners related to traffic and safety issues. This policy prescribes guldelines and criteria
for determining appropriate actions inaccordance with Qty Council directions and delegation of authority.
1. GENERAL POLICY
It shall be the policy of the Qty, to be implemented by such ordinances and resolutions as Il!&y be required,
that, within, the budgetary constraints set by Council through the budget, the Qty Council hereby delegates
authority to establish and maintain vehicular and pedestrian traffic control measures, standards, and
requirements in the public right of way ('Traffic Control Measures'), except as hereinbelow provided, to the
Qty Engineer after review by the Safety Commission ("Commission"), unless, on affirmative vote of a majority
of the membership of the Safety Commission, the Commission objects to the proposed action by the Qty
Engineer. In such case, the maner shall be referred to the Qty Council and the authority as to such matters,
shall, on such referral, be vested in the Qty Council to be exercised on the affirmative vote of three members
of the Qty Council.
The Commission shall not have the power to initiate or order the implementation of a Traffic Control
Measure, but shall have the power to recommend to the Qty Engineer that s/he consider a proposed Traffic
Control Measure. If the Qty Engineer shall consider and decline to implement a Traffic Control Measure
proposed by a majority of the Commission, the Commission shall by a vote of at least four (4) Commissioners
have the power to refer the maner to the Qty Council, and upon such referral, the authority to initiate and
order the Traffic Control Measure shall be thereupon revested in the Qty Council.
y 1K'''~
COUNCIL POLICY
CI1Y OF CHUlA VISTA
. -lBJECf:
Safety Commission Policy - Delegating
Additional Authority
POUCY EFFECIlVE
NUMBER DATE PAGE
11 0-09 3/14/95 2 of 4
I DATED: 3/14/95
ADOPTED BY: Re~olution 17833
2. EXCEPTIONS:
A. Traffic Control Measures budgeted by the City as a Capitallmprovement Project Budget.
The authority to establish a Traffic Control Measure for which the City has appropriated funds
in the City's C1P budget shall be vested in the City Council, subject to recommendations of the
City Engineer and Safety Commission.
B. Special Event Regulations
(1) Public Community Events.
The authority to establish and maintain Traffic Control Measures for community
events using the public right-of-way.
(2) Road Construction Projects.
The authority to establish and maintain temporary Traffic Control Measures for road
construction projects shall be vested in the City Engineer, unless overruled by the
affirmative vote of three members of the Council. The City Engineer shall, under the
following circumstances, advise the Council seven days in advance in writing of the
following proposed Traffic Control Measures exercised under the authority of this
exception:
(a) the proposed Traffic Control Measure may involve complete road closures on
any road;
(b) the proposed Traffic Control Measure may involve significant interference
with traffic on high volume roads; ~--:-
(c) the proposed Traffic Control Measure may involve long term partial road
closures on any road;
(d) the proposed Traffic Control Measure may involve interference with access to
any business;
(el the proposed Traffic Control Measure may involve the rerouting of traffic
through residential areas.
c.
Emergency Traffic Regulations.
r
~ )~,,?
COUNCIL POLICY
CI1Y OF CHULA VISTA
SUBJECT:
Safety Commission Policy - Delegating
Additional Authority
POUCY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: Resolution 17823
11 0-09 3/14/95 3 of 4
I DAnD: 3/14/95
2. EXCEPTIONS (continued)
D_ Traffic Control Measures Affecting Community Businesses.
The City Council reserves authority over all Traffic Control Measures designed to, or having
an impact on, the availability of parking for businesses, including but not limited to:
(1) Angle Parking
(2) Parking Meters
E. Traffic Control Measure associated with new developments and/or City projects.
3. INCLUSIONS
A.
Trial Traffic Regulations
Traffic Control Devices
Through Streets and Stop Intersections
Yield Right-of-Way Streets
Turning Movements
One-Way Streets and Alleys
Stopping, Standing and Parking
Loading Zones
Bicycle Parking Zones
Pedestrians
Permit Parking in Residential Zones
Chapter 10.12
Chapter 10.24
Chapter 10.32
Chapter 10.36
Chapter 10.40
Chapter 10.44
Chapter 10.52 (Except Angle Parking)
Chapter 10.60
Chapter 10.72
Chapter 10.76
Chapter 10.86
Final actions on matters requiring an Ordinance from City Council regarding Speed Regulatio~J.JChapter
10.48); Angle Parking (Chapter 10.52); Parking Meter Zones (Chapter 10.56); Permit Parking '(Chapter
10.56) and Truck Routes (Chapter 10.64) shall be exempt from this policy. These items will be referred to
the City Council with recommendations from staff and the Safety Commission for final disposition.
PROCEDURES
A. PUBUC INQUIRIES
1. ' Citizen requests for traffic and safety related improvements are submitted to the City
Engineer for evaluation.
2. The City Engineer performs traffic studies as necessary including the collection of pertinent
data and any other reference material.
3. The City Engineer analyzes the traffic data and makes a traffic engineering determination on
what, if any, traffic engineering improvements are needed.
~ Ie" 7
.
;
COUNOL POlla
CTIY OF OIULA VISTA
SUBJECf:
Safety Commission Policy - Delegating
Additional Authority
POUCY
NUMBER
EFFECI1YE
DAn:
PAGE
ADOPTI:D BY: Resolution 17832
110.09 3/14/95 4 of 4
I DAn:D: 3/14/95
A. PUBUC INQUIRIES (continued)
4. The City Engineer prepares a report to the Safety Commission presenting his/her findings
accompanied with a recommendation to accept or deny the citizen's traffic safety
improvement request.
5. The City Engineer's report is placed on the Safety Commission's meeting agenda.
6. Citizen and other affected individuals are notified of the date when their item will appear
before the Safety Commission. Notices are sent out not later than six days before the Safety
Commission meeting.
7. The Safety Commission conducts a public hearing, where staff presents their recommendation
to deny or approve the citizen's traffic safety improvement request to the Safety Commission.
8. The Safety Commission, by a majority vote of the Safety Commission, makes a determination
based on established Council policies, the Municipal Code, the California Vehicle Code, and
standard traffic engineering practices to concur with or disagree with the City Engineer's
report to approve or reject the citizen's traffic safety improvement request.
a. If the Safety Commission vote affirms the City Engineer's recommendation to approve
the citizen's traffic safety improvement request, staff is authorized to implement the
traffic safety improvement.
b. If the Safety Commission, by a majority vote of the Safety Commission, affirms the
City Engineer's recommendation to deny the citizen's traffic safety improvement
request, the denial is final and will not be forwarded by staff to the City Council for
their consideration unless one member of the Council within 10 days desires to hear
the item. Staff will notify Council of the Safety Commission hearing results through
the forwarding of an information memo outlining the action taken. Appeals to the.
City Council from decisions of the Safety Commission or City Engineer are a priority
and will normally be scheduled for a hearing 3 to 4 weeks from the date the appeal is
filed. After conducting a Public hearing, during which time the applicant and
interested parties may speak, the Council may .approved, conditionally approve, or
deny the request. The City Counc:il's decision is final.
J
~/~"r
COUNOL POllCY
CITY OF amLA VlST A
SUBJEcr:
Safety Commission Policy - Delegating
Additional Authority
POUCY
NUMBER
EFFECIlVE
DATE
PAGE
ADOPTED BY: Resolution 17833
11 0-09 3/14/95 5 of 5
1 DA~: 3/14/95
A. PUBUC INQUDUES (continued)
c. If the Safety Commission's vote is contraI)' to the City Engineer's recommendation,
the traffic item will be referred to the City Council and the authority as to such
matters shall, on such referral, be vested in the City Council to be exercised on the
affirmative vote of three members of the City Council. The Commission shall not
have the power to initiate or order the implementation of a Traffic Control Measure,
but shall have the power to recommend to the City Engineer that s/he consider a
proposed Traffic Control Measure. If the City Engineer shall consider and decline to
implement a Traffic Control Measure proposed by a majority of the Safety
Commission, the Commission shall, by a vote of at least four (41 Commissioners hav~ .
the Dower to'refer the matter to the Citv Council -;'_..1 .._~- ...... ....
authority to 1llItlate ana order the Tr c Control Mea<llrp ch.1Lbe.thereupon.Y.eslecL
.in the City Council. If Dew information or evidence presented at the hearing discloses
that the original recommendation is no longer valid, the City Engineer may take an
item off the City Council Agenda and concur with the Safety Commission's
recommendation thus waiving the appeal process.
