HomeMy WebLinkAboutAgenda Packet 1994/10/25
Tuesday, October 25, 1994
6:00 p.m.
"I declare under penalty 01 perJury that 1 ari!
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
the Public S}rviclJS Building and at Cit~ Hall on
DATED, /tJ ..2.//~0>IGNEDc:./ ~ l,
/ J
Rel!Ular Meetin~ of the Citv of Chula Vista Citv Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councihnembers Fox _, Horton _' Moore _' Rindone _, and
Mayor Nader _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
August 10, 1994 (Joint Council/Governing Board of Soutbwestern
Community College District), October II, 1994 (Council), October 11,
1994 (Joint Council/Agency), October 18, 1994 (Council), and October
18, 1994 (Joint Council/Agency).
4. SPECIAL ORDERS OF THE DAY:
a. Report on KidzBiz Teen Club by Kathy Lembo, representing South Bay Community Services.
b. Legislative Update - U.S. Congressman Bob Filner.
c. Introduction of the Feaster Art Club by Dency Souval, Cultural Arts Commissioner, in recognition
of "National Arts & Humanities Month" .
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to atljoum 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
(ltems 5 through 8)
The sttiffrecommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" 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.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating there were no reportable actions taken from the Closed
Session of 10/18/94. It is recommended that the letter be received and filed.
b. Letter regarding administrative policy on use of sewer funds - Joseph W. Garcia, The People's
Lobby, 484 Fifth Avenue, Chula Vista, CA 91910. The City Attorney is preparing an opinion,
which will be distributed to Council Tuesday night.
Agenda
-2-
October 25, 1994
c. Letter describing the benefits of the initiative, California Health Security Act (CHSA), and
encouraging the City to adopt resolutions formally supporting Proposition 186 - Californians
for Health Security, 5208 Claremont Ave., Oakland, CA 94618. It is recommended that Council
receive and file this request.
d. Letter of resignation from the Cultural Arts Commission - Oscar Arias, 44 East Rienstra SI.,
Chula Vista, CA 91911. 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
6. RESOLUTION 17690 WAlVING THE BIDDlNG PROCESS AND APPROVlNG THE
PURCHASE OF FOUR 3M SELF-CHECK WORKSTATIONS - The Fiscal
Year 1994/95 Capital Improvement Project budget contains funds allocated for
the purchase of four self check workstations. As 3M is the only manufacturer
to supply a workstation that interfaces with the Library's INLEX automated
circulation system, the Library seeks to waive the bidding process and purchase
four units. Staff recommends approval of the resolution. (Library Director)
7. RESOLUTION 17691 APPROVING A GRANT APPLICATION IN THE AMOUNT OF $200,000
TO THE TOBACCO CONTROL SECTION, CALIFORNIA
DEPARTMENT OF HEALTH SERVICES - The grant proposal developed by
the Parks & Recreation Department, on behalf of the Chula Vista Youth
Coalition, requests $200,000 over a 24 month period (1/1/95 - 12/31/96). Grant
funding will be used to hire a part-time project coordinator through the Parks
& Recreation Department, as well as augment the youth newspaper project
sponsored by the City and South Bay Community Services' KidzBiz Program,
the Youth ACTION Program, and other programs serving Chula Vista youth.
Staff recommends approval of the resolution. (Director of Parks and
Recreation)
8. RESOLUTION 17692 AMENDlNG SCHEDULE VI, SECTION 10.52.340 OF THE MUNICIPAL
CODE RELATlNG TO PARKING TIME LIMITED ON CERTAlN
STREETS; SHASTA STREET FROM DEL MAR A VENUE TO TWlN
OAKS A VENUE, A PORTION OF THE 500 BLOCK OF DEL MAR
A VENUE, A PORTION OF THE 200 BLOCK OF WHITNEY A VENUE -
Pursuant to the provisions of Section 10.52.230 of the Municipal Code, the City
Engineer has determined that in the interest of minimizing traffic hazards and
traffic congestion, and for the promotion of public safety, a resolution
establishing a two-hour time limited parking restriction be established in the 500
block of Del Mar Avenue, the 200 block of Shasta Street and Whitney Avenue.
