HomeMy WebLinkAboutAgenda Packet 1996/10/01
Tuesday, October 1, 1996
4:00 p.m.
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DATED. ~~/5/ SIGNED 0/ ~~ .
Re1!Ular Meetin~ of the City of Chula Vista City Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Aleyy _, Moot _, Padilla _, Rindone _' and
Mayor Horton _"
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Special presentAtion to the Mayor and City Council by Jim Fergus of the Chula VistA Downtown
Business Association.
"'''''''''''''
Effective April I, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
"''''**'''
CONSENT CALENDAR
(Items 5 through 9)
The staff recommenrlations regarding the following items listed under the Consent Calenrlar 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" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommenrlation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the Acting City Attorney stating that there were no reportable actions taken in
Closed Session on 9/24/96. It is recommended that the letter be received and filed.
b. Resignation from the Human Relations Commission - Elsie Hashimoto. 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.
Agenda
-2-
October 1, 1996
6. RESOLUTION 18442 APPROVING AGREEMENT WITH THE CITY OF CmCAGO,
ADMINISTRATORS FOR A PUBLIC TECHNOLOGIES
INCORPORATED GRANT, FOR SERVICES RELATED TO
TELECENTER RESEARCH AND OPERATIONS, ACCEPTING AND
APPROPRIATING $25,000 TO THE ENERGY CONSERVATION FUND
TELECENTER BUDGET AND HIRING AN INTERN ill - In pursuit of
additional funding to help offset general Telecenter operations and services
costs, staff applied for a grant from Public Technology, Inc. (PTI) in the spring
of 1996. PTI is a non-profit organization which operates as the "research and
development" division of the National League of Cities. It represents and
promotes progressive and entrepreneurial city and county government operations
in the United States. Chula Vista was one of nineteen local agencies that
received funding from PTI. The City of Chicago entered into a cooperative
agreement with the U.S. Department of Energy to administer the Grants for
PTI. Staff recommends approval of the resolution. (Environmental Resource
Manager) 4/5th's vote required.
7. RESOLUTION 18443 ACCEPTING CALIFORNIA DEPARTMENT OF EDUCATION ADULT
BASIC EDUCATION SECTION 321 GRANT FUNDS A WARDED TO THE
CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND
AMENDING FlSCAL YEAR 1996/97 BUDGET TO INCLUDE A .18 FULL
TIME EQUIVALENT POSITION - On 6/11/96, Council ratified the Library's
application for Adult Basic Education, Section 321 grant funds to be awarded
over a two-year period, FY 1996/97 and FY 1997/98. First year grant funds,
in the amount of $5,840, have been awarded to the Library and will be used to
conduct learner needs assessments and progress evaluations and to provide
additional hours of supervision and training in the Literacy Center computer
learning lab. Staff recommends approval of the resolution. (Library Director)
4/5th's vote required,
8. RESOLUTION 18444 RATIFYING THE LffiRARY'S APPLICATION FOR CALIFORNIA
STATE LffiRARY LITERACY PROGRAM TRANSITION GRANT
FUNDS, ACCEPTING THE GRANT AWARD, APPROPRIATING
FUNDS, AND AMENDING THE FlSCAL YEAR 1996/97 BUDGET TO
INCLUDE .85 POSITIONS - Due to the elimination of U.S. Department of
Education, Title VI Library Literacy Grant funds from the 1996/97 federal
budget, the California State Library is offering a one-time transition grant
opportunity to programs who have received federal grants in FY 1995196.
These funds are intended to allow literacy programs to continue the work begun
under Title VI while affording them time to secure future alternative funding
sources. Chula Vista will use these funds to continue a model program begun
in 1994 to identify and aid adult learners with language-based learning
disabilities, commonly referred to as dyslexia. Staff recommends approval of
The resolution. (Library Director) 4/5th's vote required.
9. RESOLUTION 18445 APPROVING CLOSURE OF THIRD A VENUE FROM "E" TO "G"
STREETS FOR THE THIRD A VENUE FESTIVAL ON OCTOBER 6,
1996, W AIVING SIDEWALK SALES ORDINANCE, AND WAIVING
BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS
ASSOCIATION AND VENDORS PARTICIPATING IN EVENT - The
Chula Vista Downtown Business Association is requesting permission to close
Third Avenue between "E" and "G" Street in order to conduct the Third Avenue
Festival on Sunday, 10/6/96, from 5:00 a.m. to 8:00 p.m. This will be the
sixth annual festival. The festivities for this event will include live
entertainment along with approximately 100 arts, crafts, and food booths. Staff
recommends approval of the resolution. (Director of Community Development)
· · · END OF CONSENT CALENDAR. . .
Agenda
-3-
October 1, 1996
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. [fyou wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting. (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.
10.
PUBLIC HEARING
ORDINANCE 2690
11.
PUBLIC HEARING
ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT BALDWIN BUILDERS - The purpose of this item is to
present a development agreement with Baldwin Builders. On 6/25/96, the
Planning Commission and Council considered a series of development
agreements with Village Properties, United Enterprises, Greg Smith, and the
Foundation. (The Foundation agreement was subsequently split into three
separate agreements.) The remaining party who is a property owner of a
portion of the Otay Ranch property is Baldwin Builders, which is the trustee for
the bankruptcy. Staff recommends Council place the Ordinance on first reading.
(Deputy City Manager) Continued from the meeting of 9/24/96.
ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
BALDWIN BUILDERS (first readin~)
NOTICE USE OF COPS FUNDING PER AB 3229 - CITIZENS OPTION
FOR PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES
During the 1996/97 budget process, Council authorized the Police Department
to pursue funding for Community Oriented Policing projects. The State budget
was adopted appropriating $356,408 to the City as a result of Assembly Bill
3229, Brulte. This bill allocates State money to the local agency for purposes
of the Citizens Option for Public Safety COPS Program. Staff recommends
approval of the resolution. (Chief of Police)
RESOLUTION 18446 ACCEPTING $356,408 FOR LOCAL LAW ENFORCEMENT FROM THE
STATE BUDGET TO PAY FOR POLICE PERSONNEL AND RELATED
EQUIPMENT TO BE IDENTIFIED
12.
PUBLIC HEARING
REGARDING EXISTING AND PROPOSED RATES AND CHARGES FOR
COX COMMUNICATIONS' BASIC SERVICE TIER AND ASSOCIATED
EQUIPMENT AND CABLE PROGRAMMING SERVICES TIER, AS
SUBMITTED BY COX COMMUNICATIONS TO THE CITY VIA
FEDERAL COMMUNICATION COMMISSION (FCC) FORMS 1235, 1240
AND 1205 - In May 1996, Cox Communications instituted a $3.79 increase in
its Cable Programming Services tier. This charge is subject to FCC regulation,
thus any complaints must be filed with the FCC. At the same time, Cox
proposed to raise its Maximum Permitted Rates for the Basic Service Tier,
which is subject to City regulation. Both of these changes were based on costs
to upgrade Cox's infrastructure. Further cost-based increases in Maximum
Permitted Rates were requested in July, along with decreases in the rates for
associated equipment/installations. Staff recommends approval of the resolution.
(Principal Management Assistant Young)
RESOLUTION 18447 DISAPPROVING UPGRADE-RELATED INCREASES IN MAXIMUM
PERMITTED RATES FOR THE BASIC SERVICE TIER; DIRECTING
STAFF TO FILE A COMPLAINT WITH THE FCC ON BEHALF OF
LOCAL SUBSCRIBERS REGARDING UPGRADE-RELATED
INCREASES IN THE CABLE PROGRAMMING SERVICE TIER RATES;
APPROVING PROPOSED COST-BASED RATE DECREASES FOR
ASSOCIATED EQUIPMENT; AND APPROVING PROPOSED COST-
BASED INCREASES IN THE MAXIMUM PERMITTED RATES FOR
THE BASIC SERVICE TIER
Agenda
-4-
October I, 1996
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City 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
Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the altemative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
13. RESOLUTION 18439 WAIVING IMMATERIAL DEFECTS, ACCEPTING BIDS AND
AWARDING CONTRACT FOR "PARKING LOT IMPROVEMENTS FOR
EUCALYPTUS PARK (PR-211)" - On 9/4/96, bids were received. Tbe
general scope of the project includes improving the parking lot adjacent to the
American Legion's building at Eucalyptus Park. Tbe work includes, traffic
control, removal of alligatored pavement areas and replacement with asphalt
concrete pavement, AC leveling courses, P.C.C. pad for trash receptacle,
P.C.C. drainage swale, asphalt concrete berm, drainage ditch, splash wan,
crushed aggregate base, and other miscellaneous items of work as shown on the
plans. Staff recommends approval of the resolution awarding the contract to
MJC Construction - Chula Vista. (Director of Public Works) Continued from
the meeting of 9/24/96.
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
14. CITY MANAGER'S REPORTtS)
a. Scheduling of meetings.
15. MAYOR'S REPORTtS)
a. Ratification of appointment to the Resource Conservation Commission _ Bob McAlister.
b. Setting a future Council workshop on permit streamlining/business responsiveness/standards of
service. Continued from the meeting of 9/24/96.
Agenda
-5-
October I, 1996
16. COUNCIL COMMENTS
Councilmember Rindone
a. Assignment of Department Oversight within the City Manager's Office as of 10/1196.
Council member Alevv
b. Report on relocation of Minor Leagne Baseball Club to Chula Vista.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on October 8, 1996
at 6:00 p.m. in the City Council Chambers.
A Regular Meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
*****
CLOSED SESSION
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 pennitted 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 protectthe
interests of the City. The Council is required by law to return to open session, issue any reports oj 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 wiU be tenninated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment wiU not be videotaped. Nevertheless, the report
of final action taken wiU be recorded in the minutes which wiU be available in the City Clerk's Office.
17. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
· Christopher vs. the City of Chula Vista.
· SNMB, L.P. vs. the City of Chula Vista and MCA.
2, Anticipated litigation pursuant to Government Code Section 54956.9
. Metro sewer issues.
PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957.
PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957.
. City Attorney
Agenda
-6-
October 1, 1996
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.
18. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
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01Y OF
0tlJIA VISTA
MFMOR A NDITM
September 25, 1996
TO
The Honorable Mayor and City Council J\ ~
John D. Goss, City Manager~ ~ ~ \
City Council Meeting of October 1, 1996
FROM
SUBJECT
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, October 1, 1996. Comments regarding the Written Communications are as follows:
5a. This is a memo from the Acting City Attorney regarding actions taken in Closed
Session on September 24, 1996. IT IS RECOMMENDED THAT THIS LETTER BE
RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT ELSIE HASHIMOTO'S RESIGNATION FROM
THE HUMAN RELATIONS COMMISSION 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 LmRARY.
~~~
~
~~~~
OlY OF
CHUIA VISTA
OFFICE OF THE CITY A TIORNEY
Date:
September 25, 1996
To:
From:
The Honorable Mayor and City Council
Ann Y. Moore, Acting City Attorney f'~-
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 9/24/96
The City Council met in Closed Session to discuss Public Employment
Discipline, Public Employment Release and labor negotiations.
The Acting city Attorney hereby reports to the best of her
knowledge from observance of actions taken in the Closed Session of
September 24, 1996, there were no actions that are required to be
reported under the Brown Act.
AYM: 19k
C:\lt\clo5sess.no
~~~J
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
'i~y PooI.ca....-~PiP/I
September 23, 1996
TO: Beverly Authelet, City Clerk
FROM: Armando Buelna, Assistant to the Mayor and Council ~
SUBJECT: RESIGNATION FROM THE HUMAN RELATIONS COMMISSION
This is to inform you that Elsie Hashimoto has verbally resigned from the Human
Relations Commission. Please place this item on the next available agenda to allow
the City Council to formally accept her resignation.
ab
cc: Karen Wooten, Human Relations Commission Secretary
0b-j
~
Page I, Item
Date: October 1. 1996
COUNOL AGENDA STA1EMENT
Resolution / X.y i ~Pproving agreement with the City of Chula Vista and
the City of Chicago, administrators for a Public Technologies Incorporated
grant, for services related to Telecenter research and operations, accepting and
appropriating $25,000 to the Energy Conservation Fund Telecenter budget and
hiring an intern ill.
Submitted ~: Barbara Bamberger, EnvirO~~ Resource Manage)..,. ~~
Reviewed ~: City Manager.jC4 ~ ~~\ (4/Sth vote: Yes X No_)
In pursuit of additional fimding to help offset general Telecenter operations and services costs, staff
applied for a grant ITom Public Technology, Inc. (PT1) in the spring of 1996. PTI is a non-profit
organization which operates as the 'research and development' division of the National League of
Cities. It represents and promotes progressive and entrepreneurial city and county government
operations in the United States. Chula Vista was one of nineteen local agencies that received fimding
ITom PTI. The City of Chicago entered into a cooperative agreement with the U.S. Department of
Energy to administer the Grants for PTI. Staff is recommending approval of the contract with the City
of Chicago.
Item TItle:
RECOMMENDATIONS: Approve agreement with the City of Chicago for services related to
Telecenter research and operations, accepting and appropriating $25,000 to the Energy Conservation
Fund Telecenter budget and hiring an intern ill.
BOARDS/COMMISSION RECOMMENDATIONS: The Telecenter Task Force has been supportive
of identifYing additional grants to continue operating the Telecenter.
DISruSSION:
In the spring of 1995, staff applied for grant fimding ITom the Public Technology Inc., Urban
Consortium Energy Task Force to offset general Telecenter operations and services costs. PTI
accepted the application and agreed to provide $25,000 to the City. These fimds will be used for the
creation of a technology transfer guide book that will be used by other local city/government agencies
in the United States. The fimding will also pay for existing staff full time for 6 months and a new
intem The intern will be a .1 FIE intem ill position at 8 hours per week for 6 months and some
additional operational costs.
The first Telecenter opened in August of 1994 in the Eastern portion of Chula Vista, the second
Telecenter opened in February of 1995, in downtown Chula Vista. The Telecenter's goals are to, (a)
facilitate the use of hi-tech telecommunications, (b) provide a greater quality of life for Chula Vista
residents by reducing commute time to and ITom work, ( c) reduce traffic congestion. The Telecenters
reduce vehicular trips, traffic congestion, improve air quality, promote the use of technology and offer
training, improving communications between the business community and the global information
network.
i? - /
Page 2, Item
Date: October 1. 1996
The main focus of the first year of telecenter operations was to learn how to attract and retain
telecommuters, run the center effectively, and develop partnerships with partners such as universities
and business service providers. Substantial time was committed to initial set-up activities. The
Telecenters were recognized nationally & statewide by many agencies. In addition, the Telecenters
were part of a case study for the U.S. Environmental Protection Agency's Office of Policy, Planning,
and Evaluation to determine progress towards goals committed to in the Climate Change Action Plan
of 1993.
In year two, the Telecenter concept is being refmed and emphasis is on expanding operations and
increasing telecommuter occupancy. Like any small start-up business, the fIrst three years of a new
product are a struggle. We are moving toward self-sufficiency; in just two years since opening, the
City has generated over $33,000 in revenue through Telecenter usage. The PTI fImds will defiay
existing staff costs and other direct costs such as postage, printing, travel and telephone costs. Staff is
recommending approval of the agreement and budget therefor.
01y of Cbicl1fo Omtrnct Sco.pe of WOIk
Under contract with the City of OJicago, the City of Chula Vista will provide management and
administrative oversight for the day-to-day operations of the Telecenter. Chula Vista staff will collect
market data, operational experience, and product performance records which will be valuable to other
agencies interested in implementing similar programs. The City of Chula Vista will be awarded
$25,000 to produce a guidebook that can be used by other jurisdictions interested in developing and
implementing a telecenter. The City will:
1: Conduct background researeh
I.I: Examine the experience of other California hased Telecenters through researching
existing studies and conducting interviews with other Telecenters. Compare elements with
other Telecenters successes and failures and report on the differences.
1.2: Evaluate overall Telecenter effectiveness hased on occupancy rates, shared-usage
partnerships, and energy savings.
2: Pelfonn evaluation of demonstrated eneIgy savings through vehicle miles of travel (VMI) data
coIlectiolL
2.1: Track and evaluate Telecenter usage and travel distance information through collecting
survey information and daily telecenter sign in logs.
3: Develop a Guide Book that can be moo by other jurisdictions interested in developng and
implelllenting a Telecenter.
3.1: Prepare an executive summary that will be attached to the fmal guidebook.
t.
"')
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Page 3, Item
Date: llioher 1. 1996
3.2: The guide book will include:
A. Project Description
B. Criteria for locating telecenters
C. Start up and General Operations
D. Marketing a telecenter
E. Training and educating Managers and their Employees at developing a successful
telecommuting program
F. Evaluation criteria used in tracking energy savings
G. General Pro's and Con's of Building a Telecenter in Your Jurisdiction
FISCAL IMPACf:
There is no impact to the General Fund. Upon approval, the City will receive $25,000 in fimding
from the City of Chicago. This will increase the telecenter budget by $25,000 and will be
appropriated from the Energy Conservation Fund into a new account 280-2802.
AfuwhrnPJ)js:
1. Budget
2. City of Chicago, Department of Environment ContrrJct and Work PlI11l for PTI's Urban
Consortium -- Energy Task Force Energy Technology Grant Program
--;
Ii.- -_)
Page 4, Item
Date: October I. 1996
Attaclunent I
Energy ConselVation Fund
Telecenter Project
280-2802
AccOImt
Catego')'
Total Amowrt
5105
Hourly Wages
$19,658
Telecenter Director........................................ $17,930
Intern 111..................................................... $ 1.728
5141
Pers (8.31%)
1,490
5143
Medicare (1.45%)
Pars (3.75%)
285
5145
65
5221
Travel
1,500
200
5301
Office Supplies
Printing and Binding
590
5212
5252
Telephone
912
5218
Postage
300
WfAL:
$25,000
!c-y
RESOLUTION NO.
1%1/7,;)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE CITY OF CHICAGO,
ADMINISTRATORS FOR A PUBLIC TECHNOLOGIES
INCORPORATED GRANT, FOR SERVICES RELATED TO
TELECENTER RESEARCH AND OPERATIONS, ACCEPTING
AND APPROPRIATING $25,000 TO THE ENERGY
CONSERVATION FUND TELECENTER BUDGET AND HIRING
AN INTERN III
WHEREAS, in pursuit of additional funding to help offset
general Telecenter operations and services costs, staff applied for
a grant from Public Technology, Inc. (PTI) in the spring of 1996;
and
WHEREAS, PTI is a non-profit organization which operates
as the "research and development" division of the National League
of Cities; and
WHEREAS, PTI represents and promotes progressive and
entrepreneurial city and county government operations in the united
States; and
WHEREAS, Chula vista was one of nineteen local agencies
that received funding from PTI; and
WHEREAS, the city of Chicago entered into a cooperative
agreement with the U. S. Department of Energy to administer the
grants for PTI; and
WHEREAS, staff is recommending approval of the contract
with the City of Chicago.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Agreement between the
City of Chula vista and the City of Chicago, administrators for a
Public Technologies Incorporated grant, for services related to
Telecenter research and operations, 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 is hereby authorized to execute said Agreement for and
on behalf of the city of Chula Vista.
BE IT FURTHER RESOLVED that the City Council does hereby
accept and appropriate $25,000 from the Energy Conservation Find
into Account 280-2802 as set forth n Attachment 1.
1
ti. ~~
BE IT FURTHER RESOLVED that said funding will also pay
for staff which will include one .05 FTE staff person at 40 hours
per week for a total of 6 months, one .01 FTE Intern III position
at 8 hours per week for 6 months and some additional operational
costs.
Presented by
Approved as to form by
Barbara Bamberger, Environmental
Resource Manager
~JIhCU a7~~
fIR- .. Jr//( a ~~/. '-
A nc . Moore, ~ting i
Attorney
C:\rs\grant.pti
2
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, .
CitI of Chicago
Richard M. D~I.y, MaIor
()4o:!'~rtmtnt or [a\'ironmcnt
Hrnry L Hendtr50n
Commissioner
1wtnt)'.firlh Floor
30 North LaSall, Str,,1
Chicago. Illinois 60602-2575
(312) 744.7606 (Vnice)
(312)744-6451 (FAX)
(312) 744.35g6 (ITY)
frr::
ENERGY TASK FORCE
URBAN CONSORTIUM
MEMORANDUM
TO:
PROJECT DIRECTORS
CO ULTANTS
RE:
Year XVIII Contractual and Fiscal
Guidelines Contract Preparation
DATE:
July 29, 1996
Enclosed is a copy of the Energy Task Force Year XVIlI Administrative and
Reporting Guidelines. Each city/county receiving Energy Task Force
funding is required to execute a contract with the City of Chicago and to
comply with these guidelines. Please review this document carefully.
As you may know, a meeting of all Project Directors is held at the beginning
of each grant year to initiate the research program. This year's "kick-off'
meeting is now being planned for September 18-21, 1996, in Chicago,
Illinois. We would like to give you an opportunity to review the guidelines.
prepare contraCtual and fiscal materials, and obtain signatureS prior to this
initial meeting (if possible). The preparation of these items in advance of this
Fall meeting will significantly expedite the contract process. Please submit
one copy of the contract with five (5) fully executed signature pages.
Fully'txecuted contracts with the City of Chicago require work programs,
project budgets 'II1d other contractual language as 'Petified in the guidelines.
Conti1.tLs al~~ require the signature of responsible officials from your
city/county, the Chairman of the Energy Task Force, and City of Chicago
officials.
...
...
~.
/
/
Please bring the following completed documents to the kick-off meeting (if
possible).
1. Contract Agreement (One Copy)
2. Signature Pages (5 Originals)
3. Work program (as per information from PTI, Inc. sent under separate
cover) (One Copy)
4. Project Budget Cover Page (One Copy)
5. Budget Summary (One Copy)
6. Budget Justification (One Copy)
7. Personnel (One Copy)
8. Overhead Rate Approval (One Copy - This form was included in your
RFP package)
9. Signature Authorization and Depository Designation (Two Originals)
10.
Fiscal Representative (Two Copies)
.
(Please see sample contract package)
Your work program will be subject to peer review, led by your Unit Manager.
I will be available to answer questions regarding contractual and procedural
issues. Even though some work program and budgetary details may be
modified as a result of the peer review, such modifications can typically be
accommodated within the bounds ofUCETF contracts. We therefore urge
you to not delay on the preparation and execution of a contract within your
jurisdiction, and to bring with you as much of your completed contractual
documentation as possible.
Good Luck with your Year XVIII project. We look forward to another
exciting and productive year. If you have any questions prior to the meeting,
please contact me (312)744-3637.
See you in Chicago!
Enclosure
cc: Mike Lindberg
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INTRODUCTION
The Contractual Guidelines provide all the necessary information to complete your
Contract. This includes the Form Instructions and an example of the Contract.
CONTRACT INSTRUCTIONS
This section contains the format for the official contract between the City of Chicago and
all cities, counties and consultants for the Year Eighteen Energy Task Force Grant.
Please use the contract form contained in this section.
The final contract, signed by your Mayor or Chief Executive Officer, must be notarized.
The City of Chicago requires that your organization provide one copy of the contract
document, and five original notarized signature pages. Upon completion of the formal
contract process, a copy of the contract with all signatures will be returned to your
jurisdiction.
Do not make changes to the contract. Any changes will require an individual review of the
entire contract and its terms by various departments of the City of Chicago, and may result
in a delay in the award of the contract and receipt of funding by your agency. If you
require changes to the contract, call Unda Davis at (312)744-3637 or bring these changes
with you to the kick-off meeting.
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Your entire contract, when submitted to Chicago, will consist of:
A. One original Contract Agreement containing five (5) notarized original signature
pages.
B. Documentation of signature authorization if someone other than the Mayor City
Manaaer or Chief Executive Officer of a municipalitv executes the Aareement.
(Attachment 1 page .A- example of signature authorization letter.)
The following attachments will be provided:
Exhibit .Q. - DOE Publications Requirements.
Exhibit..E... - DOE Equal Employment Requirements (The Assurance of Compliance with
the Department of Energy Regulation Under TItle VI of the Civil Rights Act of 1964). ~
(5) originals should be attached to vour contract.)
Exhibit..E - Contract Regulations.
The following documentation should be provided by your organization as an attachment
to each of the submitted Contract Agreements.
Exhibit A - Work Program.
Exhibit B - Budget Package.
A complete paqkage of all the items needed for the preparation of the Contract Agreement
is included. Five copies of the signature page should be submitted with oriainal
i
signatures. Exhibits (A) and (B) shall be identical to the final work program and budget
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approved by your Unit Manager. You have recently been mailed instructions on preparing
that work program and budget by Public Technology, Inc.
All sianature oaoes are to be orooerty notarized. Note that notarY siQnature. seal and
exoiration date of commission should be cited.
Energy Task Force Consultants must provide the following documentation in addition to
those listed above:
a. Exhibit C - Contractor's Affidavit
b. Schedule C-1 (Letter of Intent from MBENVBE to perform as Subcontractor,
Supplier and/or Consultant)
c. Schedule D-1 (Affidavit of MBENVBE Goal Implementation Plan)
3
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ATTACHMENT 1
SAMPLE AUTHORIZATION LETTER
OFFICE OF THE MA VOR
CITY OF ELM
DATE
Linda Davis
Assistant to the Commissioner
City of Chicago
Department of Environment
30 N. LaSalle Street, Suite 2500
Chicago, Illinois 60602
Dear Ms. Davis:
This is to certify that Mr. John Doe of the City of Elm's Department of Public Works, has
signature authorization for all matters related to the Urban Consortium Energy Task Force
Grant.
Sincerely,
Robert Johnson
Mayor
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Agreement
Between
The City of Chicago
(Department of Environment)
and
City of Chula Vista
Pursuant to year 1997
of the Urban Consortium -- Energy Task Force
Energy Technology Grant Program
Effective
October 1.1996
to
December 31.1997
Richard M. Daley
Mayor
(
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ARTICLE 1-
ARTICLE 2.
ARTICLE 3.
3.01
3.02
3.03
3.04
3.0S
3.06
3.07
3.08
3.09
3.10
3.11
ARTICLE 4.
ARTICLE 5.
ARTICLE 6.
6.01
6.02
6.03
6.04
ARTICLE 7.
ARTICLE 8.
ARTICLE 9.
ARTICLE 10.
ARTICLE 11.
11.01
11.02
11.03
ARTICLE 12.
12.01
12.02
(
TABLE OF CONTENTS
EMili
INCORPORATION OF RECITALS 2
DEFINITIONS . . . . . . . 2
DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR 2
Scope of Project .
Personnel . . . .
Non-Discrimination
Insurance . . . .
Indemnity . . . . . . . .
Termination for Convenience
Non-Expendable Personal Property .
Disadvantaged Business Enterprises
Audit Requirement .,.
Subcontracts . . . . . . . . . . .
Environmental compliance . . . . .
SPECIAL CONDITIONS FOR CONSTRUCTION
REPORTS
. . .
COMPENSATION
Compensation .
Reduction of compensation
Non-Appropriation
Program Income
PUBLISHING
DPRESENTATIONS .
EQUAL EMPLOYMENT OPPORTUNITY
PERIOD OF CONTRACT . . . . .
. . .
Commitment
2
3
3
4
8
8
9
9
10
10
11
11
12
12
12
13
14
14
14
15
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lS
EVENTS OF DEFAULT, REMEDIES, TERMINATION, RIGHT
TO OFFSET. SUSPENSION
Events of Default Defined
Remedies . . . . . .
No Damages for Delay
. . .
GENERAL CONDITIONS .
Whole Agreement . . . . . .
Modifications and Amendments
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18
18
18
18
12.03
12.04
12.05
12.06
12.07
12.08
compliance with all Laws
Governing Law .
Severability
Interpretation
Nonassignability
Authority
18
19
19
19
19
20
20
ARTICLE 13. NOTICES
ARTICLE 14. INCORPORATIONS BY REFERENCE
20
Execution Page
Exhibits A through F
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AGREEMENT
THIS AGREEMENT ("Agreement") is entered into this l~t day
of Octnbpr ,1996 by and between the CITY OF CHICAGO (hereinafter
referred to as the "City"), a municipal corporation existing under
the Constitution of the State of Illinois, acting through its
Department of Environment ("Department") and (hula Vista
a City of the State of California
(hereinafter referred to as the "Contractor") .
RECITALS
WHEREAS, pursuant to Title 31 U.S.C. 56301 et sea., the City
of Chicago, through the Energy Task Force of the Urban Consortium,
has entered into a cooperative agreement with the U.S. Department
of Energy to administer Energy Technology Grants; and
WHEREAS. the City is responsible for the administration of the
Energy Technology Grants, and coordinates and communicates the
results of the Energy Task Force program among member Cities and
Counties of the Urban Consortium; and
WHEREAS. federal procurement regulations, as codified in 10
C.F.R., Subpart C, 5600.200 et sea. provide that the City, in its
fiscal agency capacity, may process subgrants for member local
governments and other applicants in accordance with the City's
normal grant and contract procedures; and
WHEREAS, it is the objective of the Energy Task Force Program
("Program") to develop and undertake unit projects that will
develop urban energy-related technologies that will be transferable
to other geographic areas and projects; and
~EAS, the Contractor proposes to:
Docu~ent the resul~s of the City of Chula Vista Telecenter project, producing
a ~uldebook.that wlll provide guidance on how to make Telecenters work. This
gUldebook wlll be transferrable to other City/Government agencies in the U.S.
(the "Project"); and
~~1S, the Department has conducted negotiations with the
Contractor and the Contractor has agreed to perform all work and
services as set forth in this Agreement in order to develop the
urban energy-related technology described above (the .Services"),
and the Contractor represents that it possesses the necessary
capabilities and resources and is ready, willing and able to enter
into this Agreement and to provide the SerVices in accordance with
the terms and conditions of this Agreement to the full satisfaction
of the City;
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NOW THEREFORE, the parties hereto do mutually agree as
follows:
ARTICLE 1. INCORPORATION OF RECITALS
THE ABOVE RECITALS ARE EXPRESSLY INCORPORATED IN AND MADE A PART OF
THIS AGREEMENT AS THOUGH FULLY SET FORTH HEREINBELOW. .
ARTICLE 2. DEFINITIONS
.commissioner" means the commissioner of the Department of
Environment of the City or his representative duly authorized in
writing to act for the Commissioner in connection with this
Agreement.
"project" means the project and/or work to be completed by the
Contractor, as described in the recitals and as further described
in Exhibit A, which is attached hereto and incorporated herein by
this reference.
.purchasing Agent" means the Purchasing Agent of the City
whose duties and responsibilities are more particularly described
in the Municipal Purchasing Act for Cities of 500,000 or More
population as contained in the Illinois Municipal Code, 65 ILCS
5/8-10-1 et sea., as amended.
"R.isk Hanager" means the Risk Manager of the City whose duties
and responsibilities include, but are not limited ~o, the review
and approval of insurance for City contractors.
.Services" means, collectively, the work, services, duties and
responsibilities described in Article 3 and 1hthibit A of this
Agreement and all work necessary to complete such work, services,
duties and responsibilities.
ARTICLE 3. DUTIES J.ND RESPONSIBILITIES OF TRE coNTRACTOR
3.01 Scope of PrOject
The Contractor agrees to Perform the project and/or work as
set forth in the .description of project and/or description of work
program" and the budget ~ry which are attached hereto as
Ryhibit A and Ii respectively, and are incorporated by reference as
if fully set forth here, in a 1IIIU1J1er that is .atisfactory to the
City.
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3.02 Personnel
If assignment of personnel to the project is required for the
proper completion of the Project or is otherwise required by this
Agreement, then the Contractor agrees to immediately assign and to
maintain a staff of competent personnel which is fully equipped and
qualified to perform the Services required by this Agreement.
The salaries of employees of the Contractor performing work
under this Agreement must be paid unconditionally and not. less
often than once a month without deduction or rebate on any account
except only such payroll deductions as are mandatory by law or
permitted by the applicable regulations issued by the Secretary of
Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48
Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. Section 874;
and Title 40 U.S.C., Section 276 (c). The Contractor agrees to
comply with. all applicable .Anti-Kickback" regUlations and to
insert appropriate provisions in all subcontracts covering work
under this Agreement to insure compliance with such regulations.
The contractor also agrees that it will be responsible for the
submission of affidavits required thereunder except as the
Secretary of Labor may specifically provide for variations of or
exemptions form the requirements thereof.
3.03 Non-Discr~m~p.tion
A. Federal Reauir~ments
In discharging the responsibilities specifically required by
the terms of this Agreement, it will be an unlawful employment
practice for the Contractor (1) to fail or refuse to hire or to
discharge any individual, or otherwise to discriminate against any
individual with respect to his compensation, or the terms,
conditions. or privileges of his employment, because of such
individual's race, color, religion, sex, age, handicap or national
origin; or (2) to limit, segregate, or classify its employees or
applicants for employment in any way which would deprive or tend to
deprive any individual of employment opportunities or otherwise
adversely affect his status as an employee, because of such
individual's race, color, religion, sex, age, handicap or national
origin.
In discharging the responsibilities specifically required by
the terms of this Agreement, the Contractor agrees to comply with
the Civil Rights Act of 1964, .2 U.S.C. sec. 2000 et sea. (1981),
as emended. In such compliance, attention is called to: Bxec.
Order No. 11,246 (30 Ped. Reg. 12,319 (1965), nprinted in .2
U.S.C. 2000(e) note, as .~"ded by Bxec. ~er No. 11,375, 32 Ped.
Reg. 14,303 (1967) and by Bxec. Order No. 12,086, .3 Ped. Reg.
46,501 (1978)); the Age Discrimination Act, .2 U.S.C. sec. 6101-
6106 (1981); the Rehabilitation Act of 1973, 29 U.S.C. sec. 793-
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794 (1981); the Americans with Disabilities Act, 42 U.S.C. 512101
et sea.; and to 41 C.F.R. Part 60 et sea. (1990).
B. State Reauirements
In discharging the responsibilities required by the terms of
this Agreement, the Contractor agrees to comply with the Illinois
Human Rights Act, 775 ILCS 5/1-101 et sea., as amended and any
rules and regulations promulgated .in accordance therewith,
including, but not limited to, the Equal Employment Opportunity
Clause, 5 Ill. Admin. Code 5750 Appendix A. Furthermore, the
Contractor agrees to comply with the Public Works Employment
Discrimination Act, 775 ILCS 10/0.01 et sea., as amended.
C. City Reauirements
In discharging the responsibilities specifically required by
the terms of this Agreement, the Contractor agrees to comply with
the Chicago Human Rights Ordinance, ch. 2-160, section 2-160-010 fi
~ of the Municipal Code of Chicago, as amended. Further, the
Contractor agrees to furnish and to cause each of its
subcontractor(s) to furnish such reports and information as
requested by the Chicago Commission on Human Relations.
D. Subcontractors Reauired to Comulv
The Contractor hereby agrees that all of the provisions set
forth in this Section 3.03 will be incorporated in all Subcontracts
entered into with any suppliers of materials, furnishers of
services, subcontractors of any tier, and labor organizations which
furnish skilled, unskilled and craft union skilled labor, or which
may provide any materials, labor or services in connection with
this Agreement.
The Contractor agrees to cause its Subcontractors to execute
such certificates as may be necessary in furtherance of these
provisions. Such certifications will be attached and incorporated
by reference in the applicable Subcontracts. In the event that any
-Subcontractor is a partnership or joint venture, the Contractor
will also include provisions in its subcontract insuring that the
entities comprising such partnership or joint venture will be
jointly and severally liable for its obligations thereunder.
3.04 Insurance
A. %J1surance to be Provided by. the Contractor
The Contractor agrees to procure and to maintain at all times,
at the Contractor's own expense, during the term of this Agreement,
and until final acceptance of all of the work and/or Services
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covered under this Agreement, the types of insurance specified
below, with insurance companies authorized to do such business in
the State of Illinois covering all Services to be performed under
this Agreement, whether performed by the Contractor or by its
subcontractors" The Contractor may, subj ect to the review and
approval of the Risk Manager, provide self-insurance.
The kinds and amounts of insurance required are as follows:
1. Workers's ComDensation and OccuDational Disease Insurance
Worker's Compensation and Occupational Disease Insurance
in accordance with the laws of the State of lllinois, or
any other applicable jurisdiction, covering all employees
who are to provide any work or services under this
Agreement. Employer's liability coverage will be
included and will have limits of not less than $100,000
per each accident or illness. Coverage extensions will
include: all states endorsement, alternate employer and
voluntary compensation endorsement, when applicable.
2 "
Commercial Liabilitv Insurance
.
Commercial Liability Insurance or equivalent with limits
of not less than $500,000 per occurrence, combined single
limit, for bodily injury, personal injury, and/or
property damage liability. Coverage extensions will
include the following: all premises and operations,
products/completed operations (for a minimum of two (2)
years following project completion), explosion, collapse,
underground, independent contractors, cross liability,
and contractual liability (with DQ limitation
endorsement). Independent contractors, and contractual
liability coverages are to be included. The City of
Chicago, its employees, elected officials, agents and
representatives are to be named as additional insureds,
on a primary, noncontributory basis for any liability
arising directly from the work.
3.
Automobile Liabilitv Insurance
When any motor vehicles (owned, non-owned and hired) are
used in connection with the work to be performed, the
Contractor will provide Comprehensive Automobile
Liability Insurance with limits of not less than $500,000
per occurrence, combined single limit, for bodily injury
and property damage. "The City of Chicago is to be named
as an additional insured on a primary non-contributory
basis.
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4. Professional Liabilitv Insurance
When any architects, engineers. construction managers or
consultants perform work in connection with the Services
to be rendered under this Agreement, Professional
Liability Insurance covering acts, errors and/or
omissions will be maintained with limits of not less than
$500,000. Coverage extensions will include contractual
liability. When policies are renewed or replaced the
policy retroactive date must coincide with or precede the
start of the performance of the Services under this
Agreement. A claims-made policy which is not renewed or
replaced must have an extended reporting period of two
(2) years.
5. Self Insurance
To the extent permitted by law, the Contractor may self
insure for the insurance requirements specified above, it
being expressly understood and agreed that, if the
Contractor does self-insure the insurance requirements
enumerated above, the Contractor will bear all risk of
loss for any loss which would otherwise have been covered
by insurance policies, and the self insurance program
will comply with at least the insurance requirements as
stipulated above.
B. Related Requirements
The Contractor agrees to furnish the City of Chicago,
Department of Purchases, Contracts and Supplies, Room 403, l.2l.
North LaSalle Street, Chicago, Illinois 60602, original
Certificates of Insurance evidencing the coverages stated above and
renewal certificates of insurance, or such similar evidence, if the
coverages have an expiration or renewal date during the term of
this Agreement. The Contractor agrees to submit evidence of
insurance on the City of Chicago Insurance Certificate of coverage
Form (copy attached) prior to initiating the Services pursuant to
this Agreement. The City will not allow the Contractor to commence
work and/or Services under this Agreement until all insurance is
purchased and evidence of it is received and approved by the City.
The receipt of any certificate of insurance does not constitute
agreement by the City that the insurance requirements of this
Agreement have been fully met or that the insurance policies
indicated on the certificate are in compliance with all Agreement
requirements. The failure of the City to obtain certificates or
other evidence of insurance from the Contractor before permitting
the Contractor to commence work will not be deemed to be a waiver
by the City, and the Contractor will remain under the continuing
obligation to maintain the coverages and to supply the
certificates.
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The Contractor agrees to advise all insurers of the provisions
of this Agreement regarding insurance. Non-conforming insurance
will not relieve the Contractor of its obligation to provide
insurance as specified in this Agreement.
.
Non-fulfillment of the insurance obligations may constitute a
violation of this Agreement. The Contractor agrees to carry all
insurance/self-insurance specified above until all services and or
work required to be performed by this Agreement are satisfactorily
completed. Failure to carry or keep such insurance in force will
constitute a default of this Agreement, and the City maintains the
right to stop work until proper evidence of insurance is provided.
The Contractor agrees to require all subcontractors to carry the
insurance required herein, and the Contractor may, at its option,
provide the coverage for any or all subcontractors and if so, the
e~idence of insurance submitted will so stipulate.
Any and all deductibles on referenced insurance coverage will
be borne by the Contractor.
The City maintains the right to modify, delete, alter or
change these requirements.
.
Insurance policies will provide for sixty (60) days prior
written notice to be given to the City in the event coverage is
substantially changed, canceled, or non-renewed.
Any and all deductibles and/or self-insured retentions on
referenced insurance coverages will be borne by the Contractor.
The Contractor, and each subcontractor, agrees that all
insurers will waive their rights of subrogation against the City,
its employees, agents, elected officials, and representatives.
The Contractor expressly understands and agrees that any
coverages and limits furnished by the Contractor will in no way
limit the Contractor's liabilities and responsibilities specified
within this Agreement or by law.
The Contractor expressly understands and agrees that any
insurance or self-insurance programs maintained by the City will
apply in excess of and will not contribute to insurance provided by
the Contractor pursuant to the terms of this Agreement.
The Contractor understands and agrees that the insurance
coverages required by this Agreement will not be limited by any
limitations expressed in the indemnification language contained in
this Agreement, or by any legislative limitation on such indemnity
provided for or referenced in any indemnification provision of this
Agreement.
The Contractor expressly understands and agrees that any
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insurance protection furnished by Contractor hereunder will in no
way limit its responsibility to indemnify and save harmless the
City under the provisions of this Agreement.
If the Contractor, or any of its subcontractors, desires
additional coverage, higher limits of liability, or other
modifications for its own protection, the Contractor or such
subcontractor will solely be responsible for the acquisition and
cost of such additional protection.
The City's Risk Management Department retains the right to
modify, delete, alter or change these insurance requirements at any
time.
3 .05 ZDdemni ty
To the extent not prohibited by law, the Contractor agrees to
defend, indemnify and hold the City, its officers, officials,
agents and employees, completely harmless from and against any and
all liabilities, losses, suits, claims, judgments, fines or demands
of every kind and nature (including all reasonable costs for
investigation, reasonable attorneys' fees, court costs and expert
fees) arising directly or indirectly out of, as a consequence of,
or incidental to the Contractor's performance or non-performance of
this Agreement or the enforcement thereof, including without
limitation: the enforcement of this indemnification provision;
the acts or omissions of any of the Contractor's officers, agents,
employees. subcontractors, licensees or invitees; liabilities
arising by reason of injury or death of any person, damage to
property, or patent or copyright infringement; and/or violation of
any applicable laws, statutes or ordinances of the federal, state
or local government, upon notice from the City of any claim or
liability which the City believes to be covered under this
provision. The Contractor will defend all suits brought upon such
claims and lawsuits and will pay all costs and expenses incidental
thereto, but the City will have the right, at its option and
expense, to participate in the defense of any suit, without
relieving the Contractor of any of its obligations hereunder. This
paragraph will survive expiration or early termination of this
Agreement.
3.06 '1'exmina tion for Convenience
The City may terminate this Agreement, or any portion thereof
to be performed, at any time by a notice in writing from the City
to the Contractor. If the Agreement is terminated by the City, as
provided berein, the Contractor will deliver to the City all
finished or unfinished documents, data, studies, and reports
prepared by Contractor under this Agreement. payment for the work
performed before the effective date of such termination will be
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based upon a proration of the work actually performed by Contractor
to the date of termination. Such proration will be mutually agreed
upon by the commissioner. the Purchasing Agent and Contractor.
payment made by the City pursuant to such agreed-upon proration
will be in full settlement for all Services rendered under this
Agreement.
3.07 Non-Expendable Personal Property
.
The Contractor agrees to comply with all Federal, State and
Local laws and ordinances regarding property management including,
but not limited to, the following:
The Contractor agrees to request and receive written
authorization from the City prior to the purchase of tangible
personal property having a useful life of more than one year and an
acquisition cost of $300 or more per unit with funds received
pursuant to this Agreement ("Non-expendable Personal Property").
The parties agree that all Non-expendable Personal Property will be
the property of the City to the extent that such property is not
the property of the Federal Government.
The Contractor will maintain a current inventory listing of
such Non-expendable Personal Property and will deliver a copy of
such listing to the City on an annual basis.
The Contractor further agrees to return all Non-expendable
Personal Property to the City upon the termination of the Project.
However, upon the receipt of the final inventory of all such
property, the City may elect to allow such property to remain in
the possession of the Contractor if the City, in its sole
discretion, determines that the Non-expendable Personal property is
necessary for the performance of any new or other services by the
Contractor for the City.
3.08 Disadvantaged Business Ente:prises CClllllllitment
It is the policy of the City of Chicago that local businesses
certified as Disadvantaged Business Enterprises (WDBE") shall have
the maximum opportunity to participate fully in the performance of
all City contracts.
The Purchasing Agent has determined that the nature of the
Services to be provided under this Agreement are such that neither
direct nor indirect subcontracting opportunities will be
practicable or cost-effective. Therefore, there will be no stated
goals for DBE participation resulting from this Agreement. This
determination is being made pursuant to Section 2-92-450 of the
Municipal Code of Chicago.o
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3.09 Audit Requirement
All contractors are required to obtain an audit. Contractors
receiving $25.000 or more in total Federal awards must submit an
audit conducted in accordance with OMB Circular A-133, the
Compliance requirements set forth in OMB Compliance Supplement, and
any additional testing and reporting required by the U.S.
Department of Housing and Urban Development. Contractors receiving
total federal awards of less than $25,000 are required to submit a
copy of their organization-wide audited financial statements,
conducted in accordance with Government Auditing Standards.
If an A-133 audit is required. it must cover the time period
specified by OMB Circular A-133 and its implementing regulations.
If an organization-wide audited financial statement is required,
the audit must, at a minimum. cover the time period in which the
Contractor is receiving financial assistance from the City.
Audit reports must be completed within six months after the
end of the Contractor's fiscal year. The Contractor agrees to
submit the audit to the Department of Purchases, Contracts and
Supplies and the City Comptroller's Office - Special Accounting
Division within thirty days after being received by the Contractor.
Contractors receiving over $100.000 must also send a copy of the
audit, within the same time frame, to:
Federal Audit Clearinghouse
Bureau of the Census
1201 E. lOth St.
Jeffersonville, IN 47132
Further, the Contractor agrees to submit, with the audit, a
report which comments on the findings and recommendations in the
audit, including corrective action planned or taken. If no action
is planned or taken, no explanation must be included. Copies of
written cOlllllUI1ications on non-material compliance findings will be
submitted to the abovementioned parties.
The City and the Department of Energy retain the right to
independently audit the Contractor.
If the Contractor is found in non-compliance with these audit
requirements, by either the City or federal agency, the Contractor
may be required to refund any financial assistance received from
the City or federal agency.
3.10 Sabcoatracts
The contractor agrees that all subcontracts will be submitted
by the Contractor to the City for- approval. All subcontracts and
all approvals of subcontractors, regardless of their form, will be
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deemed to be conditioned upon performance by the subcontractor in
accordance with the terms and conditions of this Agreement. If any
subcontractor fails to observe the terms and conditions of this
Agreement to the satisfaction of the City, the City will have the
absolute right upon written notification to rescind approval
forthwith and to require the performance of this Agreement by the
Contractor personally or through any other City-approved
subcontractor. The approval of subcontractors in the performance
of the Services required by this Agreement will under no
circumstances operate to relieve the. Contractor of any of its
obligations or liabilities under this Agreement.
.
Upon entering into any subcontract, Contractor will furnish
the City with five copies of such subcontract for distribution to
the Purchasing Agent and the Department. All subcontracts will
contain provisions that require the Services to be performed in
strict accordance with the terms and conditions of this Agreement,
and every subcontract will provide that the subcontractor are
subj ect to all of the terms and conditions of this Agreement,
including the rights of the City to approve or disapprove of the
use of any subcontractor. Provided that such subcontracts do not
prejudice any of the City's rights under this Agreement, and do not
affect the quality of the Services to be rendered in any way,
subcontracts may contain different provisions than are provided in
this Agreement.