B. TRAFFIC PLANNlNG
1. Any precise plans or site plans for the construction of buildings or facilities that are proposed
to be built adjacent to or having access to or impact on major streets which, in the opinion of
staff (Le. Director of Planning, Director of Public Works, or City Engineer) mav in light of the
plans submitted create the potential for a hazardous condition which mav have a detrimental
effect on vehicular or pedestrian traffic, will be forwarded, through the City Engineer, to the
Safety Commission for review, evaluation, and recommendations. .
2. The Safety Commission shall evaluate said precise plans and site plans in reference to their
effect upon traffic problems, and shall submit their recommendations tPccthe Planning
Commission and City Council at the time such plans are considered by said bodies.
3. Trial Traffic Regulation, Municipal Code 10.12.030 - In cases where authority has been
delegated to the Safety Commission and City Engineer to approve traffic control devices, the
Safety Commission will hereby be authorized to approve the installation with the concurrence
of the City Engineer's recommendation.
4.
The Safety Commission will adopt a recommendation embodying such regulation, or any part
thereof, after the 8-month trial period or which regulation shall cease to be effective. Where
an ordinance is required for final approval, the Safety Commission will forward their
recommendation to the City Council for adoption of the ordinance embodying such
regulation.
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//!rn
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\
EXH/13// "C"
roUNCIL POUCY
QlY OF QiUlA VlSTA
SUBJBCI'
.. ALL-VAY STCWl
POUCY'
... .-
EfPECItvB
...- .
AOOPTEDBY: Resolution No. 16147
C78-03 - 04-23-" 1 of ,
J)A'IED: 04-23.11
I-.cKSROUllD .
lht Cl1Trans Traffic Manual and the Manual on Unffol"'ll Traffic Control
Devices list criteria in dttel'llining the IIHd for an all-wa,y stop.
Actual Med for In 111-w1,)' 11 detel"llined by an engineering stucl1 which
Ixamines the lpecial characterhtics of the lite. . .'
""-way ltop ligns are very restricthe controls linc. they require all
Ilotorfsts entering the intersection to ltop at all tilllS. When stop
signs are installed for speed control and/or there is no.apparent traffic
reason for the .stop (tittle or no cross traffic), IIOtorhts "gard the
stop sign IS In unnecessary iapedilllent .and often tilles do ftot uke a
complete stop. When this occurs the .xpectations of other drhers Ind
pedestrians are altered. thereby jeopardizfng the saf.ty perfonunce of
the intersection. Although spuds wf11 be lower in the Yicinfty of the
stoP. speeds will be higher .idblock IS IIlOtorists try to ukellp for the
time lost at the unwarrlnted stop sign. Another negaUY. ISpect of
. unwarranted stop signs is the increase in noise Ind pollution as yehicl.s
apply thefr brakes to slow dCMl and Iccelerate out of the intersection.
It is impractical and impossible to install an 111-w1,)' s~ (or other
traffic control device such .as a traffic signal) whenever Ind wherever I
request is Nde; othenrlse during peak periods, extended dell,)'s to
Ilotorfsts Ilay result. thus forcing IIlOtorists to Itek alternate routes
through parlllels streets. often I residenUal .Irea. A Traffic
Engfneer's prilllry goal is to uintain safety Ind reduce vehfcle dell,)'.
PURPOSE
lht purpose of I fully 3ustfff.d, properly install.d 111-w1,)' stop 11 to
effecUvely Issign T'ight-of-wl,)', uin~in saf.ty Ind reduc. 'tIhiclt
dell,)'. &lnerllly, all-wl,)' stops Ire installed where traffic signals are
warranted and/or an accident history Ills been indicated by reported,
Iccidents of a ~ susceptible to correction by an al1-w1,)' stop.
. .
'OlICY STA'TMli!.
It shill be the policy of the tlty of Chub Yista, throu;tt the Departllent
of Public WortslEngineering Dhision. to warrant the installation of
All-WI,)' Stops in accordance with the foll.owing policy statements:
# )8"1/
.
. COUNCIL POUCY
CTY OF CHUlA VlSI'A
SUBJECT
AlL-VAY STOP
POllCY
NUMBER
EFFBCIlVE
DATE PAGE
ADOP'IEDBY: Resolution No. 16147
478-03 04-23-91 2 of 9
~~ 04-23-91
The California Vehicle Code, Section 21350 thru' 21355, Vives the
authority to local agencies to insta11 all-w1Y stop traffic controls
upon streets in their respective jurisdiction.
According to Federal and State traffi" contro1 guidelines, a11-way
stop installations should be reserved for the control of vehicular
traffic confiicts at intersections and should. not be used as devices
to control speed.
The City's policy for the installation of an all-way stop contro1 1s
based on a point system. Points Ire assigned to traffic factors
based on the severity of trafffc conditions. Factors lItuured are:
1.
2.
3.
4.
5-.
accident records
unusual conditions
pedestrian volumes
traffic volumes
traffic volume differentials
,
.p JK~/)-
COUNCIL POllCY
CTY OF QIUIA VlSTA
SUBJECI'
AlL-WAY STOP
POUCY ~
ADOPnD BY: Resolution 110. 16147
478~304-23-g1 3 of ,
DATED: 04-23-91
CITY ot CHUlA VISTA
All-}{AY 5TOP CONTROL WARRAIlTS
IIlTERSECTION L q
Oate:- 9/18/1(,
I .
Total 'oints 3
(~ZZ-I ~
GENERAL:
.
A fully justified. properly installed Ill-way stop can effectively assign
right of way. reduce vehicle delay. Ind decrease accidents. "nerally.
an a11...ay stop is reserved for the use at the intersection of two
through highways. Ind only as an interim trffffc control leasure prior to
Signalization. Stop signs are not to be used for speed control.
The posting of an intersection for all-way stop control should be based
on factual data. Warrants to be considered include:
1. Accident records
2. Unusual conditions
3. Traffic volumes
4. Traffic volume difference
5. Pedestrian volume
Points are assigned to each of these warrants. The total ~oints possible
are 54. The installation of an all-way stop control 1s justified with a
Ilinillllllll of 30 points. unless II\)' one of the CalTrans criteria is let.
All-W.l.Y STOP POIIlT SYSTEM CRITERIA:
1. ACCIDEIlT W.l.~RAIlT:
,
/'
Two points Ire- assigned for each accident susceptible to correction
. by an l11-way stop control durfng one full 7ear Ffor to the
investigation date. ?fIr.> -fa ~/jO/9~. . .... .
Total IIUIllber of accfdents correctfble by l11-way stop: . :12f .
Maxfllllll 14 points . SCORE:. f5 Points
,
13' "/J
COUNCIL POllCY
CllY OF 0iUIA VISTA
SUBmCT
AlL-WAY STOP
e_
POUCY' EfllBCIlVB
NUMBER DATE PAGE
ADOP'IEDBY:Resolution No. 16147
,78-03 04-23-91
J)A'IED: 04-23-91
.
of t
2. UNUSUAL CONDITION WARRANT:
Where unusual conditions exist, such as I school, fire station,
pl~ground, horizontal or vertical curves, etc., points Ire Issigned
on the bufs of engfneerin~ judgment. Unusual conditions shall be
considered only if within 500. feet of.the subject intersection. In
residential neighborhoods where there is I concentrltionof school
.ge children Ictivities separated from the residential neighborhood
by I collector street .nd coupled with other conditions, the ~~
Traffic Engineer Ilay .pply traffic engineering jUdpment Ind w"iTYi
tile JU-polnt Ililnimum point requirement to qualify the intersection
for .n .ll-way stop control.
The 3D-point Ilinimum requirement ~y be waived Ind In Ill-way stop
Ilay be installed only if less restrictive controls hive not
corrected. documented problem. ..
All-way stops. Illay be justified bued on "rojected
.ccident frequency when traffic signals Ire warr.nted
installed within. specified period of time. .
volumes Ind
Ind wi.". be
Maxillum 10 points ).f-ls IIDr,'r.D-'+" (CU,.,.e....
$CORE: ::<....-. Po i nts
3. PEDESTRIAN VOLUMES
Consideration is given to large nUlllbers of pedestri.ns crossirig the
aajor. Itr~et during the four busiest hours of In Iver.ge dll,)'.
Pedestrian Crossin; Major Street, Total during. busiest traffic hours
Yolurnes: eJ-SO 51-100 101-150 151-200 2Dl.OVER
Points: 1 2 3 ,4 5
0-
MlxillUll 5 poi nts - -.
,
StOI\E:
Ie
.
Points
~. TRAfTI C VOL lJoIES
Points Ire cSependent vpon the aagnitucle of vehicular volllllles entering
the intersection during the four busiest hours of In average dll,)'.
~ I?'I,/
COUNCIL POllCY .
an" OF aroI.A VlSI'A
SUEJECI' POUCY ~
ALL-lU.Y STOP VI 9.lrn:!