Staff recommends approval of the resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARlNGS AND RELATED RESOLUTIONS AND ORDlNANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, pkase fill out the "Request to Speak Form" available in the lobby and submit it to the City
Ckrk 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.
9.
PUBLIC HEARlNG
BILLlNG RESIDENTIAL SEWER CHARGES ON THE COUNTY
PROPERTY TAX BILL AND NON-RESIDENTIAL SEWER CHARGES
IN-HOUSE STARTlNG JULY 1,1995 - Otay Water District and Sweetwater
Authority notified the City that they wished to terminate the agreements to
provide joint water/sewer billing effective 7/1/93. The City was successful in
postponing the separation of billing for three years and in return for Sweetwater
Agenda
-3-
October 25, 1994
Authority agreeing to extend the deadline to 7/1/95; the City agreed in writing
to meet the deadline. Both water districts have expressed to the City that the
1995 date is firm. in June 1994, Council directed staff to proceed with plans
to transfer sewer billing from Sweetwater Authority and Otay Water District to
the County tax rolls for residential customers and to in-house billing for business
customers effective 7/1/95. Staff recommends approval of the resolution.
(Director of Public Works, Director of Finance and Director of Management &
information Services)
RESOLUTION 17693 DECLARING THE CITY'S INTENTION TO TRANSFER SEWER
CHARGES FROM THE SWEETWATER AUTHORITY AND OTAY
WATER DISTRICT BILLS EFFECTIVE JULY 1, 1995, AND DIRECTING
STAFF TO PROCEED WITH TIlE STEPS NECESSARY TO BILL
RESIDENTIAL SEWER AND STORM DRAIN CHARGES ON TIlE
COUNTY PROPERTY TAX BILL AND NON-RESIDENTIAL AND
MOBILE HOME PARK CHARGES IN-HOUSE
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject mailer within the
Council'sjurisdiction that is m1l 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 alternative. Those who wish to speak, please
fiU 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.
IO.A.
RESOLUTION 17694
APPROVING AMENDMENT TO AGREEMENT NUMBER 94-04772V
AND APPROVING AGREEMENT NUMBER 94-05798V WITH THE
REGENTS OF THE UNIVERSITY OF CALIFORNIA, DAVIS FOR
GRANTING FUNDS FOR THE CHULA VISTA TELECENTER TO THE
ENERGY CONSERVATION FUND FOR DEVELOPMENT OF A
SECOND TELECENTER, AND AMEND, APPROPRIATE AND
APPROVE BUDGETS AS IN TABLE ONE; AND AMEND THE FISCAL
YEAR 1994/95 BUDGET TO INCLUDE A TEMPORARY EXPERT
PROFESSIONAL 1.0 FULL TIME EQUIVALENT - As part of Phase II of
the Telecenter Project, staff is bringing forth a package of items for approval.
These items include: approving and accepting a budget of $48,000 from the
Regents of the University of California, Davis, and establishing the Telecenter
Technology Director position; approving partial use of the Otay Ranch office;
and approving the lease agreement for the downtown Telecenter site. Staff
recommends approval of the resolutions. (Administration) 4/5th's vote
required.