3.11 Environmental Compliance
The Contractor agrees to comply with all standards and
policies relating to energy efficiency which are issued in
compliance with the Energy Policy and Conservation Act, Pub. L. 94-
163. In addition, if the amount of the compensation under this
Agreement equals or exceeds $100,000, then the Contractor agrees to
comply with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)),
Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive
Order 11738, and Environmental Protection Agency regulations (40
CFR part 15) .
ARTICLE 4. SPECIAL CONDITIONS FOR CONSTRUCTION
In the event that the Project involves or includes any
construction or rehabilitation of structures, then the Contractor
agrees to comply with the following requirements:
A. The Contractor will comply with all portions of Executive
Order 11246 of September 24, 1965, which is entitled, -Bqual
Employment Opportunity, - as amended by Bxecutive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor
regulations (41 CFR Chapter 60) ;
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B. The Contractor will comply with the requirements of the
Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3);
C. The Contractor will comply with the requirements of the
Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by
Department of Labor regulations (29 CFR Part 5);
D. The Contractor will comply with the requirements of
Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of
Labor regulations (29 CFR Part 5); and
E. The Contractor will comply with all bond requirements as
set forth in Department of Energy regulations, 10 CFR Section
600.236 (h), as applicable. In the event of a dispute over the
applicability of any such bond requirement, the Contractor agrees
that the dispute will be submitted to the purchasing Agent of the
City for resolution. The decision of the Purchasing Agent will be
final and binding.
ARTICLE 5. REPORTS
The Contractor agrees to prepare and complete in a timely
manner such formal reports as may be required by the City for the
project. An original and two copies of each report will be sent to
the Chairman of the Energy Task force, addressed to: Mike
Lindberg, Commissioner of Public Affairs, 1120 S.W. 5th, Suite 414,
portland, Oregon, 97204: additionally one copy will be sent to
City, c/o Linda Davis, Assistant to the Commissioner, Department of
Environment, 30 North LaSalle Street, Suite 2500, Chicago, Illinois
60602. Failure of the Contractor to submit its report(s) in a
timely manner may resul t in retention of funds pending the
submission of the report(s).
ARTICLE 6. COMPENSATION
6.01 Compensation
As consideration for the performance of the work a:nd/or
Services as required by this Agreement, the City will issue
payments to the Contractor from funds received by the City from the
Department of Energy in accordance with the budget SU1llll&ry which is
attached hereto as Exhibit B, which exhibit is fully incorporated
herein by reference, provided that:
(a) The maximum amount to be paid to the Contractor for all
Services and undertakings to be performed under this
Agreement will not exceed the sum of _$25 .000
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(b) payment under this Agreement will be made under Fund No.
as established by the City
Comptroller. All billings for payment must be supported
by documents required under the fiscal guidelines as to
expenditures incurred in accordance with this Agreement.
and which conform to the budget summary attached hereto
as Exhibit B.
.
(c) The City will retain twenty (20) percent of the
Contractor's final payment pending the submission of a
complete report on the project by the Contractor. Such
retainage will be released to the Contractor upon the
satisfactory completion of the report. as determined by
the City.
.
6.02 Reduction of compensation
If, subsequent to the execution of this Agreement. anticipated
federal funding should be reduced for any reason, then the City
reserves the right upon written notice to the Contractor to reduce
or modify the amount of the payments to be issued to the Contractor
under this Agreement. If federal or state appropriations should be
reduced to such an extent that, in the sole discretion of the City,
no funds will be available to compensate the Contractor under this
Agreement. then the City will provide notice of such occurrence to
the Contractor. Such notice will constitute notice of termination
for convenience in accordance with Section 3.06 of this Agreement.
If, pursuant to a reduction in federal funding, the City
reduces the compensation to be paid to the Contractor under this
Contract, the Contractor will have thirty (3D) days from the date
of the receipt of such written notice to submit a revised work
program, budget or any other necessary document (the -Revised
submittals") to the City reflecting the reduction in the
compensation and accordingly modifying the Services to be
performed. The City will have the discretion to modify the Revised
Submittals as it may deem appropriate in order to realize the goals
of the Agreement. The Revised submittals will be reviewed by the
Purchasing Agent and the Office of Budget and Management and upon
their final approval will become a part of this Agreement
superseding the previous documentS.
In the event that the Contractor fails to submit Revised
submittals or submits Revised Submittals which are not acceptable
to the City, then, unless the City in writing grants a further
period of time for the contractor to submit Revised submittals, the
Contractor will be obligated to perform. the Agreement as originally
executed for the reduced compensation.' .
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6.03 Non-Appropriation
Funding for this Agreement is subject to the availability of
federal funds and the appropriation thereof by the City Council of
the City. In the event that no funds or insufficient funds are
appropriated and budgeted in any City fiscal period for payments to
be made under this Agreement, the City may notify Contractor of
such occurrence and this Agreement will terminate on the earlier of
the last day of the fiscal period for which sufficient
appropriation was made or whenever the funds appropriatea. for
payment under this Agreement are exhausted. No payments will be
made or due to the Contractor under this Agreement beyond those
amounts appropriated and budgeted by the City to fund payments
hereunder.
6.04
Program XDcome
The Contractor agrees to return to the City all gross income
received by the Contractor which is directly generated from the use
of funds received from the United States Department of Energy
("DOE") in the Project (the "Program Income"), and agrees to do so
in such form and manner as is stipulated by the City. Program
Income includes, but is not limited to, the following: (a)
proceeds from the disposition by sale or long term lease of real
property purchased or improved with DOE funds; (b) proceeds from
the disposition of equipment purchased with DOE funds; (c) gross
income from the use or rental of real or personal property acquired
by the Contractor with DOE funds, less the cost incidental to the
generation of such income; (d) gross income from the use or rental
of real property owned by the Contractor that was constructed or
improved with DOE funds, less the costs incidental to the
generation of such income; (e) proceeds from. the sale of
obligations secured by loanS made with DOE funds; (f) interest
earned on funds held in a revolving fund account; (g) interest
earned on program income pending disposition of such income; and
(h) funds collected through special assessments made against
properties owned and occupied by households of low and moderate
income persons where such assessments are used to recover all or
part of the DOE portion of a public improvement. All other Program
Income retained by the Contractor must be expended in compliance
with DOE regulations.
ARTICLE 7. PUBLISHING
The Contractor agrees to follow all publishing regulations and
reporting requirements established by the U. S. Department of
Energy, which regulations and requirements are attached and
incorporated herein as ~yhibit D.
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ARTICLE 8. REPRESENTATIONS
The Contractor represents and warrants that the Contractor has
not employed any person solely for the purpose of soliciting or
procuring this Agreement, and has not made, and will not make, any
payment or any agreement for the payment of any commission,
percentage brokerage, contingent fee or other compensation in
connection with the procurement of this Agreement.
.
If the Contractor is a private entity of any
description, then the Contractor further represents that
completed and has provided a Contractor's Affidavit to the
completed copy of which attached hereto as Exhibit
incorporated by reference as if fully set forth herein.
legal
it has
City, a
C and
ARTICLE 9. EOUAL EMPLOYMENT OPPORTUNITY
During performance of this Agreement, the Contractor agrees to
comply with all Equal Employment Opportunity regulations as
established by the U.S. Department of Energy, attached hereto as
Annendix F.
ARTICLE 10. PERIOD OF CONTRACT
The Agreement will take effect as of October 1. 1996
and continue through December 31. 1997 However, the Agreement
may be extended for ..an additional period of time by mutual
agreement of the parties, subject to the availability of funds
under the applicable Energy Task Force Grant. Any and all
extensions of this Agreement will be subject to the terms and
conditions of Section 11.02 of this Agreement.
ARTICLE 11. EVENTS OF DEFAULT. REMEDIES. TERMINATION. RIGHT
TO OFFSET. SUSPENSION
11.01 Events of >>afau1t >>efiDed
The following will constitute events of default:
A.
Any material misrepresentation, whether negligent or
willful and whether in the inducement or in the
performance, made by the Contractor to the City.
B. Any material failure to perform any of its obligations
under this Agreement including, but not limited to, the
following:
.
1. Failure to perform the services required of such
15
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party by this agreement with sufficient personnel
and equipment or with sufficient material to ensure
the performance of said services;
2. Inability to perform the services required of such
party satisfactorily as a result of insolvency,
filing for bankruptcy or assignment for the benefit
of creditors;
3. Failure to promptly re-perform within a reasonable
time services required to be performed by this
Agreement that were rejected as erroneous or
unsatisfactory;
4.
Discontinuance of the
party for reasons
reasonable control;
services required of such
not beyond Contractor's
5. Failure to comply with a material term of this
Agreement; and
6. Any other acts specifically and expressly stated in
this Agreement as constituting event of default.
C. The Contractor's default under any other agreement it may
presently have or may enter into with the City during the
term of this Agreement. The Contractor acknowledges and
agrees that in the event of a default under this
Agreement the City may also declare a default under any
such other agreements.
11.02 It_edies
Upon the City's determination that an event of default has
occurred, the City will give notice of such occurrence to the
Contractor in accordance with the terms of this Agreement. If the
Contractor fails to cure such event of default within thirty (30)
calendar days after receipt of such notice given, or if the
Contractor has failed, in the sole opinion of the City, to cO"""""nce
and continue diligent efforts to cure the event of default, or if
the event of default cannot reasonably be cured within thirty (30)
calendar days after receipt of notice of default, then the City
may, in the sole discretion of the City, declare the Contractor to
be in default under this Agreement. The Contractor agrees that the
decision to declare the Contractor to be in default is within the
sole discretion of the Purchasing Agent, that such decision will be
final and binding, and that neither that decision nor the factual
basis for it will be subject to review or challenge.
If the Purchasing Agent determines that the Contractor is in
default under this Agreement, written notification of such
J.6
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determination will be provided to the Contractor, and such notice
will include notice of the decision of the Purchasing Agent to
terminate this Agreement, if such decision is made. Upon the
receipt of such notice as provided herein, the Contractor agrees to
discontinue any services, unless otherwise directed in the notice,
and agrees to deliver all materials accumulated in the performance
of this Agreement, whether completed or in the process, to the
City. At such time the City may invoke any or all of the following
remedies:
A. The right to take over and complete the Services or any
part thereof as agent for and at the cost of the
Contractor, either directly or through others. The
Contractor will have, in such event, the right to offset
from such cost the amount it would have cost the City
under the terms and conditions of this Agreement, had the
Contractor completed the Services;
B. The right to terminate this Agreement as to any or all of
the Services yet to be performed effective at a time
specified by the City;
C. The right of specific performance, an injunction or any
other appropriate equitable remedy against the
Contractor;
D. The right to money damages;
E. The right to withhold all or any part of the Contractor's
compensation hereunder; and
F. The right to deem the defaulting the Contractor
non-responsible in future contracts to be awarded by the
City.
If the City considers it to be in its best interests, it may
elect not to declare defa1,1lt or to terminate the Agreement
hereunder. The parties acknowledge that this provision is solely
for the benefit of the City and that if the City permits the
Contractor to continue to provide the Services despite one or more
events of default, the Contractor will in no way be relieved of any
of its responsibilities, duties or obligations under this Agreement
nor will the City waive or relinquish any of its rights.
The remedies under the terms of the Agreement are not intended
to be exclusive of any other remedies provided, but each and every
such remedy will be cumulative and will be in addition to any other
remedies, existing now or bereafter, at law, in equity or by
statute. No delay or omission to exercise any rigbt or power
accruing upon any event of default will impair any such right or
power nor will it be construed as a waiver of any event of default
or acquiescence therein, and every such right and power may be
17
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exercised from time to time and as often as may be deemed
expedient.
11.03 No Damages for Delay
The Contractor agrees that it will make no claims against the
City for damages. charges, additional costs or fees for any lost
profits or costs incurred by reason of delays or hindrances by the
City in the performance of its obligations under this Agreement.
ARTICLE 12. GENERAL CONDITIONS
12.01 Whole Agreement
This Agreement, including the attached Exhibits A through ~
will constitute the entire agreement between the parties, and no
warranties, inducements, considerations, promises or other
inferences will be implied or impressed upon this Agreement that
are not expressly addressed herein. No variation or amendment of
this Agreement and no waiver if its provisions will be valid unless
in writing and signed by the duly authorized officers of the
Contractor and the City. This Agreement supersedes all other
agreements between the parties.
12.02 Modifications and Amendments
No changes, amendments, modifications, cancellation or
discharge of this Agreement, or any part hereof, will be valid
unless in writing and signed by the parties hereto, or their
respective successors and assigns.
For purposes of this section where an official, agent or
employee of a business entity has committed any offense under this
section on behalf of such an entity and pursuant to the direction
or authorization of a responsible official thereof, the business
entity will be chargeable with the conduct.
12.03 Compliance with all Laws
The Contractor agrees to comply with all applicable laws,
ordinances and executive orders and regulations of the federal,
state, local and city government, which may in any manner affect
the performance of this Agreement. Specifically, the Contractor
agrees to comply with all the provisions of the U.S. Department of
Energy Regulations, including, but not limited to, the Uniform
Administrative Requirements contained in 10 C.P.R. 5600.200 et sec.
and in 41 C.F.R. 5105-71.1 et sea. (attached hereto as ~Yhibit F),
the provisions of the Grant Agreement between the City and the U.S.
Department of Energy, 'and all other applicable federal, state and
~
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local laws and regulations.
12.04 Governing Law
This Agreement will be
interpretation in accordance
Illinois.
governed as to performance and
with the laws of the State of
12.05 Severability
If any provision of the Agreement is held or deemed to be or
in fact is illegal, inoperative or unenforceable on its face or as
applied in any particular case in any jurisdiction or jurisdictions
or in all cases because it conflicts with 'any other provision or
provisions hereof or any constitution, statute, municipal
ordinance, rule of law or public policy, or for any other reason,
such circumstances will not have the effect of rendering the
provision in question inoperative or unenforceable in any other
case or circumstance, or of rendering any other provision or
provisions herein contained illegal, invalid, inoperative or
unenforceable to any extent whatever. The invalidity of anyone or
more phrases, sentences, clauses or sections contained in this
Agreement will not affect the remaining portions of this Agreement
or any part thereof.
.
12.06 Interpretation
Any headings in this Agreement are for convenience of
reference only and do not define or limit the provisions hereof.
Words importing the singular number will include the plural number
and vice versa, unless the context will otherwise indicate. All
references to any exhibit, appendix or document will be deemed to
include all supplements and/or amendments to any such exhibits,
appendixes or documents entered into in accordance with the terms
hereof and thereof. All references to any person or entity will be
deemed to include any person or entity succeeding to the rights,
duties, and obligations of such person or entity in accordance with
the terms of this Agreement. In the event of any conflict between
this Agreement and any exhibits hereto, the terms of the Agreement
will be deemed to control.
12.07 Nonassignability
Contractor agrees that it will not assign ali or any part of
its work or responsibilities under this Agreement without the prior
written consent of the Purchasing Agent and the Commissioner; but
in no case will any such consent relieve Contractor of its
obligations under this Agreement. Any transfer or assignment
19
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without the prior written consent of the Purchasing Agent will
constitute an event of default under this Agreement and will be
void as far as the City is concerned. The City reserves the right
to assign any funds or claims due or to become due under this
Agreement, in whole or in part, or any interest therein.
12.08 Authority
The City has been authorized to enter into this Agreement in
accordance with and subject to the provisions of the Municipal
Purchasing Act for Cities of 500,000 or More population, as
contained in the Illinois Municipal Code, 65 ILCS 5/8-10-1 et sea.,
as amended, and pursuant to City ordinance passed by the City
Council of the City of Chicago on the twenty sixth day of October,
A.D. 1988.
Execution of this Agreement by the Contractor is authorized by
a resolution of its Board of Directors, if a corporation, or by a
resolution or ordinance of its governing body, and the signature(s)
of such person signing on behalf of the Contractor have been made
with complete and full authority to commit the Contractor to all
the terms and conditions of this Agreement.
ARTICLE 13. NOTICES
All notices and communications provided herein should be
directed to Mike Lindberg, Commissioner of Public Affairs, 1120
S.W. 5th, Suite 414, Portland, Oregon, 97204, by first class mail.
All notices and communications to the City should be directed to
Linda Davis, Assistant to the Commissioner, Fiscal and
Administrative Services, Department of Environment, 30 North
LaSalle Street, Room 2500, Chicago, Illinois 60602. All notices
and communications to the Contractor should be directed to:
ALL NOTICES AND COMHONICATIONS WILL BE J)1I'VM1m RECEIVED TDEE (3)
J)AYS AFTER BEING HAXLED IN ACCORDANCE WITH THIS PROVXSION.
ARTICLE 14. INCORPORATIONS BY REFERENCE
This Agreement is subj ect to and incorporates, herein by
reference the provisions contained in the U.S. Department of
Energy's publishing requirements, Exhibit D; the federal Equal
20
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Employment Opportunity regulations, Exhibit E; and the U.S.
Department of Energy's Contract Regulations, Exhibit F.
21
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IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE
EXECUTED AS OF THE DATE FIRST WRITTEN ABOVE.
Recommended By:
CI1Y OF CHICAGO
By:
Mayor
commissioner of Environment
Comptroller
Approved as to form and legality:
Purchasing Agent
Assistant Corporation Counsel
Chair, Urban Consortium
Energy Task Force
CONTRACTOR
By:
Name:
Title:
Attest:
Name:
Title:
Subscribed and sworn to before me
this day of , 19_
Notary Public
My Commission expires:
- =3\--
.
Exhibit A
Project Description/Description of Work Program
..~
..
~L. ~
Urban Consortium Energy Task Force
1996/97 Work Program
Telecenters - The Workplace of the Future
Revised on 9/24/96
Transportation and Sustainable Urban Energy
Submitted By:
City of Chula Vista, California
Department of Administration
Environmental Resources Division
- 3~ ,-
Urban Consortium Energy Task Force /996/97 Work Plan
Project Title: Cit.. efChH1a "iF:ta TeleseRter Telecenter'.f The Worknlaceofthe Future
Proposal Type and Topic: Technolo~v Transfer Transportation and Sustainahle Urban Ener~v
1. Abstract
Purpose of the project:
The telecenters are being evaluated to determine their effectiveness as an alternative mode of
transportation and as a method to reduce trips. The telecenter study examines the potential
impact on mode shift and user acceptability to determine the effectiveness of telecenters. The
purpose of the telecenter project is to:
. Serve as a pilot that will provide "lessons learned" to other jurisdictions interested in
developing telecenters.
. Reduce automobile trips, traffic congestion, energy consumption and air pollution by
replacing vehicle miles traveled (VMT) with the movement of information through state-of-
the-art telecommunications technology.
. Monitor and evaluate activities at the telecenter for their transportation, air quality and energy
reduction impacts.
. Provide a neighborhood-based alternative work environment for workers to telecommute,
which leads to an enhanced quality of life for commuting workers.
The problem to resolve:
The San Diego region includes some of the most congested transit corridors in Southern
California. The City ofChula Vista has a population of 155,450 residents and is the second
largest City in San Diego County. It is home to the U.S. ARCO Olympic Training Center and a
state-sponsored SMARTCommunity project aimed at establishing a city-wide, on-line
community services network to citizens. It is also a bedroom community to the City of San
Diego. Due to local demographics, inadequate public transportation to employment centers, and
demands of multi-worker households, single vehicle trips are growing twice as fast as the
population. Chula Vista is home to one of the largest new town projects in the Country,
comprised of23,500 acres (34 square miles) planned for an estimated 24,000 dwelling units.
Over the next 25 years, the City of Chula Vista will experience a 75% increase in population.
Due to these issues, there are serious traffic, air quality and other environmental consequences
that need to be addressed in Chula Vista.
In order to be proactive in addressing these serious traffic, air quality and related environmental
issues in this and other future development projects, Chula Vista's Environmental Resources
Division initiated an innovative public/private partnership in November of 1993 - the
"Neighborhood Telecenter." Located in residential neighborhoods, telecenters provide
telecommuting workspaces for residents, reducing travel time, air pollution and energy use.
2
- ~y-
Urban Consortium Energy Task Force 1996/97 Work Plan
Project Title: . Cip' AfrRHIa "i5ta Te1eeeRter Telel!enter's The Worknlacl! Q,fthe Future
Proposal Type and Topic: Technoloev Transfer Tran!iinortation and SU!iitainahle Urban Enerev
The potential benefits from problem resolution:
Local governments play an important role in developing, testing and applying new alternatives
that can assist in traffic reduction and energy savings. In this project that will be transferable to
other jurisdictions, we propose to conduct a research study on what has been learned so far on the
successes and failures of operating telecenters as an alternative mode of transportation. The
telecenters are a new planning tool to:
. Provide professional work spaces with computers, fax/modems, telephones, and fax
machines for residents to perform their job and stay in touch with their main office.
. Reduce air pollution and traffic congestion on the region's highway and road infrastructure.
. Promote economic development by providing suburban residents an opportunity to stay in
their communities, resulting in retail and restaurant dollars spent in the community they live,
rather than in the workplace.
. Provide an alternative to commuting to work -- it allows local residents to commute using
telecommunication technology.
The general research process and participants for the project:
The project will bring together expertise from various agencies, such as the Transportation
Management Associations, the County of San Diego Air Pollution Control Department, and Ride
Link of San Diego. The City of Chula Vista Telecenters have provided data and are included in
studies that are being done by the University of California, Davis, Institute. of Transportation
Studies, the San Diego Association of Governments, and the Southern California Telecommuting
Partnership.
T elecenter staff plans to utilize UC Davis' studies, conducted for the past two years, as well as
investigate other published studies that have been or are being done on other telecenters.
Interviews will be conducted with other telecenters in California, examining the reasons why
some centers have closed. Finally, research and analysis will be made on actual energy savings,
which results from the end user-the telecommuter. The number of trips reduced is based on
the occupancy of the telecenter and the variety of users it attracts.
The project will measure and evaluate what kind of impact telecenters have on reducing Vehicle
Miles Traveled (VMT). In order to do this, we will collect survey data from the following
telecenter users:
. City of Chula Vista community members (telecommuters)
. Small start-up businesses targeting South Bay clientele (renters)
3
_ ~c;- _
Urban Consortium Energy Task Force 1996/97 Work Plan
Project Title: Cit' efChyla \liMa TBIBGIRter T6ecenter's The Worko!ace Q.fthe Future
Proposol Type and Topic: Technolo2v Transfer Transportation and Sustainable I1rban Enervv
. Off-peak hour users (partners). In order to maintain high occupancy rates, the telecenter is
developing a variety of partnerships for evening hour and weekend use of its conference
room, classroom and workstations, through added public services like distance learning,
telemedicine, videoconferencing, teleshopping, computer training and more.
2. Research Objectives
The overall goal of the research is to evaluate if telecenters are a viable option for trip reduction,
resulting in energy savings. Specific objectives to support this goal are:
. To identify existing private and public sector programs, products and services related to
telecommuting.
. To identify the successes and failures of the City ofChula Vista Telecenters as well as the
status of other California telecenters, focusing on telecenters that have closed and evaluating
the reasons why those programs did not work.
. To increase the occupancy rates at both telecenters and determine the overall travel savings.
3. Research Plan
This work will build on the Chula Vista Telecenters' successes and failures as well as what other
telecenters in California have experienced to date. The current project seeks to address why
some telecenters have closed, while others continue operating. Telecenter staff will interview
Southern California telecenters that have closed (LaMesa, Modesto, Davis, and Vacaville-Ulatis)
in order to evaluate the reasons why some centers have not worked. The project will bring
together expertise from various agencies, some of which the telecenters have provided data for
telecenter studies that are underway, such as the University of California, Davis, Institute of
Transportation Studies, the San Diego Association of Governments, and the Southern California
Telecommuting Partnership.
Energy savings data from the telecenter project will serve as a model for other cities throughout
the country which seek alternative modes of transportation. The telecenter project will be
monitoring telecenter energy savings through tracking a reduction in Vehicle Miles Traveled of
telecommuters, renters and partners.
The following steps will be taken to evaluate the telecenters accomplishments:
I. Evaluate Chula Vista telecenter operations to date and develop recommendations for changes
or improvements for future telecenter developments.
2. Identify and list reasons why other California telecenters have failed and if there are any
possible solutions to their failures.
4
3~-
Urban Consortium Energy Task Force
1996/97 Work Plan
Project Title: rip' RfCl::nda "1!i;ta TeleeeRte!r Teleceftter's The Worknlace Q.fthe Future
Proposal Type and Topic: Techno102v Transfer Tram;nortat1on and Sustainable Urban Ener'tv
3. Collect evaluation data that will include sign-in attendance logs for both Chula Vista
telecenter sites. This data will identify vehicle miles of travel saved.
4. Track Chula Vista telecenters' occupancy rates, resulting in any measured improvement in
energy savings through calculated reductions in vehicle miles traveled.
5. Track Chula Vista telecenters' marketing responses to evaluate what sort of marketing
techniques (newspaper, radio, direct mail, etc.) get the best response for the telecenters. The
marketing responses are tracked by first asking all clients that contact the telecenters how
they heard about it, and then adding them to the telecenters database.
6. Compile data on operating costs for the Chula Vista telecenters and evaluate, based on
operations to date, how much it costs to build a telecenter and operate it.
7. Compile data on revenue brought into the Chula Vista telecenters to date and evaluate how
viable it is that the telecenters will achieve self sufficiency through revenue opportunities.
4. Task Descriptions
TASK 1: Background Research
1.1: Examine the experience of other California based telecenters through researching existing
studies and conducting interviews with other telecenters. Compare elements about the other
California telecenters' successes and failures with the City of Chula Vista telecenters.
1.2: Evaluate overall telecenter effectiveness based on occupancy rates, shared-usage
partnerships, and energy savings.
TASK 2: Evaluation of demonstrated Energy Savings through vehicle miles of travel
(VMT) data collection.
2.1: Track and evaluate telecenter usage and travel distance information through collecting
survey information and daily telecenter sign in logs.
TASK 3: Develop a FiBal Report Guide Book that will be the final report and can be used
by other jurisdictions interested in developing and implementing a Telecenter. Also
Prepare an Executive Summary that will be attached to thefinal Guide Book.
3.1: Pfe]9are 8 fiB&l repeR iftshuliag e8ek-gre1Uld researea fiREliBgs eft \~/aat has heeft leamed sa
far e8 tlte Slieeesses &BEl faih:lfes ef 8fJef8.ting teleeeRtefS as 8:R alteFBaave made ef1fanSp9Ftatie9:.
3.2: DevelsfJ a BRaI 'epert tkat 68ft Be \l5ea hy teleeeater maR8gers &. these iftterestea is
aeveleping teleeeRters.
5
- 3\-
Urban Consortium Energy Task Force /996/97 Work Plan
Project Title: Cit,:/ FIr CRula "ista TeleseRter Tele~enler'... The WnrknlQ~e of/he Future
Proposal Type and Topic: Technolo~y Transfer TransDortal;on and Sustainable tIman Ener~v
5. Organization and Management Plan
The City of Chula Vista acts as project manager, and provides management and administrative
oversight for the day to day operations of the centers. The City provides regular progress reports
to all primary funding providers. City staff members regularly report to the City Manager and
City Council on the progress of the telecenters. Staff also work with a citizens advisory
committee on various management and operational issues.
The Organizational Chart for Telecenter management is as follows:
,
I
City Manager
I
I
CITY COUNCIL
Fundin Sources
Cox Cable, APCD, CEC via SANDAG
I
UC-DavislCaltrans
I
I
Environmental Resource Manager
I
j
TELECENTER AD HOC TASK FORCE
Telecenter DirectorfTelecenter Technology Director
6. Work Statement and Schedule
TASK 1: Background Research
Activity Period: Months 1-6
TASK 2: Evaluation of demonstrated Energy Savings through vehicle miles oftravel
(VMT) data collection.
Activity Period: Months 1-10
TASK 3: Develop a FiRal RepeR tllat will iBelllde a Guide Book that will be theflnal report
and can be used by other jurisdictions interested in developing and implementing a
telecenter. Also Prepare an Executive Summary that will be attached to theflnal Guide Book.
Activity Period: Months 6-12
6
_~"1S -
Urban Consortium Energy Task Force 1996/97 Work'Plan
Project Title: Cif?' RfCl:n:ila "ista TelessRter TI!/e(!l!ftll!r'S The Workpla~l!ofl"l! Futur/!
Proposal Type and Topic: TechnoloiY Transfer Tran~portation and Sustainable lJrban Enervv
A tirneline for execution of these tasks, along with scheduled reports and meetings, is attached on
the following page
7. RepsFt Guide Book Description
1. Project Description
2. Geals aRa OBjeetiyes Criteriafor locating Telecenters
3. Start up and General Operations
4:- IBeelRe ana Bnf3eRses fer T eleeeater Operatisas
~ CIulla Vista teleeenter BHsiRess J'!lan
~ Ckl:da \Tista teleeeater Rlarb~tiRg plan
7. Marketing a Telecenter
8. Training and educating Managers and their Employees at developing a successful
telecommuting program.
9. Prejeetea Baerg)' 8a-viRgs aRa VMT BeRefits Evaluation criteria used in tracking energy
savings
1 g. Prej eet ResHlts
11. ReeemrneflaMieRs aRa Oeser/MieRs (LesseRs Leamea) General Pros and Cons of Building
a Telecenter in your Jurisdiction
The final Fef*IR Guide Book will be transferable to other jurisdictions and can be used as a
gHiaeeeek how to guide. In addition, the City will add it to their telecenters Internet Home Page
(www.ci.chula-vista.ca.us ).
8. Resumes
Attached.
- ?'Ci -
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DOE F 4620 I U.S. o.p."""."t of e"..-gy Ot-oIe~I/OINo
{fJ4.P3J Budget Page 1'10-1.&00
AJt ~ E6"""s A,. oc.or.'. (Se-e rev8fH fOf Inlll'\.lctlCn$) OMS 8..,.ae... O'S'CIo....'.
$q:'.""'t'l1 on Ft....'W
OAG.-.NIz..,.,TION I
City of Chula Vista Telecenter a..o;et Paoe "'0 1
PRINCIPAL INvES1,G...rOA (PlyPROJECT DIRECTOR tPO)
Barbllra Bamberger "eQ~II*, Ovr"1OI'I 14 (....Ol'lrfls)
... SENIOI=! PE=1S0NNEl PI/PO c.o-PJ's r:aC'\.l!f'y _no~' 5.1'1001 Au""..,., ~"= '1oII"OJ AeQ....sleO FII"dIG'."I~
CLa$I:.Kh HDI,.t_,., wttn "'Ie. "'.7 ShOw I'\UmOer '" blaca.llslJ
CAL ACAO SUMR .., ApcI4CaI'lI ",OOE
1 Project Manaapr _ d~n:ro .hr~h~", 17 Q~n nn
2
3
.
5
6 , I OTMEFlS (LI$T INDIVIDuALLY ON eUDGET EXPLANATION PAGE,
7 I ) TOTAL SENIOR PERSONNE!..11-6)
B OTl-lE~ PE~SONNEL. (SHOW NUMeE~S IN e=....cK[jS)
, I ) POST OOCTOFlAl ASSOCIATES
2 ( I 01...[1=1 PFiOHSSIC)NALS ('TECMN!CIAN PFlOG~"~~MEJ:I ETC I
3 (V I G.A:>uATE STUOE..rTS ' ~.,o ~"
. ( I UNOEFlGFiAOUA.TE STUDEN'TS
5 I ) SECr:;:., "RIAL . CLE~ICAl I
6 ( ) OT..,E;::I. I
TOTAL SAJ..,A.!=;\ES ANO WAGES (A. B)
C ~;:tINGE BENE=!":'S (IF' CH"~GED AS OI~ECT COSTS\
iOTAl SAL"'F;iES. wAGES AND FFlING~ eENE;::TS (A . S . c) 10 /,:I;J:! nn
D. PE;::IM,t..NE"''' ECUIPMENT (I.IS" ITEM AND DOu.AA AMOUNT FOFl; EACM :':'::'.11
I
I
I
TOTA.L. PERM....NEN'T EOUIPMEN'T
E.TRAVEL. 1. OOMEST1C (INCL. CANADA AND U S POS5=SSIONSI ?nnnnn
2. FOREIGN
TOTAl "rRAvEI. ? nnn
F TRAINEE/P....RTICIP....NT COSTS
t. STIPENDS (ilemlze........ typeI
. ICKalS on budge! .,.urcallOn Pl9'1
2. TUmON & FEES
3. TRAINEE TRAVEL.
4. OTHER (luItv ."In Of'! ~tioft NOel I
TOTAL. PARTICIPANTS ( ) TOTAl. COST
G OTHE~ D'~ECT COSTS
1. MATERIAI.S AND SUPPL.IES 100.00
2. ~8LICA71ON COSTS/DOCUMENTATION/OISSEM'NATION 'OA, nn
3 CONSUL TANT SE~VICES I
. COMPUTE~ '4DPI SE~VICES I
5 SU8CONT~ACTS I
6 OTHE~ (PostaQe, telechone) , Ann nn I
TOT AI. OTHER DIRECT COSTS 1_R41 nn
H TOT "I. DIREC" COSTS (A THROuGH 0) $23 499.00 I
P INOI?~CT COS~ ,SPECIF' RATE A~-' I
roo gr.= r1nge bene S/Medicare) hrly wg $16.30 x 1100 hrs= 1,411.10
Gro~t~h:Ec~~g?lfoedicare) Hrly wg $9 x 192 hrs = B9.90
J TOTAL. DIRECT AND INOtREeT COSTS (H . I) t?1; nnn nn I I
K ......OUNT OF ANY REQUIRED COST.$H,t.RINC FRO'" NON.FEDERAL. SOURCES 1
$25.000.00 I
BUDGET EXPLANA TlON PAGE FOR FORM ER 4620 ]
Please provide detailed data, in narrative form, to support each Cost Category as follows:
1. PERSONNEL
.
a.
Identify each position to be supported under the proposed award by title.
Project Manager
Graduate Student
b. Briefly, specify the duties of professionals to be compensated under this project.
Project Manager: Responsible for facilitating the overall project to ensure that it is
conducted in accordance with the approved work plan, budget and schedule. Also
responsible for the day-to-day management and operation of the project, writing the
technical documents, and submission of quarterly reports.
c. State the amounts oftime, such as hours or percentage oftime, to be expended by each
position under this project.
Project Manager: 95%
Graduate Student: 5%
d.
State the amount of compensation to be paid each employee, student, or assistant under this
project.
.
Project Manager: $17,930.00
Graduate Student: $1,728.00
e.
State wether the proposed compensation is consistent with that paid other personnel engaged
in sim ilar work both within and outside your organization.
Yes, it is consistent.
2. FRINGE BENEFITS
a. Indicate the basis for computation of rates, including the types of benefits to be provided.
Project Manager's Benefits include Medicare and PERS which total 7.87% of salary
Graduate Student's Benefits include Medicare (.251 % of salary) and PARS (.648% of salary)
3. TRAVEL
a. Identify total Foreign and Domestic Travel as separate items.
Domestic Travel: $2,000.00
- 4'2 ,-
b. Indicate the estimated number of trips, points of origin and destination, and purpose of
travel.
Two (2) Unit Meetings
Origin: From San Diego to PTI-UCETF Destination
c. For each trip, itemize the estimate of transportation and/or subsistence costs.
Airfare, Hotel, Meals and Ground Transportation:
$1,000.00 x I participant = $1,000.00 x 2 trips = $2,000.00
d. Specify the basis for computation of each type of travel expense (e.g., current airline ticket
quotes, past trips ofa similar nature, federal government or organization travel policy, etc.)
Based on PTI-UCETF proposed budgeted amount.
4. EOI JlPMENT
a. Indicate the estimated unit cost for each item to be purchased.
Does not apply.
b. Provide the basis for cost estimates.
Does not apply.
c. Briefly justify the need for items of equipment to be purchased.
Does not apply.
5. MATERIALS AND StJPPI.IES
a. Itemize materials and supplies estimates by nature of expense.
Office supplies (paper, diskettes, binders, etc.): $100.00
b. Provide the basis for cost estimates or computations (e.g., vendor quotes, prior purchase of
similar or like items, etc.).
Based on prior purchase ofsimilar or like items.
6. CONTRACTS AND StJBGRANTS
a. Describe the products to be acquired, and/or the professional services to be provided.
Professional services will be provided by City Staff.
_ 1/2_
.' .
b. Provide a brief justification for the use of the contractors selected.
Does not apply.
c. For professional services contracts, state the amounts oftime to be devoted to the project,
including the costs to be charged to this proposed grant award.
Professional services that will be granted by City Staff will be provided at no cost to this
proposed grant award.
Graduate Student will work: $9.00 @ 8 hours per week for 6 months
d. Are any sole source contracts contemplated? Provide sufficient detail for justification of the
use of a single source for contracts in excess of $25,000.
Does not apply.
.
7. OTHER
a. List items by major type.
Publication costs!documentation!
dissemination & Printing:
Telephone:
Postage:
$ 341.00
$ 1,200.00
$ 200.00
b. Provide the basis for cost estimates or computations.
Based on forcasted expenses.
c. State whether contingency reserves are included in this category.
Does not apply.
8. INDIRECT COSTS
a. State whether the amount requested is based on a rate approved by a Federal Agency.
Does not apply.
b. If no indirect cost agreement approved by a Federal Agency exists, state the basis for the
amount requested.
Does not apply.
,
.
- "-'\4 ...
- _._-
..Barbara Btunberger...........Z939 Cowley Wq #E....._.....S_ Diego...... C...... 9Zll 7....... 619. Z 76. 1010...
OBJECTIVE
To develop IIIId ovenee IDlemallonal eonselVallon proJeeb IBIder the ....piees of a non-
lovemmental organization.
PROFESSIONAL EXPERIENCE
ENVIRONMENTAL RESOURCES MANAGER
City of ClnJa v,"
ClnJa v...... Cllifarr1i4
lJ91-prr>nU
Directs the City', environmental planning efforts to bring innovative conservation po1icies
and programs forward to the City Council and region
Initiated regional cc:otourism task force for San Diego Bay
Implemented long-range environmental business development project to promote
environmental technology transfer (first economic development effort designed to
encourage environmentally.sultainable businesses to loutc along the U.S.- Mexican
border)
Staffed park planning, refuge p1anning and other wildlife management efforts
Initiated selection of Chula Vista as one of fourteen cities throughout the world
participating in international municipal effort to reduce "sreenhouse sases" through the
implementation of a local Carbon Dioixide Reduction Plan
Develops and manages projects supporting electric &. alternative fuel vehicle development
and consumer use within the City
Managing the complete development and utilization of tv.'o telecenters ~ bi~tech
telecommuting centen bringing tithe work to the worker instead of the other way around",
CO:-;SERV A TIO!'> COORDINATOR
SUrra CIMb. Sa Diqo ChttpIer
Sa Diqo, c.Iifr/rrtill
'''7-1''1
Researched, developed and authored legislatiiDO em various environmental iuues for all
levels of lovemment relatiDS 10 ......se. enollY, lCIOurcc m....sement ud other
environmenta1 policy issues
Ac\cd as press liaisDO; developed I1Ory~lines on environmenta1 issues for local media
Represented Sierra Club policies at public bearings at every leve] of lovemment and to
the media
. Orpnized and implemented c:oa..rvation campaiPI aDd CIIviroDmentaJ lelillaticm 011
bebalf of 16,000 member chapter
. Coordiuted political efforts for aadoned _didates. public ",Iatioos for iBitiative
campaiBns~
. Authored moolbly aaviroamaatal colum. for The HI S/e"", .....paper. u well u op-cd
articles for Ibe Los Anselea Time. and San Dieso U.ioo; 81Ie.1 .peaker 011 televiliDD.
radio, and at public appearances
RESEARCH ASSIST.4.NT.~1N em. NATURE RKSERV~
NitIwe .R..- AMIbtIriI7. ,...1
1'16
. first American admitted to atudy Leopard behavior aDd manasement uader nDowned
laraeli ",searcber, Oion llani.
. Succe..fiIIly tracked and analyzed bebavionl patterns of spotted leopard..
. Operated .tate-or~tbe..rt telemetric: equipment to compile and record stlustical data
- Lf~ .-.
DIRECTOR OF COMMUNITY ORGANIZING
Eon SitU BOIl';". Action Coali,ion. MiluJ_lue Wucoftlin
1111-15
Fonnulated r.ir-bousing poJicies for low-income neighborhood organization. Managcd and
directed fair-boulinS research ltudy. resulting in the creation of anti.redhninslawl.
. Developed grals-roots leadership to effect politica1 changes for low-income community.
. Authored arants and contracted with businesses. gcnerating 535,000 of funding
eontribunons.
Coordinated neighborhood watch programs. and anti~rime public relations campaign.
iocreasing membership by 7S-/..
ASSISTANT POLITICAL EDUCATION DIRECTOR. AIPAC
btnican 1...1 hh1ic A/fllirs a. L ,._. ............. D.C. s--r 1"3
. Researched and analyzed political education programs aimed to generate grass-roots
leadership.
Assisted in the development and organization of nation at policy conference designed to
enhance United States-Israel relations.
Coordinated workshops and seminars. resulting in the participation of over 1 SOO members
throughout the United States,
APPOINTMENTS and AWARDS
Appointed by EPA Secretary Browner to the Governmental Advisory Committee to advise
on the implementation of the North American Commission on Environmental Coorperation
under NAFT A
Department A wards:
1996 Energy Conservation A ward. SDGEINRDC
1994 "Sustainable Lifestyles" award.. County of San Diego
1996 ACES (Assuring Compliance with Energy Standards) Awards. California Building
Officials Award
1994 "Community Acitivism" Award - San Diego Sima Club
1990.91 national recipient of the Oerman Marshall Fund of the United States
Environmental Fellowship Program.
Recipient of the 1989 "Outatandin8 Youn8 Women of America" Award.
. Named in the "Who's Who of Ca1ifomia" pubJication.
SKILLS
Computo. ope..__: excel, wonlperfect 6.0, intemet, etc.
IAnpa,es: Hob,"" apaniah (readin8 le.el only)
EDUCATION
Valvenlly of Wbcolllin . Mldian.
Bachelor of Science: Economics
Empha.is: EDviraDmeatal Studies
1980 . 1984
Valvenlly of Callfo_a - S.. DIeco EII_IoD 1988 . 1995
Onduate le.ol ........ in En.i....m..taI '06ey ad NelOn! ResouIU Manas-..t
~
Yb--
Angie L. Jarchow
_;109 Keats Street #2 San Diego, CA 92106
EDUCATION Humboldt State University
Bachelor of Ans
Major: Journalism (Focus in Marketing)
(619) 223-9225
Arcata. CA
May 1990
1994 - Present
PROFESSIONAL EXPERIENCE
1992-1994
1990 - 1992
1991
1988 - 1989
QUALIFICATIONS
City of Chula Vista San Diego. CA
Telecenter Director
Directs. operates and markets the City's telecenters project. The City bas two bi-tecb telecommuting
centers bringing "the work to the worker instead of the other way around.
KITS Cameras, Inc., Corporate Office Kent. W A
Advenising Coordinalor
Plan and maintain budgeting. marketing strategies and goals. Maintain production schedules. company
profit planners. and reliable communication cbannels. Coordinate the communication. distribution,
placement and quality control of aU advertising materials. Verify ac=acy of all print media and that
they match product mixes and promotionaJ plans. regional pricing and special offels. Administer
scheduling. logistics. communication and distribution ofpromotionaJ programs to 120 KITS Cameras
retail stores through memos and phone contact. Verify advertising invoices for payment. Prepare
monthly reports. tracking deparunent accruals and plocessing and claiming COOP advertising funds.
Develop special promotional ideas for stores such as camera classes. video classes and photo contests.
F. Robert Bell & Assoc. Prudhoe Bay. AK
Office Manager
Duties included office management, payroll, weekly and monthly cost reports. monthly invoicing, da1a
input and word processing.
Faulkner, Banfield, Dougan & Holmes
Lega/ DocumLnlS Clerk
Anchorage. AK
Alaska Petroleum Contractors
Summer Hire/Secrelary
Prudhoe Bay. AK
Highly Inquisitive, confident. and a fast learner with excellent oral and written communication skills.
Computer Literate on IBM and Macintosh. Extensive experience with WordPerfect 5.1. Miaasoft Word
& Exctl. Lotus 1.2,3. Quattro Pro, R-Base and mainframe environments.
Team Worker; keep department managers informed on status of projects. including delays. changes, and
potential opportunities. Coordinate logistics of promotions md advertising copy with other bome
office departments at Kits Cameras.
EdltinglProoftng, bighly accurate md detail oriented. Redesigned IDd maintained all IIIdtess blocks for SS
newspaperS that KITS Cameras advatises in. Assisted with production of semi-mnual. four color
catalogs ranging from 8 to 36 pages in length. Responsible for organizing all product sku's.
descriptions &: regional pricing md gathering those products for photo shoots. AdditionaUy responsible
for writing copy. monitoring ~""Hnes, store locations, and all shipping of the fiyer in direct
conjunction with the printer.
Coordinate Special Projects md events; ereated a system to keep Irack of KITS Cameras stores that offer
I-Hour pbotofmisbing and develq)ed a signage package IDd memo to promote this to the customer.
Created a Grmd Opening signage package for DeW KITS stores, u well as a lignage inventory book for
those stores already DpeII. Generated a signage an:bive system for out-of-date promotiODaI atore signage.
and ~JlDized entire sigoage room to ma"imi7" efficiency. Set up Ad Codes on mainframe for
product downloading to mail store cash registtzs for each promotion, allowing sales reports to be
analyzed for each product adwrtised.
Volunteer _ American Cancer Society, Eureka, CA. Created a newsletter IDd organized fund-raising for a
public relations campaign (1990). .
Volunteer _ Eureka Veterinarian Clinic. Eureka, CA. Prepared a Spring newsletter (1989).
ReporterlBroadcaster KHSU-FM. Student-run radio station. Covered the Eureka Boaro of Supervisors
weekly meetings md broadcasted local newS (1990).
Reporter/Advertising Osprey. HSU. Served two semesters selling advertising space, writing articles and
plrticipating in the production of this magazine.
- \...j'l -
.
Exhibi t B
Budget summary
.
r y~ ___
"
CITY OF CH IC~GO
PROJECT BUDGEi
~IIIII of PrOJect
City of Chula Vista Telecenter
N.... lGaress. ana Z1p coae of aelegate agency
Barbara Bamberger, Environmental Resource Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
TYPE OF ,linTY - 1s tne ent1t)' I (C:/leClt appllC10le oox or oozes/:
~ C1~y Oepartllllnt .0 Puelic "gency
o Prhlte (nonprClf1t) 0 Private (Profit "Iking)
o NeigllOorI'C0c1-0u.a
o Other
METiOD OF ALLOCATION - If cost is to be shared by Gthers aclc1 an apllnltory
s~lt...nt -"icn ic1entifies the shlring entity (or entities) lna the IIIItftOd of
al1 oCltian.
FUND rIG SOURCE (ChICk)
o DEPAR'MHT CF ENERGY
o ~"er (P1I.se hpllin)
FOR OIICAIiO USE ONLY
Grlnt progr.. Category
OIscr1pt1ve Title
~oe Nu_I'
Fund I AciY1ty Nllliler
.
- YCj ,-
BUDGET SUMMARY
FOR CHICAGO USE ONLY
FUND NO:
CONTRACT NO:
NAME OF PROJECT
NAME OF DELEGA'IEAGENCY City of (hula Vista
.
A. B C. D. E.
COST CATEGORY ACCOUNT DOE 01HER TOTAL COST
NUMBER SHARE OF COST SHARE
Salaries (5105) OOOS $19,658.00 $19,658.00
~~B:' gr'll 1 o.n no
FrinEe BeDefits M D 143 0004 1.840.00
"""..