. 478-03 04-%3-" I of J
-
AOOPIED BY: Resolution lio. 16147 ~'IED: .~' _c,
'.
.
Trafffc Counts (circl. four "ighast "our YOlulIluh
Hour EnIHng At: .
. - --
Ofr 0600 0700 OSOO )0900 1000 1100 1200 1300 140011500 1600 1700 18~ 1900 2000
. ----
3 /0 It, 9 (;, 1 f if b 7 Lf II ./
lIB B /0 !:J
sa - - - - - - - -. - - - - - - -
tB r q~ 127 7(P fLf b3 55 (P/ 55 //Z., /of 97 !lIP {22- a.?
lIB Ii 65 /2(P Bt f~ '12 5/ f3 {,3 17 7/ 7'1 66 7.5' ~7
T '2& lZ0 Z&1 I~~ ~(p 1b1 110 1M IZ~ J% ISD /8/ tl3 iz? 157
Traffic Vo'umes Warrant
Points sha" be assigned in accordanc. with the following tabl.s:
Total of Major. Total of Mfnor
Approach Legs Approach Ltgs
..hoUT' Yo' ume Points 4-hoUl" Yolllllle Points
[0 - 1000 eM ~ ~:m flf f7.
1 001 ~ 1300
1301 - 1600 2 '&01- 100 2
1601 - 1900 . S . ID1 - 1000 J
nOl . 2200 - 4 . - 1001 - 1200 4 .
2201 - 2600 i 1201 - 1400 I
2601 . POO ... 1401 - 1600 , .
2901 - 3200 J 1601 - 1800 ' '7
3201 . 3500 . I '1801 - ZOOD 1
3501 - 3800 --, . fOOl - 2200 .
3801 - over - 0 2201 - OYer 10
SCORE: #. Points SCORE: ~ts
Mid IIlIB 5 . I?" /J ,"nl_ 10
.. . .-. - .. - ;(.:- .,... -- ------ -----
COUNClL POUCY
ClY OF anJlA VlSTA
~
AU.-VAY STOP
POUCY
NUJdllER
m:ECTlVE
DAm PAGE'
.ADOl'IEI>BY: Resolution 110. 16147
478-03 04-%3.'1
~
6 of t
-04-%3-'1
5. TWTIC YOLUME DIFTMNCE
All.way. stops operate best when the Njo'r Ind .inor street IPproach
traffic Y01UllleS are fturl1 Iqual. Points shaH be Issigned fn
accordance vfth the foHowfn; table:
24.Hour Minor St. A~~roach Y01UllleS lit,
Z.;-Hour I'\aJor St. Approach Volumes )( 100S · :<'1~7 ;; f,7!Points
'5 - 100 10
85 - '4 t
75 - 84 8
6~ - 74 7
55 - 64 ,
45 - 54 '. 5
35 - 44 4
25 - 34 3
15 - 24 .2
5 - 14 ~ .
n - 4 7". 7~ _
SCORE: :.,.L.. ;oints
MaxflllUlll 10 Points
CALTRAUS CRITERIA (Chapter 4 CalTrans Traffic Manual)'
Any . of the foHowfn; conditions 1111 warrant I .ultf-wl1 J1lI> Ifgn.
fnstallation: .'
1. .....ere trafffc Ifgnals Irt warranted.lnd IIT'ttnt11 ,,"dedi the .ultfWl1
.stop ~ be an fnterill _&sure that can .be fnstaHed quick11 to
control traffic while Irrangtllltnts Ire Ming _de for t:ht lignal
fnstallaUon.
2. . An Iccident FOblllll. II' fndicated .1..ff" or IIOrt "pOTted 'accfdtnts
witJIin I 12 IlOntJI ~riod .of I type susceptible to cor.rection ~ I
.ultiwa,y ltop fnstaHation.'. SUch accidents fnclude 1'fgtlt- Ind'
left-turn colUsfons IS .11 IS right-angle coHfsfons. _
#0 r-~f()rfe d ~c<-!.r/.~,,-ff ;j;/n -fo '1p.tl9'
o~. .._
,
Irr,//,
. .
c..- v
.
,.
CoUNCIL POllCY '
QTY OF anJlA VISTA
SUlIJ'ECI'
ALl-VAY STOP
roucy Efl'ECIlVB
..-- -- n...~
.:-;:'"
478-03 ~ 04-23-tl 7 of ,
J>A'IED: 04-23-91
AOOYIEDBY: Reso'utfonNo. 16'47
3. Minimum trafffc volumes
a.
The total vehicular YOlllllll entering the intersection from a"
approaches aust Iverapl It least 500 vehfcles per hour for a~
.8 hours of an lverage da.Y. and - . .
The combfned vehfcular ind pedestrian volUllle fr'Cllll the IIfnor
street or hfghw~ lUst average at least. 200 unfts per hour for
the same 8 hours. with. an average delay to _inor street
vehicular traffic of at hast 30 seconds per yehfc'e durfng
the IUxilllUlll hOll1". but-
No
b.
~o
.
c. When the 8S-percentfle approach speed of the lIIjor street
traffic exceeds 40 mfles per hour. the _f"iBUm vehicular
voll/llle warrant is 70 percent of the above requirtlllents.
,
'- .
~ /~''/?
rouNaL POllCY
aTY OF CHUlA VISI'A
SUBJECl'
AI.L-VAY STOP
J.DC)P'IEDBY: Reso1ution No. 16147
All-WAY STOP S\JW.RY
POUCY'
NUMBER
EFFECm'B
DATE PAGE
478-03 04-23-91 of 9
DA~ 04-23-91
ImFSECTION:LGl<ef"re~~~jwcoJ. ( ZZ 2-/ -(0)
.7'-' w")'
OAT! INVESTIGATION WAS COMP1.ETED:
TOTAl. SCORE: 3 lloints out of . llossib1e 64. The ainillUlD
required to just1fy an all-way stop control is 30 points.
......
R!COlotlEIlOATlOIlS:
~ cv-- a,. \.\ "-"':'"\ ~ \
~ ...., ~~ .,j("'
lA-~ -o~-r(>' ~
C>rul,- '-e...~ ~ \,\C
REMARKS:
".".
--
Lq/~.$~~"tt..
D....,'II~
6'
II
IZ' .
'-+' ,-
5~ ..-/2
- r'
GL
~ --<I~z I
SL
.
..-
Cr';Sscre~ R.....,(
,
. It?, It'
COUNCIL POllCY
. OTY OF CHlJLA VlSTA
SUBJECT ~UC'l ~.
.---
ALl-lO.Y STOP
478-03 - 04-23-91 g of g
AOOP1E:DBY: Resolution No. 16147 r>AmD: 04-23-91
.
CITY CF tHUL~ VISTA
ALl-lO.Y ST~ EVALUATION WORKSHEET
Intersection LakeS/11m::. f;;V;lcru../c.wpcol W4)" File' ;?2Z! - 0
Date 9'IISe
. I/'l4Jor. lI'l1nor J ' Invest'ga or n1~~
Qualifies for ~~StoP based on 30 or aore ~oints:
Yes No Points ~ ><
Qual1fles for A - ay Stop baseo on other criteria: Yes 110
If yes, explain:
~etcn Of 1ntersect1on wltn Vls1bl11ty data
On back Attached X .
1. Acc10enJ ~1stor~,,- fo1nts Possible
From / / to ~ /30 /9c-
Accidents/yr correctable by Stops X 2 pts/aceident p' 1'4
/
2. Unusual Conditions
IIcr;~c,,+..1 c."'....~
7-.;- 10
3. Pedestrian Volume /
Pedestrians 1-5"0 5
crossing the major street during 4 hour count .
4. Traffic Yo1~s (Pllt 4 Hours' %
M4jor approaches ~r;1 5
10 ,
Minor approaches 4&./ .
5. Traffic Yolu.e Difference 1{,7-% ~ 10 .
,
TOTAl .. 3 '54
,"ni_ Points Required 3D
~ IY'19
:-~0
CEULA VIS7A
,UN DATE: S-:S-S5
TF.AF?IC C01LIS:OK D27J.IL RE?ORT
~Ir~ ;J:AT:0~: at ~Ar~~~OF.~ DR
anc CREEI~OCD lAY
LOCA!:O~ CODE: 2221-
52A~C: DA7::5 f:~; Dl.Ol-Ei :0 [7.:1.;6
CC=~LI5IQK
VIe- 7::2 ?J:~T OF FF.:M COL.
H
('.....",....
v::!.!l.
i.::"".':..
::}L~"I5Im;
~:~~ L': :E'A~:
FAC7G?
ROAD IKV R/k' FEr, ---VEF.!CL:-u -DP.:\'.!~ED ASSO:
.EA ~:T S CON WI! C7~ A;r ~D. T? ~v DI? AGE SrI SiD' FACTO?