Agenda
-4-
October 25, 1994
B. RESOLUTION 17695 APPROVING PARTIAL USE OF THE OTAY RANCH OFFICE FOR A
PERIOD NOT TO EXCEED THREE MONTHS AS A TEMPORARY
TELECENTER LOCATION WHILE THE DOWNTOWN TELECENTER
IS READY FOR OCCUPANCY, PLANNED FOR DECEMBER 15, 1994
C. RESOLUTION 17696 APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A ONE
YEAR LEASE AGREEMENT WITH TWO ONE-YEAR EXTENSIONS
WITH DR. JORGE V ALERDI FOR THE DOWNTOWN CHULA VISTA
TELECENTER AT 311 "F" STREET
11. RESOLUTION 17697 CONCEPTUALLY APPROVING THE DONATION OF LAND FOR THE
BUILDING OF A VETERANS HOME FACILITY AT THE HOSPITAL
SCHOOL SITE LOCATION PROVIDED THAT THE SITE IS SELECTED
FOR DEVELOPMENT BY THE STATE OF CALIFORNIA, AND
RECOGNIZING THE NATURE OF THE FACILITY WARRANTS
RELIEF FROM CERTAIN DEVELOPMENT FEES - The Governor's Task
Force on a Southern California Veterans Home has identified Chula Vista as a
priority site for the development of a 400-bed Veterans Home facility. The
report and resolution outlines the City's proposal which involves the donation
of land and the waiver of certain development fees in order t" assure that the
proposal will be selected. Staff recommends approval of the resolution.
(Director of Community Development)
12. REPORT AGREEMENT WITH METRO YMCA FOR MATCHING PLEDGE
CONTRffiUTIONS TO AQUATIC FACILITY - The San Diego County
YMCA desires a full service YMCA facility in the South Bay. They are
engaging a fund raising drive, and they have asked for a $500,000 contribution
from the City which will be matched by an equal amount from the YMCA
Director's Fund in addition to the results of other fund raising efforts. They
need about $2.9 million for Phase 1. The agreement proposes to give the
YMCA such financing on specified terms and conditions. Staff recommends
approval of the resolution. (Director of Parks and Recreation)
13. REPORT TROLLEY STATION DONATION CENTERS - MTDB is proposing that
Goodwill Industries be allowed to locate an attended donation container at the
"R" Street and Palomar Trolley Stations for a period of one year. Staff will
process the request through the Zoning Administration design review procedure
and work with MTDB staff to find a long-term design solution. Staff
recommends Council accept the report. (Director of Planning)
14. REPORT UPDATE ON SOLID WASTE DiSPOSAL ISSUES - An oral report will be
given by staff.
15. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff.
Agenda
-5-
October 25. 1994
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council wlU 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 Councllmembers.
Public comments are limited to flve minutes per Individual.
OTHER BUSINESS
16. CITY MANAGER'S REPORTISl
a. Scheduling of meetings.
17. MAYOR'S REPORTlSl
a. Amicus letter to u.S. Supreme Court on right of State to limit welfare benefits of new residents -
direction to City Attorney
18. COUNCIL COMMENTS
Councilmember Horton
a. Authorization to begin advertising to fill City Council seat to be vacated by Mayor-Elect Horton.
Agenda
-6-
October 25, 1994
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of JilJJJl action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of JilJJJl action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
19. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. City of Chula Vista vs. the County of San Diego and Aptec.
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1.
. Settlement of City/Agency claim against Shinohara Insurance Company for landscaping
contract.
. City of Chula Vista vs. the County of San Diego (Daley Rock Quarry) regarding
approval of a major use permit.
. City of Chula Vista vs. Solid Waste Management JPA (differential rate structure and
transfer station legal issues).
. Metro Sewer Adjustment Billing.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957
. Title: City Attorney
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA), Western Council
of Engineers (WCE), and International Association of Fire Fighters (lAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
20. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on November I,
1994 at 4:00 p.m. in the City Council Chambers.
October 20, 1994
TO:
The Honorable Mayor and City Council
~
FROM:
~ I
John D Goss, City Manager I -
I
, ,
'/
SUBJECT:
City Council Meeting of October 2S, 1994
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, October 2S, 1994. Comments regarding the Written Communications are as
follows:
Sa. This is a letter from the City Attorney stating that there were no reportable actions
taken at the closed session of October 18, 1994 IT IS RECOMMENDED THAT
THIS LElTER BE RECEIVED AND FILED
Sb. This is a letter from Joseph Garcia regarding the City's policy on the use of sewer
funds. THE CITY ATTORNEY IS PREPARING AN OPINION, WHICH WILL
BE DISTRIBUTED TO COUNCIL TUESDA Y NIGHT
Sc. This is a letter from Californians for Health Security encouraging the City to adopt
a resolution formally supporting Proposition 186. This measure would impose an
8.9% payroll tax and 2.5% income tax on the City of Chula Vista and its employees
and similar taxes on all private employers. Although these new state taxes are
intended to replace current spending on health care, their impact would exceed what
the City is currently spending (by more than $SOO,OOO) and take away local
bargaining power and employee choice among various levels of care and health
insurance providers.