POSIaI!e (5218) 0130 ':Inn.nn -ann nn
CoasulClJl1S 0140 --- ---
Priming 1'i:71" 0150 'ion nn can nn
Eaunnnellt Relnal 0157 --- ---
S~.=uc;ons 0166 --- ---
Tecimical Mee1in2s 0169 --- ---
Tel=hcme (5252) 0186 Cll2.nn Q12 nn
Travel I<;??" 0245 , enn nn ' r;nn nn
Local TI.......... e.tioD 0270 --- ---
COI~.."",hle ~lies I 0350 ?nn nn .,nn nn
Office MaehiDes 0422 --- ---
Overhead 0801 --- ---
TOTAL: 25. nn 25 000.00
. $UBMI1"IED BY:
SIGNATURE
(DATE)
Bob Powe", Director of Finance
. NAME ud 'nn.E ( Type ex Prim)
APPROVAL:
BY
cmCAao
(DATE)
.
UJIda Davis, Asllt. CO the C-., DepartlKnt of EDY1~Dt
NAME ud 'nn.E (Type or Prim)
,"
-$0-
rrrv Ar.~NrY
PERSONNEL
N.me of Project: Cit of Chula Vista Telecenter
N.me oft.-d ACOOCY: Cit f
N.me of Delecl1e ACeDCY: C it of Chu 1 a Vis ta
FOR CHICAGO USE ONLY
FuDd No:
c:omna No:
(a) (II) (c) ~ (c) (1) CI> ..)
No. I'IIoiIiaa_T1IIc "'- ..r No. of DOE OIlIer TOTAL
of ...." per ... ..... .... cosr
Pen. ..oo!!
1 Project Manaaer 1494.16 50% 12 17930. nn
1 Graduate Student/Intern 288.00 6 17'R -nn! '7'Rnn
---. ,,,~c,, nn IC/;<.R nn
- ,. 111ILn nrl 'CAn nn
. . Project Mar's benefits: PER~= 8.31% and
Medicare=I.45~. which total 9.76% of salary. Intern'
benefits: PARS=3.75% and Medicare=I.45% which total
5.20% of salary. -
-.' -. 21498.0n. 21498.00
F-133-" <F--_I, Cl)-13)
-,.,.......,..-
For CbIc::qo Use 0DIy
FUND NO.
CONTRACT. No.
RTmr.FT TTI~'TWT(,ATTnN
Nome of Project Cit of Chula Vista Teleten er
NomeofDe1epteA&eDCY City of Chula Vista
for eow::b coot CIIecorY. provide . cIeIaiIecI breakdown of ..pec>d....... 1ISiD& die accouIIIllUlllben mil tides from: CITY OF
CHICAGO ACCOUNT/OBJECT CODE USTINO FOUND ON PAGE 48
~""'I Cost Cale&OI)' B. C. D. E-
. . C.u-It....., Travel. eIC. \ Aod. No. USDOE Otber Sbare TacaJ Cost
Postage (5218) 0130 300.00 300.00
Printing (5212) 0150 590.00 590.00
Guidebook
Telephone (5252) 0186 912.00 912.00
Travel (5221) 0245 1500.00 1500.00
Two Unit Meetings for one
person @ 750.00 each
Supplies (5301) 0350 200.00 200.00
Paper, diskettes,
Binders, etc...
.
TOTAL: 3626.00 nn
- '"5'2- -
Exhibit C
Contractor's Affidavit
(For UCETF Consultants)
"3 -:s ~
Exhibit D
Department of Energy Publication Requirements
.
~y
DOE PUBLICATION ~OUIRE~TS
The following reflec~s ~e curren~ available materials on federal
and 'DOE regulations pertaining to publication. All cities,
counties, and consultants .ust comply with these regulations.
C-- cc- -
TECHNICAL PROGRESS REPORT/TOPICAL REPORT/FINAL TECHNICAL
REPORT
.
The scientific, technical, and practical information that results
from DOE-sponsored energy research, development, and
demonstration (RD&D) Ictivities must be reported fully and
promptly to OOE in order to provide the information to industry,
educational institutions, and other interested members of the
public. The TeChnical Progress Report, the Topical Report and
the Fiscll Technicll Report ere used for this purpose. These
reports ere shailer in format they differ in their scope and
specific content.
Technical Progress Report
The Technical Progress Report is the principII lIeans by which DOE
Ind the public Ire informed of the technicll results achieved on
its RD&D projects during specified time periods. This report
summarizes the work performed during the reporting period and the
technicll results' achieved, includi ng scientific and
technological findings. Current technical problems, if any, are
described Ind suggested corrective action is included. The
report should 11so indiclte the work to be undertaken during the
next reporting period.
Topicll Report
The Top1cll Report is I comprehensive technicll report used
either to document new scientific or technolog1cll findings or to
describe the results obtlined in a specific task or phlSe of I
contract. It summlrizes the work Ictivities of the task or phlse
or those Ictivit1es leading to the new scientific or
technological findings Ind provides I comprehensive description
of the results aChieved. It must be a complete. stand-II one
report. including necesSlry tlbu1ltions of dati. figures.
photographs. pertinen~ references and b1bl1ographic citations.
Final Technical Report
The Final Technical' Report is a comprehensive report of the
results achieved 4uring the l1fe of a contract. It is I
technically oriented account of the investillltion, su...r1zing
all wo rk act k1.t 1 es pe rfo r.ed duri nil tile ent ire li fe of th e
contract and providi ng a cOllprehnsive description of the results
achi eved. It Ihould allo include necessary tabu1ltions of dlta,
f1l1ures, photographl, pertinent references. and bibl1 ographic
citations.
.
- $6 -
Forma t
Except for the cover and title page, no format is specified.
However. elch Technical Report must contai n It least tne
following (1) Cover. (2) Title Page. (3) Table of Contents. (4)
Distribution list. (5) Abstract (200 words or less). (6) Concise
Description of Project. Ind (7) Body of Report.
Technical Report covers Ind title plges must contain the
following information: (1) Classification (if specified in the
contract). (Z) DOE Reprt Number (IS specified in tile contract).
(3) Report Title. (4) Type of Report Ind Period Covered. (5) Date
of Report. (6) Nlme and Address of Reporting Orglnization. (7)
Author, (8) Contrlct Number. Ind (9) DOE Sponsorship Credit. The
title plge 11so aust belr the distribution code specified in the
contrlct. .
The DOE legal discllimer will appelr on the inside front cover or
title plge of each. Technicll Report. 110ng with the standard
notice of lYailability from the National Technicll Information
Center (except for Liquid Metal Fast Breeder Reactor reports.
lVa Hable from DOE). Unless otherwi se speci fied in the contrlct.
the legll dfsc1lim~r slll11 read:
lonCE
This report was prepareel as an account of wort sponsored by an
agenc)' of tile united States 'oyernaent. leitller tile United
Stites nor any Igency thereof. nor any of their employees. aates.
any warranty. expressed or 1.p11 eel. or asnaes any 1egll
"ab111ty or respons1bl1ity for any th1rd party's use or the
results of such ne of alii hforaat1n. apparatn. product or
,rocess dhctos" 1a th1s report. or represents that 1ts ue by
such th1rd party would .ot 1.fr1nge pr1.ately DIm" r1ghts. .
The ..1n body of eacll report sh.11 be prefaced by an .bstract of
no .ore than ZOO words. The abstract shl11 be of the 1nforalt1,e
rltller than the.descrfptf~e or tndicattye type. un1ess tile nature
of tile report prec1udes the preparatton of an tnforalthe
abstract (e.g.. reports wtth ..ny contrtbutors. btbHoguplltes,
etc). Use of the Internattona1 Syst.. of Untts ($1) is
encouraged. Custo.ary equha1ents .t11 be parenthettca"y
fncluded f0110wfng the 51 unfts.
- 5,-
JOURNAL ARTICLES AND TECHNICAL PAPERS
ODE encourages the dissemination of the results of research
thrOugh publication in recognized scientific journals and by
participation in appropriate conferences and symposia. In some
cases, DOE may require that any paper or article based on the
contract effort be submitted to DOE for review and patent
clearance prior to presentation or publication. This requirement
w111 be included in the contract when applicable and five ,copies
of each .anuscript will be submitted to DOE for review.
DOE requires that all articles submitted for PUblication be
accompanied with a notice to the publisher (and any other
recipient) stating that, the Government retains its right to
nonexclusive royalty-fr'ee license in and to any copyright
coveri ng the paper. Acltnowl edgement of DOE sponsorship in all
publications and proceedings is also required.
If the effort under I DOE contract is such that results (interim
of final) should be published or presented, certain associated
costs .ay be proposed for inclusion in the project budget. These
would include appropriate conference costs, page charges or other
printing ISsessments 1evied by recognized scientific j,ournals,
and costs incurred in obtaining a limited supply of reprints.
The number of reprints require will be established separately in
each contract. .
There is no speci al DOE fol'lllt for articles or papers.
.
.
'5"~~
A p pe nd 1 It C
(3) Promptly notify the Contracting Officer in writing upon
the award of any subcontract conUining a Patent Rights
clause by identifyi ng the Subcontractor, the work to be
performed under the subcontract. and the dates of award.
and estimated completion. Upon the request of the
Contracting Officer. the Contractor Shall furnish a copy
of the subcontract to such requestor.
(f) Publication
In order that information concerning scientific or technical
developments conceived or fi rst actually reduced to pract ice
in the course of or under the contract is not prematurely
published so IS to adversely affect patent interest' of OOE. ,
the Contractor agrees to submit to the Patent Counsel for i
patent review a. copy of each paper 60 days prior to its i
intended publication date. The Contractor may publish such I
information after expiration of a 60-day period or SuCh I
longer period IS mutually agreed to.
ARTICLE C-v RIGHTS IN TECHNICAL DATA
(a) Definitions
(2)
-Technical Data- .ans recorded information. regardless
of form or chlracteristic. of I scientific or technical
nature. It mlY. for exa.ple, document research,
experimentll, devel oplllentll. or demonstration. or
engineering work. or be uSlble or used to define I design
or process. or to procure. produCe. support: ..intlin. or
ope rite mlterial. The dau lilY be graphic or pictorial
delineations or related perfor..nce or design type
docullents or computer software (includi ng
documentltion). EXlllples of technicll dati include
research and engineering dltl. engineering drawings and
ISsociated asts. specificltions. standards. process
sheetl. ..nul\s. technicll reports. catalog it ell
identificl~ion. Ind related infor..tion. Technicll dati
as used. herein dOeS not include finlncial reports. cost
InalyslS, and other inforllUion incident 11 to contract
adllinistration.
.Proprietlry Dltl- lie Ins technical dltl which embody
trade secrets deYeloped at priYlte expense. such IS
design procedures or techniques, ch..icll compositions of
.aterials. or .Inuflcturing methods, ,rocesses, or
treltllents, including IIi nor aodifications thereof.
,roYided thlt such dati:
(i) Are not-generllly known or IYlillble from other
sources without obligltion concerning their con-
fident ia11 ty:
(1)
-~-
SUBMYT FYVE ORYGYNALS
Exhibit ~
DOE Equal Employment Requirements and Assurances
.
-CdJ~
DOE F 16005111-901
OMS Control No.
1910-0400
U.S. DEPARTMENT OF ENERGY
ASSURANCE OF COMPLIANCE
Nondiscrimination of Federally Assisted Programs
The City of Chula Vista (Hereinafter called the "Applicant")
HEREBY AGREES to comply with Title VI of the Civil Rights Act of 1964 ,Pub. L. 88-352). Section 16 of the Federal Energy
Administration Act of 1974 (Pub. L. 93-275). Section 401 of the Energy Reorganization Act of 1974 (Pub. L 93438). Title IX
of the Education Amendments of 1972. as amended (Pub. L 92.318. Pub. L 93:568. and Pub. L 94-482). Section 504 of the
Rehabilitation Act of 1973 (Pub. L. 9:':1-112). thE Age Discrimlna"on Act of 1975 (Pub. L 94-135). Title VIII of the Civil Rights
Act 01 1968 (Pub. L. 90.284). the Department of Energy OrganIzation Act 01 1977 (Pub. L 95-91). and the Energy Conservation
and Production Act 01 1976. as amended (Pub. L. 94-385). In accordance WIth the above laws and regulations issued pursuant
thereto. the Applicant agrees to assure that no person in the UMed States shall. on the ground of race. color. national origin.
sex. age. or handicap. be excluded from participation in. be dented tile oeneltts of. or be otherwise subjected to discrimination
under any program or activity in which the Applicant receives Federal assistance from the Department of Energy.
Applicability and Period of Obligation
In the case of any service. financial aid. covered employment. equipment. property. or strUcture provided. leased. or improved
with Federal assistance extended to the Applicant by the Department of Energy. this assurance obligates the Applicantfor the
period during which Federal assistance is extended. In the case of any transfer of such service. financial aid. equipment.
property. or structure. this assurance obligates the transferee lor tile period during which Federal assistance is extended. If
any personal property is so provided. this assurance obligates the App40cant lor the period during which it retains ownership
or possession 01 the property. In all other cases. this assurance ObIogates the Applicant for the period during which the Federal
assistance is extended to the Applicant by the Department of Energy
Employment Practices
Where a primary objective of the Federal assistance is to provide emQIOyment or where the Applicant's employment practices
affect the delivery of services in programs or activities resulting trom Federal assistance extended by the Department. the
Applicant agrees not to discriminate on the ground of race. colOr. nallOnal origin, leX, age. or handicap. in Its employment
practices. Such employment practices may include. but are not ~lnI1ed to. recruitment. recruitment advertising. hiring. layoff
or tennination, promotion, demotion. transfer, rates of pay. Ifaltllng ana participation in upward mobility programs; or other
fonms of compensation and use of facilities.
Subreclplent Assurance
The Applicant shall require any individua1. organization. or other entity WIth whom it subc:OntraCts. subgrants. or subleases for
the purpose of providing any service. financial aid. equipment. pr~. or structure to comply with laws cited above. To this
end. the subrecipient shall be required to sign a written assurance torm. however. the obligation or both recipient and
subrecipient to ensure compliance is not relieved by the collechon or SUbmission 01 written assurance fonms.
Data Collection and Access to Records
,
The Applicant agrees to compile and maintain Information pertalNng to programs or IICIivities developed as a result of the
Applicanfs receipt of Federal assiSfanC8 from the Department 01 Energy. Such informaIiOn shall include. but is not limited to.
the following: (1) the manner in which selYioes _ or will be pi Cl.oded and related dafa l18()esSI'Y for determining whether any
persons are or will be denied such ser.ices on the basis of prohbted Cltscrimination; (2) the population eligible to be served
by race. color, national origin. sex, age, and handicap; (3) data regardII'Ig covered ....lpIoyment Including use or planned use
01 bilingual pubfic contaCI emplOyeeS serving beneficiaries of the program where necessary to permit effective partiCipation
by beneficiaries unable to speak or understand English; (4) the IOcatlOfl of existing or proposed facilities connected with the
program and retated information adequate for determining Whether the location has or will have the effect of unnecessarily
denying access to any person on the basis of prohibited discriminatIOn: 151 the present or proposed membership by race. color.
-G:"I -
ational origin. sex. age. and handicap. in any planning or advisory body which is an integral part of the program; and (6) any
jditional written data determined by the Department of Energy to be relevant to its obligation to assure compliance by
ocipients with laws cited in the first paragraph of this assurance.
.he Applicant agrees to submit requested data to the Department of Energy regarding programs and activities developed by
1e Applicant from the use of Federal assistance funds extended by the Department of Energy. Facilities of the Applicant
neluding the physical plants. buildings. or other structures) and all records. books. accounts. and other sources of information
,ertinent 10 the Applicant's compliance with the civil rights laws shall be made available for inspection during normal business
,ours on request of an officer or employee of the Department of Energy, specifically authorized to make such inspections,
nstructions in this regard will be provided by the Director. Office of Equal Opportunity. U.S. Department of Energy.
-his assurance is giVen in consideration of and of the puroose of Obtaining any and all Federal grants. loanS. contracts
excluding 'procurement contracts). property, discounts. or' other Federal assistance extended after the date hereto. to the
>,pplicants by the Department of Energy, including installment payments on account after such data of application for Federal
ISsistance which are approved before such date. The Applicant recognizes and agrees that such Federal assistance will be
,xtended in reliance upon the representations and agreements made in this assurance and the United States shall have the
. ight to seek judicial enforcement of this assurance. This assurance in binding on the Applicant. its successors. transferees.
md assignees. as well as the person whose signature appears below and who is authorized to sign this assurance on behalf
)f the Applicant.
Date)
(Name of Applicant)
.
(AdIhss)
(AIIIhoriZed 0IficiaI)
( )
(AppIicInI'S TIOIIphOI_ Number)
.
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EXHIBIT -L-
DOE Contract Regulations
~ ~~-
SUBMIT ONE COpy
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-'BY ~
)
COUNCIL AGENDA STATEMENT
ITEM TITLE:
ITEM
MEETING DATE 10/111996
55'}; .~
R I. J,. 7' -' . C I." .
eso utlOn acceptmg a 110rma Department of Education
Adult Basic Education Section 321 grant funds awarded to the
Chula Vista Literacy Team, appropriating funds, and amending FY
1996-97 budget to include a .18 FTE position.
7
SUBMITTED BY: Library Directo0'of? tI; ~\
REVIEWED BY: City Manage~ ~~~te: YES --X- NO ~
The Chula Vista Public Library applied for California Department of Education ABE
Section 321 funds for each ofFY 1996-97 and FY 1997-98. The primary purpose of these
grant funds is to improve the quality and responsiveness of programs which enable adults
to acquire basic literacy skills. The first year grant of $5,840 has been awarded to the
Library. The award is divided into two parts. The base grant ($3,500) must be used for
supplemental staff development, assessment, and/or networking. The remaining funds
($2,340) are calculated based on the number of learner attendance hours, and these may
be used for staff development and/or other enhancements to program quality.
RECOMMENDATION: That Council adopt the resolution accepting California
Department of Education Adult Basic Education Section 321 grant funds awarded to the
Chula Vista Literacy Team, appropriating funds, and amending FY 1996-97 budget to
include a .18 FTE position.
BOARD/COMMISSION RECOMMENDATION: On January 24, 1996 the Library
Board of Trustees voted to continue support for the Library's ABE Section 321
application. (ATTACHMENT A.)
DISCUSSION:
On June 11, 1996, Council ratified the Library's application for ABE 321 grant funds to
be awarded over a two year period. (ATTACHMENT B.) The first year grant funds will
be used to support conducting leamer needs assessments and progress evaluations, (a .18
FTE clerical aide) and to provide additional hours of supervision and training in the
Literacy Center computer learning lab.
FISCAL IMP ACT: Accepting this grant will provide $5,840 to implement this
program in FY '96-97 through the Chula Vista Literacy Team. The grant has been
approved for a two-year period, based upon submission of an annual continuation request.
The fiscal portion is approved for a one-year period but is renewable annually through FY
1997-98. Funds cannot be used to supplant the current volunteer tutor program. These
funds will be appropriated into fund 260-2605. (ATTACHMENT C).
7)
RESOLUTION NO. ) f( i 1 J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING CALIFORNIA DEPARTMENT OF
EDUCATION ADULT BASIC EDUCATION SECTION 321
GRANT FUNDS AWARDED TO THE CHULA VISTA
LITERACY TEAM, APPROPRIATING FUNDS, AND
AMENDING FY 1996-97 BUDGET TO INCLUDE A .18
FTE POSITION
WHEREAS, the Chula vista Public Library applied for
California Department of Education ABE Section 321 funds for each
of FY 1996-97 and FY 1997-98; and
WHEREAS, the primary purpose of these grant funds is to
improve the quality and responsiveness of programs which enable
adults to acquire basic literacy skills; and
WHEREAS, the first year grant of $5,840 has been awarded
to the Library and is divided into two parts: the base grant
($3,500) must be used for supplemental staff development,
assessment, and/or networking and the remaining funds ($2,340) are
calculated based on the number of learner attendance hours, and
these may be used for staff development and/or other enhancements
to program quality; and
WHEREAS, on January 24, 1996, the Library Board of
Trustees voted to continue to support the Library's application for
ABE Section 321 grant funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept California Department of
Education Adult Basic Education section 321 grant funds awarded to
the Chula vista Literacy Team.
BE IT FURTHER RESOLVED that the FY 1996-97 budget is
amended to include a .18 FTE position by appropriating $5,840 into
Fund 260-2605 as set forth in Attachment C.
Presented by
Approved as to form by
David Palmer, Library Director
,.1ftI;jJI1/ ~ ,d::~i!r-~
An . Moore, \ll(cting ity ,y
Attorney
C:\rs\abe321.grt
'7~~
ATTACHMENT A
Library Board of Trustees
- 3 -
January 24, 1996
arena. The YMCA currently has a soccer arena on its Paseo Ranchero and
Paseo Magda site, which serves between 1,200 to 1,400 children per year.
The YMCA is planning to move the soccer arena to the library site while
its new facility was being built, probably in early 1998.
The library would ultimately benefit as its site would be improved and
utilities brought in at no cost to the City. The City could then install a
temporary facility to serve the Rancho del Rey community. YMCA staff is
currently negotiating with the Sweetwater School District for joint use of
their soccer fields at the middle school soon to be constructed.
Director Palmer suggested that the Library Board support a two-year
agreement with an option to renew for one year, with a six month notice to
vacate.
MSUC Donovan/Alexander) that the Library Board supports a two year
agreement with the YMCA with an option to extend it for one year and a
six month escape clause.
ACTION
C.
Literacy ABE Section 321 Grant
MSUC (AlexanderlDonovan) that the Library Board supports the Literacy
Team's application for ABE, Section 321 grant funds.
(Trustee Viesca arrived at this time 3 :30 pm)
ACTION
A.
1996-97 Budget
Dawn Herring, City Budget Manager, reported to the Trustees that the
City is transitioning to a more performance based budget. The budgets will
be input on a new local area network-based system which will allow staff
to use information in many different ways. The new system will also have
the ability to evolve to future City needs. The City Manager has asked
departments to prepare potential 10% budget cuts. Staff will go back to
Council in February or March to get feedback on their priorities before the
budget is finalized. (Trustee Williams arrived at this time 4:00 pm)
Chair Clover-Byram asked if the City took into consideration revenue from
new stores and businesses such as the new Wallmart. Mrs. Herring stated
that the City Manager did indeed take this revenue into consideration.
1/>
/ ~
AITACHMENT B
Minutes
June 11,19%
Page 3
requesting pennission to conduct a Fi~stas Patrias special event on Sunday, September 15, 1996, in and around
Bayside Park, As a co-sponsor of the event, the City is applying for a Tidelands Activity Permit from the San
Diego Unified Port District, which contains indcmnitkation language. Staff recommends approval of the resolution.
(Director of Parks and Recreation and Chief of Police)
9, RESOLUfION 18330 APPROVING THE RENEWAL OF THE AGREEMENT WITH THE
SWEETWATER UNION HIGH SCHOOL DISTRICT FOR JOINT USE OF THE LIBRARY FACILITY AT
EASTLAKE HIGH SCHOOL - The original three-year agreement providing for the joint use of the EastLake High
School Library wilJ expire on 6/30/96, On 12/19/95, Council directed Library staff to negotiate a renewal of the
joint use agreement with School District staff, Staff recommends approval of the resolution, (Library Director)
Councilmember Rindone abstained from participation in order to avoid a conflict of interest due to his
employment by the Sweetwater Uninn High School District.
10, REPORT APPLICATION OF THE CHULA VISTA PUBLIC LIBRARY FOR CALIFORNIA
DEPARTMENT OF EDUCATION, ADULT BASIC EDUCATION, SECTION 321 FUNDING FOR THE
TWO-YEAR PERIOD FISCAL YEAR 1996/97 AND FISCAL YEAR 1997/98 THROUGH THE CHULA
VISTA LITERACY TEAM - The Cbula Vista Public Library has applied for $5,840 in California Department of
Education, ABE Section 321 funds for fiscal years 1996/97 and 1997/98 (subject to availability of funds from the
federal government). The funds wilJ be used to improve the yuality and responsiveness of programs which enable
adults to acquire basic literacy skilJs. Staff recommends Council accept the report and ratify the Library's
application for California Department of Education Adult Basic Education. Section 321 funding. (Library Director)
* * END OF CONSENT CALE~DAR * *
PUBLIC HEARINGS AND RELATED RESOLt.:TlONS AND ORDINANCES
11. PUBLIC HEARING CONSIDERATION OF COAST AL DEVELOPMENT PERMIT NUMBER 70 FOR
CONSTRUCTION OF A 35-FOOT HIGH FREESTANDING SIGN H THE BROADWAY ENTRY TO
CHANNELSIDE SHOPPING CENTER The sign IS exempt from 'he California Environmental Quality Act hy
a Class 11 (a) exemption. On 7/25/94, the Design Review COlIuru'tee reviewed and approved the sign with a
maximum of five panels. The Coastal Commission approved a Local Coastal Program (LCP) amendment on 5/7/96.
to allow freestanding signs up to 35 reet in height within the Inland Parcel, Suharea 4 of the LCP. Staff
recommends approval of the resolution. (Director of Community Dt:vtdupmc:nt)
RESOLUfION 18331 AUfHORIZING THE ISSUANCE Of COASTAL DEVELOPMENT PERMIT
NUMBER 70 FOR A 35-FOOT HIGH FREESTANDING SIGN AT THE BROADWAY ENTRY TO
CHANNELSIDE SHOPPING CENTER
Councilmembdr Alevy stated he would abstain from partit..::ipation in order to avoiJ a contlict of interest as Gatlin
was a client of his firm. Councilmember Moot stated he would ;;"nstain from participation in order to avoid a
conflict of interest as Gatlin was also a client of his tirm.
This heing the time and place as advertised, the puhlit..:: heanng was Jc-..:JareJ opc:n. There heing no puhlic testimony,
the public bearing was declared closed.
RESOLUfION 18331 OFFERED BY COUNCILME~IBER RINDO:'olE. reading urthe text wu.s waived. pu.ssed
and approved 3-0-0-2 with Alevy and Mout ahstaining,
ORAL COMMUNICATIONS
. Marie Sackett. 609 Mariposa Circle, Chula Vista. CA, W.lS not pr:-",.:nt ..'" hen ...:aJkJ to the dais.
7-1
ABE SECTION 321 FUNDS
FY 1996-97
I 0/ 1/96
BUDGET ACCOUNT: 260-2605
5105 Hourly Wages
5143 Medicare
5145 PARS
5201 Professional Services
TOTAL:
/
7~L-y
$3,325.
$115.
$60.
$2.340.
$5,840.
ATTACHMENT C
COUNCIL AGENDA STATEMENT
ITEM ~
MEETING DATE 10/1/96
R 1, / f:1j '/ (fy' h L'b ' 1" C C l'C '
eso unon ran mg tel rary s app lcatlOn lor a llorma
State Library Literacy Program Transition Grant funds, accepting
the grant award, appropriating funds, and amending the
FY 1996-97 budget to include .85 positions.
SUBMITTED BY: Library Director 1)-.:)\t\~./
REVIEWED BY: City Managerj8 ~ ~ (4/5ths Vote: YesX-No_)
Due to the elimination of U.S. Departmen~ofEducation Title VI Library Literacy grant
funds from the 1996-97 federal budget, the California State Library offered a one-time
transition grant opportunity to programs who had received federal grants in FY 1995-96.
Transition grants are intended to allow literacy programs to continue the work begun
under Title VI funding, while affording time to research and secure futlJre alternative
funding sources, Turn-around time from notification of this grant opportunity to the
application and actual awards was unusually swift.
ITEM TITLE:
RECOMMENDATION: That Council adopt the resolution ratifying the application,
accepting the California State Library Literacy Program Transition Grant funds,
appropriating funds, and amending FY 1996-97 budget to include .85 FTE positions.
BOARD/COMMISSION RECOMMENDATION: It is expected that the Library Board
of Trustees will support the California State Library Literacy Program Transition Grant
application at their meeting of September 25, 1996.
DISCUSSION
Grant funds will be used to continue our model program, begun in 1994 under a Title VI
grant, to identify and aid adult learners with language based learning disabilities,
commonly referred to as dyslexia. The program requires recruihnent of 40 volunteer
tutors who will be trained to use instructional materials and techniques specially designed
for this population, Training and extensive support will be provided to both new and
existing tutors by a.72 instructor and a.13 clerical aide. We will also offer small group
classes for adult learners who are awaiting a l-to-l match. Additional funds will be spent
on staff development and training. During the grant period, identification of alternative
funding support for this program is a primary goal.
FISCAL IMPACT:
$30,000 will be received to implement this program through the Chula Vista Literacy
Team, The grant period is October 1, 1996 through September 30, 1997. These funds
will be appropriated into fund 260-2604. (See Attachment A) These funds carmot be
used to supplant the existing tutor reading program.
'if)
RESOLUTION NO. )1(-;/<<1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING THE LIBRARY'S
APPLICATION FOR CALIFORNIA STATE LIBRARY
LITERACY PROGRAM TRANSITION GRANT FUNDS,
ACCEPTING THE GRANT AWARD, APPROPRIATING
FUNDS, AND AMENDING THE FY 1996-97 BUDGET TO
INCLUDE .85 POSITIONS
WHEREAS, due to the elimination of U. S. Department of
Education Title VI Library Literacy grant funds from the 1996-97
federal budget, the California State Library offered a one-time
transition grant opportunity to program who had received federal
grants in FY 1995-96; and
WHEREAS, transition grants are intended to allow literacy
programs to continue the work begun under Title VI funding while
affording time to research and secure future alternative funding
sources; and
WHEREAS, the Library Board of Trustees voted to support
the California State Library Literacy Program Transition Grant
application at its meeting of September 25, 1996.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula Vista does hereby ratify the Library's application
for California State Library Literacy Program Transition Grant
funds and accept the grant award.
BE IT FURTHER RESOLVED that the City Council does hereby
amend the 1996-97 budget to include .85 positions.
BE IT FURTHER RESOLVED that the $30,000 received to
implement this program through the Chula vista Literacy Team will
be appropriated in Fund 260-2604 as set forth in Attachment A.
Presented by
Approved as to form by
David J. Palmer, Library
Director
f~5J~[(.1tfr~ ~
An . Moore, Ac ng Cit~ '
Attorney
C:\rs\litgrant.
:;r~,;L
TITLE VI TRANSITION GRANT
FY 1996-97
10/1/96
BUDGET ACCOUNT: 260-2604
5105- Hourly Wages
.72 Instructor
.13 Clerical Aid
$22,555
5141 - PERS 1,510
(7.345% plus $24.18 Survivors Benefits)
5143 - Medicare (1.45%)
329
5145 - PARS (3.75%)
86
5201- Professional Services
5.520
TOTAL
$30,000
6~_3
ATTACHMENT A
COUNCIL AGENDA STATEMENT
/f{'I~';
Item ----.L
Meeting Date 10/01/96
ITEM TITLE:
RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO
"G" STREETS FOR THE THIRD AVENUE FESTIVAL ON OCTOBER 6, 1996,
WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS
LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND
VENDORS PARTICIPATING IN EVENT
Community Development Director l S
/' ~
City Manager: 1 ~11
/ / / ~
, Ki
(4/5ths Vote: Yes_ NoX)
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
The Chula Vista Downtown Business Association is requesting permission to close Third Avenue
between "E" and "G" Streets in order to conduct the Third Avenue Festival on Sunday, October
6, 1996, from 5:00 a.m. to 8:00 p.m. This will be the sixth annual festival. The festivities for
this event will include live entertainment along with approximately 100 arts, crafts, and food
booths.
RECOMMENDATION: That the City Council adopt a resolution which:
1. Allows the closure of Third Avenue from "E" to "G" Streets and adjacent side streets to
the alleyway on October 6, 1996, subject to conditions listed in Exhibit A of the resolution;
and,
2. Waives the City's sidewalk sales ordinance; and,
3. Waives business license taxes for the DBA and vendors taking part in the event.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Downtown Business Association (DBA) is requesting the following:
. The closure of Third Avenue between "E" and "G" Streets on Sunday,
October 6, 1996 from 5 a.m. to 8 p.m.; and,
. A waiver of sidewalk sales ordinances; and,
. A waiver of business license taxes for DBA and vendors taking part in the event.
The closure of Third Avenue will affect the flow of traffic in the downtown area. The DBA will
be required to coordinate with the City's Traffic Engineer and prepare a traffic detour plan to the
Traffic Engineer's specifications. The City's transit system will also be affected. The Transit
Coordinator's staff has agreed to the closure as long as "E" and "G" Streets remain passable for
traffic. The DBA is aware of this stipulation and will abide by it.
9--)
Page 2, Item if
Meeting Date 10/01/96
In order to control noise levels and avoid excessive noise, the DBA has agreed to limiting the hours
of band performances and monitoring locations and noise levels of live entertainment (see
condition #4).
The DBA has requested that the business license tax for promotional events be waived for the
Festival. The taxes involved include a $5 assessment to the sponsoring organization (DBA) and
a requirement that each vendor have a Chula Vista business license. (The cost would be $12.50
for any vendor without a current City business license.)
In the past, the City has waived the business license tax for the DBA and vendors taking part in
the one day event in order to encourage participation. The rationale for waiving the fee is that the
Festival is expected to attract several thousands of people to the Chula Vista Downtown area
which will promote the downtown businesses. The resulting effect will be the generation of
additional commercial activity and increased sales tax revenue to the City. Waiving the business
license taxes will encourage vendor participation. Since having a large number of vendors will help
insure the success of the 1996 Third Avenue Festival, staff recommends the waiver.
It is recommended that the City Council approve the DBA's request subject to the following
conditions:
1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's
Traffic Engineer and Police Department. The cost will be shared by the DBA and the City
(approved by Council 5/7/95);
2. The DBA shall provide adequate litter control during and after the event, including
professional street sweeping. Expenses for this service will be paid by the DBA;
3. The DBA shall notify all property owners and tenants (including businesses and residents)
that will be affected by the street closure. The notification must be done seven days prior
to the event date;
4. The DBA will be responsible for taking measures to insure that the noise generated by the
event's activities does not reach an excessive level; the DBA will undertake the following
measures in order to implement this condition:
A) DBA shall continually monitor noise levels of performing bands, stereos, and other
sound-emitting devices and will make adjustments as needed.
B) A plan showing the location of the performing stages will be submitted for
Community Development staff review and approval prior to the event.
C) All band performances shall be limited to the hours of 10 a.m. to 5 p.m.
D) The DBA shall incorporate these rules into the contracts with all event participants
and make sure that they abide by them.
7-2
Page 3, Item 1
Meeting Date 1 % 1/96
5. In order to meet the requirements of the Fire Marshall, the alleyways between "E" Street
and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the
purpose of fire apparatus access in the event of an emergency. The Fire Marshall has
required that all food-cooking vendors have a 2A 1 OBC-type Fire Extinguisher readily
available in their booths;
6. In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and "G"
Streets must remain open to traffic;
7. The Downtown Business Association must provide, 10 days prior to the Festival, evidence
of general liability insurance in the amount of $1 million, in the form of a certificate of
insurance and policy endorsement satisfactory to the City, naming the City of Chula Vista
as additional insured; and
8. The Downtown Business Association must execute an agreement to hold the City harmless
from any liability stemming from Festival activities in the street.
FISCAL IMPACT: The City will incur the administrative costs of processing this request. The DBA
has requested that the business license taxes be waived for the festival. The taxes involved are
a fee of $5 to the sponsoring organization (DBA) and a $12.50 tax for each participating vendor
that does not currently have a Chula Vista business license. By waiving these taxes, the City will
forego approximately $900 in fees.
On May 7, 1996, the City Council approved a budget to provide public services for the event.
(pb) M:\HOME\COMMDEV\STAFF.REP\10-01-96\tcfest96.113 [September 25, 1996 (12:18pm)]
9-~?
RESOLUTION NO.
J:?Ljjl~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING
CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS FOR THE THIRD
AVENUE FESTIVAL ON OCTOBER 6, 1996, WAIVING SIDEWALK SALES
ORDINANCE, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN
BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN EVENT
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 19671 which created the Downtown Business Association;
and
WHEREAS, the Downtown Business Association has requested to close Third
Avenue from "E" to "G" Streets including adjacent side streets to the alleyway in order to conduct
the 1996 Third Avenue Festival on October 6, 1996; and
WHEREAS, the Downtown Business Association has requested a waiver of the
City's Sidewalk Sales Ordinance so that the Downtown Business Association can conduct the
1 996 Third Avenue Festival; and
WHEREAS, the Downtown Business Association has also requested a waiver of the
Business License Tax for promotional events for the Downtown Business Association and vendors
participating in the 1996 Third Avenue Festival.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby find, order, determine and resolve that the City Council of the City of Chula Vista
approves the closure of Third Avenue from "E" to "G" Streets on October 6, 1996 for the purpose
of the Downtown Business Association conducting the 1996 Third Avenue Festival subject to the
conditions listed in Exhibit A, attached hereto as though fully contained herein.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
approves the requested waiver of the City's Sidewalk Sales Ordinance so that the Downtown
Business Association can conduct the 1996 Third Avenue Festival on October 6, 1996.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
approves the requested waiver of the City's Business License Tax for the Downtown Business
Association and all vendors taking part in the 1996 Third Avenue Festival on October 6, 1996.
Presented by
Approved as to form by
&.c~~
Chris Salomone
Director of Community Development
d{IJ:l;tJ} fJ! C'Uv&-~t4-r7-~?'1r .
Ann r U .,
Acting City Attorney
[(PRS! M:\HOME\COMMDEV\RESOS\ClQSURE.RES (September 25,1996 (12:13pm))
1-/1
Resolution
October 1. 1996
Exhibit A
Conditions of Approval for the Closure of Third Avenue from "E" to "G" Streets on October 6,
1996 by the Downtown Business Association:
1 . The DBA shall provide for adequate traffic and crowd control, as determined by the City's
Traffic Engineer and Police Department. The cost will be shared by the DBA and the City
(approved by Council 5/7/95);
2. The DBA shall provide adequate litter control during and after the event, including
professional street sweeping. Expenses for this service will be paid by the DBA;
3. The DBA shall notify all property owners and tenants (including businesses and residents)
that will be affected by the street closure. The notification must be done seven days prior
to the event date;
4. The DBA will be responsible for taking measures to insure that the noise generated by the
event's activities does not reach an excessive level; the DBA will undertake the following
measures in order to implement this condition:
A) DBA shall continually monitor noise levels of performing bands, stereos, and other
sound-emitting devices and will make adjustments as needed.
B) A plan showing the location of the performing stages will be submitted for
Community Development staff review and approval prior to the event.
C) All band performances shall be limited to the hours of 1 a a.m. to 5 p.m.
D) The DBA shall incorporate these rules into the contracts with all event participants
and make sure that they abide by them.
5. In order to meet the requirements of the Fire Marshal, the alleyways between "E" Street
and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the
purpose of fire apparatus access in the event of an emergency. The Fire Marshal has
required that all food-cooking vendors have a 2A 1 aBC-type Fire Extinguisher readily
available in their booths;
6. In order to meet the requirements of the Fire Marshal and the Transit Division, "E" and "G"
Streets must remain open to traffic;
7. The Downtown Business Association must provide, 1 a days prior to the Festival, evidence
of general liability insurance in the amount of $1 million, in the form of a certificate of
insurance and policy endorsement satisfactory to the City, naming the City of Chula Vista
as additional insured; and
8. The Downtown Business Association must execute an agreement to hold the City harmless
from any liability stemming from Festival activities in the street.
9~-~
COUNCIL AGENDA STATEMENT
City Council Meeting
)4- 'l'{-
Ordinance ~ - Adopting otay Ranch Pre-Annexation
Development Agreement Between the City of Chula
vista and Baldwin Builders
SUBMITTED BY: Deputy City ManagerG1~
REVIEWED BY: City Manager (~ 4/5 Vote: Yes No~
This item was continued on ~st 20, 1996 so that staff might re-
review the Agreement to make sure it provides the appropriate
protection against the circumstances that occurred in San Marcos on
the Palomar Project and also to address any provisions that might
be relevant to problems resulting from development stoppage in the
st. Claire development in Chula vista. A number of changes are
suggested as discussed herein. This agenda statement is an
addendum to the original agenda statement forwarded to you on
August 20. The original is attached for your information as well.
Item No. /{/
Date 10/0l796
ITEM TITLE:
RECOMMENDATION:
That the City Council place the ordinance on
First Reading.
BOARD/COMMISSION
RECOMMENDATION:
The Planning Commission recommended approval
of the Agreement, 5-0, on August 14, 1996.
DISCUSSION:
In re-examining the Development Agreement, the basic premise stated
by staff at the August 20 City Council meeting was sustained. The
premise was that this is a development agreement at a broad micro-
level applying to a piece of property which at this time only has
an adopted General Plan and General Development Plan and no
entitlements. As such, most of the basic provisions of the
Agreement are unchanged. However, staff has scrutinized closely
the sections dealing with future discretionary changes,
improvements required by a subdivision map and future formation of
assessment districts and public financing mechanisms. Further, a
couple of protective statements with regard to st. Claire are
recommended as well.
A. Chanqes to Insure Greater Protection Aqainst Likelihood of San
Marcos Paloma Concerns.
Two sections have been strengthened. section 7.4, Improvements
Required by a Subdivision Map, has been clarified as to the
circumstances where the Developer can utilize a reimbursement
district for public improvements. The circumstance is where the
/t!~- - /
improvement is a requirement of a tentative map and is the
responsibility of either another party or is being oversized. The
City's consideration to process the request does not limit the
City's ability to approve or reject the District in its discretion.
The second section which has been strengthened is Section 14,
Districts, Public Financing Mechanisms. The revised language more
clearly states that while the City may be obligated to initiate,
process and take an action on the formation of any public financing
districts, it is not obligated to approve any such district in its
discretion. Further, specific reference to community facility
districts (Mello Roos) is deleted. The City has never used Mello
Roos to finance city public improvements nor does it have any
intent to do so at this time. Future consideration is not
prohibited, however, should the Council wish to consider it. At
this time the school districts are the only entity using Mello Roos
Districts in Chula vista. Lastly, two changes are made to sections
7.2 and 5.2.1 to clarify that the dedication requirement for the
project and the actual time frame as to when development occurs
could be impacted should there be any future change to the Growth
Management Ordinance. It is not anticipated that there would be
any significant change to the threshold standards and it is not
expected that any such future change would delay a project but the
possibility should be protected.
B. Chancres to Address st. Claire Issue
A new section, Assurance of Compliance, 7.9, has been added to
protect the City in the future against project non-compliance. The
section states the City will not take any action on a Future
Discretionary Applications by an Owner unless the City is assured
that the Owner is in full compliance with all governmental
requirements as to any real property covered by the Development
Agreement.
A new second section, Complete Construction, 7.10, addresses the
scenario where building permits have been issued and development
has stopped. It states that if the City has determined that a
nuisance or fire or safety hazard exists, then the Developer agrees
to take appropriate steps to cure the nuisance. If he/she does
not, then the city can step in and cure the nuisance at the
Developer's sole cost and expense.
In section 14, Public Financing Mechanisms, a phase has been added
to require the developer to comply with the terms of any assessment
district or other financing mechanism and make timely payments
thereon. The city retains its rights to take any actions legally
authorized to guarantee payment as well.
Attached also is a copy of a letter from Baldwin Builders
explaining further their position in San Marcos and with regard to
the st. Claire Project and the bankruptcy action. The letter dated
September 12, 1996 was addressed to the Mayor and Council.
j/ - )
,L,-/ ~
Fiscal Impact
It isn't possible to quantify the value of the Agreement to the
City or the other parties. Through annexation and the related
property tax, sales tax, etc., the City will realize significant
benefits. Likewise, the Developers benefit from the vesting and
certainty provided by the Agreement to be able to get loans and
sell and develop the Property in accordance with current and future
approvals. The value of the Agreement is significant to both
parties but is not quantifiable.
bald113
/{/~ j
ORDINANCE NO. .2/, 'II)
AN ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
BALDWIN BUILDERS
WHEREAS, a City of Chula Vista application to have the
otay Valley Parcel included within City's sphere of influence was
approved on July 1, 1996 by the Local Agency Formation Commission;
an.d
WHEREAS, the development of the Otay Valley Parcel will
require substantial public improvements phased over a period of
time; and
'WHEREAS, California Government Code S65867.5 et seq.
provides authority for cities to enter into development agreements;
and
WHEREAS, CEQA review is not required for the development
agreement since an in-depth review occurred when the environmental
review was approved for the Otay Ranch General Development Plan and
adopted by the City on October 28, 1993. (Lonq Beach Sav. & Loan
v. Lonq Beach Redevel., 232 Cal.Rptr. 772, 881-2 [1986]); and
WHEREAS, the Planning commission held a public hearing on
August 14, 1996 to consider the pre-Annexation Development
Agreement and the City Council held a public hearing on August 20,
1996 to consider the Pre-Annexation Development Agreement; and
WHEREAS, city Council has found that this Pre-Annexation
Development Agreement is consistent with the city's General Plan
arid all applicable mandatory and optional elements thereof as well
as other applicable policies and regulations of the City; and
WHEREAS, the Planning Commission and City Council have
reviewed the Pre-Annexation Development Agreement and recommend its
approval.
NOW, THEREFORE, the city Council of the City of Chula
Vista ordains as follows:
SECTION I:
Pre-Annexation Development Agreement for
a portion of the otay Valley Parcel.
In accordance with Section 65867.5 of the Government
Code, the City council of the City of Chula vista has
approved that certain document entitled "Pre-Annexation
Development Agreement" for a portion of the otay Valley
1
/0 -,;J
Parcel with Baldwin Builders, on file in the office of
the City Clerk as Document No.
SECTION II: The Mayor of the City of Chula Vista is
hereby authorized and directed to execute said Agreement for and on
behalf of the City of Chula vista.
SECTION III: This ordinance shall take effect and be in
full force on the effective date of annexation as set forth in the
Pre-Annexation Development Agreement.
Presented by
Approved as to form by
George Krempl, Deputy City
Manager
~Y-~~q-
Ann Y. Moore, Acting
City Attorney
C:\or\baldwin.or
2
/!;;--~
....... ..'-......."'_ '" __n..'
BALDWIN BUILDERS
!()
I
Septco+r 12, 1996
Vsa: J'.~' '3. IIDI1 ()wmi&tIt DIIiwry
no HoDorabJe SIddey HDrtOll,
Mayor ofTbe ~ ofCbula VIItI,
.., )Ui>"rI of1bl City COllaeU
(:nY OF CHtJLA VISTA
276 Pourth Avaaae
QBJIa V1Jta, CA 91910
J!.e:
I
,
I)eIr Mayor HDrIcD ad MemberI oftbc City Couaoi1:
0tI.y 'R...........- · - ..inn DewIIopMIIt Af1-- twPADA"' Bd-- tile ~ of
l"hI.r. V.... md 'RJoIdwIB Builden
11Us letter it wrkteo ill reprc1 to the Publio Heariaa wIIioh wia held beJbre you 011 Au..- 2.0,
~996 Cor your oouideration of Ipprcml of the above ....s 1IIIUeI'.
~ you ue...... n,-'-of~I"Wt.ofthoPIIOI'III jII'Oj~1a SlalMItooI. uwellu a
,
,_...... of tho SID Mar1;os CIty Q,omdl IpDke It the bauing. Tbe prlncIpal QCD:Cm -v' vi
tjy tU ~. ... that BalclwiII Bui1derI bid DOt lived up to tbeIr obIIptIou ill tbe Paloma
~ Tbe lIIQOII(Iuy issue was tile Mello-Roo. rollback.