I~ ~-
;.~" .
D~.7E
[:A TIr.::
I~; ?A
:'::L. ~O:~.:IC:!:
"f' C'':',ft ~;:
~.... .. ...\.- oJ.
~~ A~CIJ~~;5 1:~:I~ TEE ~:?:~T:~G ?~~:0D
~ /Y',).-O
err OF oruu YlSTA. ytHlCU sn::tD stJ"i.\'EY
~"aXT l.ih?ER STIJDY L~, Q--rP 7) r,,/I' I r:"",,c t" ',y-yy--[ (( {J./ .;-_
DATE -/Df/hb SURVEYsm -~CO/ :D/~ "F/)Jk.k, rp.<rJJy"\:o
II
--",J I ,<;~o 9L"-.,, '\
~~'J./)
V
h.b, w SPEED .Y;
- .MJPMj
_M! START /;-:0 J..v/J'M ) nME END .3 :0(') \','UiHER r/pc;~
DmcnoN ()J.) .0 r ",) -I aJM
Wrl . N1.l MBER OF V!HJCJ..ES - lOTAL ~ ~
. . . .
6()
59
58
57
56
&5
S4
53
52
51
SO
(9
48
4Y
~ .
4.S
44
43 ./ / I /rY)
4.2 /' / / <:;9
U 0 0 9~
60 ./ ./ ;;L ;;L 98
39 7 rn iri .3 .." 9e,
3S / /' ,:;.. ,:;L 9-<:
37 7 r;:::;::: !?5 r;::;::; ~ "" 9/
36 /' [.7 i7 " " 9::J-
-7 35 ./ 1/ 1/ / / V / ""-)1 ( j .;.... ~ /2- /.:2 ?S'
~ ;/ 7' 7'1( II'": Ir"'" 0 9 -;'.:2
33 ./ ./ / ./ ./ 1/ ./ / 7 ;;;-: r-, I'? /3 ,::"
~ 7 /' f7 17 17 17 r;::; n /"' c; C? .9")
31 / 7' ~ r;;::=:: -;::::::; 1,.- n ;;;; = <//
):) ./ ./ 1,.--- il'": n Ir I~ ? 9 ,y
2!1 ./ ./ ./ /' r-> 1,.-, 7. If /6 '/0 2/..
2.8 7 r I ( ?; ~ .") /6
V ./ n r;::;::; /' "?' Y //
26 17 0 II' r , -,L" -;/ ::;J-
2,.; ? / / 3,
2. 7 ./ ? .;z ~
23
Z2
2J
-20
I~COF.DE.R: ~.....-. Of' Y>>C.IO,A
-
V J .._\..~__
_~ /i /3''',2/
OIU.\/~ jay.. .__ T:r.r;
. ' ""c;:n,H,HlJ;,L
;A1~ 00
<::E?T.1!. 1~~~
_AREA ;PLAT -I~,,2;2-
LAKESHORE DRIVE I CREEKWOOD WAY
c - re;z::-
EXHIBIt "vu
COUNCIL POllCY
aTY OF CHUl.A VISTA
SUJlJECI'
. All-WAY STOP
POUCY EfP2CIlVE
.---- nA-n:' ~._-
.ADOP1EDBY: Resolution No: 16147
478-03 04-23-91 1 of 9
~TEIk 04-23-91
'ACKGROlOOl .
The Ca1Trans Traffic Manual and the Manual on Un1fol"lll Traffic Control
Devices list criteria in detennining the need for an all-way stop.
Actual need for an all-way is detel"'lllfned by an engineering study which
examines the special characterfstics of the site. .
All-way stop signs are very ~strfctive controls sfnce they ~qufre all
Ilotorists entering the fntersection to stop at all t1l11es. When stop
signs are fnstalled for speed control andlor there is no apparent traffic
reason for the .stop (little or no cross traffic). .otorists. ~gard the
stop sign IS an unnecessary illpedilll!nt -and often tilles do t'lot uke a
complete stop. When this occurs the expectations of other drivers and
pedestrians are al teredo thereby jeopardizing the safe~ ~rfol"lll!nce of
the intersection. Although speedS will be lower in the vicini~ of the
stop, speeds will be higher midblock as IlOtor1sts try to ukeup for the
time lost at the unwarranted stop sign. Another negative aspect of
. unwarranted stop signs is the fncrease in noise and pollution as vehicles
apply their brakes to slow down and accelerate out of the intersection.
It is illlpr&ctical Ind impossible to install an all-way stop (or other
traffic control device such IS I traffic signal) whenever and wherever I
request is .lIIIde; otherwise during peak periods. extended delays to
lIIotorists Ilay result, thus forcing IIOtorfsts to seek Ilternate routes
through parallels streets, often a ~sfdentill . area. A Traffic
Engineer's prillllry goal is to aaintain safety Ind ~duce vehicle delay.
PURPOSE
The purpose of I fully justified. ~roperly installed al1-way stop is to
effectively Iss1gn right-of-way. ..intain safety and reduce vehicle
delay. Generally. all-way stops are installed where trlff1c signals are
warranted Ind/or an accident history has been indiclted by reported,
accidents of a type susceptible to correction by an all-way stop.
. .
POLICY STATEMENT
It shall be the policy of the CIty of Chula Vista. through the Department
of Public WorkslEngineering Division. to warrant the installation of
All-Way Stops in accordance with the fo11.owing poliCy statements:
. ~ /tf''';;';1
, COUNCIL POllCY
CTY OF anJlA VISTA
Sl1BJECI'
ALL-WAY STOP
POUCY
NUMBER
El'FECIIVE
DAm PAOB
AOOP1EDBY: Resolution No. 16147
478-03 _ 04-23-91 2 of 9
J)A~ 04-23-91
The California Vehicle Code. Section 21350 thru' 21355, gives the
authority to local agencies to install all~ stop traffic controls
upon streets in their respective jurisdiction.
According to Federal and State traffi~ control guidelines, a11-w1,)'
stop installations should be reserved for the control of vehicular
traffic conflicts at intersections and should, not be used as devices
to control speed.
"
The City's policy for the installation of an a11-w1,)' stop control is
based on a point system. Points are assigned to traffic factors
based on the severity of traffic conditions. Factors eeasured are:
1.
2.
3.
4.
5-.
accident records
unusual conditions
pedestrian volumes
traffic volumes
traffic volume differentials
,
~
~ ,/2''',2'1
COUNCIL POllCY
CTY OF.OiUl.A VISTA
SUBJECT
ALL-WAY STOP
POUCY' EFrECI1VE
ADOPTED BY:. Resolution No. 16147
478-03 04-23-91 3 of 9
I>~~ 04-23-91
tITY OF tHUl~ VISTA
ALl-~AY 510P CON1ROL WARRANTS
I NTERSECTI ON
Date:. Cf/Ii/9&
I '
. Total foints 7.
( ~G Z :ocr--
GENERAL:
A fully justified, properly installed all-way stop can effectively Issign
right of way. reduce vehicle delay, and decrease Iccidents. &enerally,
In all-way stop is reserved for the use It the intersection of two
through highways, and only as an interim trfffic control ~asure prior to
signalization. Stop signs are not to be used for speed control.
The posting of an intersection for all-way stop control should be based
on factual data. Warrants to be considered include:
1. Accident records
2. Unusual conditions
3. Traffic volumes
4. Traffic yolume difference
5. Pedestrian volume
Points are assigned to each of these warrants. The total points possible
are 54. The installation of an all-way stop control 1s justified with a
lIinimum of 30 points, unless an,y one of the talTrans criteria 1s _t.
All-WAY STOP POINT SYSTEM tRITERIA:
1. ACCIDENT WARRANT:
,
Two points are assigned for each accident susceptible to correction
by an all-way stop control during one full )'tar prior to the
1nvestigationdate. .7/;/95' -to (/30/'1 ~ .
Total IIlIlIII>er of accidents correctible byall-wly stop:
Maxillllll 14 points
.L
rt5 Points
SCORE:
/r- ,,2...5"
COUNCIL POllCY
CITY OF CHUlA VISTA
SUBJECI'
ALL-WAY STOP
POUCY
NUMBER
EF'FECIlVE
DATE PAGB
478-03
. 04-23-91
J)A1EIk 04-23-91
.
of 9
ADOP'lEDBY: Resolution No. 16147
2. UNUSUAl CONDITION WARRANT:
Where unusual conditions exist, such IS a school, fire station,
playground, horizontal or vertical curves, etc., points are assigned
on the basis of engineering judgment. Unusual conditions shall be
considered only if within 500. feet of .the subject intersection. In
resi dential nei ghborhoods where there is a concentrati on of school
age children activities separated from the residential neighborhood
by a collector street and coupled with other conditions, the C~ty
Traffic Engineer may apply traffic engineering judgment and wa ve
tile ;$U-polnt mlnimum point requirement to qualify the intersection
for an all-way stop control.
The 3D-point minimum requirement may be waived and an all-way stop
llIay be installed only if less restrictive controls have not
corrected a documented problem.
All-way stops llIay be justified based on projected
accident frequency when traffic signals are warranted
installed within a specified period of time.
Maximum 10 points )r's )/U;Z{)I11'Q/ Curve.. . SCORE:
volumes and
and will be
;2. Points
3. PEDESTRIAN VOLUMES
Consideration is given to large n!Jlllbers of pedestrians crossing the
major str~et during the four busiest hours of an average day.
Pedestrian Crossing Major Street, Total during 4 busiest traffic hours
YOlumeS':GJ-SO 51-100 101-150 151-200 201-DVER
Points: 1 2 3 .. 5
--
- ..-
MaxillUlD 5 points ~ SCORE: / Points
,
~. TRAFFIC VOllJolES
Points are dependent upon the ~gnitude of vehicular volumes entering
the intersection during the four busiest hours of an average day.
~ 13'~t
COVNaL POllCY
aIY OF anJlA VlSTA
Sl.mJECI' !5E...>~ Ef'!'EC'llVB
ALL-WAY STOP "...OE
4;8-03 04-23-91 5 of t
-
AOOF1EDBY: Resolution No. 16147 J)A'IEI>: -04-23~
Traffic Counts (cirele four highest hour yolumes):
.
Hour Ending At:
Dir 06000700 OBOO 0900 1000 "100 1200 1300 140015001650 1700(1800 1900 2000
~ . .
N8 - - - - - - - - - - - - - -
-
S8 21 57 82 '19 /7 )(P 33 30 32- ,-/5' 3'-1 tjZ 38 57 37
EB II 80 20/1 NV 53 fro 7/ /c5 97 lJ l /1/3 /2'1 ;57 153 ;~/
WB ),7 1& 261 9~ si 71 7f 88 /P7 /JB /71 /3? I~D /5Z @~
T 51 1/5 52,~ 191 12~ 150 /7f 7~3 23& 3o~ 35'~ 305 377 3iRl ZZ~
Traffic Volumes Warrant
Points shall be assigned in accordance ~th the following tables:
Total of Major Total elf Minor
Approach Legs Approach Ltgs
4-hour Volume Points 4-hour YolV111e Points
o ;; 1000 ~ foo - 400 2// 0)
1001 .. ;300 1
1.. 600 ,
n30l - 1600 1'1 Of? 2) . 601.. 800 Z
1601 .. ll/LIU -;, 801 .. 1000 3
liOl .. 2200 4 " 1001 .. 1200 4
2201 .. 2600 5 1201 - 1400 5
. . 2601 .. tiOO ~. . 1401 .. 1600 6
2901 .. 3200 3. 1601 .. 1800 . 7
3201 .. 3500 2 "801 .. 2000 8
3501 .. 3800 , 2001 .. 2200 t
3801 .. over 0 2201 .. elVer 10
SCOR!: :2 Points SCORE: -Ints
/ti'o';lJ ~
MaxilUlll 5 MinflUll 10
--. -...-
COUNCIL POUCY
C'IY OF aruIA VISTA
S1JEJECI' roucy EFFECI1VE
NUMBER DATE PAGE
ALL-VA Y STOP
478-03 DC-%3-:" 6 of t
.ADOJ"TEDBY: Resolution No. 16147 . I)A1ED:
DC-%3-91 .
-
.
5. TR.m'IC VOLUM! DIF'F!RrNCE
An-wa,y. stops operate best when the lII.1or and .inor street approaeh
traffie volumes are nearly .qual. Points shall be assfgned in
aceordance with the following table:
24-Hour Minor St. A~~roach Vol umes . 9"0'
Z4-Hour I'Iajor St. A roach Volumes X 10~ · :3765 =)S,6ZPoints -
95 - 100 10
85 - 94 t
7S - 84 8
65 - 74 7
55 - 64 Ii
4S - 54 5
35 - 44 4
cit: ~ /,g,t~ 1.7
1
0- 4 0
StORr: ?- Points
Maximum 10 Points
tALTRANS CRITERIA CCha~ter 4 CalTrans Traffie Manual)'
My . of the following conditions 811 warrant a l1li1 tf-w11 STOP sfgn
instillation:
1. Where traffie signa1l Ire warranted and ~ntly ""ded. the aJltfWI,Y
.stop ~ be In interill ..uure that can be install.d quieklt to
control traffie while arrangeeents are being ..de for the I gnal
instillation. ,
.
%. . An aeefdent ,robl..as indicated .bY..ff.. or ~rt ftpllrttd -accfdents
within a 12 IlOnth ~riod .of a .~ luseeptibl. to ccr:reetion by I
aJltiway stop installation.' Suc lecidents inelude right- Ind'.
11ft-turn col1fsillns IS well as right-angle collisions. .
- .
-- _.."
- .-
- -
- :~ I!"'-~
.'
. .
,
SUBJECI'
ALL-WAY STOP
COUNCIL POllCY
CTY OF anJIA VlSTA
roucy
EPf'ECIlVE
n.t."I"P l>An1=
ADOPnDBY: Resolutfon No. 16147
478-03. 04-23-91 7 of 9
I>~~ 04-23-91
3. Minimum traffic volumes
a.
NO
b.
No
r~
The total vehfcular volume entering the intersection from all
approaches must average at least 500 vehicles per hour for any
8 hours of an average d~. and
The combined vehicular ind pedestrfan volume fran the lIinor
street or high~~ lUst average at least 200 unfts per hour for
the same a hours. with an average delay to mfnor street
vehicular trafffc of at least 30 seconds per vehicle durfng
the maximum hour. but
c.
When the as-percentile approach speed of the llajor street
traffic exceeds 40 ~iles per hour. the IIfnimum vehicular
volume varrant is 70 percent of the above requi.rements.
,
. JV1' /t-':27'
COVNar. POllCY
CITY OF CHUlA VISTA
SUBJECr
ALL-WAY STOP
POUCY
NUMBER
478-03
ADOPlEDBY: Resolution No,"'6147
DATED:
ALL-WAY STOP StJIoKl.RY
IIIT!RSECTIoN:LI/.ke.shore f)~rl.fr".JSf( ~O ~ Z -00)
DATE INVESTIGATION WAS COMPl.ETEO: rj;sf~
re:q 6 I
s'
DmvE /2'
~~:-I2.r
If
EH'ECl1VE
DATE PAGE
04-23-91
of 9
04-23-91
The lIinimum
---
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~
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...
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....
...
~
.s" ~. ~.6~
~ t2-0- ztt! ~~ - T Vl"'~ ~
I~~ 4~
RECOMiENDATIoNS:
SI:!-.]f VL~_fW<~
I u.,-1dI~ If.--t
.;/~j .5ke~-C.
REMARKS:
/Ie re.ftfrfJ Qc-e-;d~+<-I-..5
,"
1/I/i7
+r/ 7f119C~
~ /i"'JP
,
COUNCIL POLlCY
. CITY OF 0IUlA VIS'l'A
SUBJECT POUCY ~.
AlL-WAY STOP ... 1>.\(:'1>
478-03 - I. 04-23-91 9 of 9
ADOP1EDBY: ~esolution No. 16147 DA'IED: 04-23-91
0
CITY OF CHULA VISTA
ALL-WAY STOP EVAl.UATION WORKSHEET
Intersection tQk5/"7r~ OrJ'V'€J/!lQr/~rA 5+r-ee+ file' 20(,2-0
Date W~'f~
. \/'IaJorl. I lnOrl Investl g 0 r>1:;rD
Qualifies for All-Way Stop based on 30 or more points:
Yes NO. Points 1 )(
Qual1f1es for - ay Stop based on other criteria: Yes No
If yes, explain: I
Sketch of 1ntersect1on w1th Vls1b111ty data
On back Attached X. .
1. Acc1dent H1story Po1nts Poss1ble
From 7 ~ I I 95' to ? I :;0 I 'IC- e
Accidents yr correctable by stops X 2 pts/accident
lie refc,..,ted ~c.c./oI?nf.r / ~4
2. Unusual Conditions
/lcr/z.",,-ft; / C-C/ r V'e-:5
Z 10
3. Pedestrian Volume I
Pedestrians f-SV 5
crossing the ~or street during 4 hour count
4. Traffic, YolW1es (Peak 4 Hours)
Major approaches l'foB 2- 5
Minor approaches -;;lll g 10 ,
S. Traffic Volu.e Difference /t.~g 2- 10 .
TOTAL o. 7 54
~ni.u. Points Required 30
~ /~;JI
- -----
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SEGME/'., UJo,.?ER S1UDY
PAn:Q/~~
crrr OF oroJ.A VISTA. . VEHlCU ~ WJ.VEY
J,>~~, C;~~~Z ~ F2i::/' T),,# ~
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tllRECnON r" u.) .0 Cc.V -/ QJ),!