~ I ar1~ cbiDs tho '-iDs. tile ~ MeIIo-'RDoI8Gtion tbat WII beiDa v_A~ by
tbe City of SID !rfBrco& it QIIIItruy to law md cauld IWI1t in 1bI boIId holden dedariJII a cIefauh
~ woulcI DOt bI ofbtuih to our ~ or the r'-'~JI. I bllieve you ....111 provided
with oopIeI oftbo m~ from tbo SID Marcos City V-..... - SpeciIJ BODCl C<<IaseI
.jdWIas the SID Man:oI City CouIII:ilIpiDlt the Idicm the SIn Marcos CIty C-oomdt was
.;tt.....ptl"l to .......1IIb. AI... bavt t'".m''''Y IIatecI, - ue wiltiIIa to -..ork with tbIIm
IIePldiDI tills ieIuo but it IIIUIt 110 done In I ~ that cIooI DOt jtIopIrdiII8 the w-:'IJ
MtIlo-RDoI .......-....n.. .
I . . ....... . -0-
We Ibare ad 'IJIIISentIDd the prabI- ....pICleed by tho nrI.,- ad.. I . i'IJ oaurt appcoval
10 COIIIfI'-1bIualiPdwt b.~tatol')' wbIch wu __ _ ...,ped by our 1"'1 dlctMO"S, Dur\IIs
tbe ....00UIt bearina we are Ie It'. approval to rwtIn ~ of the pIdiIlly ooaIP1.cw'
16111 HoIt,A,gu..1nW. CAIIMOIS (114) 16l).11OO.hc (7lf) 1SUg11
'Iho HoDor8bJoMayw aDd ~ oftbo Cky Coundl
Pase2
,,_'-120 1996
ba........f uIIiP lit TelearaPh CqoB wIIidI, IfIIIiD, WIIItIrted IllllItOpp!d by the preYious
........ IlAl't ofBa1ctwiD BuilderL
w. haw oaIJ a-n IavoIve4 with ... proietti'" till last three UId ~rlllO-.'I.1IId are
-Idaa dRir-IY to ItteIDpt to IIriIII BIIdwia ...... ..Iato aD opera&ioDll mode II1II to
CKnliltato tho.~ hou... oa tboIe ..~ wbidL have DOt _lIlY ~ 1br lit Jeut"
last 1IIne ~...
As JOIlIIIIJ receD, lit the JUDl2.5th JoiDt MIIIdDs orb CbuIa Villa City CoIrJPIIDd till
".....!oIe eo.-:..aoa. we qreedtv IUppOrt till - ][..08 of our ~ iIIIo tile Oty UId 1he
City .,.nll to JIOIOIIete 11\ aoocS Gdth UIiIIa due "''1ir'- to IIIter Do · n-IopmeIIt AgnIomC11t
with BaIdwia "-!door&. From tbIt dIte we hive IIlPportI!d the .......-Iftl1l1111 aD. we.. ukiDsl&
tbat 1he 0Iy StIff aDd City Cov....., boDor tbeIr oomI(IOiIC\iDI 0.:-",,,:'.... ade tv 111.
As was........ f by Jolm Oou lit till ""8'- 20th beariD& the City will provide tile ~
dIat wiIl....dbO) OW' tilture deYtlo~ 011 till 'bDcb" the time ofb pro 0 I 1"1 of_ SPA
ud TIIdatift 'fngt Maps ibr our property. wbicb, 10m the DJtb(matlon we have .oc:e:~ tom
the City. will require lit least two (2) years to complete.
IfJOll haw aDJ questlOIIS reprcIIDa b Ibove pIeue com-rJ" me. We look A. ....4 to a positive
J'eIOIution oftbia JII8tter at our S..- 17, 1M bearing.
Vffly truly your&,
WUlc:m
00:
101m 00It, City ~"91', 01y ofCllula VISta (1Iia: ftI.,-J-"''' 0\."". delivery)
DaWI ~.,,\ TruICOe(YIa: &v.I...llo)
Oeny II1D1riska. Special pl........ Projecta }.6.~.... CIty af'Oda Vata (vi&: ~;)o &
O\._..;pt c!IIivIry)
Jim 1oPcnI\. CEO. BIhhrin BuiIden
o.orse Kremp!, DepInY CIty '--r. at)' otCllula VISta (via: &~ " CMnIsht
cJe1io- ,)
PRE-ANNEXATION DEVELOPMENT AGREEMENT
THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT ("Agreement") is
made effective on the date hereinafter set forth below by and among
the CITY OF CHULA VISTA ("city") and BALDWIN BUILDERS, a California
corporation, ("Baldwin"), who agree as follows:
1. RECITALS. This Agreement is made with respect to the
following facts:
1. 1 Owner. The owners of the properties subj ect to this
Agreement (hereinafter collectively referred to as "Owner" or as
"Developer") are as follows:
1.1.1 Baldwin is the Owner of approximately 1204
acres of undeveloped real property ("the property") in the
incorporated area of the county, described in Exhibits "A" and
"C", attached hereto and incorporated herein by this refer-
ence. Portions of the Property are located in villages 10,
11, Planning Area 12 and the University site of the otay Ranch
Property.
1. 1 . 2 The "Property" is part of a larger area
commonly known, and referred to herein, as "the otay Valley
Parcel of Otay Ranch."
1. 1. 3 Baldwin Builders is an entity in a ChaDter
11 BankruDtcv t:lroceedina in case number ND 95-13057-RR at U.S.
BankruDtcv Court at Santa Barbara where the bankruDtcv trustee.
David Gould. obtained a court order aDDrovina the emDlovment of
Jimmv D. Johnson. as set forth in Exhibit "D".
1.2 city. The City of Chula vista is a municipal
corporation with Charter city powers incorporated within the
county.
1.3 Code Authorization and Acknowledaments.
1.3.1 City is authorized pursuant to its
Charter, self-rule powers, and California Government Code
sections 65864 through 65869.5 to enter into development
agreements for the purpose of establishing certainty for both
City and owners of real property in the development process.
1.3.2 City enters into this Agreement pursuant
to the provisions of the california Government Code, its home-
rule powers, and applicable city ordinances, rules, regula-
tions and policies.
1.3.3 City and Owner intend to enter into this
agreement for the following purposes:
1.3.3.1 To assure adequate public facilities
at the time of development.
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1.3.3.2 To assure development in accordance
with city's capital improvement plans.
1.3.3.3 To provide certainty to Owner in the
development approval process by vesting the permitted
use(s), density, intensity of use, and the timing and
phasing of development as described in the Development
Plan, which is defined in Paragraph 2.4 of this Agree-
ment, in exchange for OWner's entering into this Agree-
ment and for its commitment not to challenge the Annex-
ation described below.
1.3.3.4 To permit achievement of city growth
management goals and objectives.
1.3.3.5 To allow City to realize significant
economic, recreational, park, open space, social, and
public facilities benefits for the city, some of which
are of regional significance.
1.3.3.6 To provide and assure that the City
receive sales tax revenues, increase in the property tax
base, residential housing and other development, sewer,
water and street facilities.
1.3.3.7 This Agreement will provide and
assure that the city receives public facilities in excess
of project generated impacts and such facilities shall be
of supplemental size, number capacity or length, which
shall be provided earlier than could be provided either
by funds from the City or than would strictly be
necessary to mitigate project related impacts at any
development phase.
1. 3.3.8 To enable the City tQ secure title to
the land within the boundaries of the Property necessary
to complete the Chula vista greenbelt system and the Otay
Ranch Open Space Preserve as both are defined in the
Chula vista General Plan.
1.3.3.9 Because of the complexities of the
financing of the infrastructure, park, open space, and
other dedications, and regional and community facilities,
and the significant nature of such facilities, certainty
in the development process is an absolute necessity. The
phasing, timing, and development of public infrastructure
necessitate a significant commitment of resources,
planning, and effort by Owner for the public facilities
financing, construction, and dedication to be success-
fully completed. In return for Owner's participation and
commitment to these significant contributions of private
resources for public purposes and for Owner's agreement
not to challenge the Annexation described below, city is
willing to exercise its authority to enter into this
Agreement and to make a commitment of certainty for the
development process for the property.
-2-
1.3.3.10 In consideration of Owner's agreement
to provide the significant benefits and for Owner's
agreement not to challenge the Annexation described
below, city hereby grants Owner assurances that it can
proceed with development of the Property in accordance
with city's ordinances, rules, regulations, and policies
existing as of the effective date of this Agreement
subject to section 5.2.1 below. owner would not enter
into this Agreement or agree to provide the public
benefits and improvements described in this Agreement if
it were not for the commitment of City that the Property
subject to this Agreement can be developed in accordance
with city's ordinances, rules, regulations, and policies
existing as of the effective date of this Agreement
subject to Section 5.2.1 below.
1.4 The Annexation. On July 1, 1996, the Local Agency
Formation Commission ("LAFCO") approved annexation of Sphere of
Influence Planning Area 1 "The otay Parcel" I Planning Area 2
"Inverted L" and the Mary Patrick Estate Parcel (see Attachment
"B").
1.5 Schere of Influence. On February 5, 1996 and July
1, 1996 the Local Agency Formation commission approved the
inclusion of Planning Area 1, "The otay Parcel", into the City
Sphere of Influence (Sphere of Influence Planning Area 1 "The Otay
Parcel", Planning Area 2 "Inverted L" and the Mary Patrick Estate
Parcel - see Attachment "B").
1.6 Plannina Documents. On October 28, 1993, City and
County adopted the Otay Ranch General Development Plan/Subregional
Plan ("the GDP") which includes the Otay Ranch Village Phasing
Plan, Facility Implementation Plan, Resource Management Plan and
Service Revenue Plan, for approximately 23,000 acres of the otay
Ranch, including the Otay Valley Parcel and the Property.
1.7 citv Ordinance.
adoption by the city council of Ordinance No.
Agreement.
, 1996 is the date of
2690 approving this
2. DEFINITIONS.
otherwise requires:
2.1 "Annexation" means the proposed annexation of that
portion of the otay Ranch which is to be annexed into the City as
depicted on Exhibit "B".
In this Agreement, unless the context
2.2 "City" means the City of Chula vista, in the County
of San Diego, State of California.
2.3 "County" means the County of San Diego, State of
California.
2.4 "Development Plan" means the GDP.
-3-
2.5 "GDP" means the General Development Plan/Subregional
Plan for the Otay Ranch, described in Paragraph 1.6, above.
2.6 "owner" or "Developer" means the person, persons, or
entity having a legal and equitable interest in the Property, or
parts thereof, and includes Owner's successors-in-interest.
2.7 "Project" means the physical development of the
private and public improvements on the Property as provided for in
the Existing Project Approvals and as may be authorized by the city
in Future Discretionary Approvals.
2.8 "Property" means the real property described in
Paragraph 1.1.1.
2.9 The "Term" of this Agreement means the period
defined in Paragraph 3, below.
2.10 "Builder" means developer to whom Developer has sold
or conveyed property within the Property for purposes of its
improvement for residential, commercial, industrial or other use.
2.11 "CEQA" means the California Environmental Quality
Act, California Public Resources Code section 21000, et seq.
2.12 "city Council" means the city of Chula vista City
Council.
2.13 "Commit" or "Committed" means all of the following
requirements have been met with respect to any public facility:
2.13.1 For a public facility within the city's
jurisdictional boundaries and a responsibility of the develop-
er.
2.13.1.1 All discretionary permits required of
the Developer have been obtained for construction of the
public facility;
2.13.1.2 Plans for the construction of the
public facility have all the necessary governmental
approvals; and
2.13.1.3 Adequate funds (i.e., letters of
credit, cash deposits, performance bonds or land secured
public financing, including facility benefit assessments,
Mello-Roos assessment districts of similar assessment
mechanism) are available such that the City can construct
the public facility if construction has not commenced
within thirty (30) days of issuance of a notice to
proceed by the Director of Public Works, or construction
is not progressing towards completion in a reasonable
manner as reasonably deemed by the Director of Public
Works.
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2.13.2 For a public facility within the city's
jurisdictional boundaries, but to be provided by other than
Developer.
2.13 .2.1 Developer's proportionate share of
the cost of such public facility as defined in the
existing Project Approvals and Future Discretionary
Approvals has been provided or assured by Developer
through the payment or impositions of development impact
fee or other similar exaction mechanism.
2.13.3 For public facility not within city's
jurisdictional boundaries:
2.13.3.1 Developer's proportionate share of
the cost of such public facility as defined in the
existing Project Approvals and Future Discretionary
Approvals has been provided for or otherwise assured by
Developer to the reasonable satisfaction of the Director
of Public Works.
2.14 "Development Impact Fee (DIF)" means fees imposed
upon new development pursuant to the city of Chula vista
Development Impact Fee Program, for example, including but not
limited to the Transportation Development Impact Fee Program, the
Interim SR-125 Development Impact Fee Program, the Salt Creek Sewer
DIF and the Public Facilities DIF.
2.15 "Existing Project Approvals" means all discretionary
approvals affecting the Project which have been approved or
established in conjunction with, or preceding, the effective date
consisting of, but not limited to the GDP, the Chula vista General
Plan, the otay Ranch Reserve Fund Program adopted pursuant to
Resolution 18288, and the Phase I and Phase II Resource Management
Plan (RMP), as may be amended from time to time consistent with
this agreement.
2.16 "Final Map(s)" means any final subdivision map for
all or any portion of the Property other than the Superblock Final
Map ("A" Maps).
2.17 "Future Discretionary Approvals" means all permits
and approvals by the city granted after the effective date and
excluding existing Project Approvals, including, but not limited
to: (i) grading permits; (ii) site plan reviews; (iii) design
guidelines and reviews; (iv) precise plan reviews; (v) subdivisions
of the Property or re-subdivisions of the Property previously
subdivided pursuant to the Subdivision Map Act; (vi) conditional
use permits; (vii) variances; (viii) encroachment permits;
(ix) sectional Planning Area plans; (x) Preserve Conveyance Plan
and (xi) all other reviews, permits, and approvals of any type
which may be required from time to time to authorize public or
private on- or off-site facilities which are a part of the Project.
-5-
2.18 "planning Commission" means the Planning commission
of the City of Chula vista.
2.19 "Preserve Conveyance Plan" means a plan that will,
when adopted, set forth policies and identify the schedule for
transfer of land and/or fees to be paid to insure the orderly
conveyance of the otay Ranch land to the Preserve Owner Manager.
The purpose of the plan is to fulfill the obligations to convey
resource sensitive land, per the criteria contained in the phase I
and II Resource Management Plans and to mitigate environmental
impacts of the otay Ranch Project.
2.20 "Public Facility" or "Public Facilities" means those
public facilities described in the otay Ranch Facility
Implementation Plan.
2.21 "Subdivision Map Act" means the California
Subdivision Map Act, Government Code section 66410, et seq., and
its amendments as may from time to time be adopted.
2.22 "Substantial Compliance" means that the party
charged with the performance of a covenant herein has sufficiently
followed the terms of this Agreement so as to carry out the intent
of the parties in entering into this Agreement.
2.23 "Threshold" means the facility thresholds set forth
in the City's Municipal Code section 19.19.040.
3. nEM. This Agreement shall become effective as a
development agreement upon the effective date of the Annexation
(the "Effective Date"); provided, however, that if the Annexation
does not occur on or before January 1, 1997, this Agreement shall
be null and void. Any of the foregoing to the contrary notwith-
standing, from the date of first reading of the ordinance approving
this Agreement, and unless or until this Agreement becomes null and
void, Owner shall be bound by the terms of Paragraph 4. The Term
of this Agreement for purposes other than Paragraph 4 shall begin
upon the Effective Date, and shall continue for a period of twenty
(20) years ("the Term").
The term shall also be extended for any period of time during which
issuance of building permits to Developer is suspended for any
reason other than the default of Developer, and for a period of
time equal to the period of time during which any action by the
City or court action limits the processing of future discretionary
approvals, issuance of building permits or any other development of
the property consistent with this Agreement.
4. OWNER AGREEMENT TO ANNEXATION.
challenge any action taken by the city to
Parcel into the City.
Owner agrees not to
annex the otay Valley
5. VESTED RIGHTS. Notwithstanding any future action or
inaction of the City during the term of this Agreement, whether
such action is by ordinance, resolution or policy of the City,
-6-
Owner and Developer shall have a vested right, Drovided however the
develoDer is not in default of its o~liaations under this Aaree-
~, AnA except as may be otherwise provided in this section 5, to
construct the Project in accordance with:
5.1 Existing Project Approvals, subject to the following
requests for modifications, if approved by the City:
5.1.1 city shall reasonably consider in its
discretion with proper environmental review a request by the
owner for any modifications to the land use designations in
the General Development Plan for the Property.
5.1.2 City will notice the owner, as required by
law, of any actions which involve the formation of assessment
districts, development impact fees or other discretionary
actions affecting the Property. In addition, City will use
its reasonable best efforts to contact the Owner regarding any
pending discretionary actions pertaining to the Property as
early as possible in the process and involve the Owner in
appropriate meetings related thereto. owner acknowledges that
City will not be in breach of this Agreement for failure to
provide notice to OWner other than notice as required by law.
5.1.3 If the interchange improvements at otay
Valley Road and I-80S are needed to serve the Project, the
City will hold appropriate hearings to consider an amendment
to its Transportation Phasing Plan (TPP) and Development
Impact Fee (DIF) Program to include said improvements as may
be deemed appropriate by the city to accommodate the project
phasing. The city agrees to reasonably cooperate and work
with CALTRANS to complete plans for said interchange improve-
ment.
5.1. 4 city shall initiate contact and diligently
pursue discussions with the county of San Diego and the city
of San Diego to determine the number, scheduling and financing
of the otay River road and bridge crossings.
5.1.5 city shall allow the owner for purposes of
processing entitlements to proceed with planning of the
property on a first come first served basis, with other prop-
erties in the area of the Annexation. In addition, II
reauested bv the aDDlicant if Reeeeeary the City shall, with
proper environmental review, consider in its discretion an
amendment to the village phasing Plan to facilitate the
planning and development of the properties covered by this
Agreement.
5.1.6 To the extent any of the foregoing com-
mitments of City are embodied in changes to the Development
Plan or the rules, regulations, ordinances, resolutions,
policies, conditions, environmental regulations, phasing
controls, exactions, entitlements, assessments, and fees
applicable to and governing development of the Property,
-7-
whether adopted before or after the Effective Date, such
changes shall be deemed applicable to the Property without
change to this Agreement.
5.1.7 city shall diligently process any amend-
ments, applications, maps, or other development applications.
5.1.8 City may make such modifications or
amendments to the Existing Project Approvals/Future Discre-
tionary Approvals, as may be ordered by a court of competent
jurisdiction.
5.2 DeveloDment of ProDertv. The development of the
Property will be governed by this Agreement and Existing project
Approvals and such development shall comply and be governed by all
rules, regulations, policies, resolutions, ordinances, and
standards in effect as of the Effective Date subject to the
provisions of Section 5.2.1 below. The City shall retain its
discretionary authority as to Future Discretionary Approvals,
provided however, such Future Discretionary Approvals shall be
regulated by the Existing project Approvals, this Agreement, and
city rules, regulations, standards, ordinances, resolutions and
policies in effect on the Effective Date of this Agreement and
subject to section 5.2.1.
Notwithstanding the foregoing, the city may make such changes to
the city's Growth Management Ordinance applicable to the Project as
are reasonable and consistent with the purpose and intent of the
existing Growth Management Ordinance and which are generally
applicable to all private projects citywide or east of 1-805 or
within a specific benefit, fee or reimbursement district created
pursuant to the California Government Code.
5.2.1 New or Amended Rules. Requlations.
policies. Standards. Ordinances and Resolutions. The City may
apply to the Project, including Future Discretionary Approv-
als, new or amended rules, laws, regulations, policies,
ordinances, resolutions and standards generally applicable to
all private projects east of 1-805 or within a specific
benefit fee or reimbursement district created pursuant to the
California Government Code. The application of such new
rules, or amended laws, regulations, resolutions, policies,
ordinances and standards will not unreasonably prevent or
unreasonablv delay development of the Property to the uses,
densities or intensities of development specified herein or as
authorized by the Existing Project Approvals. The city may
also apply changes in City laws, regulations, ordinances,
standards or policies specifically mandated by changes in
state or federal law in compliance with section 13.3 herein.
5.2.2 Developer may elect with city's consent,
to have applied to the project any rules, regulations,
policies, ordinances or standards enacted after the date of
th\s Agreement. Such an election has to be made in a manner
consistent with section 5.2 of this Agreement.
-8-
5.2.3 Modifications to Existina Proiect
ADDrovals. It is contemplated by the parties to this
Agreement that the City and Developer may mutually seek and
agree to modifications to the Existing project Approvals.
Such modifications are contemplated as within the scope of
this Agreement, and shall, upon written acceptance by all
parties, constitute for all purposes an Existing Project
Approval. The parties agree that any such modifications may
not constitute an amendment to this Agreement nor require an
amendment to the Agreement.
5.2.4 Future Discretionarv ADDrovals. It is
contemplated by the parties to this Agreement that the City
and Developer may agree to Future Discretionary Approvals. The
parties agree that any such Future Approvals may not consti-
tute an amendment to this Agreement nor require an amendment
to the Agreement.
5.3 Dedication and Reservation of Land for Public
PurDoses. Except as expressly required by this Agreement or the
Existing Project Approvals and Future Discretionary Approvals and
excepting dedications required within the boundaries of any parcel
created by the subsequent subdivision of the Property as required
by the Subdivision Map Act, no dedication or reservation of real
property within or outside the Property shall be required by city
or Developer in conjunction with the Project. Any dedications and
reservations of land imposed shall be in accordance with section
7.2 and section 7.8 herein.
city acknowledges that Developer will not be required to dedicate
land for the sole purpose of satisfying an obligation of Otay
Ranch, L.P., a California limited partnership, Tiger Development
Two, a California limited partnership, Tigerheart, Inc., a
California corporation or its general partner, Village Development,
a California general partnership, or their successor(s) interest
hut DeveloDer understands that DeveloDer shall be reauired to
satisfY its obliaations as reauired bv Existina and Future
Discretionarv ADDrovals.
5.4 Time for Construction and ComDletion of Proiect.
Because the California Supreme Court held in Pardee Construction
ComDanv v. citv of Camarillo (1984) 27 Cal.3d 465, that the failure
of the parties to provide for the timing of development resulted in
a later-adopted initiative restricting the timing of development to
prevail over such parties' Agreement, it is the intention of the
parties to this Agreement to cure that deficiency by specifically
acknowledging that timing and phasing of development is completely
and exclusively governed by the Existing Project Approvals,
including the Chula vista Growth Management Ordinance. The purpose
of the Chula vista Growth Management Ordinance is to "control the
timing and location of development by tying the pace of development
to the provision of public facilities and improvements to conform
to the City's threshold standards." (Municipal Code Section
19.09.010A.7) The findings in support of the Growth Management
Ordinance conclude that the ordinance "does riot affect the number
-9-
of houses which may be built." (Municipal Code Section
19.09.0108.3) Therefore, the parties acknowledge that the Chula
vista Growth Management Ordinance completely occupies the topic of
development timing and phasing and expressly precludes the adoption
of housing caps, urban reserves or any other means by which the
rate of development may be controlled or regulated. The City
agrees that the Developer shall be entitled to, apply for and
receive all permits necessary for the development of property,
consistent with the Growth Management ordinance, Existing Project
Approvals, Future Discretionary Approvals and this Agreement.
5.5 Benefit of vestina. Nothing in this Agreement will
be construed as limiting or impairing Developer's vested right, if
any, to proceed with the development and use of the Property
pursuant to the Federal and state Constitutions, and pursuant to
statutory and decisional law.
5.6 Vestina of Entitlements. All rights conferred by
this Agreement vest with the Effective Date hereof. The approval
of Future Discretionary approvals shall not be deemed to limit
Developer's rights authorized by this Agreement, and once such
approvals are obtained they shall be vested to the same extent as
the Existing project Approvals provided DeveloDer is not in default
of its obliaations under this Aareement.
6. DEVELOPMENT PROGRAM.
6.1 processina of Future Discretionarv ADDrovals. City
will accept and diligently process development applications and
requests for Future Discretionary Approvals, or other entitlements
with respect to the development and use of the Property, provided
said applications and requests are in accordance with this
Agreement. city costs for processing work related to the Project,
including hiring of additional City personnel and/or the retaining
of professional consultants, will be reimbursed to City by
Developer.
6.2 Lenath of Validitv of Tentative Subdivision MaDS.
Government Code section 66452.6 provides that tentative subdivision
map(s) may remain valid for a length up to the term of a Develop-
ment Agreement. The City agrees that tentative subdivision map(s)
for the property shall be for a term of six (6) years and may be
extended by the city council for a period of time not to exceed a
total of twenty (20) years and in no event beyond the term of this
Agreement.
6.3 Pre-Final MaD DeveloDment. If Developer desires to
do certain work on the Property after approval of a tentative map
(for example, grading) prior to the recordation of a final map, it
may do so by obtaining a grading and/or other required approvals
from the City which are authorized by the city prior to recordation
of a final map. ~~e Deermit mav be aDDroved or denied bv the citv
in accordance wi th citv's MuniciDal Code. reaulations and
policies and Drovided DeveloDer is in comDliance with this
A~~ee;ent and with the terms of all Existina and Future Discretion-
-10-
ary ADDrovals. In addition. the DeveloDer shall be reauired to
post a bond or other reasonably adequate security required by City
in an amount determined bv the city to assure the rehabilitation of
the land if the applicable final map does not record.
6.4 Final MaDS.
6.4.1 "A" MaDS and "B" MaDS. If Developer so
elects, the City shall accept and process a master subdivision
or parcel map ("A" Map) showing "Super Block" lots and
backbone street dedications. "super Block" lots shall be
consistent with the GDP and subsequent sectional Plan Area
plans, and shall not subdivide land into individual single-
family lots. All "Super Blocks" created shall have access to
dedicated public streets. The City shall not require improve-
ment plans in order to record a final map for any "A" Map
lots, but the City shall require bonding for the completion of
backbone facilities prior to recording in an amount to be
determined by the city. Following the approval by city of any
final map for an "A" Map lot and its recordation, Developer
may convey the "Super Block" lot. The buyer of a "Super
Block" lot ~ saall then process final improvement plans and
grading plans and a final map ("B" Map) for each "Super Block"
lot which the City shall process if such documents are in
comDliance with the city's MuniciDal Code. standard Dolicies.
and the aDDlicable tentative maD. The "B" Maps shall be in
substantial conformance with the related approved "A" Map. In
the instance of the multi-family dwelling unit areas, a
separate tentative subdivision map may be submitted to the
City and the "B" Map(s) for these areas may be submitted to
the City after the city planning Commission approves said
tentative subdivision map.
6.4.2 Recordation of Final Subdivision MaD in
Name of Builder or Third Party. Developer may, if it so
elects, convey to a Builder or third party any "super block"
lot(s) shown on the recorded Superblock Final Map. In such
case, the Builder or third party will (i) process any neces-
sary final improvement and grading plans and a final map for
each such "super block" lot ("B" maD), which map City shall
accept and process if such maD is in comDliance with the
city's MuniciDal Code. standard Dolicies. and the aDDlicable
tentative maD. as subsequent phases in a multi-phase project,
(ii) enter into a subdivision improvement agreement with city
with respect to the sUbdivision improvements which are
required for such super block lot, and (iii) provide security
and insurance satisfactory to City for the completion of the
subdivision improvements.
6.4.3 Recordation of Final Subdivision MaD in
DeveloDer's Name: Transfer of Obliaations Under Subdivision
ImDrovement Aareement(s) . If Developer so elects, it may
defer the conveyance of any super block lot to a Builder or
third party until after the final map of such super block lot
has been recorded. If Deve~oper elects to proceed in this
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manner, it will enter into city's standard subdivision
improvement aqreement(s) with City for the improvements
required as a condition to the approval of such map(s). Upon
sale to a Builder or third party, if such Builder or third
party assumes Developer's obligations under the improvement
aqreement and provides its own security and insurance for the
completion of the subdivision improvements satisfactory to the
city and as approved by the city, Developer shall be released
from liability under the subdivision improvement agreement(s)
and Developer's security shall be released.
6.4.4 Transfer of Riahts and Obliaations of
DeveloDment. Whenever Developer conveys a portion of the
Property, the riqhts and obliqations of this Aqreement shall
transfer in accordance with section 15 herein.
7. DEVELOPER'S OBLIGATIONS.
7.1 condition to DeveloDer' s Obliaations to Dedicate. Fund or
Construct Public Facilities. Developer aqrees to develop or
provide the public improvements, facilities, dedications, or
reservations of land and satisfy other exactions conditioninq the
development of the Property which are set forth hereinbelow and bv
the Existina and Future Discretionarv Accrovals. The obliqations
of the Developer pursuant to this Aqreement are conditioned upon:
(i) the city not beinq in default of its obliqations under this
aqreement; and (ii) the city not unreasonablv preventinq or
unreasonably delaying the development of the property; and (iii)
~fte ~greemeR~ kaviftg Ret ~eeR aaspeRsed ift respeRse ~e ekaRgea iR
B~a~e SF federal la~, aRd (iv) ~Be Gi~y's e81i~a~iefta fta~iR' Re~
~eeft B~Bpeftaea p~rB~aft~ ~B See~ieft 13.2. If the Aareement has been
susDended in resconse to chanaes in state or federal law or due to
the City's obliaations beina suscended cursuant to section 13.2.
said obliaations of Develocer shall be suscended for the same
ceriod of time.
7.2 Dedications and Reservations of Land for Publicpurcoses.
The policies by which property will be required to be reserved,
dedicated or improved for public purposes are identified in the
Existinq Project Approvals. A more precise delineation of the
property to be preserved, dedicated or improved for public purposes
shall occur as part of Future Discretionary Approvals consistent
with develoD.ent of DroDertv as set forth in section 5.2 herein.
~e EJlis~ift9 Pr8jee~ Apprevals.
7.3 Growth Manaaement Ordinance. Developer shall commit the
public facilities and City shall issue buildinq permits as provided
in this section and in accordance with Bxistina proiect ADDrovals
and Future Discretionarv ADDrovals. The City shall have the riqht
to withhold the issuance of building permits any time after the
City reasonably determines a Threshold has been exceeded, unless
and until the Developer has mitiqated the deficiency in accordance
with the City's Growth Management Ordinance.
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Developer agrees that building permits may be withheld where the
public facilities described in the Existing Project Approvals/
Future Discretionary Approvals required for a particular Threshold
have not been committed.
In the event a Threshold is not met and future building permit
issuance may be withheld, the notice provisions and procedures
contained in Section 19.09 .100C of the Municipal Code will be
followed. In the event the issuance of building permits is
suspended pursuant to the provisions herein, such suspension shall
not constitute a breach of the terms of this Agreement by Developer
or City. Furthermore, any such suspension which is not caused by
the actions or omissions of the Developer, shall toll the term of
this Agreement as provided for in section 16.12 of this Agreement,
and suspend the Developer's obligations pursuant to this Agreement.
7.3.1 Reauired condemnation. The city and Developer
recognize that certain portions of the Resource 9peft Epaee
Preserve and of the public facilities identified in the
Existing Project Approvals/Future Discretionary Approvals are
required to comply with City requirements and are located on
properties which neither the Developer nor the City has, or
will have, title to or control of. with respect to such land
for public facilities, the city shall identify such property
or properties and at the time of filing of the final map
commence timely negotiations or, where the property is within
the city's jurisdiction, commence timely proceedings pursuant
to Title 7 (commencing with S 1230.010) of Part 3 of the Code
of Civil Procedure to acquire an interest in the property or
properties. Developer's share of the cost involved in any
such acquisition shall be based on its proportionate share of
the public facility as defined in the Existing Project
Approvals/Future Discretionary Approvals. Notwithstandina the
foreaoina. nothing in this Agreement shall be deemed to
preclude the city from requiring the Developer to pay the cost
of acquiring such off-site land. For that portion of the cost
beyond the Developer's fair share responsibility of the land
needed for public facilities, the City shall take all reason-
able steps to establish a procedure whereby the developer is
reimbursed for such costs beyond its fair share.
7.3.2 Information Reaardina Thresholds. Upon
Developer's written request of the city Manager, the City will
provide Developer with information regarding the current
status of a Threshold. Developer shall be responsible for any
staff costs incurred in providing said written response.
7.4 Imnrovements Reauired bv a Tentative Subdivision Man.
As may be required pursuant to the terms of a tentative subdivision
map aDDroval, it shall be the responsibility of Developer to
construct the improvements required by ll!. a subdivision map.
Where Developer is required to construct a public improvement which
has been identified as the responsibility of another party or to
provide public improvements of supplemental size, capacity, number
or length benefiting property not within the tentative sUbdivision
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~, city shall process for consideration to _DDrove or deny in its
.01e discretion a reimbursement agreement ~ ~ the Developer in
accordance with the citv'. MuniciDal Code and Article 6 of Chapter
4 of the Subdivision Map Act, commencing with Government Code
section 66485, and Section 7.5, below. This does not oreclude the
DeveloDer or the citv from considerina alternative financina
mechanisms.
7.5 ~ac~~~ties Which Are the Obliaations of Another
Partv. or Are f ;;;iv~ si~e: caoacitv. Lenath or Number.
Developer may offer to advance monies and/or construct public
improvements which are the responsibility of another land owner, or
outside the city's jurisdictional boundaries, or which are of
supplemental size, capacity, number or length for the benefit of
land not within the Property. city, where requesting such funding
or construction of oversized public improvements, shall consider
after a public hearing, contemporaneous with the imposition of the
obligation, the formation of a reimbursement district, assessment
district, facility benefit assessment, or reimbursement agreement
or other reimbursement mechanism.
7.6 Pioneerina of Facilities. To the extent Developer
itself constructs (Le., "pioneers") any public facilities or
public improvements which are covered by a DIF Program, Developer
shall be given a credit against DIFs otherwise payable, subject to
the city's Director of Public Works reasonable determination that
such costs are allowable under the applicable DIF Program. It is
specifically intended that Developer be given DIF credit for the
DIF Program improvements it makes. The fact that such improvements
may be financed by an assessment district or other financing
mechanism, shall not prevent DIF credit from being given to the
extent that such costs are allowed under the' applicable DIF
Program. Notwithstanding the foregoing, if an assessment district
is used to finance said improvements and the developer has been
paid back its costs, DIF credit shall be given to those property
owners assessed for said improvements.
7.7 Insurance. Developer shall name City as additional
insured for all insurance policies obtained by Developer for the
Project as pertains to the Developer's activities and operation on
the project.
7.8 other Land owners. Developer hereby agrees to
dedicate adequate rights-of-way within the boundaries of the
property for other land owners to "pioneer" public facilities on
the property; provided, however, as follows: (i) dedications shall
be restricted to those reasonably necessary for the construction of
facilities identified in the city's adopted public facility plans;
(ii) this provision shall not be binding on the successors-in-
interest or assignees of Developer following recordation of the
final "super Block" or "A" Map; and (iii) the City shall use its
reasonable best efforts to obtain agreements similar to this
subsection from other developers and to obtain equitable reimburse-
ment for Developer for any excess dedications.
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~.~ ~.suranee or CO.Dlianee. owner aeknowledae. that
:: Ci:v ~; t: -i~fi~ed :: ::: will not take anv action on anv or
ar': .~~~c~v s or t Discretionarv ADDrovals under this
:~:::.:t~ ;;, _~ ::~~f~:::~f: :2: amendment. thereof. until and
~I:s ~ ~:::- - - e that the owner is not in default
:f th:; i i ;;';e; th1; Aa~e_ent ineludina ))ut not limited
o s set forth in section 7.10 and 14.
7 . ~ ComDlete construction. DeveloDer aarees to
d~l~aen~~: ~~~~let~ ~i~s~ru~ti~~ ~~ce a bui~dina Dermit has been
~ss;e~ ;~ ....;.uuer~ -the.. is v ed bv th1s Aareement. Should
~7~~~o~~i~~ t~~D ~t~e ~uf =~I~ffni Dermi~s have been issued bv the
1~ ~~':" ~u~ ~~~ 1. _t_ iscret10n determines has created
a ~~isance o~ ~~~; ;~ ~a;e~~:;z~d. t~e develoDer aarees to take
~ucn ~eDs 1e....~a~. t_ __r t e nU1sanee or hazard. Should
~evelo~er ;~~~ ~i do so t~ ~hse city's satisfacti~n. the city maY
ake w at est deems ec sarv to cure the nU1sance or hazard
~t develoDer's sole cost and eXDense.
8. DEVELOPMENT IMPACT FEES.
8.1 Existina DeveloDment ImDact Fee proaram PaYments.
Developer shall pay to the city a DIF, or construct improvements in
lieu of payment, for DIF improvements which are conditions of a
tentative subdivision map upon the issuance of building permits(s),
or at a later time as specified by city ordinance, the subdivision
Map Act, or Public Facility Financing Plan (PFFP). The DIF will be
in the amount in effect at the time payment is made and may only be
increased pursuant to section 8.6 herein.
8.2 Other UndeveloDed ProDerties. The city will use its
reasonable best efforts to impose and collect, or cause the
imposition and collection of, the same DIF program on all the
undeveloped real properties which benefit from the provision of the
public facility through the DIF program, or provided as a condition
of project Approvals.
8.3 Use of DeveloDment ImDact Fee Proaram. The DIF
amounts paid to the city by Developer and others with respect to
the Area of Benefit shall be placed by the City in a capital
facility fund account established pursuant to California Government
Code sections 66000-66009. The city shall expend such funds only
for the Projects described in the adopted fee program as may be
modified from time to time. The city will use its reasonable best
efforts to cause such projects to be completed as soon as practica-
ble; however, the city shall not be obligated to use its general
funds for such Projects.
8.4 Withholdina of Permits. Developer agrees that city
shall have the right to withhold issuance of the building permit
for any structure or improvement on the Property unless and until
the DIF is paid for such structure or improvement.
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8.5 DeveloDment ImDact Fee Credit. Upon the completion
and acceptance by the city of any public facility, the city shall
immediately credit Developer with the appropriate amount of cash
credits ("EDUstl) as determined by Developer and city. However, if
the improvements are paid for through an Assessment District, the
city shall credit the Developer with the appropriate number of
Equivalent Dwelling unit Credits (EDUs). Developer shall be
entitled to apply any and all credits accrued pursuant to this
subsection toward the required payment of future DIF for any phase,
stage or increment of development of the Project.
8.6 Modification of DevelODment ImDact Fees. The
parties recognize that from time to time during the duration of the
Agreement it will be necessary for the city to update and modify
its DIF fees. Such reasonable modifications are contemplated by
the city and the Developer and shall not constitute a modification
to the Agreement so long as: (i) the modification incorporates the
reasonable costs of providing facilities identified in the Existing
or Future Project Approvals; (ii) are based upon methodologies in
substantial compliance with the methodology contained in the
existing DIF programs; or other methodology approved by the city
council following a public hearing; (iii) complies with the
provisions of Government Code sections 66000-66009.
8.7 standards for Financina Obliaations of Owner. In
connection with the development of the property, the following
standards regarding the financing of public improvements shall
apply:
8.7.1 OWner shall pay its fair share for the
interchanges descr ibed in Paragraph 5. 1. 3 , based upon the
number of dwelling units or equivalent dwellings of develop-
ment allowed on the Property as compared to the total dwelling
units or equivalent dwelling units allowed on properties
served by such interchanges.
8.7.2 Owner shall participate in the DIF Program
for the otay Valley Parcel with other owners in proportion to
the total dwelling units or equivalent dwelling units allowed
on the property as compared with the total of such units
allowed on properties in that particular DIF or by some other
equitable methodology decided by the city Council.
8.7.3 The city shall diligently pursue the
requirements that the Eastern Territories' DIF requires
offsite third parties and adjacent jurisdictions to bear their
fair share of all otay River Valley crossings.
9. CITY OBLIGATIONS.
9.1 Urban Infrastructure. To the extent it is within
the authority and ability of the city to provide, City shall
accommodate urban infrastructure to the project, consistent with
Existing Project Approvals. Where it is necessary to utilize city
property to provide urban infrastructure consistent with the
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Existing Project Approvals, the city agrees to make such land
available for such uses, provided that the City if it so chooses is
compensated at fair market value for the property. To the extent
that the provision of urban infrastructure is within the authority
of another public or quasi-public agency or utility, the City
agrees to fully cooperate with such agency or agencies to accommo-
date the urban infrastructure, consistent with Existing Project
Approvals. Urban infrastructure shall include, but not be limited
to gas, electricity, telephone, cable and facilities identified in
the otay Ranch Facility Implementation Plan.
9.2 Sewer CaDaci tv. The City agrees to provide adequate
sewer capacity for the project, upon the payment of ordinary and
necessary sewer connection, capacity and/or service fees.
10. ANNUAL REVIEW.
10.1 citv and OWner ResDonsibilities. City will, at
least every twelve (12) months during the Term of this Agreement,
pursuant to California Government Code 565865.1, review the extent
of good faith substantial compliance by Owner with the terms of
this Agreement. Pursuant to California Government Code section
65865.1, as amended, OWner shall have the duty to demonstrate by
substantial evidence its good faith compliance with the terms of
this Agreement at the periodic review. Either city or Owner may
address any requirement of the Agreement during the review.
10.2 Evidence. The parties recognize that this Agreement
and the documents incorporated herein could be deemed to contain
hundreds of requirements and that evidence of each and every
requirement would be a wasteful exercise of the parties' resources.
Accordingly, Developer shall be deemed to have satisfied its good
faith compliance when it presents evidence of substantial com-
pliance with the major provisions of this Agreement. Generalized
evidence or statements shall be accepted in the absence of any
evidence that such evidence is untrue.
10.3 Review Letter. If OWner is found to be in com-
pliance with this Agreement after the annual review, City shall,
within forty-five (45) days after OWner's written request, issue a
review letter in recordable form to OWner ("Letter") stating that
based upon information known or made known to the council, the city
Planning Commission and/or the City Planning Director, this
Agreement remains in effect and OWner is not in default. OWner may
record the Letter in the Official Records of the County of San
Diego.
10.4 Failure of Periodic Review. City's failure to
review at least annually OWner's compliance with the terms and
conditions of this Agreement shall not constitute, or be asserted
by City or OWner as, a breach of the Agreement.
11. DEFAULT.
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11.1 Events of Default. A default under this Agreement
shall be deemed to have occurred upon the happening of one or more
of the following events or conditions:
11.1.1 A warranty, representation or statement
made or furnished by owner to city is false or proves to have
been false in any material respect when it was made.
11.1.2 A finding and determination by city made
following a periodic review under the procedure provided for
in California Government Code section 65865.1 that upon the
basis of substantial evidence owner has not complied in good
faith with one or more of the terms or conditions of this
Agreement.
11.1.3 city does not accept, timely review, or
consider requested development permits or entitlements
subaitted in accordance with the provisions of this Agreement.
11.1. 4 All e~!\er remedies at law or in equity
which are consistent with the provisions of this Agreement are
available to City and Owner to pursue in the event there is a
breach provided, however, neither party shall have the remedy
of aonetary damages against the other except for an award of
litigation costs and attorneys fees.
11.2 Procedure UDon Default.
11. 2.1 upon the occurrence of default by the
other party, city or Owner may terminate this Agreement after
providing the other party thirty (30) days written notice
specifying the nature of the alleged default and, when
appropriate, the manner in which said default may be satis-
factorily cured. After proper notice and expiration of said
thirty (30) day cure period without cure, this Agreement may
be terminated. In the event that city's or owner's default is
not subject to cure within the thirty (30) day period, city or
Owner shall be deemed not to remain in default in the event
that city or owner commences to cure within such thirty (30)
day period and diligently prosecutes such cure to completion.
Failure or delay in giving notice of any default shall not
constitute a waiver of any default, nor shall it change the
ti.e of default. Notwithstanding any other provision of this
Agreement, city reserves the right to formulate and propose to
owner options for curing any defaults under this Agreement for
which a cure is not specified in this Agreement.
11.2.2 city does not waive any claim of defect in
performance by owner if, on periodic review, City does not
propose to modify or terminate this Agreement.
11.2.3 subject to Paragraph 16.12 of this
Agreement, the failure of a third person shall not excuse a
party's nonperformance under this agreement.
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11.2.4 Remedies Upon Default. In the event of a
default by either party to this Agreement, the parties shall
have the remedies of specific performance, mandamus, injunc-
tion and other equitable remedies. Neither party shall have
the remedy of monetary damages against the other; provided,
however, that the award of costs of litigation and attorneys'
fees shall not constitute damages based upon a breach of this
Agreement where such an award is limited to (i) the costs of
litigation incurred by the City, and (ii) the "fee" equivalent
of City's costs for the services attributable to litigation
and representation by the City Attorney, including assistants
and staff.
12. ENCUMBRANCES AND RELEASES ON PROPERTY.
12.1 Discretion to Encumber. This Agreement shall not
prevent or limit Owner in any manner at OWner's sole discretion,
from encumbering the Property, or any portion of the Property, or
any improvement on the Property, by any mortgage, deed of trust, or
other security device securing financing with respect to the
Property or its improvement.
12.2 Mortaaaee Riahts and Obliaations. The mortgagee of
a mortgage or beneficiary of a deed of trust encumbering the
Property, or any part thereof, and their successors and assigns
shall, upon written request to city, be entitled to receive from
City written notification of any default by Owner of the
performance of Owner's obligations under the Agreement which has
not been cured within thirty (30) days following the date of
default.
12.3 Releases. City agrees that upon written request of
Owner and payment of all fees and performance of the require-
ments and conditions required of OWner by this Agreement with
respect to the Property, or any portion thereof, City may
execute and deliver to Owner appropriate release(s) of further
obligations imposed by this Agreement in form and substance
acceptable to the San Diego County Recorder and title
insurance company, if any, or as may otherwise be necessary to
effect the release. City Manager shall not unreasonably
withhold approval of such release(s).
12.4 Obliaation to Modifv. City acknowledges that the
lenders providing financing for the Project may require certain
modifications to this Agreement and City agrees, upon request from
time to time, to meet with Owner and/or representatives of such
lenders to negotiate in good faith any such requirement for
modification. City will not unreasonably withhold its consent to
any such requested modification.
13. MODIFICATION OR SUSPENSION.
13.1 Modification to Aareement bv Mutual Consent. This
Agreement may be modified, from time to time, by the mutual consent
of the parties only in the same manner as its adoption by an
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ordinance as set forth in California Government Code sections
65867, 65867.5 and 65868. The term, "this Agreement" as used in
this Agreement, will include any such modification properly
approved and executed.
13.2 Unforeseen Health or Safetv Circumstances. If, as
a result of facts, events, or circumstances presently unknown,
unforeseeable, and which could not have been known to the parties
prior to the commencement of this Agreement, city finds that
failure to suspend this Agreement would plaee ~he ~e8ideft~8 af Gi~y
1ft a severe aRa i..e.ia~e e.e~geRa} _8 ~keir have an imDact on the
immediate health or safety of the citv's residents or the city.
The followina shall occur:
13.2.1 Notification of Unforeseen circumstances.
Notify Developer of (i) city's determination; and (ii) the
reasons for City's determination, and all facts upon which
such reasons are based;
13.2.2 Notice of Hearinq. Notify Developer in
writing at least fourteen (14) days prior to the date, of the
date, time and place of the hearing and forward to Developer
a minimum of ten (10) days prior to the hearings described in
section 13.2.3, all documents related to such determination
and reasons therefor; and
13.2.3 Hearinq. Hold a hearing on the deter-
aination, at which hearing Developer will have the right to
address the City Council. At the conclusion of said hearing,
city may take action to suspend this Agreement as provided
herein. The City may suspend this Agreement if, at the
conclusion of said hearing, based upon the evidence presented
by the parties, the City finds failure to suspend would plaee
~e resideftta sf ~fte Ci~y 1ft a severe afta i..edia~e emer~eftey
~e ~heir heal~h a~ 8afe~y. have an imDact on the immediate
health or safety of the city's residents or the city.