MP"rl NUMBER OF Y!HlCl.ES . TOTAl ~ ~
. . . .
60
59 .
58
S7
56
55 -
~
53
52
51
SO
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48
(7 /' / / 1m
46 n n <10
45 0 n 99
44 n n 99
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S3 /' i/ r: n In r ( ::;. '7- "..-.>
32 ./ 1/ / ~ "'" ,I'<'
31 /' /' /' /' /' / ,n cJ r r~ I() . /2 /cz ""
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29 /' ./ n -.; "- II
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SECMEr-'T l1l'>?E:R STUDY
OA IT q w!-"%,
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rAJ.S/.o,,-, U/"IYP ~,L..? .-;...r:;r~/~"/ :6
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OIREcnON CuJ .0 ('Cu:) -/ an
MPH NUMBER OF VEHlCU:S . TOTAL Yo Yo
. . . .
60
59
58
57
56
55
S4
53
52
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so (") '" 99
(9 0 C> vI;
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40 1(' I / 9::;-
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36 / / / 0 -./ .u 89
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33 / ./ / J - r.. n c- " c.;;,
32 / / / 1/ ,..., v-, - ) II 1/ ,,~
31 V 1/ / V C)V' IC () In ~ II 1/ f~
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29 / / /' 7 / / ./ 0 /-" //J rl,/",
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, AREA, PLAT
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~s:l1" 100. /.' ". ..;..,
... . o. - -", , ;r, .J.f,
ESHORE DRIVE / HA.RTFORD STREET
T) -
_ -:::;5,
Safety Commission Minutes
August 8, 1996
" Page 2
81-118/1 V.E~
exit from the school parking lot and on EastJ Street south curb line as law permits into the school parking lot (Item
#11), and to create bus turnouts on East J Street (Item #13). The Commission supported the concept of a flashing
light on East J Street, (Item #6), but felt it would be too expensive to implement.
MS (Smith/Acton) set up four priorities in order as action should be taken. The priorities were:
1. To have the parking lot restriped immediately;
2. To install "No left Turn" signs on East J Street and parking lot exit to prohibit left turns into and out of the
school parking lot, as the law permits;
3. To move the school bus loading and unloading zone further west, adding footage from the parking lot as
permitted; and,
4. To entertain the addition of a new turnout area on the north side of the school, east of the existing parking
lot.
FRIENDLY AMENDMENT: (Liken) to have staff report back on effects of Items 1, 2, and 3 in December and if
they do not work then look at Alternative 13. Agreed to by maker of motion.
VOTE ON MOTION AS AMENDED: Approved &-0-0-1 with Vice Chair Miller abstaining due to conflict of
interest.
Chair Liken asked Dr. Madison to send letters to the parents on the Safety Commission decision.
6. Reoort on Traffic Concerns at Bonita Vista Middle School and Bonita Vista Hi2h School
Frarik Rivera presented staff's report.
Tom Silva, Sweetwater Union High School District, 1130 Fifth Avenue, Chula Vista, CA 91911, Director of
Planning, said the District was in favor of staff's recommendation with one exception. The District was not in
favor of flashing beacons in a future CIP. He did not recommend a split phasing to the traffic signal timing
because he felt it would cause additional delays.
Chair Liken said he did not agree with the need for flashing beacons and that he wanted to see how the larger
speed limit signs worked out. He wanted to start out with the less expensive items. If the changes that were
made were not satisfactory, the District could come back to the Commission with other ideas. He wanted to see
police enforcement of the signs.
Commissioner Cochrane was in favor of solar powered flashing beacons and suggested they be included in the
CIP .budget.
Conimissioner Smith felt flashing beacons were not a good idea. He felt there were more pressing issues that
needed to be covered by the CIP.
MSl:JC (Miller/Hoke) to accept staff's report on Traffic Concerns at Bonita Vista Middle School and Bonita Vista
High School.
, .
7. Reoort on AII-Wav Stoo Re(]uest at Clearbrook Drive and lakeshore Drive
!
Frank Rivera presented staff's report.
i
Geoffrey Clemmons, 1948 Clearbrook Drive, Chula Vista, CA 91913, said that motorists did not slow down on
lakeshore Drive. Vehicles on lakeshore Drive seemed to have less visibility. He agreed to the installation of
an all-way stop at Creekwood Drive rather than Clearbrook Drive. He believed there was community support
for the all-way stop at Creekwood Drive.
/3" J ~N~AL Fltiifo:UTES
Safety Commission Minutes
August 8, 1996
Page 3
(
David Villegas, 1936 Clearbrook Drive, Chula Vista, CA 91913, said that every new development had growing
pains. Eastlake I had speeding problems. He asked why there were only two crosswalks on lakeshore Drive.
He had been involved in near misses because of vehicular speed. '
Chair Liken said there were only two crosswalks because there were two all-way stop locations. Crosswalks were
installed in conjunction with all-way stops. If crosswalks were installed at uncontrolled intersections, it co~ld
give pedestrians an illusion of safety. . .
Commissioner Smith asked if the streets were dedicated or private.
Frank Rivera answered that Eastlake Shore Terrace and the streets inside the lakeshore Drive loop were private.
lakeshore Drive and the streets outside the loop were dedicated. i
Commissioner Smith asked if there was a Homeowners Association and asked if the CC&R's would allow fines
on speeders.
Mr. Clemmons said there was a Homeowners Association, but that it could not enforce speeding or get involved
in speed issues.
Frank Rivera commented that East/ake I had an office at the clubhouse and it published a monthly newsletter with
general information. He felt an article about speeding could be put in the newsletter.
Mr. Clemmons commented that most of the residents in Eastlake I community are renters and putting something
in the newsletter was not a long term solution. An all-way stop would be a long term solution.
Mr. Villegas said the Homeowners Association was aware of the speeding issues. The Homeowners Association
wanted to install speed humps on lakeshore Drive, but it did not meet standards for speed humps.
Commissioner Cochrane spoke in favor of the all-way stop. He had witnessed vehicular speeds and would like
the installation of an all-way stop at Creekwood Drive and lakeshore Drive on a trial basis.
Chair Liken informed the public about all-way stop guidelines. He mentioned that the Commission looked at
special circumstances. Statistics showed that cars tended to speed up in between stop signs. He entered into the
record that he received 13 postcards in support of the all-way stop. Twelve postcards were received from area
residents, and one from a resident of Eastlake Hillside. He asked if the 'SMART' unit has been set up on
lakeshore Drive.
Sgt. d'Ablaing said the machine was in for repairs.
Chair Liken said although the roadway did not meet the all-way stop criteria, the Commission looked at special
circumstances..and said he would like staff to monitor the area. He asked staff to conduct a radar survey.
Commissioner Cochrane asked if an all-way stop was ultimately planned by the City, why it could not be
installed immediately.
Frank Rivera commented that if staff was given a choice for the location of an all-way stop, the preference would
be Creekwood Drive.
r
Chair Liken suggested tabling the item until September when it could be brought back with a study on Hartford
Street and a current radar study.
Commissioner Smith commented on the traffic counts and how the vast amount of speeding was done on or after
7pm and felt it was possible that lakeshore Drive was being used as a race track.
Ii>''' .3)
UN2t:~!CIAL MINUTES
Safety Commission Minutes
August 8, 1996
"
Page 4
Mr. Villegas commented that with the development of Eastlake Greens, motorists were filtering through the
community which created more traffic.
MSUC (Smith/Acton) to deny an all-way stop at Lakeshore Drive and Clearbrook Drive and that staff bring back
an all-way stop study and speed survey in September on Creekwood Drive and Hartford Drive.
Frank Rivera suggested hoiding off the report until October so that staff would have more time to conduct all the
,
nec~ssary studies while school is in session.
The Commission by consensus agreed to postpone the report until October.
8. Oral Communications - None.
STAFF REPORTS
9. Action SummarY UDdate/Staff Comments
. 'Request for all-way stop at Second Avenue & Oxford Street and East Paisley Street & Monserate Avenue.
Frank Rivera indicated that staff was working on a report and would present it at the October meeting.
. Request for speed humps in vicinity of 600 block of Garrell Avenue.