13.3 Chanqe in state or Federal Law or Requlations. If
any state or federal law or regulation enacted during the Term of
this Agreement, or the action or inaction of any other affected
governmental jurisdiction, precludes compliance with one or more
provisions of this Agreement, or requires changes in plans, maps,
or permits approved by City, the parties will act pursuant to
Sections 13.3.1 and 13.3.2, below.
13.3.1 Notice: Meetinq. The party first becoming
aware of such enactment or action or inaction will provide the
other party(ies) with written notice of such state or federal
law or regulation and provide a copy of such law or regulation
and a statement regarding its conflict with the provisions of
this Agreement. The parties will promptly meet and confer in
a good faith and reasonable attempt to modify or suspend this
Agreement to comply with such federal or state law or regula-
tion.
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13.3.2 Hearina. If an agreed upon modification
or suspension would not require an amendment to this Agree-
ment, no hearing shall be held. otherwise, the matter of such
federal or state law or regulation will be scheduled for
hearing before the city. Fifteen (15) days' written notice of
such hearing shall be provided to Developer, and the city, at
such hearing, will determine and issue findings on the
modification or suspension which is required by such federal
or state law or regulation. Developer, at the hearing, shall
have the right to offer testimony and other evidence. If the
parties fail to agree after said hearing, the matter may be
submitted to mediation pursuant to subsection 13.3.3, below.
Any modification or suspension shall be taken by the affirma-
tive vote of not less than a majority of the authorized voting
members of the city. Any suspension or modification may be
subject to judicial review in conformance with subsection
16.19 of this Agreement.
13.3.3 Mediation of DisDutes. In the event the
dispute between the parties with respect to the provisions of
this paragraph has not been resolved to the satisfaction of
both parties following the City hearing required by subsection
13.3.2, the matter shall be submitted to mediation prior to
the filing of any legal action by any party. The mediation
will be conducted by the San Diego Mediation Center; if San
Diego Mediation Center is unable to conduct the mediation, the
parties shall submit the dispute for mediation to the Judicial
Arbitration and Mediation Service or similar organization and
make a good faith effort to resolve the dispute. The cost of
any such mediation shall be divided equally between the
Developer and city.
13.4 Natural Communities Conservation Act (NCCP). The
parties recognize that Developer and the City are individually
negotiating agreements with the United States Fish and wildlife
Service ("USF&W") and the California Department of Fish and Game
pursuant to the ongoing regional effort to implement the Natural
Communities conservation Act ("NCCP"), locally proposed to be
implemented through the Multi-Species Conservation Program
("MSCP"). The parties further recognize that implementation of the
agreements may necessitate modification to the Existing Project
Approvals. The parties agree to utilize their best efforts to
implement these agreements, once executed, through the timely
processing of modifications to the Existing Project Approvals as
they relate to the Property. The Developer agrees to pay the
reasonable City cost for processing work related to the modifica-
tions. Once such modifications are obtained they shall be vested
to the same extent as Existing Project Approvals.
14. DISTRICTS. PUBLIC FINANCING MECHANISMS.
This Agreement and the Existing Project Approvals recognize
that assessment districts, community facility districts, or other
public financing mechanisms, may be necessary to finance the cost
of public improvements borne by this Project. If Developer,
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pursuant to the Existing Project Approvals/Future Discretionary
Approvals, is required bY the city to install improvements through
the use of assessment districts, BB..~fti~y faeili~y die~pie~e, or
other public financing mechanisms, the City shall initiate and take
final action to aDDrOy. or d.ny eeftel~de appropriate proceedings
for the formation of such financing district or funding mechanism,
under applicable lawsL eP ordinances. or DOlici... Developer may
request that the city. but the city i. not obliaat.d to. utilize
any other financing methods which may become available under City
laws or ordinances. All costs associated with the consideration
and formation of such financing districts or funding mechanisms
shall be paid by Developer subject to reimbursement, as may be
legally authorized out of the proceeds of any financing district or
funding mechanism. DeveloDer shall comDlv with the terms of any
assessment districts or other financina mechanisms so aDDroved by
the city for PrODertv covered bv this Aareement and shall make
timelY Davments as reauired bv said financina mechanism. The city
retains its riahts to take any actions leaallv authorized as it
deems aDDroDriate to auarantee Davment.
15. ASSIGNMENT AND DELEGATION.
15.1 Assianment. Owner shall have the right to transfer
or assign its interest in the Property, in whole or in part,
to any persons, partnership, joint venture, firm, or corpora-
tion at any time during the Term of this Agreement without the
consent of City. Owner also shall have the right to assign or
transfer all or any portion of its interest or rights under
this Agreement to third parties acquiring an interest or
estate in the Property at any time during the Term of this
Agreement without the consent of City.
15.2 Deleaation/Release. In addition, Owner shall have
the right to delegate or transfer its obligations under this
Agreement to third parties acquiring an interest or estate in
the Property after receiving the prior written consent of the
ci ty Manager, which consent shall not be unreasonably withheld
~ delayed or conditioned. Provided. however. the city may
deny such deleaation and release if the city determines that
the Derformance of such obliaation would be ieoDardized bY
such transfer. Once the City Manager has consented to a
transfer, delivery to and acceptance by the City Manager of an
unqualified written assumption of Owner's obligations under
this Agreement by such transferee shall relieve Owner of the
obligations under this Agreement to the extent the obligations
have been expressly assumed by the transferee and as aDDroved
bV the city. Such transferee shall not be entitled to amend
this Agreement without the written consent of the entity that,
as of the Effective Date, is Owner, which consent shall not be
unreasonably withheld, delayed, or conditioned. The entity
that is Owner as of the Effective Date, however, shall be
entitled to amend this Agreement without the written consent
of such transferee.
16. MISCELLANEOUS ~ROVISIONS.
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16.1 Bindina Effect of Aareement. Except to the extent
otherwise provided in this Agreement, the burdens of this Agreement
bind, and the benefits of this Agreement inure, to city's and
Owner's successors-in-interest and shall run with the land.
16.2 Relationship of citv and OWner. The contractual
relationship between city and Owner arising out of this Agreement
is one of independent contractor and not agency. This Agreement
does not create any third-party beneficiary rights.
16.3 Notices. All notices, demands, and correspondence
required or permitted by this Agreement shall be in writing and
delivered in person, or mailed by first-class or certified mail,
postage prepaid, addressed as follows:
If to City, to:
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention: city Manager
If to Owner, to:
Attention: Mr. Jim Johnson
Baldwin Builders
16811 Hale Avenue
Irvine, CA 92606
City or Owner may change its address by giving notice in writing to
the other. Thereafter, notices, demands, and correspondence shall
be addressed and transmitted to the new address. Notice shall be
deemed given upon personal delivery, or, if mailed, two (2)
business days following deposit in the united states mail.
16.4 Rules of construction. In this Agreement, the use
of the singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is permissive.
16.5 Entire Aareement. Waivers. and Recorded statement.
This Agreement constitutes the entire understanding and agreement
of city and OWner with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous
agreements between City and OWner respecting this Agreement. All
waivers of the provisions of this Agreement must be in writing and
signed by the appropriate authorities of city and OWner. Upon the
completion of performance of this Agreement, or its revocation or
termination, a statement evidencing completion, revocation, or
termination signed by the appropriate agents of city shall be
recorded in the Official Records of San Diego county, california.
16.6 proiect as a Private Undertakina. It is
specifically understood by City and Owner that (i) the Project is
a private development; (H) city has no interest in or
responsibilities for or duty to third parties concerning any
improvements to the property until City accepts the improvements
pursuant to the provisions of the Agreement or in connection with
subdivision map approvals; and {Hi) OWner shall have the full
-23-
power and exclusive control of the Property subject to the
obligations of Owner set forth in this Agreement.
16.7 IncorDoration of Recitals. The recitals set forth
in Paragraph 1 of this Agreement are part of this Agreement.
16.8 CaDtions. The captions of this Agreement are for
convenience and reference only and shall not define, explain,
modify, construe, limit, amplify, or aid in the interpretation,
construction, or meaning of any of the provisions of this
Agreement.
16.9 Consent. Where the consent or approval of city or
OWner is required or necessary under this Agreement, the consent or
approval shall not be unreasonably withheld, delayed, or con-
ditioned.
16.10 Covenant of CooDeration.
cooperate and deal with each other in good
other in the performance of the provisions
city and Owner shall
faith, and assist each
of this Agreement.
16.11 Recordinq. The City Clerk shall cause a copy of
this Agreement to be recorded with the Office of the County
Recorder of San Diego County, California, within ten (10) days
following the Effective Date.
16.12 Delav. Extension of Time for Performance. In
addition to any specific provision of this Agreement, performance
by either City or Owner of its obligations hereunder shall be
excused, and the Term of this Agreement and the Development Plan
extended, during any period of delay caused at any time by reason
of any event beyond the control of city or Owner which prevents or
delays and impacts city's or OWner's ability to perform obligations
under this Agreement, including, but not limited to, acts of God,
enactment of new conflicting federal or state laws or regulations
(example: listing of a species as threatened or endangered),
judicial actions such as the issuance of restraining orders and
injunctions, riots, strikes, or damage to work in process by reason
of fire, floods, earthquake, or other such casualties. If city or
Owner seeks excuse from performance, it shall provide written
notice of such delay to the other within thirty (30) days of the
commencement of such delay. If the delay or default is beyond the
control of city or OWner, and is excused, an extension of time for
such cause will be granted in writing for the period of the
enforced delay, or longer as may be mutually agreed upon.
16.13 Covenant of Good Faith and Fair Dealinqs. No party
shall do anything which shall have the effect of harming or
injuring the right of the other parties to receive the benefits of
this Agreement; each party shall refrain from doing anything which
would render its performance under this Agreement impossible; and
each party shall do everything which this Agreement contemplates
that such party shall do in order to accomplish the objectives and
purposes of this Agreement.
-24-
16.14 ODeratina Memorandum. The parties acknowledge that
the provisions of this Agreement require a close degree of
cooperation between City and Developer, and that the refinements
and further development of the Project may demonstrate that minor
changes are appropriate with respect to the details of performance
of the parties. The parties, therefore, retain a certain degree of
flexibility with respect to those items covered in general under
this Agreement. When and if the parties mutually find that minor
changes or adjustments are necessary or appropriate, they may
effectuate changes or adjustments through operating memoranda
approved by the parties. For purposes of this Section 16.14, the
city Manager, or his designee, shall have the authority to approve
the operating memoranda on behalf of city. No operating memoranda
shall require notice or hearing or constitute an amendment to this
Agreement.
16.15 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which time is
an element.
16.16 Amendment or Cancellation of Aareement. This
Agreement may be amended from time to time or canceled by the
mutual consent of City and Owner only in the same manner as its
adoption, by an ordinance as set forth in California Government
Code section 65868, and shall be in a form suitable for recording
in the Official Records of San Diego County, California. The term
"Agreement" shall include any such amendment properly approved and
executed. City and Owner acknowledge that the provisions of this
Agreement require a close degree of cooperation between them, and
that minor or insubstantial changes to the Project and the
Development Plan may be required from time to time to accommodate
design changes, engineering changes, and other refinements.
Accordingly, changes to the Project and the Development Plan that
do not result in a change in use, an increase in density or
intensity of use, cause new or increased environmental impacts, or
violate any applicable health and safety regulations, may be
considered minor or insubstantial by the City Manager and made
without amending this Agreement.
16.17 EstoDDel certificate. Within 30 calendar days
following a written request by any of the parties, the other
parties to this Agreement shall execute and deliver to the
requesting party a statement certifying that (i) this Agreement is
unmodified and in full force and effect, or if there have been
modifications hereto, that this Agreement is in full force and
effect as modified and stating the date and nature of such
modifications; (ii) there are no known current uncured defaults
under this Agreement, or specifying the dates and nature of any
such default; and (iii) any other reasonable information requested.
The failure to deliver such a statement within such time shall
constitute a conclusive presumption against the party which fails
to deliver such statement that this Agreement is in full force and
effect without modification, except as may be represented by the
requesting party, and that there are no uncured defaults in the
-25-
performance of the requesting party, except as may be represented
by the requesting party.
16.18 Severabilitv. If any material provision of this
Agreement is held invalid, this Agreement will be automatically
terminated with neither party bearing any liability hereunder.
Notwithstanding the foregoing, within 15 days after such provision is
held invalid if the party holding rights under the invalidated
provision affirms the balance of this Agreement in writing, this
Agreement shall not be terminated. This provision will not affect
the right of the parties to modify or suspend this Agreement by
autual consent pursuant to Paragraph 12.4.
16.19 Institution of Leaal Proceedina. In addition to any
other rights or remedies, any party may institute legal action to
cure, correct, or remedy any default, to enforce any covenants or
agreements herein, or to enjoin any threatened or attempted violation
thereof; to recover damages for any default as allowed by this
Agreement or to obtain any remedies consistent with the purpose of
this Agreement. Such legal actions must be instituted in the
SUperior Court of the County of San Diego, State of California.
16.20 Attornevs' Fees and Costs. If any party commences
litigation or other proceedings (including, without limitation,
arbitration) for the interpretation, reformation, enforcement, or
rescission of this Agreement, the prevailing party, as determined by
the court, will be entitled to its reasonable attorneys' fees and
costs.
16.21 Hold Harmless. Developer agrees to and shall hold
city, its officers, agents, employees and representatives harmless
from liability for damage or claims for damage for personal injury,
including death, and claims for property damage which may arise from
the direct or indirect operations of Developer or those of its
contractors, subcontractors, agents, employees or other persons
acting on Developer's behalf which relate to the Project. Developer
agrees to and shall defend City and its officers, agents, employees
and representatives from actions for damage caused or alleged to have
been caused by reason of Developer's activities in connection with
the Project. Developer agrees to indemnify, hold harmless, pay all
costs and provide a defense for City in any legal action filed in a
court of competent jurisdiction by a third party challenging the
validity of this Agreement. The provisions of this section 16.21
shall not apply to the extent such damage, liability or claim is
caused by the intentional or negligent act or omission of City, its
officers, agents, employees or representatives.
17. AUTHORITY.
The City has entered into this Agreement based upon Baldwin's
representation that it has the authority to enter into this Agree-
ment.
-26-
SIGNATURE PAGE TO PRE-ANNEXATION DEVELOPMENT AGREEMENT.
Dated this ____ day of
, 1996.
"CITY"
CITY OF CHULA VISTA
By:
SHIRLEY HORTON, MAYOR
"OWNER"
BALDWIN BUILDERS, a CA corporation
By:
I hereby approve the form and legality of the foregoing Pre-
Annexation Development Agreement this day of , 1996.
Ann Moore, Interim City Attorney
City of Chula vista
By:
-27-
THE BAlDWIN COMPANY
EXHIBIT A
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CI1Y OF
CHULA VISTA
PLANNING DEPARTMENT
7{10/96
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EXHIBIT "C' I 1
PRE-ANNEXATION DEVELOPMENT AGREEMENT
Olav Vallev Parcel 643-C70-C1 Baldwin Builders 219.68
Olav Vallev Parcel 643-C70-C3 Baldwin Builders 611.43
0Ia,' Vallev Parcel 644-CSO-C6 Baldwin Builders 160.11
Olav Vallev Parcel 644-C80-C7 Baldwin Builders 212.97
TOTAL 1.204.19
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(P~o Hac Vie. '.ndin;)
MGDaKOT'f. WXWO . DDY
104' eent~ 'a~~ laet. tulta 3400
toe Ant.le., Cll1fornil 1006'-'201
4 Tele>>boner ('10) 1".4110
I ['ropo...) CO~fI..l tOI' Davia G~l., Cbaptar ~r ~~F::?~~
101' Deb1:ou I.\1.DWltl ,un,gus &n4 L\1DWIN IU%LDINr~ c:.:.. -.
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Exhibit D
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WITEg nWI'I1 IIJf1CatJP'J'CY COURT
clN'l'W. DI8'1'JaCl' or CN:.UOIUtU
.
!
IA1.DWIN 1IUIt.DtslS, a california )
corporation I an4 1I~WI" )
tUn.DING CONTMCTOU. . )
~11to"Dl. ~1alt.d 'artn.rahlp.)
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ca.. Ro.. KD 'e.l'057-~ &ft4
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(Jointly ~dmlni.te...d Ond...
c... .0. ND .5-10'S'-")
Qaptu U
OJtr)D UPROVXMG DCPLOomrr
COM'fJt.\CJ' 1InwlD 'BUSTE!: NO)
tTDCKY EI. ",OIDCIOM
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2. 'Ihe COlan h. conaiden4 t:M .oti_ 0' "pUQUan aM
I AppU.c.~1on ot Davi4 10\&14 to ..,10' .J~ D. .Jobnaon U Q1.,
, beoll\!Y8 Ortloo~ of ~ ..u~., ~in~ AMn4M.ft~ &ad eo-oni.OM
. to AppU_~10" ot David '.1114 '0 IIIpl"1 I's.y D. "oblwon .. ~hr
. beouUvo OfUcer of ~. Iftate., an4 ua liecura1:iona .f "iay D.
. .John.em, K. rnlS410 "i.., Catho~1no 111"1.., and David oola14 1n
7 OUPPOR thor.ot, .. von a. .11 o~.otlona '=hUOq.
. "b. COUZ't, UNl1rq ~.t 900eS caiola. &K18t. to lI'ant S!I.
. APpl1oa~1an, bor.brl
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10 C OaDEU, tbat ~,AppUeaUon, .0 uandad 1a .ppnYM ....
11 ~. It 18 f\ll'tbar, _
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11 O~DEC, tba' all o~jooticma are overrul.d v..I;.R1)'. It
l' b "'"har,
J.4 OItDDID, thn "ia)' D. I'ohnaoD, &II lai. Cl&pacUr .. ~
2.' De~OZ'OI Ollar "OeNtiVl OfUcer I' all~rba4 to __~ ..c:rov
11 in'~CJtiol\o, 9Z'Mt tl0ecS8 and Nlatad dOCll8enU fol' Nl.. in tb.
17 oZ'41"a~ oollno of ~dno.., .. voll a. ,.1.. ,Z'ov!oIM11 .ppz,o....1I
u ~ U. 'In.t.. aftd ~1' COIll't.
15 Z'l' II 10 ON>!ItID. ROB'N L R'BlET
10 DA'1'EDI
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JIM .JCJ-tIS()-I
PAGE ~2
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1 ~i. R. Landau (SaN 143391)
Joaepn S. saracnek (Pro Hae Vice)
a seth T. ~arpinski (SaN 13774"
McDERMOTT, WILL , !MERY
J Z04' Century 'ark East, suite 3400
Los Anqel.., California '0067
4 ()lO) 277-4110
Attorneys for David Gould, ,<:!Iaptar 11 Tcust · r.f.MTf;1!:JJ ;-J
i ,<; :IO~ :; ,
L..a~"'--:'.'. ..... J
VIIn'aD ''U.'US IAlfUt1I"J'CY o~'!'-"'t......'.i~:';:;:"" I
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CZ~L DJ_TaICT OF CALIFORBIA
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Case Nos. NO 95.13057RR and
ND ".13058M
BALDWIN BUILDERS and
BALDWIN 8U!LDING
CONTRACTORS. a California
liaited partner$hip,
ChIopt.er 11
(Jointly Ad~ini.ter.d Under
Case No. ND 95-13057RR)
8\111JI.!MD'1'AL OaDP Ito. 1
AllfIIORUI!lG 1'98 CHAP'rP 11
nust'u '1'0 sau CDtAIII
'RO"RTIII FREI ~ CLIAR)
ISt'ABLt..llfC JaOeIDUR.. ro.
DlSPOSITIOK OF S&L2 .aOCBIDS;
DD 1'011 ALLOCA'UON OF .acc.1D8
MOHG IIB~IIIC8' LIIN CIoAJKAII'1"
Debeors.
Taxpayer Identification
Nunber& 95.2403206 and
-0336107, respectively.
Date:
TiM:
Place:
septa_ber 3D, 1"6
10:00 ..11\.
CourtrOOJ:l 104
222 East Carrillo Stroat
Santa Barbara, CA 93101
i" -
8~ ~ On SepteAlber 30, 19,. at 10:00 iI.lI. in tna courtroom of
....It. !':
ib. HOhorable Robin L. ~1blet,:united States .ankruptcy Jud9a, tne
C~t ~on.lderad the eonte.ted'.atter crea~ad by the objection of
Fire..n's Fund Xnsurance Company ("I'FIC", and Aaerican Insurance
0-' ,
~p.dy ("":JC") t.o the Ngt1ee ~t Addition of Honoes filed by the
dhapter 11 Truste.. David COU1~ (t.he "Truet..e",. which notice
1.
lD/~1/1996 15:19
7l466DM21D
JIM JtJ-tISCJ'I
PAGE D3
11
12
13
14
15
16
17
18
19
20
U
22
\ 23
24
25
2'
27
a8
1 would aake additional Ho... (as defined in the 5.1. Alloea~ion
Z O~er) .Ubj.~t to the .Order Autho.i;i~ the Chapter 11 Trustee to
) Sell Certain Proper tie. Free and Clear: E.~abli.hi"9 Proc.d~re.
4 for Disposition of Sale Prooeeds; and tor Allocation ot Pro~eed.
5 bonq Meehanics' Co!en claill.nts," entered .7'11y 19, 1911' (the .S.1.
· Allceatipn Order-). Appearance were mad. a$ noted on the record.
7 The court, havinv considered the natter, tne objection of
. P~IC and AIC and the raply Of the Trustee, and 900d oe~se
, appear!nq therefor for the rea.or.s stated or. the record;
~.;, -,...
10 11' IS HIa..y oaCIIRID 'I'HI<!':'
1. The HOlies ftt.ntiUed by legal description attacbed
to thil' Order a. !xhlbit A (the "Added Homee") ara hereby added toO
the procedure. Of the lale Allocation-order;
2. ~itle to an:A~ded Hone will pas. to the pu~ch..er
tree and cl.ar of the Clai~$-.nd interests only of the
Subcontractors end the DIP II and Tl Credit Providers and no~ of
any other Int4re.ti
). Sate. of the Added Hoae. pursuant to the ~erac of
this Order .hall be (ree end-'Clear of only the liens and int.~..~.
of the DIP II and T1 Credit Providers and 'the Claia$ of the
, '
Subcontractors a. defined in the Sale AllOcation Order, and not of
any other interest. clai.. ~t the subcontractors ahall
"I-
apeCifically include but ahall not be limited to Clai.. ot tho..
SWbcontractore identified on' ~~ibit B hereto, all such
SUbcontraotore having been ..~~ed with the Tru.t..'. Notice. Any
''i
Subcontractor that .ubsequentlY render. services or d.liverc 90od.
-,
,,;'
'Defined ter'lla harein _hall have the .allle ....nino; .. contained in t.h.
S.l. Allocation Ord.~.
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20
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22
23
24
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26
27
28
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PAGt: 114
1
;2
th~t did not previously receive notice of the Notice .hall also
bOUnd by ~e eer.. h.r.o~ provi~in9 a copy ot ~hl. Or4er Is
bel
3 personally .erved upon suoh subcontractor prior to the delivery of
4 8uch goodS or rendition of such servioes; and
!5 4. The proce4~I;'~s for QllOC4ltion of proceeds a_n,
, aechenIo.' l1en clai.ant. and e.t.bli.hl~ procedure. tor
'7 dispoaition of .ale proceeds provided tor in the sale AllocatIon
· Order, a oOpy of which is attached to and incorporated in th~.
i Order a. E~hlb1t C, as well as'all other term. or the sale
~~, ,..
10 AllocatIon Order .. aoditied .~ further order of this Court, ea.1l
11 express IV apply to the .ale of any Added Home..
12
13 Datltd: IEP.' 1111&
14
ROBltl L RISLET
ROBIN L. RIBLE'l'
UMITED nATES IAIIXRUPTCY JUDG!
15
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T" eA\.OWIN COM~ioHY
7Ia3Jt1 "..
TOTAL ~OWg Re lolA/NINO
...tulter PIIOIIUCT t!!eB WilD Lm !.2!!
,
HOUIES
Or.... Counc,
"01:011 "'If "'_0 :1 38 0 H
Nl'ov. ""k 3 J6 0 3Q
s.,..-_ '11';'" 1olo:I1'1 . 0 .
11ft Dllto COUtII'f
D-. Aka-te 3 22 I) ~l
~..... VIIt> . I~ 0 10
'l'oIego..,., CroaaIngs . U 0 .~
T.;'9""" CIONllt8' . II ~ :1
TOI8O...rt- C,.",. I 14 0 ,.
.....,.~ CIII"'" ,. J 2t 0 JI
.1
OIM'
Ar~o_. C;QMOO Alllllfl,q Condo 1 0 1
~~ '.,0- ROIII"""III "'\'NoI< 1 0 ,
TO"., ...... CO"". 'IGmY ,."". ColI. 1 ~ 1
M__ >10.,. "'._~ Ho_ , 0 1
TOTAL HOUIa 'III 0 ~1!6
WI2
VOIII"I COUnl\'
o_cr "';'. We&! \In/~ 38_ 0 31 Ac,es
"
t'VU!CIT '\
1~/61/1996 15:19
7l466~M21~
JIM JCI-tI5O'I
PAGE ~6
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TI"f aAL~!\I COM~i\NY
TOTAL C4.0'!D 1tI""'"'HQ
......!''!2:!J9T__ -~_ _ I'IIoUE_ .~,_ ..19!!... _ JQTI_
,"VfNfOIU'
0'.... C.""tr
P~I'GI' Mit1a
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MOOel.
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COUNCIL AGENDA STATEMENT
ITEM
//
MEETING DATE
10/1/96
ITEM TITLE:
Public Hearing to notice use of COPS Funding
per AB 3229 Citizens Option for Public
Safety for Local Law Enforcement Services
Resolution /&"7'i'1::ccePting $356,408 for Local
Law Enforcement from the state budget to pay
for police personnel and related equipment to
be identified
Chief of pOlice~~v/
City Manager0J/~ (4/5THS VOTE: YES~ NO
~tlJ
SUBMITTED BY:
REVIEWED BY:
During the 1996-97 budget process, Council authorized the Police
Department to pursue funding for Community Oriented Policing
projects. The state budget was adopted appropriating $356,408 to
the City of Chula Vista as a result of Assembly Bill 3229, Brulte.
This bill allocates state money to police departments for purposes
stipulated by the Citizens Option for Public Safety (COPS) Program.
RECOMMENDATION:
That Council hold a public hearing to notice use of COPS funding to
pay for "front line police services" and adopt a Resolution
accepting $356,408 from the state budget. (This action does not put
the City at risk or obligate it to accept the funds.)
BOARDS/COMMISSION RECOMMENDATION: The state appropriation requires
a Regional Oversight Committee's approval of the funds prior to
disbursement. In response, an Oversight Committee was established
in San Diego County. The Commi t tee recommends approval of the
state local law enforcement funds as proposed. The San Diego
County Oversight Committee is comprised as follows:
1) One municipal Police Chief - Rick Emerson, CVPD
2) The County Sheriff - B. Kolender
3) The District Attorney - P. pfingst
4) The County's Administrative Officer - Lawrence Prior, III
5) One City Manager - J. Bowersox, poway
/)- /
PAGE 2, ITEM
MEETING DATE 10/1/96
II
BACKGROUND:
The California Legislature, with support of Governor Wilson,
enacted AB 3229 (Chapter 134) into law during the 1996 legislature
and state budget session. The legislation allocated $100 million
statewide to local Police Departments, County Sheriffs and District
Attorneys. Of this money, $75 million was divided among patrol-
responsible law enforcement agencies, $12.5 million was distributed
equally to Sheriffs for county construction and operation and the
remaining $12.5 million was divided among all District Attorneys in
the state for criminal prosecution. The funds for local law
enforcement were divided on a $2.30 per capita basis. Based on
this formula, Chula Vista was allocated $356,408 to fund "front
line police services."
DISCUSSION:
As part of the Police Department's on-going effort to obtain COPS
funding and minimize the cost of police services to the General
fund four grant programs (including AB 3229) will be forwarded to
Council for consideration on October 8, 1996. A summary of these
programs (AB 3229, COPS Universal Hiring, Domestic Violence and the
Federal Local Law Enforcement Block Grant) is attached to serve as
a reference point in reviewing these agenda statements. In brief,
together these programs provide $1.2 M in new funds for
supplemental local law enforcement services. The funds are to be
used to supplement and not supplant. Some of the grant monies
require a local match and have future fiscal implications to the
General fund. Staff will address these issues in the Agenda
statements to be forwarded to Council on October 8, 1996.
AB 3229 - Citizens Option for Public safety is one of four grant
programs to be forwarded to Council for consideration on October 8,
1996. However, in order to be eligible for funding, AB 3229 -
Citizens Option for Public Safety stipulates that 1) a public
hearing be held in September noticing the intent to use these funds
for local law enforcement services; and 2) that a plan for the use
of the funds be approved by Council within 60 days of the public
hearing. The police department was advised of this requirement in
late September and was unable to meet the public hearing notice
requirements. As a result, this public hearing is scheduled for
this meeting. Staff does not anticipate any appropriation problems
as a result of this action.
1/- .2,
PAGE 3,
ITEM /1
J/J);/jt
MEETING DATE
As mentioned above, the agenda item with staff's recommendation for
specific use of the funds will be forwarded to Council on October
8, 1996. This will provide Council with the opportunity to review
use of these funds in the context of all grant opportunities
available at this time. In the interim, the police department
recommends that the City Council accept the state allocation and
approve, in concept, potential use of the funds for personnel and
equipment costs related to the expansion of the "front line police
services. " Staff will describe the short and long term
implications of proposed personnel or equipment purchases to be
funded by this appropriation in the agenda items to be forwarded.
In the event, Council chooses not to accept staff's recommendation
for use of these funds, Council is under no obligation to accept
the State appropriation per AB 3229.
FISCAL IMPACT:
Acceptance of the funds would make $356,408 available for local law
enforcement needs. The funds have a 25% in-kind contribution
requirement; thus, no impact to the General Fund. However, the
funds must be used to supplement local law enforcement not
supplant. Reoccurring costs to the City would depend on the use of
the funds. Fiscal implications will be described in agenda items
to be forwarded to Council.
ATTACHMENT 1 - Summary of New Grant Opportunities
<>
/ / ~ -_'?
RESOLUTION NO. /:11) Lj t.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $356,408 FOR LOCAL LAW
ENFORCEMENT FROM THE STATE BUDGET TO PAY FOR
POLICE PERSONNEL AND RELATED EQUIPMENT TO BE
IDENTIFIED
WHEREAS, during the 1996-97 budget process, Council
authorized the Police Department to pursue funding for Community
Oriented Policing projects; and
WHEREAS, the
$356,408 to the City of
3229, Brulte; and
state budget was adopted appropriating
Chula Vista as a result of Assembly Bill
WHEREAS, said bill allocates state money to the local
agency for purposes of the citizens Option for Public Safety (COPS)
Program; and
WHEREAS, the City Council held a public hearing on
October 1, 1996 to review and accept COP Funding per AB 3229.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby accept $356,408 for local law
enforcement from the state budget to pay for police personnel and
related equipment and appropriate said funds to Fund 214
Supplemental law Enforcement Services Fund.
Presented by
Approved as to form by
Richard P. Emerson, Chief of
Police
(~.ml u.{c.e-L?1-- ~:Z:i; iu..~y
A . Moore, ~ctlng C t~~
Attorney
c: \rs\AB3229.COP
I) ~ 1/
ATTACHMENT 1
SUMMARY OF NEW POLICE GRANT FUNDING OPPORTUNITIES
Grant Title Amount Local Status Recommended Use
Match of Funds
AB 3229 - Citizens $356,408 In-kind To be $122,364 to offset
Option for Public Services disbursed local match for 6
Safety (State Budget October 1996 officers under
Appropriation) Universal Hiring
Grant; $10,000 for
Upgrade of Agt. to
Sgt for Domestic
Violence Grant
$184,044 for
equipment; &
$50,000 for
services.
Universal Hiring $450,000 Spreadsheet Disbursement Pay for 6 Officers
Grant - Pays partial over three Attached of A ward
salaries & benefits years Pending
for 6 new officers
over three years.
Domestic Violence $150,000 $30,000 in- A warded; Pay for one
Grant - Pays for one to renewed kind funds may be Sergeant, one
Agent, one Admin. annually services drawn pending Admin. Office
Office Asst III, and for three Council's Assist. III, and
$30,000 in years Approval contractual services
contractual services with Children's
with Children's Hospital
Hospital for Family
Protection Services
(Federal) Local Law $257,401 10% local Award & Pay $94,618 for
Enforcement Block match disbursement one Animal control
Grant - Pays for ($25,741) of funds Officer, .5 Crime
personnel, overtime, pending Prevention
equipment, enhanced Council's Specialist; .5 Grant
security measures. Approval Writer; $10,000 for
A ward based on overtime; $95,783
Crime Rate and equipment and
distributed on a per $57,000 in security
capita basis. measures.
//~ _?
ATTACHMENT 1 CONTINUED
UNIVERSAL fiRING PROGRAM COST
The COPS Universal Hiring Program authorizes funding under the Crime Bill for six additional
police officers for Chula Vista. Up to a maximum of $75,000 per officer is provided over a
three year period. The grant offsets approximately 57%,50% and 36% of the City's salary and
benefit costs per position for the three-year funding period. On the fourth year, the City would
pay the full cost associated with each position added. The following is a breakdown of the cost
of adding new police officers.
The cost for adding one new officer under the COPS Universal Hiring Grant Program is as
follows:
Year 1 Year 2 Year 3 Total - 3 Yr.
Federal Share $27,033 (57%) $26,662 (50%) $21,248 (36%) $ 74,943
City Share 20,394 (43%) 26,661 (50%) 37,773 (64%) $ 84,828
Total $47,427 $53,323 $59,021 $159,771
The personnel cost for adding six new officers is as follows:
Source Year 1 Year 2 Year 3 Total - 3Yr
Federal Share $162,198 $159,972 $127,488 $449,658
City Share2 122,364 159,966 226,638 $508,968
Total $284,562 $319,938 $354,126 $958,626
2The City's share is to be offset by COPS funding per AB 3229 _
Citizens Option for Public Safety.
J//~
ITEM TITLE:
A.
B.
COUNCIL AGENDA STATEMENT
.}
Item ) ~
Meeting Date 10/1/96
Public Hearing Regarding existing and proposed rates and charges
for Cox Communications' Basic Service Tier and associated equipment and Cable
Programming Services Tier, as submitted by Cox Communications to the City via
Federal Communication Commission (FCC) Forms 1235, 1240 and 1205.
Resolution /6 Y ~ 7
1) Disapproving upgrade-related increases in Maximum Permitted Rates for
the Basic Service Tier;
2) Directing staff to file a complaint with the FCC on behalf of local
subscribers regarding upgrade-related increases in the Cable Programming
Service Tier rates;
3) Approving proposed cost-based rate decreases for associated equipment;and
4) Approving proposed cost-based increases in the Maximum Permitted Rates
for the Basic Service Tier.
SUBMITTED BY: Principal Management Assfi~ Young~
REVIEWED BY: City ManageJ~ ~ ~\ (4/5ths Vote: Yes_ NoX)
In May 1996, Cox Communications instituteH$3.79 increase in its Cable Programming Services
(CPS or "expanded service") tier. This charge is subject to FCC regulation, thus any complaints
must be filed with the FCC. At the same time, Cox proposed to raise its Maximum Permitted
Rates for the Basic Service Tier, which is subject to City regulation. Both of these changes were
based on costs to upgrade Cox's infrastructure. Further cost-based increases in Maximum
Permitted Rates were requested in July, along with decreases in the rates for associated
equipment/installations (e.g. charge per installation; rental of decoder boxes, remote controls).
A study by Public Knowledge, Inc. of Cox's methodology in spreading its upgrade costs called
into question both the Basic and CPS share of the upgrade. That same study found the cost-based
increases to be appropriately justified. Accordingly, staff is presenting a recommendation to deny
and/or protest the questionable upgrade-related rates, approve the equipment rate decreases and
approve the cost-based service charge increases. On those portions of the rate requests with
which the City disagrees, the FCC is the final arbiter. Should Cox wish to institute such rate
increases above the City's objections, they would be required to file an appeal with the FCC in
conjunction with any rate increase. If the FCC finds in the City's favor, any overcharges would
be subject to refund by Cox.
RECOMMENDATION: That Council:
1. Conduct the public hearing; and
2. Adopt the resolution: 1) Disapproving upgrade-related increases in Maximum Permitted
Rates for the Basic Service Tier; 2) Directing staff to file a complaint with the FCC on
behalf of local subscribers regarding upgrade-related increases in the Cable Programming
Service Tier rates; 3) Approving proposed cost-based rate decreases for associated
/~~/
Item , Page 2
Meeting Date 10/1/96
equipment; and 4) Approving proposed cost-based increases in the Maximum Permitted
Rates for the Basic Service Tier.
NOTE: On September 26, staff received verbal notice from Cox that they would not be
pursuing the cost based equipment and monthly rate changes at this time. Upon receipt
of written confirmation of this withdrawal, staff would recommend deferral of parts 3 and
4 of the resolution.
BOARD/COMMISSION RECOMMENDA nON: N/ A
BACKGROUND
Rate Structures and Subscribership
Cable service rates are structured and regulated as follows:
Table I: Tiers of Service
SERVICE TIER EXAMPLES REGULATION
Basic Cable Broadcast networks, Local Franchising
Government Access, WGN, Authorities (Cities)
C-SPAN, TBS
Cable Programming Service CNN, ESPN, A&E, Bravo, Federal Communications
MTV, Disney, Nickelodeon Commission
Premium Charmels, Pay- HBO, Showtime, Viewers Unregulated
per-view and other "a la Choice, ESPN-2 (see
carte" services discussion below), Turner
Classic Movies
The 1992 Cable Act provided local cable television franchising authorities with limited ability
to regulate Basic Cable and certain associated equipment rates. Limitations on Basic Cable rates
are intended to protect residents who want just bare-bones television service from paying higher
prices due to technological or other barriers to effective competition. Under the terms of the
1992 Cable Act and City Council action, Chula Vista's limited rate regulation authority became
effective September 1, 1993.
Rates for expanded tiers, which include such charmels as CNN, ESPN and MTV, are now known
as "Cable Programming Services" and are regulated by the FCC upon the filing of complaints
by subscribers, submitted through a local franchising authority. Rates for premium and pay-per-
view charmels, such as Cinemax or HBO, are not regulated by any agency under the Cable Act
of 1992. With the lesser rate regulation applied to CPS and premium services like HBO and
Showtime, cable companies can theoretically make up for the regulated nature of Basic Cable by
effectively marketing the optional programming.
/.2 - d-
Item , Page 3
Meeting Date 10/1/96
In Chula Vista, Cox currently has 823 customers receiving Basic Cable only, with 33,484
receiving Basic + Expanded (marketed as 'Cox Classic') service. Thus, of Cox's 34,713
residential customers, only 2.4% receive Basic Cable only. (These totals do not include 1,229
commercial customers such as restaurants and bars, which typically subscribe to expanded
service).
Ongoing Cable Rate Deregulation
The Federal Telecommunications Act of 1996 was signed into law in February. It has since been
followed by a number of proposed, interim and final regulations which are the tip of the iceberg
in terms of how this landmark law will be interpreted and implemented in the coming years.
In terms of cable rate regulation, this law continues to allow for local regulation of Basic Cable
rates until such a time as effective competition is reached. Cable Programming Service regulation
by the FCC also continues, but with a sunset date of March 31,1999. It is assumed that by that
date, and probably much sooner, there will be a host of new competitors providing similar
services. These services may be delivered by telephone companies, via fiber optics, via satellite,
or through "open video systems" which are pass-through companies facilitating customers striking
their own deals with entertainment retailers. Regardless of what form this "effective competition"
takes, the mere presence of an alternative with sufficient capacity and market share would be
considered by the 1996 Act to be evidence that local (Basic Cable) and federal (CPS) rate
regulation is no longer necessary.
Locally, Chula Vista Cable is judged to have effective competition based on the market share
held by Cox. Federal law thus allows Chula Vista Cable free rein to set their own rates on the
assumption that if they priced themselves too high, customers could switch to Cox. However,
since Chula Vista Cable has a much smaller customer base and area of service, it does not serve
to give Cox "effective competition" and thus Cox's rates are still regulated.
DISCUSSION
Maximum Permitted Rates
When filing for rate increases with the local franchise authority or FCC, cable companies can
request designation of a Maximum Permitted Rate (MPR). In practice, Cox has not charged for
cable service at the full MPR. Their MPRs as of 1/1/96, the changes that have been proposed
in them, and the actual rates currently assessed are as shown in Table 2.
As of 1/1/96, Cox was charging $1.68 less than their Maximum Permitted Rate ($24.88 - $23.20).
When they began charging their upgrade-related increased rates in May, they were charging $2.11
more than their previous MPR, but $3.65 less than their requested increase in the MPR.
Although some rate increase would be expected following an MPR increase, it is difficult to
predict what cable rates will be in the aftermath of these various rate filings. Based on past
J~ ~-:;
Item , Page 4
Meeting Date 10/1/96
experience and considerations of what the market will bear, it is unlikely that Cox will seek to
increase the actual rates to the full MPR.
BASIC CABLE CPS (EXPANDED TOT AL:BASIC+CPS
SERVICE) (COX CLASSIC)
MAXIMUM PERMITTED RATES
MPR as of 1/1/96 $7.74 $17.14 $24.88
Upgrade-related $1. 73 $4.03 $5.76
MPR increase
request (Form 1235)
Cost-related MPR $2.00 $0.04 $2.04
increase request
(Form 1240)
TOTAL MPR $11.47 $21.21 $32.68
Requested:
I ACTUAL RATES I
Rates Charged as of $7.30 $15.90 $23.20
1/ 1/96
Rates Charged as of $7.30 $19.69 $26.99
5/1/96 (Current
rates)
Actual Increase to $0 $3.79 $3.79
date:
Table 2: Maximum Permitted Rates (MPR) vs. Actual Rates
Upgrade-Based Rate Proposal (1235 Filing)
Under FCC rules, cable companies may file for rate increases for either: 1) costs related to
service or infrastructure upgrades or 2) increased costs of doing business.
Earlier this year, Cox filed a rate increase request related to upgrades to their transmission
facilities from 450 megahertz (MHz) to 750 MHz. From this upgrade, a 100 MHz increase (from
450 to 500) was activated in the form of new channels and services. It is this "used and useful"
portion of the upgrade that Cox proposed assessing to the Basic and CPS service tiers.
).2 - Y
Item , Page 5
Meeting Date 10/1/96
The rate proposal was for an increase in the Maximum Permitted Rates for Basic Cable of $1.73
per month and for Expanded (or CPS) rates of$4.03 per month. The actual rates for Basic cable
remain unchanged at $7.30 per month. CPS charges were increased in May from $15.90 to
$19.69 (an increase of $3.79 of the total $4.03 of the requested MPR).
In cooperation with San Diego, Poway. National City, La Mesa and Imperial Beach, Chula Vista
once again contracted with Public Knowledge, Inc. to perform a detailed review of Cox's rate
proposals (at a cost of $200 per form per city -- $400 for Chula Vista for the 1235 and 1240
review). That review found the cost-spread to be flawed (see Attachment #1). In essence, the
upgrade has been used primarily to provide new premium services, while the costs have been
assessed primarily to non-premium services. Based primarily on this review and also on customer
complaints received by the City, I staff recommends filing a formal complaint with the FCC.
As a postscript, subsequent to Public Knowledge's discussions with Cox and sending them a copy
of the attached report, Cox has since notified the City (See attachment # 4) that it intends to
realign their channel line-up effective September 30 to place ESPN-2 and the History Channel
(added for an additional charge after the upgrade) on the CPS-tier. They also plan to add two
new channels to the Basic Tier. These changes may serve to mitigate the overcharge, but based
on the months the overcharge has been in effect, staff would still recommend proceeding with
the FCC complaint.
Cost-based Rate Proposal (1240 Filing)
The subsequent proposal received in July contained two requests: 1) an additional inflation and
operating cost-based increase in maximum permitted monthly rates, and 2) a decrease in
equipment and installation rates (see discussion of Form 1205 below).
The cost-based proposal would increase the Maximum Permitted Rates for Basic Cable by $2.00,
and increase the maximum permitted CPS rates by $0.04. This is a combination of projected
inflation costs (as per FCC procedures), "true-up" for variation in previous inflationary estimates,
and adjustments for changes in the channel line-up. True-up adjustments do not typically enable
full after-the-fact cost recovery. Thus, cable companies have an incentive to project their
inflationary costs ahead of time. An increase in the MPRs based on projected inflation allows
companies to raise their rates as additional costs are incurred and minimize any cost-recovery loss
through the true-up process. Public Knowledge's report found the methodology followed in
Cox's cost-based MPR increase proposal to be appropriate.
1 Typically, when customers have complaints about their cable rates, they complain to their
cable companies rather than to the franchising authority (city). This may be due to a lack of
understanding of who oversees a franchise and to federal moves toward deregulation. However,
current FCC regulations require at least two customer complaints be received by a city before a
complaint may be filed with the FCC. Chula Vista's proposed FCC complaint follows complaints
by two city employees who are also Chula Vista customers of Cox Communications.
----
).2 - S
/'
Item , Page 6
Meeting Date 10/1/96
Although Cox has stated that there is no plan to increase the actual rates at this time, they would
have the discretion to charge their MPRs at any time. If the City were to object to an MPR
increase and Cox were to increase their rates in spite of that action, the matter would be adjudged
by the FCC, with refunds ordered if appropriate.
Eauiument and Installation Cost-Based Rate Prouosal 0205 Filing)
The following chart shows the proposed changes in equipment and installation charges. Due to
the fact that the Chula Vista, National City and Imperial Beach rates in each case were proposed
to decrease from the current rates, staff from these three cities concurred in not requesting a
detailed evaluation of this proposal by Public Knowledge.
In the cities of La Mesa and Poway, Cox had originally proposed increasing the equipment and
installation charges to bring them up to the level charged elsewhere in the county. That proposed
increase has since been postponed. If it were to be revisited, the detailed review to be undertaken
by those agencies would serve as a valuable benchmark for the south bay cities to use in
evaluating their own equipment and installation rates. (NOTE: These rates were last analyzed
in 1994 and found by Public Knowledge to be justified).
It is staff's recommendation that these lower rates be approved.
Table 3: Equipment Rates (1205 Filing)
Current Proposed Change
Installation (unwired) 43.00 31.03 -$11.97
Installation (pre-wired) 22.00 15.52 -$6.48
Add'l Outlet (@ installation) 30.00 20.17 -$9.83
Add'l outlet (after install.) 30.00 23.28 -$6.72
UpgradelDowngrade 10.50 2.00 -$8.50
Decoder rental/month 2.94 2.51 -$0.43
Converter rental/mo. 1.51 1.40 -$0.11
Remote rental/mo. .35 .28 -$0.07
/.2~?
Item , Page 7
Meeting Date 10/1/96
Feedback received from Cox
As of this writing, Cox has taken the position that all rate filings represented appropriate cost
distributions to the various service tiers. They have been provided copies of the draft FCC
complaint and the Public Knowledge report and have yet to give any specific comments. They
have, however, given verbal notice that they will be postponing the cost-based changes in their
equipment and monthly MPRs. A written confirmation of this action is expected on Friday,
September 27 and will be provided to Council on the dais.