,
Frank Rivera indicated that a leller was prepared and delivery allemped to the resident. The home was found
vacaht and with a 'For Sale' sign in the yard.
j
Chai'r Liken asked staff to contact Mayor Horton to see how to proceed on the request.
,
10. Traffic Accident Summarv Mav & June 1996 - Distributed for Commission information.
11. Informational ReDort - Proposed Rancho del Rey Middle School at East J Street and Paseo Ranchero.
>
"
. Presentation by Mr. Tom Silva, Director of Planning, Sweetwater Union High School District.
Tom Silva presented a report on the Rancho del Rey Middle School. The school is expected to open in July 1998.
He wanted to work closely with City staff and the Commission to avoid any traffic issues that could arise.
OTHER BUSINESS
12. j::y 1996-97 Elections
MSUC (BierdlHoke) to keep present officers of John Liken as Chair and Cindy Miller as Vice Chair.
13. Commissioner Comments:
,j
~.
"
. ,! John Liken - Annual schedule of meetings.
I
Chair Liken asked why the July meeting was cancelled.
j 1.
,
UNOFFICIAL MINUTES
/t?'JY ~
MINUTES OF A REGULAR MEETING
OF THE CHULA VISTA SAFETY COMMISSION
Thursday, October 10, 1996
7:00 p.m.
Counci I Chambers
Public Services Building
CAll TO ORDER
1. Roll Call:
Present:
Chair Liken, Vice Chair Miller, Commissioners: Acton, Bierd, Cochrane, and Smith
Absent:
Commissioner Hoke
Also present:
Bill Ullrich, Senior Civil Engineer; Mike Donnelly, Asst Engineer II; Sgt. Gene d'Ablaing; and
Diana Vargas, Recording Secretary
2. Pledee of Alleeiance/Silent Praver
3. ODenine Statement - Read by Chair Liken
4. ADDroval of Minutes: August 8, 1996
MSC (Acton/Smith) to approve the minutes of August 8, 1996 as presented. Approved 6-0-1 with Commissioner
Hoke absent.
MEETING AGENDA
S. ReDort on AII-Wav StOD Reouest at lakeshore Drive at C1earbrook Drive.
Backeround: The Commission directed staff at the August 8,1996 meeting, to prepare a follow-up report on this
item, and requested that an updated speed survey be conducted at this intersection. Staff requested that the speed
survey be delayed until after the schools were in session in order to acquire a more accurate survey of the traffic
and speed conditions at that intersection.
Bill Ullrich presented staff's follow-up report and indicated there were no changes to the previous report. He
further indicated that the updated speed survey showed no difference in the 85th percentile speed of 40 MPH,
which exceeds the posted speed limit of 30 MPH.
In addition, the warrant evaluation conducted at this intersection assessed a total of 9 points out of a possible 54
points. According to Council's policy on the installation of an all-way stop, a minimum of 30 points are required
to justify the in~tallation.
Staff Recommendation: Mr. Ullrich indicated that utilizing established guidelines, the outcome failed to
demonstrate the need for the installation of an all-way stop at this location and therefore, staff recommends denial
of the request.
Public Hearine: Chair Liken opened up the Public Hearing and indicated there were five request slips to speak.
Geoffrey Clemmons, 1948 C1earbrook Drive, Chula Vista 91913, indicated he contested the sight
distances that were noted by staff during the slide presentation, and indicated the speed at which
UNOFFICIAL MINUTES
,E i~ /i'-J'l
Safety Commission Minutes
October 10, 1996
Page 2
offenders are driving, cuts down on the reaction time. He further stated that although he would like to
see the all-way stop installed at Clearbrook Drive, he supported staff's recommendation that perhaps the
better alternative site would be at Creekwood Way because of the proposed connection of Creekwood
Way to Chateau Court when the adjacent Telegraph Canyon Estates development is completed. He
encouraged the Commission to continue to look into creative ways that could slow down the speed of
cars traveling on the southwest side of the loop.
Armando Montes Jr., 1975 Clearbrook Drive, Chula Vista 91913, stated he lives on the corner lot of this
intersection and he personally witnesses speeding cars. He further stated that because he will not
jeopardize the safety of his family, he has had to place his home on the market to prevent a tragedy from
occurring and have a car end up in his front living room.
Ruben Padilla, 801 Woodspring Drive, Chula Vista 91913, stated that on June 14, 1995 at 7:35 p.m.
he had a car fly into his back yard and ended up approximately S feet from his kitchen. Fortunately, his
four children were inside the house, and a greater tragedy did not occur. Mr. Padilla stated that because
of the angle the photos were taken, he did not believe they represent a true picture of the sight distance.
Joseph Dombrowski, 1967 Clearbrook Drive, Chula Vista 91913, stated that he and his 6 and 8 year
old sons frequently cross that intersection on their way to visit a family member that lives inside the loop.
There is no pedestrian crosswalk and there is poor visibility on Lakeshore Drive when they are coming
back home. There have been times when his children will wait up to 10 minutes trying to cross
Lakeshore Drive, due to poor visibility and speeding cars.
Ken Comardo, 1966 Clearbrook Drive, Chula Vista 91913, stated that in his opinion there is a blind spot
created by the curve on the Lakeshore Drive where you don't see the car coming for the last 100 feet
before reaching C1earbrook Drive. He felt that the photos were not a true representation of the sight
distance motorists have when they are at the intersection.
Public Hearing Closed.
Commission Discussion:
Commissioner Acton questioned whether the Commission has discussed the feasibility of installing speed bumps
at the last hearing.
Chair Liken indicated that due to the collector street and it posted over 25 MPH, it did not meet the criteria stated
in the speed bump policy.
Commissioner Cochrane expressed his concern over the safety of this area and indicated he has personally
witnessed the speeding cars because he and his wife regularly walk through this neighborhood. Commissioner
Cochrane stated that if the 85th percentile is traveling 10 miles in excess of the posted speed limit, that means
that the remaining 15 percent are traveling at speeds that far exceed the posted speed limit. He indicated that
he believes an all-way stop sign at this intersection is warranted.
Commissioner Miller indicated that she empathized with the residents and felt that perhaps the Commission could
review this item with the next item on the agenda, and somehow come to a consensus on where to recommend
the installation of an all-way stop.
Bill Ullrich indicated that the photos are taken from an angle that closest represents the motorists' view.
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Chair liken indicated that the Commission does make an effort to visit these sites prior to them being discussed
at the meetings, and they do drive in and out of the different approaches to get a well-rounded perspective. He
further indicated that speed in this area is a concern to the Commission as a whole, and asked staff what measures
could be implemented to control speed.
Bill Ullrich indicated that there could be stricter enforcement of the speed limit.
Chair liken stated that, although he is concerned about the speeding cars, he would not support the all-way stop
at the C1earbrook Drive intersection, but rather, at the next intersection, which is Creekwood Way and Lakeshore
Drive. He further indicated that it would be at this location that the all-way stop could be warranted at a future
date with the impact the adjacent development will have when it is completed.
Bill Ullrich indicated that staff could reevaluate the installation of an all-way stop at the Creekwood Way and
Lakeshore Drive intersection at a later date, after the connection to Chateau Court and the completion of the
development.
MSC(Miller/Bierd) to approve staff's recommendation to deny the installation of an all-way stop at Lakeshore
Drive and Clearbrook Drive. Approved 4-2-1 with Commissioners Smith and Cochrane voting nO,and
Commissioner Hoke absent.
6. Reoor! on AII-Wav Stoo reouest at Creekwood Wav and Lakeshore Drive
Back2round: The Commission directed staff at the August 8, 1996 meeting to prepare a study on this item as an
alternative location to a request to install an all-way stop at the Clearbrook Drive and Lakeshore Drive
intersection. Staff requested that the study be delayed until after the schools were in session in order to acquire
a more accurate survey of the traffic and speed conditions at that intersection.
Bill Ullrich reported that staff conducted the study utUizing the same evaluation methodology as the other
intersection and it did not receive enough points to warrant the installation of an all-way stop at this time.
Staff Recommendation: That the Commission deny the request for the installation of an all-way stop at the
Creekwood Way and Lakeshore Drive intersection, and that staff be directed to re-evaluate it when the Telegraph
Canyon Estates are completed.
Public Hearin2: Chair liken open the Public Hearing and indicated that there were two request slips to speak.
Ken Comardo, 1966 Clearbrook Drive, Chula Vista 91913, stated that he did not support the stop sign
at this location. He urged the Commission to stop looking at a point system policy, and make their
determi(lation on a case by case basis based on merit and safety.
Armando Montes Jr., 1975 C1earbrook Drive, Chula Vista 91913, stated he too did not support the stop
sign at this location and urged the Commission not to wait to reevaluate this item until the completion
of a future development that may not take place.