Actions under consideration: Other Cities
The Cities of Chula Vista, National City, Imperial Beach, La Mesa, Poway and San Diego
cooperated in the hiring of Public Knowledge to review the cost-based filing. Public Knowledge
confirmed, as discussed above, that the cost-based increases were appropriately justified.
Assuming Cox pursues these increases as originally planned, those cities anticipate action to
approve those cost-based MPR increases in the near future.
The upgrade-based rate increases applied only to Chula Vista, National City and Imperial Beach,
with the same apparent overcharge in each case. At this time, National City and Imperial Beach
have yet to take a position on filing an FCC complaint on the CPS increase or rejecting the Basic
cable MPR increase.
Recommended Action
The various FCC forms involve complex formulas to determine allowable rate increases. The
FCC suggests that cities should proceed to make rate determinations in good faith, and have
indicated that they will defer to the franchising authority's decision if it is supported by a
reasonable basis. Based on the review by Public Knowledge, it appears that the formulas for a
cost-based increase were applied correctly, but those for an upgrade-based increase were not.
Staff has concluded that the City has made a good faith effort to properly interpret the FCC
regulations and that it is appropriate to take action at this point. Staff recommends proceeding
with the various recommendations embodied in the resolution. Subject to written confirmation
from Cox that they are deferring action on their cost-based equipment and MPR filings, staff
would recommend deferring action on parts 3 and 4 of the resolution.
If Cox disagrees with the City's action, it may appeal the decision directly to the FCC. To date,
staff has received no formal or informal response from Cox on the draft FCC complaint. If Cox
has any further input regarding the FCC Complaint, it will be attached to the complaint prior to
mailing per FCC regulations.
)2-7
Item , Page 8
Meeting Date 10/1/96
Notice Provisions/Schedule for Review
Notice of this public hearing has been published in a newspaper of general circulation for two
weeks, with additional notice of the hearing and the draft FCC complaint provided to Cox. The
published notice specified that the hearing concerned 1) changes to the MPRs, not the actual rates
charged, 2) decreases in the equipment and installation rates, and 3) consideration of a complaint
to the FCC regarding a previous rate increase that is subject to FCC, not City regulation. Since
the rates Cox is seeking to increase are Maximum Permitted Rates only, the notice clarified that
the effective date of any rate increases is unknown and subject to Cox's discretion (with no
further filing required) once the MPRs are approved.
According to FCC noticing provisions, Cox is to be afforded a 30 day review period prior to a
CPS-tier complaint being filed with the FCC. That review period has now been in effect for
approximately 19 days (draft complaint mailed on September 11). Unofficially, Cox also
received an advance copy of the Public Knowledge report on August 27. It is staffs opinion that
this should be sufficient time for Cox to provide reasonable input for the City's purposes in filing
the CPS-tier complaint. If in the next ten days Cox provides some further response to the City's
draft complaint to the FCC, staff will attach this response to the official complaint, per FCC
requirements.
The timing of this report is meant to accommodate the FCC's process for filing a complaint about
Cable Programming Service rates. It is also meant to coincide with Cox's planned October 1
cost-based increase in the Maximum Permitted Rates for Basic and CPS cable services.
According to FCC rules, a complaint on CPS rates would need to be filed within 180 days of a
rate increase, while first allowing for Cox to review the draft complaint for a period of 30 days.
With the increased rates effective May 1, the 180 day deadline would occur on October 28. To
facilitate Cox's 30 day review, they were sent a copy of the draft FCC complaint by certified
mail on September 11. If Council concurs with staff s recommendation to file the FCC
complaint, that complaint would only be filed following the conclusion of the 30 day notice
period and any further response from Cox.
FISCAL IMP ACT:
The impact on customers' cable bills from these actions will depend upon final rulings by the
FCC and on Cox's rate setting decisions within their Maximum Permitted Rates. It is not
incumbent upon the City as franchising authority to determine what the precise charge per service
tier should be, but rather to rule on the appropriateness of the charges as proposed. The FCC is
not likely to rule against Cox's entire upgrade-based increase, but they may mitigate that increase
as it applies to Basic and CPS service tiers. If appropriate, they may also order refunds.
Since the actual Basic Cable rates have not been changed (only the MPRs were raised), no
refunds would be due following any rulings on the Basic increase denial. If Cox were to raise
fees in conjunction with filing an appeal of the City's action on Basic rates, such refunds might
be required.
) )-K
. /'
Item
Meeting Date
, Page 9
10/1/96
Regarding CPS rates, Cox increased these by $3.79 in May. If the FCC decides in the City's
favor, customers may be due a refund of as much as $3.79 for each month the higher rates were
in effect. As indicated above, a ruling against the entire increase is unlikely. In addition, with
the Form 1240 cost-based increases in the MPRs already filed (at $2.00 and $0.04 for Basic and
CPS, respectively), Cox would likely be able to structure their future charges to absorb any
mandated refunds. The range of possible Maximum Permitted Rates once any upgrade-based
appeals have been decided would be between $26.92 (representing 100% FCC disapproval of the
upgrade-based filing, which, as discussed above, is unlikely) and $32.68 (representing full
approval).
Generally, for each dollar of monthly fee increases or decreases, the annual cost/savings to Chula
Vista's 34,300 Cox customers is $411,000.
It should also be noted that since some customers in multi-family residences received discounted
bulk-rates on their cable service which were not subject to the May rate increases, these rates
would, in turn, not be subject to refunds.
In terms of City revenues, since the franchise fee paid by Cox is 3%, franchise revenue might
be reduced or increased slightly via the recommended action and subsequent FCC rulings. Staff
has not given any consideration to the potential impact of rate regulation on these fees in
conducting the rate regulation function.
Attachments:
1. Report from Public Knowledge, August 27, 1996
2. Cox Communications, Fonn 1235 Upgrade-based rate increase request
3. Cox Communications, Fonns 1215 and 1240 Cost-based equipment rate decrease request and Cost-based service
rate increase request
4. Letter from Cox Communications, August 30, 1996
5. Draft Complaint to Federal Communications Commission (Form 329, protesting upgrade-based rate increases)
M:\HOMEIADMIN\CABLE\COXI13.101
/2-7
RESOLUTION NO. /)(I/Lj?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA 1) DISAPPROVING UPGRADE-RELATED
INCREASES IN MAXIMUM PERMITTED RATES FOR THE
BASIC SERVICE TIER; 2) DIRECTING STAFF TO FILE
A COMPLAINT WITH THE FCC ON BEHALF OF LOCAL
SUBSCRIBERS REGARDING UPGRADE-RELATED
INCREASES IN THE CABLE PROGRAMMING SERVICE
TIER RATES 3) APPROVING PROPOSED COST-BASED
RATE DECREASES FOR ASSOCIATED EQUIPMENT; AND
4) APPROVING PROPOSED COST-BASED INCREASES IN
THE MAXIMUM PERMITTED RATES FOR THE BASIC
SERVICE TIER
WHEREAS, in May 1996, Cox Communications instituted a
$3.79 increase in its Cable Programming Services (CPS or "expanded
service") tier which charge is subject to FCC regulation, thus any
complaints must be filed with the FCC; and
WHEREAS, at the same time, Cox proposed to
Maximum Permitted Rates for the Basic Service Tier,
subject to City regulation; and
raise its
which is
WHEREAS, both of these changes were based on costs to
upgrade Cox's infrastructure; and
WHEREAS, further cost-based increases in Maximum
Permitted Rates were requested in July, along with decreases in the
rates for associated equipment/installations (e.g. charge per
installation; rental of decoder boxes, remote controls); and
WHEREAS, a study by Public Knowledge, Inc.
methodology in spreading its upgrade costs called into
both the Basic and CPS share of the upgrade; and
of Cox's
question
WHEREAS, said study also found the cost-based increases
to be appropriately justified; and
WHEREAS, accordingly, staff is presenting a
recommendation to deny and/or protest the questionable upgrade-
related rates, approve the equipment rate decreases and approve the
cost-based service charge increases; and
WHEREAS, on those portions of the rate requests with
which the city disagrees, the FCC is the final arbiter and should
Cox wish to institute such rate increases above the city's
objections, they would be required to file an appeal with the FCC
in conjunction with any rate increase; and
1
jv2 ~/t'
WHEREAS, if the FCC finds in the City's favor, any
overcharges would be subject to refund by Cox.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby 1) disapprove upgrade-related
increases in maximum permitted rates for the basic service tier; 2)
direct staff to file a complaint with the FCC on behalf of local
subscribers regarding upgrade-related increases in the cable
programming service tier rates 3) approve proposed cost-based rate
decreases for associated equipment; and 4) approve proposed cost-
based increases in the maximum permitted rates for the basic
service tier.
Presented by
Approved as to form by
~ T)JI~~ JJo""r-
~ Moore, ~ctin~c~V-~
Attorney
Gerald Young, Principal
Management Assist
C:\rs\cable.inc
2
/;2 - II
Al6-27-1996 14'48
PUlLIC 1<1'0" =
.I.~llw~ .........
PUBLIC KNOWLEDGE~
ATTACHMENT #1
3510SUNRIDGE DR. S.
SALEM. OR 97302
(503) 581-<1878
PAX (503) 581.2026
28~ N.E. STAN'roN
PORTLAND, OR mI2
(503) 1H7-7273
FAX (503) 1H7-7323
August 27, 1996
Mr. Gerald Y0W!8
City ofClJla Vista
276 Fourth Avawc
CIm!a VlSta, CA 91910
Mr. Bob Ham
City of Imperial. Beach
825 Imperial Beach Blvd.
JJnperial B~ CA 91932
Ms. Leslie D_ and Mr. Park Morris
City ofNationa1 City
1243 National City Blvd.
National City, CA 91950
Dear Mr. Young, Mr. H8in, Ms. Deese aDd Mr. Monis:
I have rrMewed the Federal I'nmmnnic;aUons Commission (FCC) Fonn 1240. (dated June
24,1996) and Form 1235 (corrected FonD. dstedMay t, 1996) submitted to the CitMII of
Chula VlSta, Imperial BCllQh, and National City (franchising authorities) by Cox
Coon""mjcatiODB (Cox). The purpoae of the Form 1240 is to set me;><imum permitted nates
for basic 1CI'Vic:e and cable prow ..1"";"8 servicea (CPS) fOr a projected period (m this
case, the period between October I, 1996 and September 30, 1997). The purpoae of the
Form 1235 is to adjust I1Ita for cable DBtwork upgrades - Cox seelca to apply the Form
1235 to add an "upgnde" in...etOeDt to the mavin."" permitted mea det.d:miDed on ita
Form 1240. The Cox fi\ingJ were identical. for these three ftancbising authorities. 1be
fta/tr.hiAing authorities direc:t1y rc:auJato bllSic service mOl; the FCC regu1atc8 CPS rates,
but UDder c:erWn eonditiona ftancbisinS authorities may IJis8er an FCC ~cw of the CPS
rate by filing a proper complaint.
1 reviewed the Cox Form 1240 for compliance with the FCC rulea. chochrl the
c;ak:ulati0DB, and a..-.oiI the ~ of certain IaIy data. Under the FCC rules
Cox may adjust its mwYinnun permitted I1Ita to account for inflation, cbaDgea in external
coatS (fOr .xarnpIe, pro8J8ll11Wq1J;....()ft COIU), IJId cIwme1lUlditiODB or deletion1. I
twnd no material problems in the Form 1240. Under the Form 1240 system, the
ftm:hising authorities wID have an opportunity a year fiom now to compare aotuaI COIUl
I
CONSUL71NCi AND lNI'ORMAT/OfV Sl!RV1C1IS FOR PUBlJC MANIIGl!MENT EX(,'/iI.UNCF.
1
. ..
.. .. ~
,:'."
J~ -/2
..I, ~
AL.G-27-10:r36 14' 4'"
t"Ul:LJ.1. N'f ." t'1-.x.
.L~OII~,"..,J r-.u.....
to certain coats that Cox projcctod in this filing and to make adjustmllt1ts ICCOrdinsJY in
the prospective maximUM pelmitted basic IeIVice rates for the sublcqueDt period.
While 1 found the m.,.;nnlll\ I'""mitted basic service rate of$9.74 detamined OD the Form
1240 acceptable, 1 diHgroo with the inct... that Cox lOOks to Jdd to this rate and to
the CPS rate based on the Form 1235 fiIinI tOr cable netWork upgrtdea. Cox roporta that
it upsraded its cable system I<<IIinS tbeIe tnnl'biting authorities; provioualy the $yIteID
had 450 MHz capacity, aDd now Cox reports 750 MHz. with SSG MHz 1ICtivated. TIaIa
there wu a reported inc:reue of 100 MHz in ac:tMtccI capacity.
I do not believe that Cox properly allocated the COSts of the upgnde in deterIDinin8 rate
acIjuatmenU for regulated Nrvi~ on the Form 1235. P-,p'IWrlteMcca iDdudc the baic
MrYice tier, which is cliIcc;t\y regulated by the fi'I",,1ti,.;ni IUthoritics, IDCI the CIbIc
programming MrYi~ tier (CPS), which is replatcd by the FCC. RmIsonS that the Cc>>c
allocations were not proper inc1udc the following:
. The FCC roles dearly provide that subscribers should not pay for plant that is not used
and uscfuI (see, for instaDcc, Second Report and Order, YIIBt Order OD
llcconsidcration, and Further Notice of Proposed RulemaJdn& FCC 9S-S02, rdcascd
January 26, 1996,136). In this case, 66.67 percent of the upgrade (200 MHz of the
300 MHz upgrade) is not wmntly II8cc! IJId useful. Yet Cox eo<duded only 20
pen:ent of the upgrade cost as not used and useful. The Cox rationale is that an
upgrade to only sso MHz would aDepIly have cost about 80 percent as much (Cox
estimate) as the ectual upgrac1e to 7S0 MHz. Thus Cox has lIppIied morglnal cost
concepts to its aUOCItiOD (the contention that the marginal COlt of the 1ut 200 MHz of
capacity addition is leas than the COSt of the first 100 MHz afthe upgrade). HOMNer,
the FCC rules spccific:al1y require ajWly distributed cost aDocation methodology (-
Report and Order and Further Notice ofProposcd Rulemaking. FCC 94-39, nrleuod
March 30, 1994, , 226 11:). Under this approach, each unit of Jdded capacity should
be treated as ifit COP the _ as the otbcr units of added capacity; ooe-tbird of the
cost should be allocated to the firJt 100 MHz (which is used and weful), and two-
thirds of the cost to the last 200 MHz (which is not used and useftaI). Unless the fiilly
clistnlluted aUOCItion approach is applied, the rates paid by subsoribers to regulated
savices included in the 100 MHz activated portion of the upgrade will include a
disproportionately large share of cost compared to those: who ultimately use MlVices
(Iilc.eIy to primarily be unrogt,l.t....) provided in the remaining ZDD MHz once it is
activated; that is, there will be CfOIS tubsidics.
. Once it had c:xd.uded 20 percent of the upsrW cost tor the 200 MH% not currendy
activated. Cox allocated the mnainin& cost basccI on the total channel count by aervice
tier (basic, CPS, .nd aD other) after the upgl'lde. Cox reports 74 activated chIIImcIs
afttJrtheupgradc. including 18 buic, 41 CPS, and IS "other." So, Cor eownp1e, about
24.3 pm:ent (18 divided by 74) of the residual upgrade cost that Cox reported 116 used
and useftaI was allocated to the basic tier. Yet Cox did not Idd Jm: basic -......J, in
the upgrade _ there were 18 basic chaDnols both before and lifter. Upgnde colt8 may
2
.'
. .
/;1 / (/?
Ii
FI..O-27-1996 14' 56
PUlLIC I<IGLEDGE
l:>tJ..:!<:t1"("r.323 P. fI4
be passed thrOUgh to IUbl<<ibeB only iflhc operator cIeJI10nItrates that the capital
inveat1l1Ont aauaJly benefits ~bsa iben to regulatad services (Report and Order and
FurtberNoticc: ofP>vposed '..1......"'''8. FCC 94-39, released March 30, 1994,'
287). In this cue, there is no demoDJtrBtecl benefit to basic service aubllClibers IIince
the dwmcl allocation for the basic tier wu not changed by tho uppdo. ThcnCore,
DOne of tho upgrade coat sbould be aIloc;etod to basic. Further, the aUocation between
CPS and other seMcoa sbouIcI be bued on the cIwmel adcIitiODll directly usociatecl
with the upgrad~ DOt thole on tile ayIItem ovcn11 (Cox IIready retXMII'I tbroush iU
benchmark rates fbr' 1hc dIIIuae\J awiIIble before the uparade).
. Cox did not indicate IIIX projmed revenue for the aetiv8ted c:apecity iavoM:d in the
upgrade. The furm iDltructiona eaU for the operator to report projeQtod adverti&iDg,
conuniIaion, 8Dd leased ICCOD reYCDICS, lIII0111 others. Cox'. clwmd Jin&.up
indicates that two of tile 8ddecI chaJmels ue home shopping, and one isleued accoss;
others undoubtedly r:arry advertising insertions for which Cox will be QIJIIIPCIISIted. If
reported, projected revenue would be an ofISet to upgrade costs sbown on the Form
1235. The Cox projeetion or no added revenue is simply implausible based on the
indicated clwme1 additions.
. On previous FCC Form 1210s Cox Iw reported c1wmel additions on the CPS tier and
increued its maximum permitted rates for 1hc CPs tier under the FCC's "caps"
method for treating addoc1 c:bInnels. Cox bad used its fun S 1.20 "cap" (plus
programming costs) for the added cbannds before filing this Form 1235. All but one
of the channels that Cox added under the "csps" method wae IDIIdc available by the
additioDall00 MHz that Cox actMted in 1hc upgnde iiom 450 MHz to SSO MHz
(one channel was added before the upgn<le). By now cl.nning the upgrade oost that
in part reIa1es to the CPS capacity usociated with the "cap" rate additions Cox would
be reoo~ twice for the adcIed CPS c:apIICity. oooe in the "cap" addition and qain
in the upgrade oost allocated to the CPS tier. This result could not bave reasonably
been the FCC's intent, and ihould be c\lIriiied by an FCC review of this concern.
As a consequence ofthelO concema, I recommend the following actions fur the
thmchising authorities.
. Approve a $9.741110'"""'111 permitted rate for basic service (ex:c:luding fi'anchise fees),
but deny Cox III1Y addition to this maximum pennitted basic service me based on the
Form 1235.
. Submit a Form 329 complaint to the FCC regarcIing tile CPS tier. This complaint -
~ a ftanchisiJJg 1IUthority, but requires that at least two ~bBCribers have
complained to the !iancbilling IIUthority within cortain time tram.. after the openIior
bas c:.honv.d CPS rates (see attac\uneIIt); Cox reported a CPS rate increase in May,
1996. The FCC sbouId then resolve the proper allocation ofupgrade oosts to the CPS
tier.
3
, ,
..----- ',- ~._-'"- .~-
/.2-/7
FU:;-27-1996 14':;e
PUBLIC KHJI.. EDGE
l:><>.><:trrr.JG) P.f15
P1eue contaet me at 503-287-7273 if you have any quflfltiOns.
Sincerely,
~C.~
Jay C. Smith
President, Public Know1edse. IDe.
4
TOTA... P.es
/:2 ~ /_~
ATTACHMENT
fr/~
#2 '
March 22, 1996
5159 Federal BOlJle',.ard
San Diego, CalilQrnla 92105-5486
161911639151
Mr Jim Thomson
Assistant City Manager
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
cox
COMMUNICATIONS
Re Non-Upgraded Customers
Dear Mr Thomson.
In late February 1996, the Federal Communications Commission approved FCC Form ]235 This
new form allows cable companies to recover costs associated with significant cable system
upgrades which benefit customers of regulated cable services. Cox Communications San Diego's
completed FCC Form 1235 is enclosed for your review.
Customers who currently receive only our "Limited Basic" service will not be imDacted
whatsoever by this filin~ Their monthly basic cable rate of$7.30 per month will remain
unchanged
Although the FCC Form 1235 permits significant increases in both the Basic and CPS levels of
service, it is Cox's goal to achieve a uniform rate, in other words, Cox will simply charge
customers in your city the same as those of all other surrounding cities who have similar levels of
service The rate for the Cable Programming Services tier will increase by $3.79 This rate
change is due to the recovery of our investment in the recent cable system upgrade For upgraded
customers with a combined level of Basic plus CPS, that total monthly rate will be $26.99, as it is
in surroundmg cities
Enclosed please tind one copy of FCC Form 1235 that is being filed thirty (30) days prior to the
aforementioned increase in the rate Cox charges for Cable Programming Services Also enclosed
is a copy of the notice sent to our subscribers describing these changes.
If you have any questions, please feel free to call me.
Sincerely,
w
ons
ce and Administration
Enclosure FCC Form ]235, Customer Notice
-I- /;2 -)~
March 22, 1996
Cox Communications
5159 Federal Boulevard
San Diego, California 92105.5486
161911&3.9251
Non-Upgraaea l,;ustomers
RE: YOUR UPCOMING CABLE UPGRADE & MONTHLY PRICES
cox
Dear Customer:
COMMUNICATIONS
In a recent bill, you received information about new channels and prices related to
Cox's cable TV system upgrade. Please disregard that notice as the pricing information
was incorrect. The following information will apply to your cable service once the
additional upgraded channels are activated in your area
The new revised price for Cox Classic service will be $26.99 per month. This
adjustment will not be reflected on your bill, however, until you receive the new
channels. A list of the new channels appears below. The cost for Cox Limited
Basic will remain at the current low price of $7.30 per month. This adjustment will
bring your billing to an equal level with that of all other upgraded households.
We recognize concerns regarding price adjustments. Please be assured that this price
is consistent with the Cox Classic price currently paid by Cox customers throughout San
Diego County who receive the many new programs and services made possible
through the upgrade
Thank you for your continued business. Cox Communications is working hard to
provide our customers with superior service. If our cable service is not meeting your
expectations, please call us at 262-1122. Our representatives are available 24-hours-
a-day, every day We can help youl
Sincerely,
William K. Geppert
Vice President/General Manager
NEW CHANNELS
Ch. 62 Encore'
Ch. 63 Travel Channel
Ch. 64 Gems (Spanish Language)
Ch. 65 MTV Latino (Spanish Language)
Ch. 66 Home Shopping Network
Ch. 67 ValueVision
Ch. 68 IX
Ch.69 Mind Exten. University
Ch. 70 Outdoor Life
Ch. 71 Continuous Hits 3"
Ch. 72 ESPN2'
Ch. 73 The History Channel'
Ch.74 Turner Classic Movies'
Ch. 75 Leased Access
Ch.76 Continuous Hits 4"
I Available in a package for an additional charge of $315 per month plus equipment II Pay-Pee-View Service
-.;2-
1r'J.- /7
March 22, 1996
5159 Federal Boulevard
San Diego Calr10rnia 92105.5486
(619)2639251
Mr. Jim Thomson
Assistant City Manager
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
cox
COMMUNICATIONS
Re' Upgraded Customers
Dear Mr Thomson.
In late February 1996, the Federal Communications Commission approved FCC Form 1235. This
new form allows cable companies to recover costs associated with significant cable system
upgrades which benefit customers of regulated cable services. Cox Communications San Diego's
completed FCC Form 1235 is enclosed for your review.
Customers who currently receive only our "Limited Basic" service will not be imDacted
whatsoever by this filing Their monthly basic cable rate of $7.30 per month will remain
unchanged.
Although the FCC Form 1235 permits significant increases in both the BasIC and CPS levels of
service, it is Cox's goal to achieve a uniform rate, in other words, Cox will simply charge
customers in your city the same as those of all other surrounding cities who have similar levels of
service The rate for the Cable Programming Services tier will increase by $255 This rate
change is due to the recovery of our investment in the recent cable system upgrade For upgraded
customers with a combined level of Basic plus CPS, that total monthly rate will be $2699, as it is
in surrounding cities
Enclosed please find one copy of FCC Fonn 1235 that is being filed thirty (30) days prior to the
aforementioned increase in the rate Cox charges for Cable Programming Services Also enclosed
is a copy of the notice sent to our subscribers describing these changes.
If you have any questions, please feel free to call me.
Sincerely,
W~
William J Fitzsl m ns
Director of Finan
Enclosure FCC Form 1235, Customer Notice
-3-
/J-ff
March 22, 1996
Cox Communication~
5159 Federal Boulevard
San Diego. California 92105 5486
Upgraded ItMrJfNers
RE: YOUR RECENT CABLE UPGRADE & MONTHLY PRICES
cox
Dear Customer'
COMMUNICATIONS
As you know, the price you pay for Cox Classic service was adjusted when the addi-
tional upgraded channels were activated in your area. This price was based upon then
current federal rate regulations governing cable TV system upgrades
But because of local circumstances governing cable TV in your area, even the new,
higher price was artifically low for the services you are receiving. New federal telcom-
munications rules recognize this inequity and, in fairness to all of our customers, we
are adjusting your price accordingly.
We recognize concerns regarding price adjustments. Please be assured that this price
is consistent with the Cox Classic price currently paid by other Cox customers through-
out San Diego County who are receiving our upgraded service. This adjustment will
bring your billing to an equal level with that of all other upgraded households
The new revised price for Cox Classic service will be $26.99 per month. This
adjustment will be reflected on your next bill received after April 22nd. The cost
for Cox Limited Basic will remain at the current low price of $7.30 per month.
Thank you for your continued business. Cox Communications is working hard to
provide our customers with superior service. If our cable service is not meeting your
expectations, please call us at 262-1122. Our representatives are available 24-hours-
a-day, every day. We can help you!
Sincerely,
William K Geppert
Vice PresidentlGeneral Manager
-L) -
I ~-l1
-- .
Federal Communications Commission
Washington, D.C. 20554
Approved by OMB 3060-0688
Abbreviated Cost of Service Filing
For Ceble Network Upgrades
Community Unit or System Operating Name l~ommunitY Unit 10 . CUID(s) I Date of Filing
Cox Communications San Diego CA0329 3/15/96
Name of Cable Operator
COX Communications San Diego
Mailing Address
5159 Federal Blvd.
City I~tate l~iP Code
San Diego California 92105-5486
Ownership of Franchise or System (Place an "XM to the teft or the appropriate answer,):
X CoCorp Subchapter S
Pannership Sole Proprietor Other
Person to contact regarding this form:
William Fitzsimmons
Telephone I;ax Number
(619) 266-5410 (619) 266-5540
Loca! Franchising Authority
City of Chula Vista
Mailing Address
276 Fourth Avenue
City I~tate 1 Zip Code
Chula Vista California 91910
This form is being filed for: (Check. One)
X
Pre - Approval
OR
Final Approval
Note: If Final Approval filing, attach all Pre.Approval filings, if any, relating to the upgrade.
Scope of Filing: (Check One)
x
Pre - Approval
OR
System Level
Note: Cable System is defined in Section 602(7} of the Communications Act.
-5-
Page! or8
{J.-;<'6
FCC Form 1~35
February 1996
Federal Communications Commission
Washington, D.C. 20554
Approved by OMS 3060...Q688
Abbreviated Cost of Service Filing
For Cable Network Upgrades
Part 1, Qualification for Upgrade Rate Adjustment
A. Significanca of Upgrade Qualification
1. Does the upgrade meet the minimum technical specifications described in the Instructions for Part 1
Qualification for Upgrade Rate Adjustment, Line 1?
x
Yes
No
2. If "No" was answered in question 1, attach a brief description of how subscribers to Basic and Cable
Programming Service Tiers will benefit form the capital improvements.
3. Complete the following items to determine the cost of the capital improvement as a percentage of rate
base (Investment in cable property, plant and equipment for the area over which the improvement will be
usedl:
A.
B.
C.
The net upgrade rate base
Total rate base after upgrade
Percentage of upgrade to total rate base
$
$
27,298
41,754
65.38%
B. Used & Useful Qualification
If this form has been completed for a pre-approval, please skip to line 3.
1. . Has the upgrade been completed?
Yes
No
2. If question 1 was answered "yes" enter the date the upgrade was completed and began providing
service to subscribers of regulated services:
3. If the Phased-in Approach is elected, attach a description of the subsections involved and the projected
dates on which the upgrade will be completed and providing service to subscribers of rate regulated
services within those subsections.
Imperial Beach
Sa n tee
Chula Vista
National City
No,'-95
Feb-96
May-96
May-96
-fo-
Page 2 ol:OS
t;;l. - al
FCC Fonn 123.:-
February 1996
Federal Communications Commission
Washington, D,C. 20554
Approved by OMB 3060-0688
Abbreviated Cost of Service Filling
For Cable Network Upgrades
Part II. Upgrade Revenue Requirement Computation
(a)
(b)
(e)
1.
2.
BST
f!:~-::'~'
._~iit.~~;;,;+;
JI._.....
,,~
Net Upgrade Rate Base (Worksheet A, line 4e)
Return on Investment
a. Rate of Return Percentage
b. Computed Return on Upgrade Rate Base (line 1 x Line 2a)
Allowance for Income Taxes
a. Federal Income Tax Rate
b. State Income Tax Rate
c. Computed Return on Upgrade Rate Base (line 2b) l'
d. Interest expense related to upgrade (Worksheet A, line ge)
e. Distributions (Non.C Corp. Filers Only)
f. Contributions (Non-C Corp. Filers Only)
;..,
3.
....~., ;---~;...".-..~
.::1t:'.";..:."_::::......~
35.00%
9.30%
597,601
248.336
:-;. ii~~...~-
.~ !E;.~~-:;?-:
"'~"'"'f. "'~~.~ ~~;..:"':'-:'
4.
g. Return Amount subject to income tax
h. Income Tax Allowance
Projected Net Impact of Upgrade on Operating
Expenses (Worksheet A. line 8e)
Net Revenue and Income Adjustments
Related to Upgrade (Worksheet A, Line 12e)
Total Upgrade Revenue Requirement (Line 2 + 3 + 4 + 5)
349,264 795,546 4":'0~~-v:- :~~~. 7..:.
.' ~ _n. r
;,?'. ~/'-~~'~;-
257,371 586,233
459.9i3 1.047,717
0 0
-~-=--._.-
5.
-~..
-'_~.;"~,' ,~:tc!r ;.~,~- ~-*I ~_...~
f~~ 7\'~~ .
-.." ":;;'.';-
1.314.9-15 2.995,152
:'1_:$.-:-.:":;':::::-..' ~-::~~<;~~'.i:.""'.o':.'
6
",-:.:-;,i~.~~:'.:::~
Part III. Allocation of Upgrade Revenue Requirement to Basic and Cable Programming Service Tiers
10) Ibl lei
BST CPST.l CPST . 2 Total
1 Upgrade Revenue Requirements. (Part II, Line 6) 1,314.945 2.995.152 4,310.096
2. Number of Subscribers 63,229 61.920
3. Annual Revenue Requirement Per Sub (Line 11 Line 2) 20_7965 48.3713 69 !679
4. Monthly Network Upgrade Add-on (Line 3 I 12) 17330 40309 57640
5. Selected method of subscriber recovery: (Check One)
. Provide description for allocation of CPST Revenue Requirement to CPS Tiers:
CERTIFICATION STATEMENT
WILLFUL FALSE STATEMENTS MAKE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
IU.S. CODE TITLE lB, SECTION 10011. AND/OR FORFEITURE IUS CODE, TITLE 47, SECTION 5031.
I certify that the statements made in this form are true and correct to the best of my knowledge and belief. and are make in good faith.
Name and Title of Person Completing this Form: Sign tute;'
If.
William Fitzsimmons. Director of FinfJnct & Administration
Date:
3/15/96
Telephone Num er
(619) 266-5-11
- '7~
Pagl.: 3 018
FCC Form 1235
February 1996
I ~ -~~
Federal Communications Commission
Washinglon, D.C. 20554
Approved by OMS 3060.0688
Abbreviated Cost of Service Filing for Cable Network Upgrades
Name of Operator: Cox Communications San Diego
CUID (s): CA0329 Worksheet A Cost Assignments and Allocations (part 1)
Date of Filing: 3/15/96 ($ OOO's)
Directly Assigned Cost Elements
Balance Ib)
Line Number and Description la) BST CPST - 1 CPST - 2 All Other
1. Plant and Equipment 26,076 5,215
2. Allowance for Funds Used During Construction 1,222 244
3. Other Adjustments 0 0
4. NET UPGRADE RATE BASE (Sum Lines 1 - 3) 27,298 0 0 0 5,460
PROJECTED:
5. Change in Plant Related Operating Expenses 7] 0
6. Change in Plant Related Support Expenses 0 0
7. Upgrade Related Depreciation Expense 2,275 455
8. PROJECTED NET IMPACT OF UPGRADE ON
OPERATING EXPENSES (Sum Lines 5 - 7) 2,346 0 0 0 455
9. INTEREST EXPENSE RELATED TO UPGRADE ],276 255
PROJECTED:
10. Other Cable Revenue 0
11. Other Adjustments 0
12. NET REVENUE AND INCOME ADJUSTMENTS
RELATED TO UPGRADE (Sum Lines 10 - 11) 0 0 0 0 0
--1-
Page"; o! 8
I :A - ,;(3
FCC Form 1235
FebruaJ) 1996
,. I
Federal Communications Commission
Washing'on, D.C. 20554
Approved by OMS 3060-0688
Abbreviated Cost of Service Filing for Cable Network Upgrades
Name of Operator: Cox Communications San Diego
CUIO (s): CA0329 Worksheet A Cost Assignments IInd Alloclltions (part 2)
Date of Filing: 3/15/96 ($ ODD's)
Allocated Cost Elements Allocation
(c) Key
Line Number and Description BST CPST - 1 CPST - 2 All Other (d)
1. Plant and Equipment 5,074 11,558 4,228 1
2. Allowance for Funds Used During Construction 238 542 198 I
3. Other Adjustments 0 0 0
4. NET UPGRADE RATE BASE (Sum Lines 1 - 3) 5,312 12,100 0 4,427
PROJECTED:
5. Change in Plant Related Operating Expenses 17 39 14 1
6. Change in Plant Related Support Expenses 0 0 0
7. Upgrade Related Depreciation Expense 443 1,008 369 I
8. PROJECTED NET IMPACT OF UPGRADE ON
OPERATING EXPENSES (Sum Lines 5 - 7) 460 1,048 0 383
9. INTEREST EXPENSE RELATED TO UPGRADE 248 566 207 I
PROJECTED:
10. Other Cable Revenue
11. Other Adjustments
12. NET REVENUE AND INCOME ADJUSTMENTS
RELATED TO UPGRADE (Sum Lines 10 -11) 0 0 0 0
-.9-
Page 5 of8
l?.-~L[
FCC Foml 1235
February J 996
Federal Communications Commission
Washington, D.C. 20554
Approved by OMB 3060..0688
Abbreviated Cost of Service Filing for Cable Network Upgrades
Name of Operator: Cox Communications San Diego
CUID (5): CA0329 Worksheet A Cost Assignments and Allocations
Date of Filing: 3/15/96 ($ OOO's)
Total Cost Elements
(e)
Line Number and Description BST CPST - 1 CPST - 2 All Other
1. Plant and Equipment 5,074 11,558 0 9,444
2. Allowance for Funds Used During Construction 238 542 0 443
3. Other Adjustments
4. NET UPGRADE RATE BASE (Sum Lines 1 . 3) 5,312 12,100 0 9,886
PROJECTED:
5. Change in Plant Related Operating Expenses 17 39 0 14
6. Change in Plant Related Support Expenses 0 0 0 0
7. Upgrade Related Depreciation Expense 443 1,008 0 824
8. PROJECTED NET IMPACT OF UPGRADE ON
OPERATING EXPENSES (Sum Lines 5 - 71 460 1,048 0 838
9. INTEREST EXPENSE RELATED TO UPGRADE 248 566 0 462
PROJECTED:
10. Other Cable Revenue 0 0 0 0
11. Other Adjustments 0 0 0 0
12. NET REVENUE AND INCOME ADJUSTMENTS
RELATED TO UPGRADE (Sum Lines 10 -11) 0 0 0 0
(part 3)
-/0-
Page 6 of 8
/'J.~M
FCC Fonn 1235
February 1996
Federal Communications Commission
Washington, D.C. 20554
Approved by OMB 3060..0688
Abbreviated Cost of Service Filing for Cable Network Upgrades
Worksheet B: Allocation Key
Name of Operator: Cox Communications San Diego Page 1 of 1
Franchise CUID: CA0329
Organizational Level:
Date of Filing: 3/15/96
Allocation Allocation Methodology Dascription
Key (a) (b)
1 Channels Post-Rebuild Channels Percentages
Basic 18 24.32%
CPS 41 55.41 %
NCPS-alacarte 4 5.41%
NCPS-Premium II 14.86%
74 100.00%
I
,
,
,
- 11-
Pag~ 7 of 8
)::z-~~
FCC Form 1235
February 1996
Federal Communications Commission
Washington, D.C. 20554
Approved by OMB 3060-0688
Abbreviated Cost of Sarvice Filing For Cable Network Upgrades
Worksheet C: Supplemental Data
Name of Operator: Cox Communications San Diego Page: of
Franchise CUID: CA0329 Date of Filing: I 3/15/96
Org Level: Date of Report: I
For each of the following property and equipment categories state the gross depreciable balance resulting from the upgrade
along with the average depreciation life which comprise the property and equipment balance reponed in Worksheet A.
Cost of Method of
Description Upgrade Years Depreciation
1. Headend
2. Transmission Facilities and Equipment
3. Distribution facilities (Trunk, drops, etc.)
4. Circuit Equipment (amplifiers, power boosters, etc.)
5. Maintenance Facilities (garages, warehouses, etc.)
6. Maintenance Vehicles and Equipment
7. Buildings (office)
8. Office Furniture and Equipment
9. Total Upgrade Rate Base
If you wish to disaggregate any of the above because they are not readily combined or if you wish to add others
not shown, report such below:
Cost of Method of
Line Number Description Upgrade Years Depreciation
10. (Specify) Aerial Distribution 6,028,399 12 Straight-Line
11. (Specify) Underground Distribution 8,440,771 12 Straight-Line
12. (Specify) System Design & Engineering 727,686 12 Straight-Line
13. (Specify) Aerial Fiber Distribution 1,605,978 12 Straight-Line
14. (Specify) Underground Fiber Distribution 6,786,574 12 Straight-Line
15. (Specify) Optical Electronics 2,486,104 12 Straight-Line
~/2-
Page 80f8
J;;Z-;Z?
FCC Form 1235
February 1996
Assumptions
I I i , I I !
Assumptions used in Worksheet A 1 I I I I
I I I i , I i I I
I
Column (a) - Total Assigned Costs i , , i i i
I
Line 2 - Allowance for Funds Used Under Construction I I
I Assumes that total rebuild costs of$26,075,512 is spent evenly over a
10 month period (June 95 through April 96). I I
, I Actual Calculation: i i I
I I I 1$26,075,512 x 11.25% /12 months x 5 months - $1,222,000. ,
I I I I I
Line 5 - Plant related Operating Expenses I
I Estimated annual net increase in power costs of $71,148.1
i I T i ! I I ,
I Line 7 - Upgrade related depreciation expenses. I i I
I
i ,All upgrade costs are depreciated on a 12 year straight-line basis. I ,
, I I , I I I
I
I Line 9 - Interest Expense ,
, ;Assumes a capital structure of 55% debt a 8.5% cost if debt. This is consistent with the FCC's
assumption in detennining the allowed 11.25% rate ofretum on rate base.
,
,
Column (b) - Directly Assigned Costs Elements
,
i
Other i
I . ,
Although the rebuild will increase plant capacity from 450mhz to 750 MHz, only 550
, MHz will be activated immediately, the additiona1200 MHz capacity
will be reserved for future use. The incremental cost of this additional capacity
(approximately 20% of the total cost) has been directly assigned to the OTHER !
category .
-,,/3-
Page 1
),--:<.fr
5159 Federal Boulevard
San Diego. California 921055486
161912639251
May 1,1996
cox
COMMUNICATIONS
Mr. Jim Thomson
Assistant City Manager
City of Chula Vista
276 Founh Avenue
Chula Vista, CA 9]910
Re FCC Form 1235 - Correction
Dear Mr. Thomson:
Enclosed please find a correction to page 3 of8 for the recently filed FCC Form ]235.
The change is to Pan III, line 5 where we inadvertently omitted checking off the method
of subscriber recovery we elect
If there is anything else that I can do for you, please let me know
Sincerely,
W~ff994?!~/;r7~
William J Fitzsimmons
Director of Finance
~/ 'f-
)))-)).7
Federal Communications Commission
Washington, D.C 20554
Approved by OMB 3060-0688
Abbreviated Cost of Service Filling
For Cable Network Upgrades
Part II. Upgrade Revenue Requirement Computation
(a)
(b)
(e)
eST
CPSTs
eST
CPSTs
5.
586,233
1. Net Upgrade Rate Base (Worksheet A, Line 4e)
2. Return on Investment
a. Rate of Return Percentage
b. Computed Return on Upgrade Rate Base (Line 1 x Une 2a)
3. Allowance for Income Taxes
a, Federal Income Tax Rate
b. State Income Tax Rate
c. Computed Return on Upgrade Rate Base (Line 2b)
d. Interest expense related to upgrade (Worksheet A, Line ge)
e. Distributions (Non-C Corp. Filers Only)
f. Contributions (Non-C Corp. Filers Only)
g. Return Amount subject to income tax
h. Income Tax Allowance
Projected Net Impact of Upgrade on Operating
Expenses (Worksheet A, Line Be)
Net Revenue and Income Adjustments
4.
459.973
1.047,117
Related to Upgrade (Worksheet A, Line 12e)
6. Total Upgrade Revenue Requirement (Line 2 + 3 + 4 + 5)
o
2,995,152
~
Part III. Allocation of Upgrade Revenue Requirement to Basic and Cable Programming Service Tiers
101 (bl lei
BST CPST -, CPST - 2 Total
1. Upgrade Revenue Requirements. (Part II, Line 6) 1,314,945 2,995.152 4.310.096
2. Number of Subscribers 63,229 61.920
3. Annual Revenue Requirement Per Sub (Une 1 I Line 2) 20.7965 483713 69.1679
4. Monthly Network Upgrade Add-on (Line 3 I 12) ] 7330 4.0309 5.7640
5. Selected method of subscriber recovery: I x I x I
. Provide description for allocation of CPST Revenue Requirement to CPS Tiers:
CERTIFICATION STATEMENT
WILLFUL FALSE STATEMENTS MAKE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S. CODE TITLE' B. SECTION 1001). AND/OR FORFEITURE (US CODE. TITLE 47. SECTION 503).
1 certify that the statements made in this form are true and correct to the best of my knowledge and belief, and are make in good faith.
Name and Title of Person Completing this Form: Signat
3/15/96
( !<~~-
William Fitzsimmons. Director of Finance & Administration
Date:
-/5'-
page3 of 8
FCC Form 1235
February 1996
/ :< - 3~
~~~
:: rdh _
~- ~-
~~~~
CllY OF
CHUlA VISTA
OFFICE OF THE CITY MANAGER
May 16,1996
Mr. William 1. Fitzsimmons
Director of Finance
Cox Communications
5159 Federal Blvd.
San Diego, CA 92105-5486
RE: Extension of Review Period for Cox Communication's FCC Form 1235
Dear Mr. Fitzsimmons:
On March 25, 1996, the City of Chula Vista received your March 22 letter transmitting your FCC
Form 1235, which is dated March 15, 1996. As you know, Cox had inadvertently omitted checking
off the method of subscriber recovery that Cox was electing on item 5 of part III on page 3 of the
FCC Form 1235. Based partially on this incomplete aspect of Cox's Form 1235 and partially on a
discussion I had with another representative of Cox, I was under the misunderstanding that Cox was
not intending to increase the rate for the Basic Service Tier or the maximum permitted rate for the
Basic Service Tier. At that time, I thought that Cox intended to allocate all of the subscriber recovery
shown on the Form 1235 to the Cable Programming Service Tier. In subsequently discussing this
issue with you later in April, I learned for the first time that Cox was actually intending to increase
the maximum permitted rate for the Basic Service Tier, so I asked you to send me a corrected version
of page 3 of the FCC Form 1235. On May 6, 1996, the City ofChula Vista received your letter dated
May 1 transmitting the corrected page 3 which does indicate on part III, Item #5 that the selected
method of subscriber recovery selected by Cox involves both the Basic Tier and the Cable
Programming Service Tier. I therefore consider May 6, 1996 to be the date that Chula Vista officially
received the Form 1235 that indicated Cox intended to increase its maximum permitted rate for the
Basic Tier.
This letter is to advise you that as provided for in Section 76.933 of the FCC Rules, the City ofChula
Vista is extending the review period by an additional ninety days (i.e. through September 3, 1996)
in order to obtain additional information and perform a thorough review of the Form 1235.
Please contact me at 691-5031 if you have any questions. Thank you for your assistance in clarifying
this issue.
1i']Y'
1m Th7!---
Deputy City Manager
JT:dt
-/ ~-'
M \HOME\ADWN\J1\FORMI235.COX
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5031 . FAX (619) 585.5612
.j;~P\::I!;1~~P'tf"
1:1-81
ATTACHMENT #3
JUL 8 1996
July 2, 1996
5159 Federal Boulevard
San Diego, California 921055486
(6191263.9251
Mr. Jim Thomson
Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
cox
COMMUNICATIONS
Re: Annual Notice of Rate Adjustment
Dear Mr. Thomson:
Enclosed please find FCC Forms 1205 and 1240 in connection with Cox Communications
San Diego's annual rate notification for its Basic Cable Services and regulated equipment
tiers, effective October I, 1996. With this FCC form 1240 filing, in conjunction with form
1235 filed on March 22,1996, Cox will increase the maximum permitted rate (MPR) on
Basic from $9.47 to $11.47. The $2.00 MPR increase is due to past and projected expenses
related to $.35 in inflation, $.12 in external costs, $1.20 in channel moves, and $.33 in true-
up adjustments.
Also effective October I, 1996, Cox will increase the maximum permitted (MPR) rate on the
Cable Programming Services (CPS) tier from $2Ll7 to $21.21. The $.04 MPR increase is
due to $.48 in inflation, $.41 in channel additions, $.33 in external costs, ($1.24) in channel
moves, and $.06 in true-up adjustments.
At this time. Cox Communications does not plan to increase the rates currently charged to
our customers for Basic and/or CPS levels of service. The enclosed form 1240 rate filing
involves only the setting of MPRs.
However, please note that based upon the enclosed Form 1205, we will adiust our equipment
rates charged to our customers to the new MPR, effective October I, 1996. The new hourly
service charge will be $31.03. The new monthly decoder rate will be $2.51; converters will
be $1.40; and remotes will be $.28. Please feel free to contact me if you have any questions.