Public Hearin2 Closed.
Commission Discussion: Commissioner Bierd asked staff if there was a time frame of when to expect the
completion of this project.
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Bill Ullrich indicated that Baldwin Builders was going through bankruptcy court, and they had received
authorization from the court to move forward and complete the existing homes that had been partially framed.
He further stated that it was his understanding that the work would commence as soon as possible, however, it
was uncertain if the courts were going to allow them enough funds to complete it. In addition, Mr. Ullrich
informed the Commission that it was uncertain if they were going to be able to complete the additional phases
of the project where construction of homes had not yet begun.
Commissioner Acton stated that she supported the Commission taking measures that would mitigate the existing
needs, addressing the residents' concerns, and not wait until the the conditions are exacerbated by possible future
development.
Commissioner Cochrane stated that he supported Commissioner Acton's previous comment and felt that the City
needed to be able to offer some kind of relief to these residents and alleviate the speeding problem at this
location.
Comm issioner Acton questioned the appropriateness of discussing these two item together, rather than as wo
unrelated items.
Commissioner Smith indicated that he remembered discussing this issue at a previous workshop, and that the
Commission had agreed that they needed to take the items as listed on the agenda, and that if it was their desire
to revisit or combine items, staff could be directed to do so and bring it back at a future meeting.
Commissioner Smith offered his reasoning for voting against staff's recommendation in the previous item.. It is
his opinion that a stop sign is needed at both intersections, because by cutting down on the distance between stop
signs that are fairly separated, motorists tend to modify their behavior and slow down because they know that
another stop sign is coming up.
Chair liken stated that he disagreed with the previous comment, and stated that in his opinion placing too many
stop signs that are too close together, tends to make the drivers roll through the stop sign, which gives the other
motorists a false sense of security. Similarly, putting crosswalks where you don't have an intersection, then
people feel that as soon as they step into the crosswalk they have the right-of-way, which is a false sense of
security for those pedestrian.
Commissioner Miller stated that she agreed with Chair liken's comment, and felt that this is the intersection that
makes sense because of the future development, although it may not be in the immediate future, and did not
agree with staff's recommendation to deny the stop sign at this location.
MSC (Miller/Acton) that the Commission not approve staff's recommendation to deny the stop sign and that
the Commission request that an all-way stop sign be placed at Creekwood Way and Lakeshore Drive. Approved
6-0-1 with COrT\lTlissioner Hoke absent.
7. Reoort on AII-Wav Stoo Evaluation on lakeshore Drive at Hartford Street.
Back2round: The Commission directed staff at the August B, 1996 meeting to study the installation of an all-way
stop at the intersection of lakeshore Drive and Hartford Street as part of the Commission's review of stop control
needs on lakeshore Drive.
Staff conducted the study and the intersection received a total of 7 points out of a possible 54 points. A minimum
of 30 points are required to justify the installation of an all-way stop.
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Staff Recommendation: That the Commission deny the installation of an all-way stop at Lakeshore Drive and
Hartford Street.
Public Hearin~: Chair Liken indicated there were no request slips to speak on this item.
Commission Discussion: Chair Liken stated he had requested the review of an all-way stop at this location
because if an all-way stop was installed at one end of the loop, then it would be a matter of time before the
residents on the other side would be requesting the installation of a stop sign at their end of the loop. If a stop
were to be installed at the south end of the loop, the tendency would be for motorists to take the alternate loop
where there are no stops and would also encourage speeding at the north side of the loop.
Commissioner Cochrane supported Chair Liken's comments and recommended a all-way stop be installed at
Hartford Street and the other at Clearbrook Drive to balance out the loop. .
Commissioner Miller asked staff if there were any 'Children Playing' signs posted where there are parks. If not,
could the homeowners association place one?
Mr. Ullrich indicated that there were no 'Children Playing' signs because they cannot be placed in the public
right-of-way, and would be a zoning violation to place them in private property.
MSC (Liken/Smith) that an all-way stop be installed at Hartford Street and Lakeshore Drive. Approved 6-0-1
with Commission Hoke absent.
8. Reoor! on all-wav stoo reouest at Oxford and Second Avenue.
Back~round: In July 1996, staff received a petition to consider installation of an all-way stop at this intersection.
The request cited the need because of the high speed of vehicles traveling east-west on Oxford Street and the lack
of traffic control devices on Oxford Street between Third Avenue and Hilltop Drive.
Staff conducted a study and this intersection received a total of 14 points out of a possible 54. A minimum of 30
points is required unless there are overriding considerations such as a high accident rate history of the type of
accident susceptible to correction by an all-way stop installation. During the period 4/1/94 to 3/31/95, there were
five accidents susceptible to correction by an all-way stop, and therefore, meets the Caltrans criteria contained
within Council policy to warrant the installation of the all-way stop.
Staff Recommendation: That the Safety Commission accept staff's report and recommend the installation of an
all-way stop at this location.
Public Hearin~: !=hair Liken opened up the Public Hearing and indicated there was one request slip to speak.
Donna Saar, 221 Oxford Street, Chula Vista, stated that ten years ago she spoke before the Safety
Commission on this same matter and the request was denied. She has personally witnessed many
accidents at this intersection, most recently involving one of her students in the Teen Mother Program
who was 4 months pregnant. The safety of this intersection is of great concern to the residents of that
area.
Public Hearin~ Closed:
Commission Discussion: Commissioner Miller thanked staff for their support and recommendation for approval
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SWEETWATER UNION HIGH SCHOOL DISTRICT
Office of the Superintendent. 1130 Fifth Ave. . Chula Vista, CA 91911
(619) 691-5555 . FAX (619) 426-2252
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October 21, 1996
The Honorable Shirley Horton
Mayor, City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton:
Because we were unable to schedule a Joint City Council/School Board
meeting in the near future, I am attaching a sample resolution that is being
used by both the City of National City and the City of Imperial Beach in
support of the Sweetwater Union High School District's March 4, 1997,
bond issue.
The Sweetwater Union High School District would sincerely appreciate it if
you would calendar a similar resolution for action in support of our effort.
Sincerely,
Edward Brand, Ed.D.
Superintendent
EB:mr
cJ.(JJc- ' J
RESOLUTION NO. /?' 5i /
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DEFINING THE BASIS FOR SCHOOL
FACILITIES IMPROVEMENT DISTRICT NO. 1 AND
IDENTIFYING THE DOLLARS ASSIGNED IN THE
GENERAL OBLIGATION BOND ELECTION
WHEREAS, the
("District") has school
continuous use; and
Sweetwater Union High School District
facilities exceeding more than 30 years of
WHEREAS, the State of California has defined that it is
in the District's best interest to rehabilitate/reconstruct
buildings that have reached 30 years or older; and
WHEREAS, the District has schools 30 hears and older
within the City of Chula Vista; and
WHEREAS, the Sweetwater Union High School District Board
of Trustees ("Board"), in establishing School facilities
Improvement District no. 1, assigned dollars to each site:
Bonita vista Middle School
Castle Park Middle School
Chula vista Junior High School
Hilltop Middle School
Montgomery Middle School
Bonita vista High School
Castle Park High School
Chula vista High School
Eastlake High School
Hilltop High School
Montgomery High School
Palomar High School
$ 9,437,254
9,343,558
12,634,352
9,728,666
830,000
9,727,133
11,171,488
21,632,747
120,000
13,675,170
1,120,000
294,000
WHEREAS, the Board has
general obligation bond issue
communities involve themselves
rehabilitation/reconstructions of
requested upon passage of
that students, parents,
in the programming for
schools.
the
and
the
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby support the Sweetwater Union High
School District's effort to rebuild its 30 years and older schools.
Presented by
Approved as to form by
Shirley Horton, Mayor
C:\rs\school.30
~
M. Kaheny, City
c2tJe--2
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December 5, 1996
SUBJECT:
The Honorable Mayor and City, ~ouncil / r L
John D. Goss, City Manage~Y' 03 ~)1
City Council Meeting of December 10, 1996
TO:
FROM:
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, December 10, 1996. Comments regarding the Written Communications are as follows:
6a. This is a letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on November 26, there were no reportable
actions which are required to be reported under the Brown Act.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
6b,c,
& d IT IS RECOMMENDED THAT THE RESIGNATIONS OF PATTY DAVIS AND
BRENE E. PATRICK FROM THE ECONOMIC DEVELOPMENT COMMISSION,
TYRON E. MESERVY FROM THE YOUTH COMMISSION, AND MELODY
CERNITZ FROM THE CULTURAL ARTS COMMISSION BE ACCEPTED WITH
REGRET AND POSTED IMMEDIATELY ACCORDING TO THE MADDY ACT IN
THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
JDG:mab