Sincerely,
Enclosure: FCC Forms 1205, 1240
---j 7-
! :;{ - 3~
COX COMMUNICATIONS
CHANGE IN REGULATED RATES
FCC FORM 1240 (AND ASSOCIATED FCC FORM 1210 AND 1235)
BASIC CPS TOTAL
Form 1210-Upgraded (Filed 11115195) $ 7.74 $ 17.14 $ 24.88
Form 1235 (Filed 3/22/96) 1.73 4.03 5.76
Current MPR as of 4/22/96 9.47 21.17 30.64
Form 1240 (Filed 7/3/96) 9.74 17.18 26.92
Form 1235 (Filed 3/22/96) 1.73 4.03 5.76
New MPR as of 1011196 11.47 21.21 32.68
Change in MPR
2.00
0.04
2.Q4
-/'3--
)/) -33
Federal Communications Commission
Washington,D.C 20554
FORM 1205
DETERMINING REGULATED EQUIPMENT AND INSTALLATION COSTS
"EQUIPMENT FORM"
ommumty mt enll e, \ I 0 ca e system
CAOJ29 07/01/96
Name 0 a e perator
at"o onn ubml!SlOn
COX CABLE SAN DIEGO
almg
peralo'
5159 FEDERAL BLVD.
Ity
SAN DIEGO
Namcan It eo person comp etJng
William Fitzsimmons. Director of Finance & Administration
eep onenum Fa."Num or
ameo Lac ranc Ismg ulonty
619-266-5410 619_266_5540
CITY OF CHULA VISTA
MalmgA TeSSO ran ISIng U onty
276 FOURTH AVENUE
'"
CHULA VISTA
1. This form is being liIed: [Enter an "x" in the appropriate box]
Din conjunction with FCC Fonn 12()O, FCC Fonn [220, or FCC Fonn 122<;
Attach the completed FCC Fonn 1200, FCC Fonn [220, or FCC Fonn 1225 to the front of this fonn
OR
[KJln order to fu]tiU FCC rulcs requiring an annual filing of this fonn
Enterthe date on which you last filed this fonn I 02128/9<; I(mm/ddlyy)
Nole This should be the date on which the rates last justified, bv using either FCC Fonn J'n or the prior filing of this fonn, were in dfcct
2, Enter the date on which you dosed your books for the fiscal year reftected in this form:
Note ThiswiJlindicatetheendofthe ]2-month fiscaJ year fo, which vou are filing this fonn
3. Indicate the corporate status of your cable system [Enter an "x" in the correct box]
~c_co"om"o"
SubchaptcrScorporation
Partnership
Sole Proprietorship
Other[Plcascc'<plainbc]ow]
Pagel
.//7-
Exrel40Win,Version2.0
J2!3J/95
Approved by OMB3060-0592
E><p;rc,.4110N1
ICmm/ddlyy)
FCCFonn ]205
May 1994
);;{-3t
Fr:d~roI Communications Commission
Wenington,D,C.20554
SCHEDULE A: CAPITAL CO!ITS OF SERVICE INSTALLATION AND MAINTENANCE OF EQUIPMENT AND PLANT
a,ntenanc( therl. ther ~.
A Equ;pmenlandP]ant Vehicles Tools Facilities (Specifybdow) (S....c;Cybdow)
B Gros. Book Vaiue SI,202,51<J00 $405.942,00 $]51,36500
C A,cumu!atedDel'reciation S264,&43,00 S202.'71OO S105,955.oo
D Dcfe=dTa.'<C. (S30,569,00) SJ3,312 00 S3,409,00
E Net Book Value [B-(C+D)] S96i,240.00
R>\Ie of Return
G Calculatio" ,,(Gru$$-UP Rtlle
G' fr:der:LIlncomeT:Lx Rate
G2 Swe Income T a.x R.;u~
OJ Net Total InoomeT<l.X Rate {(G!+G2)-{GI X 02)[
G' AdjusunenCtoR.ctlectlnten:SlDcduaibility
G4, ActuaJlntere$tAmount SI0,039,097.oo
G4b Total Net AsSl:IS S260,518,&41,00
G" Base Return on [nvesunent Amount [G4b ~ f] 129,308,310
G4d Intcn:stDcductibilityF;u;tor[G4a/G4c1
GO Effi:ctiveTa.xR= [G3 ~(!-G4d1] [C-CarpsskiptaG11
Go Adjustments for Non.C Co'VOrations
GOd Base: Return an Investment Amounl (G4c]
Gob DIStributions
GOo Conlributions(maynolcxcecdG6b)
GOd Returns Subject to Income T:LX [G6a-G6b+G6c)
GOo ReturT\5 Percentage Subject 10 Income Ta.... [G6dIG63]
G1 Gross-Up Rate [C.corps: 1/(1.05) Other: Il(l-(GS:,,: G6e>H
H G/'OUCd,UI'R=ofR.cNm{fxG7[ (>-1541
Return on Investment Grossed_Up forTa.xcs[E ~ H! SI49.1S3-.l141 S26,13! 11~5 $6,4114905 00.00 00.00
Cum:nt Provisian far Dcprcciation $264,84800 $8U81,00 S1.56800
K AMwlCapitaICo'<ts[!+ll S414;OH8141 $101,319.1185 S14,OJ9.49a5 SOW 50.00
, GRAND TOTAL Jsum or Line K enln""! SS35.,J93,OSYT
BasI.
SjlCcify:Othcr]
Specity:Otherl.
A Annual 01" Expense. fur Svc. Insto.JL and Maine. of Equip
S7,585,Q38,00
B GRAND TOTAL [sum or Line Aentrin[
$'9,633,359,00
Bas 2.
Supplies
S666,llO.oo
Spccify:Other2.
Specity: Other] Outaide labor, Auto Operate, NOlI ~mcd con\'<:rtel'S,Misc Support Cost.
(Spccifybclow)
00.00
Pagel
-;20-
Excc!4,OWin, Vel'Sion2,O
)-;.-35
Approved by: OMB 306M592
expin:.:4130197
FCC Form 1205
M3y]994
Feder;s! Communication! Commission
Wuhiagton,D.C. 20554
ApprovcdOy'OMB306()...(1S92
E;~pirc:s: 4130191
SCHEDULE C, CAPITAL COSTS OF LEASED CUSTOMER EQUIPMENT
A Equipm"nt Remole 1 RemOI" 2 Remol") Converler I Converter 2 Converter 3 Other Equip
, Tot;IJ Maintl:nallo:/Serv;ce Hours (AttaclI E.,-pI3l1ation) 13,348 4.720 31.525
C TotaJ II ofUniu in Service 245,)23 50.938 273,716
D Gross Book Value 1.958.376 3,923.502 35,714,361
Ae<:umulabOdDcprc:cianon 1,188,481 2.914,937 23.126.2]2
Defem:dTa.".:s 59,483 121,449 118.911
G NctBookVaJue (D-(E-.-f)1 $110,406,00 so 00
H Grosl"d-UpRatcofRcturnIFrnmSchcd A,LineHI iUS4t
Return on Investmenl Grolsed-Up forT:w:s (G ~ HI $109,458,951 $0,00 SO.OO $121.287411.87 :U.828.1'I5 so 00 SO.OO
Cum:nt Pmvision for Dc:pn:ciation 299,136 581,318 5,239,436
K Annual CapiuJCMtS[t+JI S4OS,S94,9S1 SO.OO so 00 $7OS,60S S1.Q68,.231 SO.OO $0.00
GRAND TOTAL '"um o( Line Kallri",,[ $8,1.5,431.7923
IkIIJ,
SCHEDULE D: A....ERAGE HOURS PER INSTALLATION
A. A"""""e Hours per Unwircd Home IrmaIlalion (.nach an e>q>Jarullion) ,
, Ave",!!" Hours per Pr<:-Wircd Home lnstallation (attach an explanation) "
C. Ave"'!!e Hours per Additional Connection Installation IU. Time oflnitiaJ Installation (attach an e~plarullion) 0,65
D Ave"'!!e Houn per Additional COMecUoo InstaIlarion Requiring ScpamIc Installation (anndI 311 expbn.uion) 0.7S
E Otherlnstall.uion (by1!emType)
[!em I. ISpeci(y:)
Ave",!!" Hours per In.lallation (attach an e.~planation) I 0.65
t!em2.(Specify:J
Avcrage H""rs per Install.uion (attacllanexpl;JtUltion) I 0.2S
ttcm3.(SpeeifycJ
Aver.\ge Hours per InstaJ~on (attach an explanation) I 0,7S
- ';::21 -
Pag,,)
E1<ccI40Win, Version20
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FCCFofTrl 120S
May 1994
Federal Communicuions Commiuion
Washingtoo,D.C. 20554
Approved by' OMS 3060-0~92
Expi='4130197
WORKSHEET FOR CALCULATING PERMITTED EQUIPMENT AND INSTALLATION CHARGES
STEP A. Hourly s..n.ice Charge
I TouJ CapiuJ Cmu oftnstallation:md Maintenance [Schedule A, 80" II
2 TouJ Annu31 OpcJ1lting E"pense,fur Installation and Maintenance [Schedule B, Bo" 2]
3 TouJ Capit3l Costs and OpcnuingExpcnses for Installation and Mainlenance [Line I + Line 21-
Cuswmer EI1uipmcnt and Installation Pcm:ntlgc (attu;h an e:tplanation).
Ann...u Customer EI1uipmcnl Maintcl1ance and Installation Costs, Excluding Com of Leased EI1uipmcnl [Lino: 3 .X Line 4J
Total uoor Hours fur Maintcl1ance and IlISIallation of Cu!rtomer EI1uipmcnl and Se.....iccs (attu;h explanalion)
Haurly Scrvicc CharJle (HSC) (Line 5/Linc 6)
$535,393.0837
SQ.fi.38,J59.00
SI0,173,752
I
SIO,!1J,13-2
317,827
$3\;033<}
METHOD OF BILLING fOR INSTALLATIONS (pia... an "s" in thc appropriate bas,
hmaUations billed by the hourbascd 00 the HSC calcul:1fcd in Line 7.
X InsWla1ions billed as" nandard clwgc.
STEP B. In,taUation Cha!1:c
8. UlllfonnHSCfurall;nstallations(From Step A,!ine7)
OR
A~c~e Cbarge for Installa1ion Type.
,;.
,,1 HSC[linc7]
U. A~eragc: H....n per Unwircd Horne Installation (Sdtcdule 0, Line A)
aJ. Ctwgc per Unwinod. Home Installation [3.1 "all
S]],&339
I.
.t. Unwi~ Home Installar.ion
bP~i~HolnClnstaJlation
bl. HSC [Line 1]
b2. A~ Haul'! pcr Prc-wi~ Home Installation (Schedule D, Line B)
b3 Charge pcrPrc_in:d Horne Installation[bl "b2]
$31.0339
oJ
c. Additional Ulnncaion IlISIaIlation ar. Tlmc oflni~ InsQIlation
eI.HSC{Linc71
c2. Ave~e Haul'! per Additional Conncctioolnstallauon at Time of Init Install, !Schedule 0, Unc C]
c3.Chary;cpcrAdditionalCanncc:tianlnstdlational.Timeof lniti3.l1nstdlationlc!xc21
$)l.O339
O.t'i~
d.Additional ConnectionlnstaUation RcquiringScpar.w:lnstallation
dl.HSC[Line71
dl. A~g. Moun pcr Additianal Connection Installation Rcq. Scpo Install. {Schedule 0, l.ine 01
d3 Chary;epcrAdditionaiConnc<:tion Installation RcquiringScpal'3tClnstallationldl Kd21
$31.0339
tl75
e OtherlnstallaUon.(A..pccilicdinScheduleD,l.incE)
eLHSC[Line71
~. Avenge Hours pcr llISIallation of Item I (Schedule 0, Line E.1!em IJ
c3. Clwgcpcr InstaJlationofltem 1 [e!" ell
S31.0339
O.6~
~ HSC(Linc7[
e~ Average Hours per Installa1ion ofltem 2 [Schedule 0, Line E,IICm 2)
.:6. Chargc pcr installation of Item 2{c4" e~1
531.0319
O,2~
e7. HSC [Line 71
cH. Ave~e Houl'! per Installation of IICm 3 {Schedule 0, Line E. l!em 3]
~. Clwgcpcr Installa1ionofltcm 31c7 ,.cHl
531.0319
O.7~
--2,;<-
Page 4
&;ccI4.0Win, Vcrsion2,0
FCC Form 1205
May 19901
I'J. -37
f<:d~r.U Communicar.ions Commission
Washingcon,D.C. 20554
TEPI. Ch.'1.es orluoedlUmotes . ,
(C.lcul.lcscpnalc.Jyforuchsicnifiundydiffcrcnllypc) Rcmolcl RemO{~ 2 RemoIC:3
" Tow Ma.inlC:nan='S~rvice Hours [CotNsponding column from Sch.:dlll~ C, Lin~ H[ 13348 " 0,
II. HSCILine7j $JLOH9 $3t.OH9 S3LOH9
n TomJ Maintenanc:eJServicc Cost fLine 10.~ Lin~ II] SoII4.14IU684 50.00 SO 00
13 Annual CapimJ Costs [Co=sponding column from Sch.:du!~ C, Line K] $408,59.4:"951 "'.00 $0;00
" TomJ CostofRemolC: lLine 12 + Line 131 5812,835;5253 $0.00 "'.00
IS. NumberofUoits in S~rvicc [Corrnpondim! column from Schedule C, Line CI 245323 O. 0
" Un;tCost [Line 14/Linc ]5] 53.354] $0,00 "'.00
11. Race per Month [Line 161(12)] $0.2795 50:00 SO;{jQ
[STEP D.--r"arres (or lused Con~ertcr ... . Con~rter2 ,
(C.leulale$ep.r'lc.Jyforeachsicnifiundydifferenltype) C<!f!~ertcr I Convener)
" TomJ MainlC:nanc:eJServicc Hours [Com:sponding column from Schedule C. Line HI 4720 3751j. O~
19 HSC [Line 7) S3I;0339 S31.0339 $3L0339
20 TDmJMainlenOlllCCl'ServiccCost [Line IS" 19) $146,480:033'2 51,164,541.2916 SQOO
2! Annual CwimJ COSlS [ColTCspondinll column from Schedule C. Line K) S708.605- S7,068;13t "'00
" TomJ CostofCon~rtcr{Une 20+ Line 211 5855;086 58,132,779 $0.00
B Number of Units in Semcc [Com:sponding column from Schedule C, Line CI 50938. 273716. O.
" UnilCo$!. [Line 22/Linc 23] 1.16.7168- $30.0713 SO.OO
" RaleperMonth [Linc24/(12)1 SL39119 SU065 "'.00
STEP E. Chutes ror Olher Leued uip....enl
26. Tow MainlC:nancclService Hours [Corresponding column from Schedule C. Line HI
H HSC [Line 7]
28 TomJMainl(:nancclServiceCo$!. [Linc26 " Line H]
29 Annual CapimJ COSlS [Correspondin <;o!umn from Schedule C. Line KI
30 Tow CostorEquipmenl [Line 28+Unc291
31 NumberofUnits in Service [Com:spondillg column from Schedule C, Line CJ
n. UnitCosl [Un~301Line31]
33 R31eperMonth [Line 321(12)[
o
$310339
"'.00
$It{l()
SO.OO:
o
"'.00
"'.00
METHOD OF BILLING FOR CHANGING SERVICE TIERS OR EQUIPMENT {pl.COIan "s";n the appropri.te bllSl
X as 3. Nominal Clwge (Enter the nominal charge: in LIne 34)
as 3. Uniform Hourly Service C/wie
as "" A....~e Cbarge (EnlC:rthe Average Hours ror Changing Servicc Tiers iu LIne 36b)
STEP f. Charres (or Chaneine Sen-iu Tien or Equipment
34 Nominal CharJ!e for Changing Service Tiers
Ir~ouusc""ese3.Ia1inglC3.leofchargcs.pl_an-".inthebox;J[thenghl.
OR
35 Uniform Hoo.Irly SeNicc Clwge
OR
$2.00
.,
)6 A~e"'!leChargeforCh.angin Se....iceTiers
36a.HSC{Line71
36b. A....rage Hours co Cbmge Servicc Tiers
36c,A....rageClLargerorChangingSCrviceTiers{Linc363xLinc36b[
$31.0339
-~3-
Page 5
Exc.:14,O\1lin, Version 2.0
J:)-~
Apprnv<:db}..OMB3060-0S<,)2
Expin::s,4/30!97
FCC form 1205
May 1994
Federal CommuniQtjoos Commission
Washingron,D,C.20SS4
WORKSHEET FOR CALCULATING TOTAL EQUIPMENT AND INSTALLATION COSTS
1 Tot:tJ Capita! C05Uoflnst1.llationand MainrenanCl: [Schedule A. Bo.~ I)
2. Total AnnI1;l] Operating E.~pcn5Cs for 1nstai1,w0ll and Maintenance [Schedule B, Bo:< 2)
3 TotalAMI1;I] C3lIital Costs o(lnn"Jlation and Mainlc:nanCl: IUne] + Une 2]
~ Cunamer Equipment and Install.uion Pcromli1gc (attach e:<plan.uion)
5 Annl1;l] Customer Equipment Mi1intenance and Install.uion Costs, Excluding Cons of~ Equipment
[Line3:<Une-l1
6 Total C3lIibl Corts of Leased Customer Equipment [Schedule C, Bo:< 3[
7 Annual C!WOmer Equipment and InstailatiOll Costs [Line 5 + Line 6]
S Pcn:entage AUoc:ltion to FranclllSC An:n (see;nstruaions)
9 Allocated Annun! Eq,npment and Installation Cost [Une 1:< Line 8]
10. Monthly Equipment and Installation Cost [Line 9/(!21]
II Number of B.a.ic Subs<:ribc:rs in Franchise
12. Monthly Equipmenland Installation Cost Subscriber [Line 101 Line III
J) Inflation AdjumnentFnctor[Sc.: Insuuctious]
1~ Adjusted Monthl~' Equipment and InstaJ!ation Cost per Subscriber [Line 12:< Line I ~J
P~6
-C:<Cj-
Excel 4.0 Win, Version 2.0
Approvedby:OMB3060-0592
Expi~:4I30191
:sJ35,3'?30S31
59,6-38,359.00
S]I),173,752
,
$10,173,152
UJ'85,432
$IU59,1S4-
L
$11,.3:S9.1&4
$1,529,931.99-
466,687
n2783
,
$3.27&3
);< 31
FCCFonn ]205
May 1994
Fcdo:r:aJ Communications Commission
Washingtan.D.C.20534
Approved by. OMS 3060-0592
E:~pin:s: 4130197
SVMMARY SCHEDULE
CurTUlt[quipm.nl.ndlnOIllU.tionR.lu PCmlittc<l A~.
, ~eoforCablcSc...icclnSlallariono
;LHourly~[StcpA,Line71 "'.1
b.A~erageLnsta!lationChanteo'
, Installation of Unwin:d Home. [Step S, Line 9:>3 [ SJ);1I3
2.lnnaIlalionafP~redHomcs[SIc'pB,Line9b31 -SU.52
3,InstallalionofAdditionalConnectionsalTimeoflnitiallnstallalion[StepB,Linege3] S20,17
~ Installation of Addilian3! Connectians Requiring Sc-par.u.: Instal! [Step B, Line 9d3] $23.28
; OtIIetlnnallaliono(specifo.'){SIc'pB,uncs9cl,9c6,Qe9]
, .$20.11
b n76
, rn.28
, Month!y Chaise far L=.sc af RcmOk Controls [SIc'p C, une 17, columns :>.-<:[
Remme Comn:>l Type !' SO_2K
Remote Control T,,,., 2- $IJ:OQ
Remote Cantrol T~"., 3: $0,00
3 Monthly Charge fot Lease ofCon~ener So,..,o [Step D, une 25, columns :>.-<:]
Con~tt>:rBoxTypeL Sl.40
Con...-c-ncr Box T~"., 2: .$1.51
Con~ttcTBoxTy?C3 SO.OO
, Monthly Chat!;cfarr..:-afOthcrEquipment[Stcp E,Line33]
Other Equipment {SoccifV) so.ool
s ClwJ!e forChaaging Toers (if any) [Sceo F, Line 34, 3~ ar 36.:[ :$2.001
LABOR COST AND POLICY CHANCES
IndiCl1C youranswcrtothc fullowinl thn:cqucstians by p!acing an "x" in theappropriale box
I Have you indudcd die labor oosu associated with.ubscribercable drops in yourcl>arges forinitiaJ instaJlalion ?
[K]YES
DNO
2 Ha'e~'ouca:piwizcdthc!:>bor=MSOCi31Cdwith.ubsc:riberc:ablcdrops'
[TIYES
DNO
3 [fy"uh2~filedthi.fo""bef"re,luoveyouchan8edanypoli<:y,cg.,COSI;Jo;COunlin8arconalloc:r.tianlh<1t<:ausc. an iru:n:asc: in theCOst5
included in the computation afcquipmcaland installalians chargeS?
DYES (You mustalt;>l;h afuJl cxplan;1(ion)
[K]NO
CERTIFICATION STATEMENT
WILLFUL FALSE STATEMENTS MADE ONTIiIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U,S. CODETTTLE 18, SEcnON 1001), ANDIOR FORFEmJRE (U.S, CODE, TITLE 47, SEcnON 503)
I a:nify thai u.c SWCmen'-' made in Ibi, folR1 arc uu<: and CQm:<:t to the bcn afmy knawledge and belief, and arc
NameoflbeCabJcOpctatQr Signature
Co~ Comllluniuuon. S.n Diq:a
"'"
Tolle
- D25-
Page 1
Exce140Win, Versian20
)';J.-I{D
FCC Farm 1205
May 1994
Federal Communications Commission
Washington. DC 20554
Approved by OMB 3060-0685
FILING DATE FOR THIS FORM
FCC FORM ]240
UPDATING MAX]MUM PERMITTED RATES FOR REGULA TED CABLE SERVICES
(
)
Cable Operator:
Name of Cable Operator
Cox Communications
Maihng Address of Cable Operator
5159 Federal Blvd.
City I~tate I ~IP Code
San Dieeo Ca 92105
YES NO
Ix
YES NO
Ix
1. Does this filing involve a single franchise authority and a single community unit?
If yes, complete the franchise authority information below I
and enter the associated CUID number here:
2. Does this filing involve a single franchise authority but multiple community units?
If yes, enter the associated CUIDs below and complete the franchise authority infonnation at the bottom ofthis page:
3. Does this filing involve multiple franchise authorities?
If yes, attach a separate sheet for each franchise authority and include the following franchise authority information with
its associated CUID(s):
Franchise Authority Information:
Name of Local Franchising Authority
See Attached: National City, Chula Vista, Imperial Beach, Santee
Mailing Address of Local Franchising Authority
City State IZIP Code
Telephone number Fax Number
4. For what purpose is this Form 1240 being filed? Please put an "X" in the appropriate box.
a. Original Form 1240 for Basic Tier
b. Amended Form 1240 for Basic Tier
c. Original Form 1240 for CPS Tier
d. Amended Form 1240 for CPS Tier
~
TO
10/01/96 I 09/30/97 (mm/yy)
TO
10/01/95 I 06/30/96 (mm/yy)
YES NO
X
5. Indicate the one year time period for which you are setting rates (the Projected Period).
6. Indicate the time period for which you are performing a true-up.
7. Status of Previous Filing of FCC Form 1240 (enter an "x" in the appropriate box)
a. Is this the first FCC Form 1240 filed in any jurisdiction? I
b. Has an FCC Form 1240 been filed previously with the FCC?
If yes, enter the date ofthe most recent filing: I
YES
X
(mmldd/yy)
NO
X
(mmldd/yy)
FCC Fonn 1240
January 1996
c. Has an FCC Form 1240 been filed previously with the Franchising Authority?
If yes, enter the date of the most recent filing:
Page]
-c:?6-
I ~ - If!
Federal Communications Commission
Washington, DC 20554
Approved by OMB 3060-0685
8. Status of Previous Filing of FCC Form 1210 (enter an "x" in the appropriate box)
a. Has an FCC Form 1210 been previously filed with the FCC? I
If yes, enter the date ofthe most recent tiling: I
YES NO
X
11/15/95 (mm/dd/yy)
YES NO
X
11/15/95 (mm/dd/yy)
YES NO
X
07/15/94 (mm/dd/yy)
YES NO
X
07/15/94 (mm/ddlyy)
YES NO
X
(mm/dd/yy)
b. Has an FCC Fonn 1210 been previously filed with the Franchising Authority?
If yes, enter the date ufthe most recent filing:
9. Status of FCC Form 1200 Filing (enter an "x" in the appropriate box)
a. Has an FCC Form 1200 been previously filed with the FCC?
If yes, enter the date filed:
b. Has an FCC Form 1200 been previously filed with the Franchising Authority?
If yes, enter the date filed:
to. Cable Programming Services Complaint Status (enter an "x" in the appropriate box)
a. Is this fonn being filed in response to an FCC Form 329 complaint?
If yes, enter the date of the complaint:
11. Selection of "Going Forward" Channel Addition Methodology (enter an "x" in the appropriate hox)
DCheek here if you are using the original rules [MARKUP METHOD].
~Check here if you are using the new, alternative rules [CAPS METHOD].
If using the CAPS METHOD, have you elected to revise recovery for
channels added during the period May 15, 1994 to Dee 31, 1994?
YES
NO
X
12. Headend Upgrade Methodology
"'NOTE. Operators must certify to the Commission their eligibility to use this upgrade methodology and attach an equipment list and depreciation schedule.
DCheck here if you are a qualifying small system using the streamlined headend upgrade methodology.
Line
Part I: Preliminary Information
Module A: Maximum Permitted Rate From Previous Filing
a b c
Line Description Basic Tier 2 Tier 3
d
Tier 4
e
TierS
A I Current Maximum Pennitted Rate
1
$7.741
0 ue : u SCrI ers lD
a b c d e
Line Line Description Basic Tier2 Tier3 Tier 4 TierS
BI Average Subscribership For TrueMUp Period 1 32,630 31,808
B2 Average Subscribership For TrueMUp Period 2
83 Estimated Average Subscribership For Projected Period 63.058 61,500
MdlBSb
"b
$t7.141
h"
1
I
Module C: Inflation Information
Line
Line Description
Cl Inflation Factor For True-Up Period 1 [Wks I]
C2 Inflation Factor For True-Up Period 2 [Wks 1]
C3 Current FCC Inflation Factor
1.0218
1.02t6
-,;[7-
FCC Form 1240
January 1996
Page 2
) ~ - Lj:t...
Federal Communications Commission
Washington, DC 20554
Approved by OMB 3060-0685
0 ue : a cu atm!! t e ase Rate
a b e d e
Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier 5
Dl Current Headend Upgrade Segment
Dl Current External Costs Segment $0.4427 $5.6771
03 Current Caps Method Segment $0.0000 $1.5000
04 Current Markup Method Segment $0.0000 $0.0000
05 Current Channel MovementJDeletion Segment $0.0000 $0.0000
06 Current True-Up Segment
07 Current Inflation Segment
08 Base Rate [AI-OI-Dl-DJ-04-DS-06-D7] $7.2973 $9.9629
M dID C I I
h B
Part II: True-Up Period
Module E: Timin Information
Line Line Description
EI How long is the True-Up Period? (" 1" for "Less than or equal to 12 months" or first time filers, "2" for "Greater than) 2 month
If" I", answer E2 and EJ. If "2", answer E4 and E5
E2 Number of Months in the True-Up Period
E3 Number of Months between the Filing date of this Form 1240 and the end of the last Projected Period
E4 Number of Months in the second part of the True-Up Period Eligible for Interest
E5 Number of Months in the second part of the True-Up Period Ineligible for Interest
!
9
3
0 ule F: MaxImum ermItte ate or True-Up Period 1
a b e d e
Line Line Description Basic Tier 2 Tier3 Tier 4 Tier 5
FI Caps Method Segment For True.Up Period I [Wks 2] $1.5000
F2 Markup Method Segment For True-Up Period 1 [Wks 3]
F3 Chan Mvmnt Deletn Segment For True-Up Period 1 [Wks' 4/5] $0.1344 ($0.1379)
F4 True-Up Period I Rate Eligible For Inflation [D8+Fl+F2+F3] $74317 $11.325
F5 Inflation Segment for True-Up Period I [(F4*C I )-F4] $0.162 $0.2469
F6 Headend Upgrade Segment For True-Up Period 1 [Wks 6]
F7 External Costs Segment For True-Up Period 1 [Wks 7] $0.4664 $5.6962
F8 True-Up Segment For True-Up Period I
F9 Max Perm Rate for True-Up Period 1 [F4+F5+F6+F7+F8) $8.0601 $17.2681
Md
P
dR
F
0 ue : aXlmum ermItte ate or rue- In erlO
a b e d e
Line Line Description Basic Tier2 TierJ Tier 4 TierS
Gl Caps Method Segment For True-Up Period 2 [Wks 2]
G2 Markup Method Segment For True-Up Period 2 [Wks 3]
G3 Chan Mvmnt Deletn Segment For True-Up Period 2 [Wks' 4 5]
G4 TU Period 2 Rate Eligible For Inflation [D8+F5+G I +G2+G3]
G5 Inflation Segment for True-Up Period 2 [(04*C2)-04]
G6 Headend Upgrade Segment For True-Up Period 2 [Wks 6]
G7 External Costs Segment For True-Up Period 2 [Wks 7]
G8 True-Up Segment For True-Up Period 2
G9 Max Perm Rate for True-Up Period 2 [04+05+06+07+08]
M dIG M
P
dR
F T
UP' d2
-<28'-
FCC Form 1240
January 1996
Page 3
}:J. -~3
Federal Communications Commission
Washington, DC 20554
Approved by OMB 3060-0685
0 ue : rue- Jp lIustment alculation
a b c d e
Line Line Description Basic Tier 2 Tier 3 Tier 4 TierS
Adjustment For True-Up Period 1
HI Revenue From Period 1 $2,143,791.00 $4,901,853.825
H2 Revenue From Max Pennitted Rate for Period 1 $2,367,020.896 $4,943,309.6339
H3 True-Up Period I Adjustment [H2-HI] $223.229.896 $41,455.8089
H4 Interest on Period I Adjustment $15,960.7196 $2,964.0499
Adjustment For True-Up Period 2
H5 Revenue From Period 2 Eligible for Interest
H6 Revenue From Max Penn Rate for Period 2 Eligible For Interest
H7 Period 2 Adjustment Eligible For Interest [H6-H5]
H8 Interest on Period 2 Adjustment (See instructions for formula)
H9 Revenue From Period 2 Ineligible for Interest
HIO Revenue From Max Penn Rate for Period 2 Ineligible for Interes
HI! Period 2 Adjustment Ineligible For Interest [H IO-H9]
Total True-Up Adjustment
H12 Previous Remaining True-Up Adjustment $0.0000 $0.0000
H13 Total True-Up Adjustment [H3+H4+H7+H8+Hll+HI2] $239,190.6156 $44,419.8588
HI4 Amount of True-Up Being Claimed This Projected Rate Period $239,190.6156 $44,419.8588
HI5 Remaining True-Up Adjustment [H13-HI4] ($0.0000) ($0.0000)
M d I H T
U Ad"
c
Part III: Projected Period
Module I: New Maximum Permitted Rate
a b e d e
Line Line Description Basic Tier2 Tier3 Tier 4 TierS
1I Caps Method Segment For Projected Period [Wks 2] $1.9073
12 Markup Method Segment For Projected Period [Wks 3]
13 Chan Mvmnt Deletn Segment For Projected Period [Wks 4/5] $1.2096 ($1.2409)
14 Proj. Period Rate Eligible For Inflation [D8+F5+G5+II+12+13) $8.6689 $10.8762
15 Inflation Segment for Projected Period [(I4*C3)-14] $0.1872 $0.2349
16 Headend Upgrade Segment For Projected Period [Wks 6]
17 External Costs Segment For Projected Period [Wks 7] $0.563 $6.0106
18 True-Up Segment For Projected Period $0.3161 $0.0602
19 Max Pennitted Rate for Projected Period [14+15+16+17+18] $9.7353 $17.182
1I0 Operator Selected Rate For Projected Period
Note: The maximum permitted rate figures do not take into account any refund liability you may have. 1fyou have previously been ordered by the Commission or your
localfranchisingauthority to make refunds. you are not relieved of your obligation to make such refunds even if the permitted rate is higher than the contested rate or
your current rate.
Certification Statement
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S. CODE TITLE 18, SECTION 1001), AND/OR FORFEITURE (US. CODE, TITLE 47, SECTION 503).
Signature
Date
Name and Title of Person Completi
Telephone number
619 266-5410
William Fitzsimmons, Director of Finance & Administration
Fax Number
619 266-5540
Page 4
d;2f -
FCC Fonn 1240
January 1996
) ~ 'lfL[,
Federal Communications Commission
Washington, DC 20554
Worksheet 1 - True-Up Period Inflation
For instructions, see Appendix A of Instructions For FCC Form 1240
Question I. How long is True-Up Period 1. in months?
Question 2. How long is True-Up Period 2, in months?
Page I
Line Period FCC Inflation Factor
101 Month 1 2.22%
102 Month 2 2.22%
103 Month 3 2.22%
104 Month 4 2.16%
105 Month 5 2.16%
106 Month 6 2.16%
107 Month 7 2.16%
108 Month 8 2.16%
109 Month 9 2.16%
110 Month 10
III Month II
112 Month 12
113 tver:j!fe \J)flatifr Factor for 1.0218
rue- p eno
114 Month 13
lIS Month 14
116 Month 15
117 Month 16
118 Month 17
119 Month 18
120 Month 19
121 Month 20
122 Month 21
123 Month 22
124 Month 23
125 Month 24
126 tver:j!fe \J)flatif~ Factor for
rue. p eno
-30 -
/").-46
Approved By OMB 3060-0685
9
FCC Form 1240
January 1996
Federa] Communications Commission
Washington, DC 20554
Approved By OMB 3060-0685
Worksheet 2 - Caps Method
True-Up Period, Tier 2
True-Up Projected
Period Period
X
Question 1. Indicate the period for which this worksheet i~ being used. (Put an "X" in the appropriate box.)
Question 2. Indicate the tier for which this worksheet is being used. (Put an "X" in the appropriate box.)
Basic
Tier 2
X
Tier 3
Tier 4
Tier 5
Question 3. How long is the first period, in months, for which rates are being set with this worksheet?
Question 4. How long is the second period, in monthsJor which rates are being set with this worksheet?
9
2
3
4
5
6
7
8
9
Previous Current Operators Operator's Total License Total
Net Cap For License Fee F R Total Caps
Line Period Regulated Regulated Change Channels Cap For Reserve Used ee eserve Operators Adjustment
Channels Channels Added License Fees Used Cap Used
201 Previous $0.30 $1.20 $1.50
Month
202 Month 1 $0.30 $1.20 $1.50
203 Month 2 $0.30 $1.20 $1.50
204 Month 3 $0.30 $1.20 $1.50
205 Month 4 60 61 $0.00 $0.00 $0.00 $0.30 $1.20 $1.50
206 Month 5 $0.30 $1.20 $1.50
207 Month 6 $0.30 $1.20 $1.50
208 Month 7 $0.30 $1.20 $1.50
209 Month 8 $0.30 $1.20 $1.50
210 Month 9 $0.30 $1.20 $1.50
211 Month 10
212 Month I]
213 Month 12
214 Avera e Period 1 Ca s Method Ad"ustment $1.5000
215 Month 13
216 Month 14
217 Month 15
218 Month 16
219 Month 17
220 Month 18
221 Month 19
222 Month 20
223 Month 21
224 Month 22
225 Month 23
226 Month 24
227 Avera e Period 2 Ca s Method Ad"ustment
-31
FCC Form 1240
January 1996
Page 2
) :1- Lfl
Federal Communications Commission
Washington, DC 20554
Approved By OMB 3060-0685
Worksheet 2 - Caps Method
Projected Period, Tier 2
Question 1. Indicate the period for which this worksheet is being used. (Put an "X" in the appropriate box.)
True-Up Projected
Period Period
X
Question 2. Indicate the tier for which this worksheet is being used. (Put an "X" in the appropriate box.)
Basic Tier 2 Tier 3 Tier4 Tier 5
X
Question 3. How long is the first period, in months,for which rates are being set with this worksheet? 12
Question 4. How long is the second period. in months,for which rates are being set with this worksheet? 0
2 3 4 5 6 7 8 9
Previous Current Operators Operator's Total License Total
Line Period Regulated Regulated Ne' Cap For Cap For License Fee Fee Reserve Operators Total Caps
Change Channels Reserve Used Adjustment
Channels Channels Added License Fees Used Cap lJsed
201 Previous $0.30 $1.20 $1.50
Month
202 Month 1 $0.30 $1.20 $1.50
203 MonthZ $0.30 $1.20 $1.50
204 Month 3 $0.30 $1.20 $1.50
205 Month 4 61 61 0 $0.20 $0.34 $0.64 $].40 $2.04
206 Month 5 $0.64 $1.40 $2.04
207 Month 6 $0.64 $1.40 $2.04
208 Month 7 $0.64 $1.40 $2.04
209 Month 8 $0.64 $1.40 $2.04
210 Month 9 $0.64 $1.40 $2.04
211 Month 10 $0.64 $1.40 $2.04
212 Month II $0.64 $1.40 $2.04
213 Month 12 $0.64 $1.40 $2.04
214 Avera e Period I Ca s Method Ad"ustment $].9073
-.3~-
FCC Form 1240
January 1996
Page 2
1f7-'lj-Z
Federal Communications Commission
Washington, DC 20554
Approved By OMB 3060-0685
Worksheet 4 - Residual
True-Up Period
For instructions, see Appendix A of Instructions For FCC Form 1240
Question 1. Indicate the period for which this worksheet is being used. (Put an "X" in the appropriate box.)
True-Up Period Projected Period
x
Line
Line Descri tion
a
Basic
Period One
b
Tier 2
c
TierJ
d
Tier 4
c
TierS
401 Average Permitted Charge $7.3000 $17.1233
402 Average External Costs $0.4664 $5.6962
403 Average Total Per Channel Adjustments after 5/14/94 $1.5000
for Channels Added Using Caps Method
404 Average Tier Residual [401-402-403] $6.8336 $9.9271
405 Average Channels per Regulated Tier 19.0000 41.6666
406 Average Caps Method Channels per Tier 0.0000 9.6666
407 Average Remaining Channels [405-406] 19.0000 32.0000
408 Average Period 1 Per Channel Residual [404/407] $0.3597 $0.3102
Period Two
409 Average Permitted Charge
410 Average External Costs
411 Average Total Per Channel Adjustments after 5/14/94
for Channels Added Usine: CaDS Method
412 Average Tier Residual [409-410-411]
413 Average Channels per Regulated Tk:r
414 Average Caps Method Channels per Tier
415 Average Remaining Channels [413-414]
416 Average Period 2 Per Channel Residual r412/415]
Page I
- 33~
FCC Form 1240
January 1996
) ~ - 4~
Federal Communications Commission
Washington, DC 20554
Approved By OMB 3060-0685
Worksheet 4 - Residual
Projected Period
Question I. Indicate the period for which this worksheet is being used. (Put an "X" in the appropriate box.)
True-Up Period Projected Period
x
Line
Line Oescri tion
a b
Basic Tier 2
Period One
c
Tier3
d
Tier4
c
TierS
401 Average Permitted Charge $7.7400 $17.1400
402 Average External Costs $0.5630 $6.0106
403 Average TotaJ Per Channel Adjustments after 5/14/94 $1.9073
for Channels Added Using CaDs Method
404 Average Tier Residual [401-402-403] $7.1770 $9.2220
405 Average Channels per Regulated Tier 23.0000 38.0000
406 Average Caps Method Channels per Tier 0.0000 8.0000
407 Average Remaining Channels [405-406] 23.0000 30.0000
408 Average Period 1 Per Channel Residual [404/407] $0.3120 $0.3074
Page 2
- 3Y-
FCC Form 1240
January 1996
) '). - If?
Question 2.
I
Federal Communications Commission
Washington, DC 20554
Approved By OMB 3060-0685
Worksheet 5 - Channel Movement and Deletion
True-Up Period, Basic Tier
For instructions, see Appendix A ofInstructions For FCC Form 1240
Question 1. Indicate the period for which this worksheet is being used. (Put an "X" in the appropriate box.)
I True-u~ Period
(Put an "X" in the appropriate box.)
Tier 3 I
Projected Period
Indicate the tier for which this worksheet is being used.
B~iC I Tier 2 I
Tier 4
Tier 5
Question 3. How long is the first period, in months, for which rates are being set with this worksheet?
Question 4. How long is the second period, in months, for which rates are being set with this worksheet?
501
502
503
504
505
506
507
508
509
510
511
512
513
514
9
1
2
3
4
Line
Residual of Channels Deleted Residual of Channels Moved
From Tier (added) to Tier
Net Per-Channel Cost
Adjustment [Column 2-
Column I)
Cumulative Net Per-
Channel Cost Adjustment
Period
Previous Period
Month 1
Month 2
Month 3
Month 4
Month 5
Month 6
Month 7
Month 8
Month 9
Month 10
Month II
Month 12
Avera e Period 1 Channel Movement and Deletion Ad'ustment
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$1.2096
$1.2096
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$1.2096
$0.1344
515 Month 13
516 Month 14
517 Month 15
518 Month 16
519 Month 17
520 Month 18
521 Month 19
522 Month 20
523 Month 21
524 Month 22
525 Month 23
526 Month 24
527 Avera e Period 2 Channel Movement and Deletion Ad'ustment
- 2s--
FCC Form 1240
January 1996
Page 1
;"-bO
Question I. Indicate the period for which this worksheet is being used. (Put an "X" in the appropriate box.)
I True-u~ Period
Question 2. Indicate the tier for which this worksheet is being used. (Put an "X" in the appropriate box.)
I Basic I Ti; 2 I Tier 3 I
Federal Communications Commission
Washington, DC 20554
Approved By OMB 3060-0685
Worksheet 5 - Channel Movement and Deletion
True-Up Period, Tier 2
For instructions, see Appendix A oflnstructions For FCC Fonn 1240
Projected Period
Tier 4
Tier 5
Question 3. How long is the first period, in months, for which rates are being set with this worksheet?
Question 4. How long is the second period, in months, for which rates are being set with this worksheet?
9
1
2
3
4
Line
Residual of Channels Deleted Residual of Channels Moved
From Tier (added) to Tier
Net Per-Channel Cost
Adjustment IColumn 2-
Column 1]
Cumulative Net Per-
Channel Cost Adjustment
Period
501
502
503
504
505
506
507
508
509
510
511
512
513
514
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
($1.2409)
Previous Period
Month 1
Month 2
Month 3
Month 4
Month 5
Month 6
Month 7
Month 8
Month 9
Month 10
Month 11
Month 12
Avera e Period t Channel Movement and Deletion Ad"ustment
$1.2409
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
($1.2409)
($0.1379
515 Month 13
516 Month 14
517 Month 15
518 Month 16
519 Monthl7
520 Month 18
521 Month 19
522 Month 20
523 Month 21
524 Month 22
525 Month 23
526 Month 24
527 Avera e Period 2 Channel Movement and Deletion Ad"ustment
Page 2
-->/-
-Dt7
FCC Form 1240
January 1996
}~'5L
Question 1. Indicate the period for which this worksheet is being used. (Put an "X" in the appropriate box.)
I True-Up Pedod
Question 2. Indicate the tier for which this worksheet is being used. (Put an "X" in the appropriate box.)
I B~ic I Tier 2 I Tier 3 I
Federal Communications Commission
Washington, DC 20554
Approved By OMB 3060-0685
Worksheet 5 - Channel Movement and Deletion
Projected Period, Basic Tier
For instructions, see Appendix A ofInstructions For FCC Form 1240
Projected Period
x
Tier 4
TierS
Question 3. How long is the first period, in months, for which rates are being set with this worksheet?
Question 4. How long is the second period, in months, for which rates are being set with this worksheet?
12
o
2
3
4
Line
Residual of Channels Deleted Residual of Channels Moved
From Tier (added) to Tier
Net Per-Channel Cost
Adjustment (Column 2 ~
Column IJ
Cumulative Net Per-Channel
Cost Adjustment
Period
501
502
503
504
505
506
507
508
509
510
51i
512
513
514
Previous Period
$1.2096
$1.2096
$1.2096
$1.2096
$1.2096
$1.2096
$1.2096
$1.2096
$1.2096
$1.2096
$1.2096
$1.2096
$1.2096
$1.2096
Month I
Month 2
Month 3
Month 4
Month 5
Month 6
Month 7
Month 8
Month 9
Month 10
Month II
Month 12
Avera e Period I Channel Movement and Deletion Adjustment
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
Page 1
-37-
FCC Fonn 1240
January 1996
) :;z -5:C
Federal Communications Commission
Washington, DC 20554
Approved By OMB 3060-0685
Worksheet 5 - Channel Movement and Deletion
Projected Period, Tier 2
For instructions, see Appendix A ofInstructions For FCC Form 1240
Question I.
Indicate the period for which this worksheet is being used. (Put an "X" in the appropriate box.)
I True-Up Period
(Put an "X" in the appropriate box.)
Tier3 I
Projected Period
x
Question 2. Indicate the tier for which this worksheet is being used.
I Basic I Ti; 2 I
Tier 4
Tier 5
Question 3. How long is the first period, in months, for which rates are being set with this worksheet?
Question 4. How long is the second period, in months, for which rates are being set with this worksheet?
12
o
2
3
4
Line
Residual of Channels Deleted Residual of Channels Moved
From Tier (added) to Tier
Net Per-Channel Cost
Adjustment [Column 2-
Column I)
Cumulative Net Per-Channel
Cost Adjustment
Period
501
502
503
504
505
506
507
508
509
510
511
512
513
514
($1.2409)
($1.2409)
($1.2409)
($1.2409)
($1.2409)
($1.2409)
($1.2409)
($1.2409)
($1.2409)
($1.2409)
($1.2409)
($1.2409)
($1.2409
($1.2409)
Previous Period
Month 1
Month 2
Month 3
Month 4
Month 5
Montb6
Month 7
Month 8
Month 9
Month 10
Month 11
Month 12
Avera e Period I Channel Movement and Deletion Ad'ustment
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
$0.0000
-3g~
FCC Form 1240
January 1996
Page 2
):J -t;3
Federal Communications Commission
Washington, DC 20554
Approved By OMS 3060-0685
Worksheet 7 - External Costs
True-Up Period
For instructions, see Appendix A of Instructions For FCC Fonn 1240
True-Up Period
Projected Period
Question 1. For which time period are you filling out this worksheet? [Put an "X" in the appropriate box.]
x
Question 2. How long is the first period, in months, for which rates are being set with this worksheet?
Question 3. How long is the second period, in months, for which rates are being set with this worksheet?
9
Line
Line Description
Basic
Tier 2
Period 1
Tier3
Tier 4
TierS
External Costs Eligible for Marknp
Cost of Programming For Channels Added Prior to
701 5/15/94 or After 5/15/94 Using Markup Method For $119.573.00 $1,499,951.00
Period
702 Retransmission Consent Fees For Period
703 Copyright Fees For Period
704 External Costs Eligible For 7.5% Markup $119,573.00 $1,499,951.00
705 Marked Up External Costs $128,540.9750 $1,612,447.3250
External Costs Not Eligible for Markup
706 Cable Specific Taxes For Period $8,434.53 $18,200.79
707 Franchise Related Costs For Period
708 Commission Regulatory Fees For Period
709 Total External Costs For Period $136,975.5050 $1,630,648,1150
710 Monthly, Per-Subscriber External Costs For Period I $0.4664 $5.6962
Period 2
External Costs Eligible for Markup
Cost of Programming For Channels Added Prior to
711 5/15/94 or After 5/15/94 Using Markup Method For
Period
712 Retransmission Consent Fees For Period
713 Copyright Fees For Period
714 External Costs Eligible For 7.5% Markup
715 Marked Up External Costs
External Costs Not Eligible for Markup
716 Cable Specific Taxes For Period
717 Franchise Related Costs For Period
718 Commission Regulatory Fees For Period
719 Total External Costs For Period
720 Monthly. Per-Subscriber External Costs For Period 2
-39~
Page 1
FCC Fonn 1240
January 1996
) ~ - 5t
Federal Communications Commission
Washington, DC 20554
Approved By OMB 3060-0685
Worksheet 7 - External Costs
Projected Period
For instructions, see Appendix A of Instructions For FCC Form 1240
True-Up Period
Projected Period
Question 1. For which time period are you filling out this worksheet? [Put an "X" in the appropriate box.J
X
12
o
Question 2. How long is the first period, in months, for which rates arc being set with this worksheet?
Question 3. How long is the second period, in months, for which rates are being set with this worksheet?
Line
Line Description
Basic
Tier 2
TierJ
Tier4
Tier5
PerIO
External Costs Eligible for Markup
Cost of Programming For Channels Added Prior to
701 5/15/94 or After 5/15/94 Using Markup Method For $385,839.00 $4,103,797.00
Period
702 Retransmission Consent Fees For Period
703 Copyright Fees For Period
704 External Costs Eligible For 7.5% Markup $38S,839,00 $4,103,797,00
705 Marked Up External Costs $414,776,9250 $4,411,581,7750
External Costs Not Eligible for Markup
706 Cable Specific Ta.'xes For Period $11,246.04 $24,267.72
707 Franchise Related Costs For Period
708 Commission Regulatory Fees For Period
709 Total External Costs For Period $426,022,9650 $4,435,849,4950
710 Monthly, Per-Subscriber External Costs For Period I $0,5630 $6,0 t 06
-~()-
FCC Form 1240
January 1996
Page 2
I ~ -5b
Federal Communications Commission
Washington, DC 20554
Approved By OMS 3060-0685
Worksheet 8 - True-Up Rate Charged
For instructions, see Appendix A ofInstructions For FCC Form 1240
Question 1. How long is the True-Up Period I, in months?
Question 2. How long is the True-Up Period 2, in months?
9
a b c d e
Line Line Description Basic Tier2 Tier3 Tier 4 Tier 5
801 Month 1 $7.3000 $15.3900
802 Month 2 $7.3000 $15.3900
803 Month 3 $7.3000 $15.3900
804 Month 4 $7.3000 $17.1400
805 MonthS $7.3000 $171400
806 Month 6 $7.3000 $171400
807 Month 7 $7.3000 $17.1400
808 Month 8 $7.3000 $19.6900
809 Month 9 $7.3000 $19.6900
810 Month 10
811 Month II
812 Month 12
813 Period 1 Average Rate $7.3000 $171233
814 Month 13
815 Month 14
816 Month 15
817 Month 16
818 Month 17
819 Month 18
820 Month 19
821 Month 20
822 Month 21
823 Month 22
824 Month 23
825 Month 24
826 Period 2 Average Rate
Page 1
-.1./1-
FCC Fonn 1240
January 1996
):2 -~ t
COX COMMUNICATIONS
Franchise Authority Information:
Name of Local Franchising Authority CUID(s)
City of National City CA0419
Mailing Address of Local Franchising Authority
1243 National City Blvd.
City State I ~IP Code
National City Ca 91950
Telephone number Fax Number
(619) 691-5044 (619) 336-4376
Name of Local Franchising Authority CUID(s)
City ofChula Vista CA0329
Mailing Address of Local Franchising Authority
276 Fourth Avenue
City State I ~IP Code
Chula Vista Ca 91910
Telephone number Fa.x Number
(619) 691-5044 (619) 691-5171
Name afLocal Franchising Authority CUID(s)
City ofIm perial Beaeh CA0421
Mailing Address of Local Franchising Authority
825 Imperial Beach
City State ~IP Code
Imperial Beach Ca 91932
Telephone number Fax Number
(619) 423-8300 (619) 429-9770
Name of Local Franchising Authority CUID(s)
City of Santee IcA0337
Mailing Address of Local Franchising Authority
10601 Magnolia Avenue
City State I~IP Code
Santee Ca 92071
Telephone number Fax Number
(619) 258-4100 (619) 562-0649
-.Jf~-
) ~ -62
95 Oct
Nay
Dec
96 Jan
Feb
Mar
Apr
May
Jun
96 Oct
Nay
Dec
97 Jan
Feb
Mar
Apr
May
Jun
Ju1
Aug
Sep
COX COMMUNICATIONS
PROGRAMMING EXPENSE BY MONTH
Chula Vista, National City, Imperial Beach, Santee
BASIC CPS
Subs Rate Cost Subs Rate Cost
32,630 0.3979 12,983 31,808 5.2498 166,986
32,630 0.3979 12,983 31,808 5.2498 166,986
32,630 0.3979 12,983 31,808 5.2498 166,986
32,630 0.4118 13,437 31,808 5.2345 166,499
32,630 0.4118 13,437 31,808 5.2345 166,499
32,630 0.4118 13,437 31,808 5.2345 166,499
32,630 0.4118 13,437 31,808 5.2345 166,499
32,630 0.4118 13,437 31,808 5.2345 166,499
32,630 0.4118 13,437 31,808 5.2345 166,499
32,630 119,573 31,808 1,499,951
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 0.5099 32,153 61,500 5.5607 341,983
63,058 385,839 61,500 4,103,797
-43-
)7. -5?
'1,_)
. Basic
Premium & PPV in bold
Available forlldd charge
COX COMMUNICATION SOUTH
CHANNEL LINE UP BY DATE
Start True-up End True-up StortProjeded End Projected
10/1/95 1/1/96 6130/96 10/1196 IOfl/97
USA USA USA USA USA
ESPN ESPN ESPN ESPN ESPN
. KCOX . KCOX . KCOX . KCOX . KCOX
. KTLA . KTLA . KTLA . KTLA . KTLA
. XETV . XETV . XETV XETV . XETV
. KNSD . KNSD . KNSD . KNSD . KNSD
. KFMB . KFt>.IB . KF:>'!B . KFMB . KFMB
. KUSI . KUS! . KUSI . KUSI . KVSI
. KGTV . KGTV . KGTV . KGTV . KGTV
. KPBS . KPBS . KPBS . KPBS . KPBS
. XEWT . XEWT . XE\VT . XEWT . XEWT
. KCOP . KCOP . KCOP . KCOP . KCOP
. KITY . KITY . KITY . KITY . KITY
Showtime Showtime . SNEAK . SNEAK . SNEAK
UBO UBO . KBNT . KBNT . KBNT
Cinemax Cinemax . COUNTY GOVT . COUNTY GOVT . COUNTY GOVT
. C-SPAN2 . C-SPAN2 . C-SPAN2 . C-SPAN2 . C-SPAN::!
Family Family Family Family Family
. XHAS . XHAS . XHAS . XHAS . XHAS
. C-SPAN . C-SPAN . C-SPAN . C-SPAN . C-SPAN
Viewers Choice Viewers Choice . WEATHER . WEATHER . WEATHER
. ITVI1IEV . ITV/MEV . ITViMEV . ITViMEU . ITViMEU
. Calif1GovtAcces . Calif/GovtAcces . Calif/GovtAcces . Calif/GovtAcces . CaliffGovtAcces
. Qye . Qve . QVC . QVC . Qve
. WGN . WGN . WGN . WGN . WGN
. TBS . TBS . TBS . TBS . TBS
Lifetime Lifetime Lifetime Lifetime Lifetime
NASA/PRIME NASAlPRI\IE NASAlPR![I.,IE NASAIPRIME NASAlPRHv!E
MTV MTV MTV 1\.!TV MTV
CNN CNN eNN eNN eNN
Headline News Headline News Headline News Headline News Headline News
A~.fC MdC A~IC AMC AMC
TNT TNT TNT TNT TNT
Discovery Discovery Discovery Discovery Discovery
Leaming Learning Learning Learning Learning
KBNT KBNT PREVIEW PREVI EW PREVIEW
Prime Deportiva Prime Depor1iva Prime Depor1iva Prime Deportiva Prime Deportiva
Inlernational International International Intemational International
BET BET BET BET BET
A&E A&E A&E A&E A&E
Bravo Bravo Bravo Bravo Bravo
CNBC CNBC G;gC CNBC CNBC
Weather Weather SCI-FI SCI-FI SCI-FI
TNN TNN Tl','}.i TNN TNN
VIII VHI \'HI V!-11 VHI
Nickelodeon Nickelodeon !\id.etodeon Nickelodeon Nickelodeon
Comedy Comedy Comedy Comedy Comedy
E E E E E
Cartoon Cal1oOI1 Cartoon Cartoon Cal1OOI\
Faith & Values Faith & Values Faith & Values Faith& Values Faith & Values
Disney Disney Disney Disney Disney
Prevue Pn,'\lle Showlime Showtime Showtime
Sci-Fi Sci~Fi IIRO IIGO IIBO
Sneak Sneak Cinemax Cinema~ Cinemax
Court Court Viewers Choice Viewers Choice ViewersChoicc
IIlItChoice lIotChoice lIotChoice llotChoice lIotChoice
Showtime2 Showtime2 Showtime2 Showtime2 Showtime2
11B02 11802 IIR02 11802 IIR02
Cimemax2 Cimemax2 Cimemax2 Cimemax2 Cimemax2
nn OIT CMT CMT CMT
EI1core Encore Encore Encore Elleore
Travel Travel Tlal'd Travel Travel
Gems Gems Ge<ns Gems Gems
MTVLatino ~nVLatinL) Coun Court Court
HSN HSN IIS~ HSN HSN
Value Vision Value Vision Value Vision VallleVisil1n Value Vision
FX FX FX FX FX
MEV MEV MElI MEV ~!EU
OlltdoorLife OlltdoorLife Outdoor Life Outdoor Life OllldoorLife
ContinuoIJsllits3 ContinollosHits3 Continuousllits3 Continuous Hits 3 Continuollsllits3
ESPN2 ESPN2 ESPN2 ESPN2 ESPN2
History History History History History
TeM TCM TeM TCM TeM
LeassedAceess Leas~ed Access LeassedAcccss LeassedAccess
ContinuouslIits4 Conlinuollsllits4 Continuous Hits4 Continuuus IIits4 Continuousllits4
SEGA SEGA SEGA
Continuousllits Cuntinuousllits ContinuOlIsllits Continuous llits Continuousllits
Ch"
2
3
4
5
6
7
,
,
10
II
12
13
14
15
16
17
I'
I'
20
21
22
23
24
25
26
27
28
29
30
31
32
33
"
35
36
37
38
39
40
41
42
43
44
45
46
47
4S
49
50
51
52
53
54
55
56
57
"
"
60
61
62
63
"
65
66
67
68
69
70
71
72
73
74
75
76
78
99
ChannclCollnt
Basic " 19 " " 2J
er, 41 42 33 3< 38 -1-jif -
Other 15 15 16 )~ -69- 16 16
Total 75 76 77 77 77 ./
I
ATTACHMENT #4
SEP
5 Ice,s
August 30, 1996
Cox Communications
5159 Federal Boulevard
San Diego, California 92105-5486
161912639251
Me. John Goss
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
CO~
COMMUNICATIONS
Dear Mr. Goss:
RE: NEW PROGRAMMING AND CHANNEL CHANGES
Cox Communications strives to give our customers as many progranuning options as possible. That's
why, effective September 30, 1996, Cox Communications will be offering new choices to our customers,
including:
"SAN DIEGO'S I5"/Cox Channel 15
For the first time in San Diego history, cable and broadcast news operations will combine efforts to offer
local news 24-hours a day on Cox Channel 15. "San Diego's 15" will offer repeated broadcasts of
KGTV/Channel lO's news progranuning and will simulcast coverage of breaking news. Beginning
September 30, 1996, San Diegans will have the convenience of getting greater access to in-depth local news
by watching Cox Channel 15.
MSNBC/Cox Channel 39
Cox is also proud to announce the launch ofMSNBC on Cox Channel 39. MSNBC combines Microsoft's
legendary computer software expertise with NBC's worldwide news operation to feature up-to-the-minute
news from around the globe using three media technologies: broadcast, cable television and the Internet.
MSNBC will begin airing on Cox Channel 39 on September 30, 1996.
The History Channel/ESPN2
Cox Communications strives to constantly bring more value to our customers. In the past, Cox subscribers
were charged a premium for The History Channel and ESPN2, but as of September 30, 1996, this award-
winning programming will be included in the progranuning line-up for Expanded-Basic Tier customers at
no extra charge. The History Channel will feature educational documentaries, mini-series and movies on
Cox Channel 73 and ESPN2 will be aired on Cox Channel 38.
In order to provide these new progranuning opportunities to our customers, changes in the channel line-up
will be occurring. Details on those changes are included in the enclosed notice which will be sent to all of
our customers.
If you have any questions or require additional information, please feel free to contact me at 266-5203.
- ,/-5 -
)()-!;D
,~,
COX
COMMUNICATIONS
MSNBC AND SAN DIEGO'S NEWS
Coming September 30th, 1996 ' , CHANNEL 15 COME TO :--
new serVJces, San Dieg , N ' Cox (ommumcations is Proud t CU~
channel 15, featuring lo~a~ ne ewsfi Channel 15, an exclusive loca~ announ~e the addnion (>I J\\"
ws rom KGTV-JO, 24 hours a d news cannel, will debut O!1
j dd' ay
n a Jtion, MSNBC 'JJ
, WI come to C C
orgamzation to embrace three media te ox ommunications on channeJ 39
bnngs you UP-to-the-minute n fi chnologJes - broadcast, cable a d h j' As the only l1e\\,
ews rom around the globe, n t e nternet - MS " Be
Also, ESPN? and Th H'
S - e ,story Ch I'
eptember 30th, makin th ' anne wtiJ move to OUr Cox E
channel 38, Finallv du; t em avatiable to all Cox Expanded cust xpanded Jevel of servkL on
will switch chann~; POSiti~ Contractual agreements, KTLA-5 ando:;~y' ESPN2 will be found on
ns, -14 (soon to he KS\"BI
(over)
YOUR CONNECTION TO THE FUTUR'
"r' "
----
(0
On September 29th, Faith & Values channel 51 ceases showing strictly
praise and worship programming and becomes a ne~ channel calkd
Odyssey, As a result of this change, and the addition of new channels,
Odyssey will not be carried effective September 30th.
In addition, Continuous Hits 1 will no longer be carried on our lineup, and
Continuous Hits 3 will now share time on channel 99. Continuous Hih "J,
will run from 6A.M, to 10 PM..
As part of this change, the International Channel will move to channel 71 ,
and Prime Deportiva will move to channel 72.
Finally, Sneak Prevue will move to channel 51, offering Pay-Per- Vt ~,\
previews and programming information.
"
\
FOR MORE INFORMATION, CALL 262-1122
~76-
I'}.- 01
~~~
4...J(t--~
~~~.;E
ATTACHMENT #5
CllY OF
CHUiA VISTA
OFFICE OF THE CITY MANAGER
September II, 1996
Mary Tietz
Goverrunent Relations Manager
Cox Communications
RE: Form 1235, 1240 and 1205 Rate Requests, Draft 329 Complaint; Public Hearing
This letter is to inform you that in regard to the various rate filings received from your company,
the Chula Vista City Council is tentatively scheduled to hold a public hearing on Tuesday,
October 1. The meeting will be held at the City Council Chambers, 276 Fourth Avenue,
beginning at 4:00 p.m.
Attached to this letter is a draft FCC Form 329 Complaint. It is staffs understanding that an
advance copy of the Public Knowledge report included in this complaint was also provided to Mr.
William Fitzsimmons and Jack Jacobs on August 27. Based on any initial reading of that report
or of the draft herein provided, we look forward to receiving Cox's comments within the next
30 days as provided by FCC regulations. After that date, if a complaint still appears justified,
it would be filed with the FCC in conjunction with any written comments submitted to the City
by Cox.
In reviewing the forms submitted, the City's consultant found the 1240 to be satisfactorily
completed. The 1205 filing, as it did not present rate increases for Chula Vista customers, was
not subject to their review. The primary concerns to be raised by staff at the public hearing will
be I) the appropriateness of the spread of upgrade costs via the 1235 to Basic and CPS tiers and
2) the justification for filing an FCC Form 329 complaint on the upgrade-based CPS rates.
As this can be both a technical and bureaucratic process, I look forward to working with you to
clarify any of the issues in question to present the most balanced and informative report possible
for our Council's consideration. In addition to any written comments you may have, I am fully
available to discuss these matters with you by phone at 585-5649. I can also be reached via fax
at 585-5612.
Sincerely,
ffi~-#~2::
Gerald Y g
Principa M gement Assistant
Attachments:
Draft Fonn 329 Complaint
Public Knowledge report, August 27, 1996
Public Hearing Notice for October I, 1996
ce: City Council
William Fitzsimmons, Cox Communications, Director of Finance
Jack Jacobs, Cox Communications, Financial Analyst
-Jf 7-
276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910 . (619) 691-5031 . FAX (619) 585.5612
?~ .."'*""-... ! "J - 0 ~
(:M?AFr)
Federal Communications Commission
Approved by OMB 3060-05<49
FCC FORM 329
CABLE PROGRAMMING SERVICES RATE COMPLAINT FORM
PLEASE READ THE INSTRUCTIONS PRIOR TO COMPLETING THIS FORM
All of the requested information must be provided to enable us to consider the
complaint. Incomplete filings cannot be processed and will be returned.
Franchise Authority Name:
Street Address:
City of Chula Vista
276 Fourth Avenue
City Chula Vista
Phone Number:
State
CA
Zip Code 91910
(619)
Cable System Name:
Street Address:
691-5031
Cox Communications
5159 Federal Blvd.
San Diego
State
CA
Zip Code 92105-5486
City
Phone Number:
FCC community unit identifier number for cable system.
CA0329
Subscriber complaints regarding a rate increase
to the cable programming services tier(s) were
received by the local franchise authority
within 90 days of the effective date of the increase.
(If no, the complaint cannot be filed.)
YES
NO
-
Specify in detail the cable programming services tier being complained about:
CPST-1
The complaints referred to Indicate the following Increase(s):
Current rate: J 19.69
Effective date of increase:
Prior rate: J 15.90
5/01/96 (month, day, year)
Were any channels added to or dropped from
the cable programming services tier
concurrent with the Increase In the rate?
YES
NO
Indicate the number of channels added: 0
o
Indicate the number of channels dropped:
- Jrg-
FCC FORM 329
) ~ -~3
April 1_
, j
Federal Communications Commission
Approved by OMB 3060-0549
CERTIFICATIONS:
By signing this form the local franchise authority certifies to the FCC that, to
the best of its knowledge and belief, the following is true and correct:
1) The local franchise authority has received subscriber complaints in accordance
with the Commission's rules regarding a rate increase to the cable programming
services tier(s) provided by the cable system within 90 days of the date of the
increase first appearing on the subscriber's cable bill.
2) Consistent with the requirements of this form, the cable system was provided a
draft copy of this form by certified mail and given a minimum of 30 days from that
date to give the local franchise authority a rate justification on the appropriate FCC
Form or, alternatively, a certification that it is not subject to rate regulation.
3) Consistent with the requirements of this form, this information provided by the
cable system is attached to and made a part of this filing by the local franchise
authority. If no such attachments are filed with this form, the franchise authority
certifies that the cable system operator failed to file the appropriate information with
the local franchise authority within the specified time period, and requests that the
FCC act upon the information as submitted.
4) In the event additional information relevant to the filing of this FCC Form 329 is
obtained by the local franchise authority prior to the Commission taking final action
thereon, the local franchise authority will immediately notify the Commission of such
additional information and provide the same to the Commission.
5) The local franchise authority has filed this complaint with the Commission
within 180 days of the date the rate increase became effective.
Date
Name
Signature
FCC NOTICE TO INDMDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT
The solicitation of personal information k1 this form is authorized by the Communications Ad of 1934, as amended. The
Commission win use the information provided in this form to determine the reasonableness of a cable company'. rates. In
reaching that determination, or for low enforcement purposes, k may become neoosslry to provide personlllnformation
contained in this form to Inother govemmentageney. All information provided in this form will be available for public Inspection,
subject to local requirements. IndiYiduats are not raquirld to respond to coUectionl of Information that do not contain a valid
Office of Management and Budget (OMB) control number.
Public reporting for this collection Is .stimated to average 45 minutes per tiling. Including the time for _leWing Instructions,
searching existing data .ourees, gathering and maintaining the data needed, and completing the collection of Information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for Nducing
the burden. to the Federol Communication. Commission. Records Management Branch. Washington, DC 20554. Do Q21..nd
completed forms to this oddre..
THE FORGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P.L. 93-579. DECEMBER 31, 1974. U.S.C.
552a(e)(3), AND THE PAPERWORK P.!:DUCTION ACT OF 1995, P.L. 104.13, MAY 22,1995.47 U.S.C. 3507
~.).j 7-
FCC FORM 32~
))~1
April 1996
INFORMATION MEMORANDUM
#/J.
October 1, 1996
FROM:
The Honorable Mayor and City Council ,ll~
John D. Goss, City Manage~ ~~ ~\
Gerald Young, Principal Management Assistanr
Item #12: Cox Communications Public Hearing: Continue until 10/15
TO:
VIA:
SUBJECT:
At the request of Cox Communications, tonight's rate hearing is being recommended for
continuance until Tuesday, October 15.
As confirmed in the attached letter, Cox has postponed their proposed October 1 changes in
equipment/installation rates and maximum permitted rates until a date uncertain, subject to
further 30 day notice to the City. The two week continuance will allow them to complete
their review of the City's draft FCC complaint and should not impact Council's discretion to
approve or deny any proposed rate changes.
If Council has any questions, City staff and a representative from Cox Communications will
be available at the meeting.
Attachment
c:coxinfo.101
OCT !;Ii '96 1!12:4SPM COX EXEC STR'T fRX 619a66-5555
P.2/2
51,. FodooJIIIoIMd
s.. Diogo, Cal.... 112'~
1&1812D-~1
October 1,1996
cox
CO..VIUCAT".'
Mr. 0craI4 Young
PriDci.pal MalIageJJ"""' A1II1yst
at}' ofClmJa VISta
276 Fourth AVCIIIle
C1uIa VISta, CA 91910
BE: AJeDda Item 12/Cox Com"'D1Jiulio...~,1I'CC F01'llll1235, lZ40 aad 1205
DeBrMr. YOung;
Cox CommnftiNotiom IIPPlcciates your willingness to recomrlV!lll1 a two-week C()1II'in"I"'c\!
of Ageuda Item 12. We will be submitting written '" ........nh pcrWuing to the city's dtaft
FCC Form 329 eomplaiDt within the pre&eribed 3()..(1ayreview period as provided by FCC
reguhstions. You can anticipate receiviDB those written comments DO lata' than October
10, 1996.
In a&.1ition, Cox ComrmmiNltinns will not be dIanging equipment m1 jmt"tlarinu raws on
October 1, ] 996 as was c;omnn..w...t...! 'to the ciJ:y in our FCC Form 1205 fiIiDg da1ed hme
28, 1996. In iICCOIdance with FCC regulations, we wiD. notify the city 3~ys in advam;c
ohllY regulated rate changes included in the FCC Forms 1205, 1235 m1124O.
If)'Ou have any questions of require Idditiona1 infol'Jllltion, please don't besitJlte to call
me at 266-5410.
WILLIAM FITZS1MMONS
Director ofFinaDu m1 AdmiDistration
CoxComuumications
-'",
I:'
COUNCIL AGENDA STATEMENT
Item /3
Meeting Date 10/1/96
ITEM TITLE:
Resolution / :513 '1 Waiving immaterial defects, accepting bids and
awarding contract for "Parking Lot Improvements for Eucalyptus Park in
the City ofChula Vista, CA (PR-2ll)".
SUBMITTED BY: Director of Public Works ~
Director of Parks & Recre!tf;n
REVffiWED BY, Cby M""""~ 't ~
This item was continued from the meeting of September 24, 1996 in order to respond to
questions from the Council related to staff costs and redo the Fiscal Impact statement.
(4/5ths Vote: Yes_NoX)
At 2:00 p.m. on September 4, 1996 in Conference Room 2 and 3, the Director of Public Works
received bids for "Parking Lot Improvements in Eucalyptus Park in the City of Chula Vista, CA
(PR-2ll)." The General scope of the project includes improving the parking lot adjacent to the
American Legion's building at Eucalyptus Park. The work includes, traffic control, removal of
alligatored pavement areas and replacement with asphalt concrete pavement, AC leveling courses,
P.C.C. pad for trash receptacle, P.C.C. drainage swale, asphalt concrete berm, drainage ditch,
splash wall, crushed aggregate base, and other miscellaneous items of work as shown on the
plans.
RECOMMENDATION: That Council:
1. Waive minor irregularity in low bid (lack of signing second sheet showing the list of
subcontractors) .
2. Accept bids and award contract to MJC Construction - Chula Vista in the amount of
$31,427.50.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City Council on February 6, 1996 approved a project to renovate the parking lot and restripe
the lot to maximize the parking for the American Legion and upper ball fields at Eucalyptus Park.
The existing parking lot has large areas of failure due to improper drainage and the parking
/~~~/
Page 2, Item_
Meeting Date 10/1/96
striping is not maximized for space available. This project will correct the deficiencies in the
parking lot, improve the drainage facilities and maximize the available parking in the area.
Bids were received from seven contractors to perform the work as follows:
Contractor
MJC Construction - Chula Vista
SRM Contracting and Paving - San Diego
Angus Asphalt, Inc. - Santee
Star Paving, Inc. - San Diego
American Asphalt & Concrete, Inc. -
Spring Valley
Frank and Son Paving, Inc. - Chula Vista
Performance Paving, Inc. - San Diego
Bid Amount
$31,427.50
$33,694.50
$41,198.10
$41,910.00
$43,980.70
$44,472.00
$49,480.00
The low bid by MJC Construction is below the Engineer's estimate of $37,410.00 by $5,982.50
or 16 %. Staff received excellent bids for the proposed work. The Engineer's estimate was based
on prices received on similar work in the last several years. Although this particular firm has not
performed construction work with the City of Chula Vista, the owner, while working with another
firm has performed satisfactory work while working for the City.
The staff costs (design & inspection) are estimated to total about $11,400 or about 36% of the
contract amount. This ratio between staff cost and construction cost is typical of projects of this
small size. It should be noted that this high ratio can be attributable to two major factors. The
first, is the fact that all projects, regardless of their size, require certain basic effort in bidding
(i.e. surveying, preparation of plans, specifications and awarding of the contract). Second, is the
fact that although the number of hours spent on a small project may be minimal, once the full cost
recovery factor is computed, the total tends to elevate the staff cost disproportionally (i.e. this
project, as of September 6, 1996 required 85 hours at a basic staff cost of $2033.80; but when the
FCR factor is computed, this amount becomes $5,383.32). It is also typical of projects of this
size for inspection staff costs to equal or exceed the design cost.
Prevailing Wage Statement
The source of funding for this project is Park Acquisition and Development Funds and
participating funds provided by the American Legion. No special minority or women-owned
business requirements were necessary as part of the bid documents. Disadvantaged businesses
were encouraged to bid through the sending of notice to contractors through various trade
publications.
/-'--5 -'~
Page 3, Item_
Meeting Date 10/1/96
Disclosure statement
Attached as Exhibit A is a Contractor's Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has determined that this project is categorically exempt
under Class 1, Section 15301 (b) of the California Environmental Quality Act (minor alternations
of existing public improvements or public structures).
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $31.427.50
B. Staff Costs (Staff and design) $11,400.00
C. Contingencies (approximately 10%) $ 3,172.50
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $46,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. American Legion Parking Lot Renovation (PR-211) $27,600.00
B. American Legion funds (PR-21I ) $18.400.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $46,000.00
MJC Construction inadvertently failed to sign the second sheet of their list of subcontractors in
the bid documents when submitted (See Exhibit B). This item was discussed with the City
Attorney's office and determined to be a minor irregularity. The lack of this completed
document, did not, however, provide an advantage to the low bidder. Therefore, staff
recommends waiving the minor irregularity.
FISCAL IMPACT: Implementation of this project will require the expenditure of about
$46,000. Sufficient funds to cover this expenditure were appropriated in the FY 96-97 Capital
Improvement Program budget. After completion, the improvements will minimize maintenance
costs by reducing erosion of an existing slope within the park area. However, this reduction in
maintenance cost is difficult to quantify since we don't have accurate records of maintenance
needs of that slope.
J3/~3
Attachments:
Exhibit A -
Exhibit B -
M;\HOME\ENGINEER\AGENDA\MJC .8LH
Page 4, Item_
Meeting Date 10/1/96
City of Chula Vista Disclosure Statement
Letter of explanation from contractor
/3-1
RESOLUTION NO. / ~1j..J 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING IMMATERIAL DEFECTS,
ACCEPTING BIDS AND AWARDING CONTRACT FOR
"PARKING LOT IMPROVEMENTS FOR EUCALYPTUS PARK
IN THE CITY OF CHULA VISTA, CA. (PR-211)"
WHEREAS, at 2:00 p.m. on September 4, 1996 in Conference
Room 2 and 3, the Director of Public Works received the following
seven bids for "Parking Lot Improvements in Eucalyptus Park in the
City of Chula vista, CA (PR-211)."
Contractor
Bid Amount
MJC Construction - Chula vista
SRM contracting and paving - San Diego
Angus Asphalt, Inc. - Santee
Star Paving, Inc. - San Diego
American Asphalt & concrete, Inc. -
Spring Valley
Frank and Son Paving, Inc. - Chula vista
Performance Paving, Inc. - San Diego
$31,427.50
$33,694.50
$41,198.10
$41,910.00
$43,980.70
$44,472.00
$49,480.00
WHEREAS, the low bid by MJC Construction is below the
Engineer's estimate of $37,410.00 by $5,982.50 or 16% and staff
recommends awarding the contract to MJC Construction; and
WHEREAS, MJC Construction inadvertently failed to sign
the second sheet of their list of subcontractors in the bid
documents when submitted; and
WHEREAS, the city Attorney's office determined it to be
a minor irregularity which did not provide an advantage to the low
bidder and staff recommends waiving the minor irregularity; and
.
WHEREAS, the source of funding for this project is Park
Acquisition and Development Funds and participating funds provided
by the American Legion and no special minority or women-owned
business requirements were necessary as part of the bid documents;
although disadvantaged businesses were encouraged to bid through
the sending of notice to contractors through various trade
publications; and
WHEREAS, the Environmental Review Coordinator has
determined that this project is categorically exempt under Class 1,
Section 15301 (b) of the California Environmental Quality Act
1
/'
/3-~
(minor alternations of existing public improvements or public
structures).
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby waive minor irregularity in low bid
(lack of signing second sheet showing the list of subcontractors) .
BE IT FURTHER RESOLVED that the City Council does hereby
accept the seven bids and awards the contract to MJC Construction -
Chula vista in the amount of $31,427.50 for "Parking Lot
Improvements for Eucalyptus Park in the city of Chula vista".
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula Vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
Cc-.- VJ ~
Ann Y. Moore, Acting City
Attorney
John P. Lippitt, Director of
Public Works
C:\rs\.jc.bid
2
Is -/
4.
s.
6.
~lflt3', f1
--~.
- 'I1D cn'Y or CIIVL\ VISTA DISCLORJa& STATDIEHT
You lie ftq\Jired 10 file. $..- of DiIcIooare of cenaia G"_&ip.. ,,_-'''' r po.
on ~ maaen wbich will require cliJcreUoaary acUDD DD die put of die CItJ COaao:iI ;-...i c " ~ _:...... r:. ~ ---.......
bodies. 1be fOUowiq iDfomwion IIIUIt be dbcloeecl: ' _ _ _ _
1.
List !be DaIlIes of ~ persous baviu8 . fi"""";1I1 iIIIereIC in !be JIR\-" wbJcb is !be subject of !be W"
e.,., 0_, ~, Ccmtnctor, 1IIbcoat."'-Iw, DWeria1sapplier.
.:TAVIFR. ::)1 NE~F2..
....
L...or"~
2.
If lIlY penon- identified pumJaIIt to (I) above is a corporation or partDmhip, list !be DaIlIes of all individuals DWDiDa IIIOIe
than 10" of !be shares in !be corporation or DWIIiD& any partDmhip interest in !be putDersbip.
3.
If any person- idemified pumJaIIt to (1) above is IIOn-protit 01'l"munon or a trust, list !be DaIlIes of any penon SCIViJJB IS
diRctor of !be IIOn-protit organization or IS trustee or beneficiary or trustor of !be trust.
Have you bad more than $2S0 worth of business transacted with any, member of !be City staff, Boards, ('nmmimoDS,
Cnmmittees, and Council within !be put twelve month? Yes _ No)( If yes, pleue indicate person(s):
Pleue identify each and every person. including lIlY ageDts, employees, consultants, or iDdepeDdeut CoDlrlctors who you
have assigned to represent you before !be City in this matter.
:::r A \J I&J<, :1lMENE L
Have you and/or your officers or ageDts, in !be aggregate, CODtributed more than $1,000 to a Council m_~ in !be curreat
or ~i.., election period? Yes _ No ~ If yes, state which Council m_hers(s):
. ... (NOTE: .ttt..."-cJ add1t1ona1 JIII&'II . -..,.) . . .
Date:-9-.3-q~ '~IO()/\ ....)~
S' of CouInctor/Applic.ont -
:iA\lIf:Q) ..il HF klF"Z--
J_:? -? Print or typnsme of Contnctor/App1icant
- l!mJm. is dll,/fned as: "Any individ1uJl, firm, co-ptl1'tIIer$hip, joint VDIt/u'e, associadon, social club, fratemol organiQJtion,
corporation, urate, trJIst, r<<dver, syndictlU, this and any other county, city or country, city municipality, di.rtrlct, or other political
SllbdMsi01l, or any other group or combination acting as a unit.
{;;<t"13IT S
"ECEIVEJ
liy 0'" C.HUl~ VISTA
ENr.I'-=::::RIIIG DEPT
96 SEP 10 PH 3: 29
CONSTRUCTION
September 10,1996
CITY OF CHULA VISTA
ENGINEERING DEPT.
ATT. SHALE HANSON
PROJECT:
Parking Lot Improvement Eucalyptus Park
In regards to the second page of the above mentioned contract,
that 1 did not sign. The reason being an overlook on my behalf.
I did read the contract in full, and simply thought that I had
already signed it. I apoligize for any inconvinience.
"..:-
Sincerely,
Javier Jlm~nez-owner
/3 ~ fS'
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/01/96
/tb
Report Proposal to Relocate the Palm Springs Suns Baseball Club to
Chula Vista
SUBMITTED BY: Community Development Director (. S '
REVIEWED BY: City Manage& (4/5ths Vote: Yes_ NolL)
BACKGROUND: Early in September, City staff was contacted by the owners of the Palm Springs
Suns, Minor League Baseball Club, concerning the tearns possible relocation to Chula Vista, The
owners are most interested in relocating to this area because of the weather, proximity of other
clubs in California, and proximity to Mexico which could be a beneficial market area (see letter,
Exhibit A).
ITEM TITLE:
City staff met with the owners of the Club and toured potential sites in the City. This report
provides the Council with the current status of discussions with the owners and the potential
impacts to the City in hosting a professional minor league baseball team.
RECOMMENDATION: That Council accept the report and direct staff as to Council's interest in
further considering relocation of the baseball club to Chula Vista, including the financing of a
stadium.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The owners of the Palm Springs Suns are willing to move their Western Baseball League franchise
to Chula Vista provided that the City, Port District, or other entity construct a 4000 seat stadium
for the 1998-1999 baseball season. A site of approximately 10 acres is required to accommodate
the stadium and ample parking.
The owners toured possible sites in the City with staff and have currently determined that two
sites would adequately meet their needs; a site on Port District property on the Bayfront at the
intersection of G Street and Sandpiper Way, and a privately owned site adjacent to the proposed
Water Park on the Otay Rio Business Park. There are other potential locations that will be
analyzed in the near future.
The cost of developing the stadium will be approximately $3.5 million and must include ample
parking, a public address system, concession areas, scoreboard and meet ADA requirements in
accordance with league standards.
Under one scenario, construction of the stadium could be financed through the issuance of
municipal bonds which would require payments of approximately $350,000 a year to retire the
bonds over twenty years. The Sun's have indicated that they would enter into a five year lease
with an additional five year option for the facility.
)~b~/
1/
Page 2, Item Ji: h
Meeting Date 1 % 1/96
Revenues to cover debt service land maintenance would come from the following sources:
EVENTS SOURCE ATTENDANCE # OF CARS $ PER CAR $ PER EVENT
45 WBL games 2000 - 2.2 = 910 x 2.00 $1,820.00
100 Pro soccer
Winter baseball 2000 - 2.2 = 910 x 2.00 1,820.00
12 Football 3000 - 2.2 = 1364 x 2.00 2,728.00
5 Miscellaneous -
(concerts, fireworks) 4000 - 2.2 = 1818 x 2.00 3,636.00
163 TOTAL EVENTS YEARLY TOTAL PROJECTED REVENUE $314,816.00
'Additional sales tax revenue projected from yearly souvenir sales = $26,800.00
This revenue projection may be optimistic, assuming additional usage by professional sports teams
which mayor may not exist locally as viable entities, and concerts which may be problematic to
produce due to noise impacts across the bay and upon local neighborhoods. This projection also
assumes that the stadium will be in use almost every other night. This would require management
and maintenance responsibility, and costs - most of which will be attributable to the owner of the
stadium. Since most of the events will be in the evening, another major consideration will be the
cost of lighting the facility. Finally, the ownership of the stadium will be responsible for liability,
repair, replacement and debt service for the duration of the bonds.
The Suns proposal includes a lease term of five years with an additional option period which will
depend upon their success in the San DiegolTijuana market areas. Obviously, staff needs to
analyze and investigate further the experience of other stadiums and their jurisdictions to fully
appreciate the advantages such a facility would bring to our community.
Benefits to the Community
The community stands to benefit from the proposal due to the availability of a multi-functional
facility, the extensive marketing efforts proposed by the Suns organization and the interface with
local businesses and service organizations. If the team is successful, it may become a source of
community pride, sponsor of local youth activities, and a component of a broader economic
development effort.
A multi-use stadium facility will likely be available for use by local schools, youth organizations and
service clubs on a fee or gratis basis when professional sports events are not scheduled. The
facility may also be used for public presentations, events and concerts.
Extensive marketing and tie-ins with local businesses including advertising, food service,
maintenance, construction and sports related retail will have a positive economic impact if the team
is successful. As a major draw of spectators, the stadium should also have a positive impact upon
neighboring commercial land uses at both locations cited above. While the facility itself may not be
profitable, its overall impact on the community may be very positive.
J~ ~ -2
Page 3. Item /tc))
Meeting Date 10/01/96
The proposal to relocate the Suns to Chula Vista warrants further exploration in consideration of the
benefits which mav accrue to the City if the franchise is successful. However, if the City is to
participate in developing the stadium, there are substantial financial obligations and risks which must
be carefully analyzed. This will, most likely, require the hiring of expert consultants to assist City
staff.
Recent newspaper articles about the experience of Lake Elsinore in developing a stadium have
highlighted the worst case scenario of local sponsorship. Other venues such as Rancho
Cucamonga have shown these facilities to be of great community worth, both economically and as
a source of local pride and identity.
FISCAL IMPACT: The cost to the City in further exploring this proposal will include staff time and
consultant costs to assist in developing a financial feasibility study. The latter is estimated to cost
$15,000.
If the City wishes to sponsor development of a stadium through the issuance of municipal bonds,
there could be financial obligation and risk involved in the operation and maintenance of the facility,
as well as the guarantee of debt service payments estimated at $350,000/year (some, or all of
which would be offset by revenues).
(fk) M:\HOME\COMMDEV\STAFF.REP\10-08-96\sunsbaI1.113 (September 26, 1996 (3:23pm))
./ j. h
'/
~)
619-323-7867 (SUNS)
FAX 619-323-8649
1901 E. Baristo Rd.,
Palm Springs, CA 92262
Members of the Western Baseball League
September 12, 1996
\' '--'--C(-)~;t/:l:;:llY(~l~~~; k'L,;i
[\~T~PTI'r~J1
"""'~~
SEP I 6 1996 \
I --'
I
i
!
Mr. Kevin Towers, General Manager
San Diego Padres
P. O. Box 2000
San Diego, California 92112
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Dear Kevin:
The Suns are seriously considering a move to Chula Vista after weeks of very positive
discussions with ci1;y officials. We will have a stadium built for us on one of two sites in Chula Vista,
with a temporary location on the same site. Jimmy Lee Soloman from the Commissioner's office
reiterated that we do not need approval to move since our league is not a member of the National
Association, and that we should deal directly with the Padres on public relations pertaining to the
two teams coexistence. It is our intention to be proactive with the Commissioner's office and the
Padres to promote baseball in San Deigo.
Our decision is primarily based on the wide range of opportunities close to the border for
the franchise to offer baseball to lower to middle income families, many of whom are not in a
position to consider Major League baseball an option for their entire family. We have been assured
by the Western League office that, upon receipt of the Padres 1997 schedule, our home games will
be carefully planned around the Padres home schedule. Our intent is not to threaten, but to
enhance, awareness and love for the sport. We believe that there is something almost magical
about the way baseball can take us out of ourselves for a time and separate us from our worries and
cares. This philosophy can only benefit all of baseball. We provide the introduction to the sport
and build fans through our "family entertainment" approach both on and off the field. Independent
minor league baseball appeals to a different market, a market that must be groomed to take the
next step up.
We share the philosophy with many young, successful athletes who are motivated by a
desire to be the best they can be rather than simply better than anyone else. We view the
competitor not as an adversary or an enemy to be defeated at all costs, but as a partner sharing a
goal, a catalyst that prompts both of them to do their very best.
The Suns will bring many positives to the South Bay area that will enhance the growth of
professional baseball in the area. Freedom of movement between Mexico and the U.S. presents a
wonderful opportuni1;y for many to enjoy baseball who may otherwise be excluded. We believe that
the opportuni1;y to enjoy professional sports should be shared by everyone.
Our intent is to form a cooperative relationship that would be based on the following:
I. Cultivate fans
A. Many fans have turned to independent baseball to keep their best memories alive. The
Suns can help cultivate these fans, many of whom were affected by the Major League Baseball strike,
to become open to Major League Baseball again through a cooperative marketing and public
relations project.
B. People who are not baseball fans many times will go to independent minor league games
for the fun and entertainment. Many, especially the younger ones, become baseball fans.
C. A non-competitive schedule would help satisfY baseball appetites while Padres are on
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the road. The Suns will work with the WBL to develop their schedule around the Padres
schedule.
D. Me><ican fans who can now ride the trolley to Chula Vista to enjoy baseball in 1997 will
be able to ride the trolley eKtension in 1998 to Jack Murphy Stadium. The Suns are now
forming an alliance with cloud 9 Shuttle and San Diego Transit to shuttle fans from the
Trolley stations to the games with the theme "Take the Trolley to the Ballgame".
II. Cultivate players
A. Several alumni of DiCarlo teams who have played in the major leagues include Ariel
Prieto, Darnell Coles, Jeff Conine, Greg Colbrun, Troy Percival, Todd Burns, Mike Warren,
John DeSilva, and chuck Carr. other notables include Euclides Rojas, Tom Benedickt, Rod
Poissant, and Denny Schaeffer.
B. Independent minor league baseball, from its rebirth in 1993 has, according to Howe
Sports Data, placed well over 100 players in major league organizations. It can also serve as
an opportunity for recently released major leaguers to eKtend their careers and be resigned.
A case in point is Darryl Strawberry who the Suns worked very hard to sign in 1996, and
who eventually signed with the St. Paul Saints, and then at mid-season with the Yankees.
C. Suns have signed players with the A's, the Angels, Boston, Florida, and the Dodgers since
their inception in 1994.
D. With the talent available in the San Diego area the Suns could be very helpful in
developing local talent that could eventually be signed by the Padres.
E. The Suns have been involved for over a year in negotiations with the Pacific Coast
Me><ican Winter League to finally bring a team to the United States. This would allow the
Padres to view the entire Me><ican talent pool as its visiting teams come to Chula Vista. It
would also allow a Winter location close to home to develop talent in the Winter league. We
are interested in cooperating with the Padres in this area as well.
III. Successful history of minor league teams close to major league teams:
A. The Seattle Mariners have both Tacoma (AAA) and Everett (Short A).
B. The phillies have Scranton (AAA) and Redding (M)
C. Boston has Pawtuckett (AAA) and Lowell, Massachusetts (Short A).
D. Many major league teams have one or more teams not affiliated with their organizations
close to them, including the Long Beach Riptide of the Western League and the St Paul
Saints of the Northern League.
Prejudice and discrimination are reversible because both come from fear. Our intent is to
sidestep negatives and get down to being good neighbors and working together toward the
betterment of the game and the organizations. It is our feeling that we know our craft, we
communicate clearly, and we have open minds.
I look forward to meeting with you soon to discuss our move to Chula Vista and other issues
of interest. We intend to be proactive with the Commissioners office and the Padres.
Sincerely,
~IZL'~
Don DiCarlo
President
cc: John Moores, Padres principal owner
Larry Lucchino, Padres President
Priscilla Oppenheimer, Padres Director of Minor Leagues
John Goss, Chula Vista City Manager
Chris Salamone, Chula Vista Economic Development
Scott Alevy, Chula Vista City Council
David Baron, Attorney at Law
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Members of fhe Western Baseball League
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SEP-19-1996 13:22
PALM SPRINGS SUNS B-BALL
619 323 8649 P.02
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September 19, 1996
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John D. GOBS, City Manager .
City of Chula Vista... . ..'"'.......... ..,,,,--
276 Fourth Avenue "1" 'pO"'",,: " ".'
Chula Vist., C.lifo~nia' 91910
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Deer Mr. GOBS:
This letter o~ intent sets forth ~he basic terms and
, ' .
conditions under wbi~h the Palm springs Suns will move its
Wester~ Baseball League franchise to the City of Chula Vista.
This letter confirms some basic understandings between the
parties and contemplates more formal negotiations, which will
ultimately culminate in a for~l writ~en agreement and, most
likely, a DCA.
This letter will confirm that the Palm SprinQs Suns are
willing to move their team from the Palm Springs area to Chula
Vista provided a 4,OOO-seat .tadium is built and ready for
occupancy by the beginning of the 1998-99 seaton. It i&
understood that the ~ost of the facility will be approximately
$3.~ Million and will have a capacity of 4,000 seats with
sufficient parking to accommodate the tea~'s patrons. The
facility shall include certain specified improvement. and sdhere
to prOVided specifications for a public address system,
scorobo.rd, concession facilities and adherence to all ADA
handicap regulations. The parties have tentatively aqreed on the
possibility of two sites, one near Dtai Ranch, which facility is
near the ~nited States Olympic Training Facility and will be
built in conjunction with a proposed 20,OOO-seat MCA amphitheater
and Roqinq Waters complex.
The other site. is identified as the eOrt Authority Ipcation.
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SEP-19-1996 13:22
PALM SPR I NGS SUNS B-BALL
619 323 8649 P.03
John D. Goss, City Manag@r
City Of Chula Vista
September 19, 1996
Page 2
The Palm Spring~ suns have agreed and will use Chula Vista
in the name ot the team. The team will siqn a long-term leaee in
the new facility pro~ided it is built to our specification8 a8
generally referenced 8bove. The team will use its best efforts
to become involved in bringing the first ~erican fraRchise of
the Mexican Leaque to the United States in the City of Chu1a
Vista for winter league play. The team would also be prepared to
give the City, for at least the first year of operation. 50
tickets pet game for marketing and promotional purposes for the
City. .m' ,..:... ~,..,....'._.. . ....-.
The t..m will"'6bt~litj;pp:g'.ij.~l f6i: the lI\o~e fr.",(:'th~:itg~fe.rn
Baseball Leaque and will commit to play a minimum of 45 regular
season game., plus winter lea~e and oth.~ special even~s as can
be scheduled.
The team would a1ao like to have the right to use the
parking lot and field adjacent to the stadium for other community
event~ such as community baseball C~Ps' 3-on-J basketball,
volleyball, roller hockey. softball, soccer and championship
regional high school football tournaments, as a community
service.
This letter of intent is not intended to bind either side,
but eeta forth t.I.. colAllli. tment of the Palm sprinqsSuns w1~h
respect to the establishment of a Western ~asebal~ League
frlltlchise in Chula V.ista, CalifoJ:nla. ..
~ery truly yours,
DL5:wda
c: Mr. Donald A. DiCarlo
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