The State Legislative Analyst's assessment is that this measure would probably result
in short term economic instability as employers cut payroll and employment or
relocate. In the longer term, the overall effects on the state's economy are
"uncertain, but probably not major." If the state is unable to keep costs from
increasing, this measure would require an increase in the health tax rates or possible
limits on health benefits. Although health care reform remains a laudable goal, this
measure and its establishment of a state health care commissioner does not
guarantee positive reform and economic growth.
IT IS RECOMMENDED THAT THE CITY COUNCIL RECEIVE AND FILE
THIS REQUEST.
5d. IT IS RECOMMENDED THAT OSCAR ARIAS' LETTER OF RESIGNATION
FROM THE CULTURAL ARTS 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
PUBLIC LIBRARY.
JDG:mab
~Vt-
~
~~~~
""-~~~
CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
October 20, 1994
To:
The Honorable Mayor and City Coun~i~
Bruce M. Boogaard, City Attorney~
Report Regarding Actions Taken in Closed Session
for the Meeting of 10/18/94
From:
Re:
The city Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session in which the city
Attorney participated, that there were no actions taken in the
Closed Session of 10/18/94 which are required under the Brown Act
to be reported.
BMB:lgk
C:\lt\closses8.927
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) WI-5037
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OCT 5, 1994
Tim Nadell., MD4J()II, 0&- CIwt4 Vv..ta
276 FOUIltA Auenue
CIwt4 Vv..ta, Ca 91910
MD4J()II, NadeIt.:
DeliwIuI4 I.y Hana
~ 5, 1994
TIti4 ~ in ~ to an ~ po\I.Ietic-e wIricA ~ CIMeIIUg
~ I.y /lout. C<<g CounoU, C<<g MtJnDgM, DeptWment He4lk.
ana the FWInce 00&ec.t0\ ~ the city.
The ~ ~ coUecWl I.y the city ~ cIIId4 ~ Ir\Om it'!> We
PGl/0\!>, ~ ~ e4\ III4'\ke4 ~ !IeU1M ~Jqt'ld WO\/t P'Wie.cl4,
<>ince it ~ II capfi.ue ~
SewM ~ GIle I.eing U6ed I.y city ~, G!> II BANK, Ir\Om
whicA to ~ monie4 ~ the ~ ~ II ~in
Wdgete4 ~ ~ the ~ ~.
T Mt tMI..e ~ GIle poi.tI. I.acIJ witJt. t:nte..\e6t, muM; not M II mi.UgGtion.
~, in continuing thi.!I p\QCti.ce.
The #,oUowing ~ an ~ ~ -\eCeIIt ~ed #,un4 ~ ana
UuWI. P'Wiecte4 ~.
$50,000.00 to BuiJ.ding ana HOU4fng, ~ II Pellmit T'l./Jddng
Sy.Mem, IIl4de in (,iooGl 1991-92.
$50,000.00 to ~ the city'!> telephone ~, IIl4de in
(,iooGl 1992-93.
$420.000.00 to II Capi.tpot P'l.Oject FlIlItl, ~ widening Otau
VaUey Road, IIl4de lIlItl0\ R~ #16706 ~ date JCJnUOII4I
30. 1992.
$1,161.000.00 wG!> app\OI)ed lIlItl0\ tMt. \\aIIIe R~
, #16706. t.IIouqh. the ~ IIl4/I ()II, IIl4/I not #uwe ta.V.n
~~. 8~ti.~ (I/-') ~ G!>/let.
~ The \\um total ~ the ~ C<<g CounoU ana StaM. actio" ~, tMt. the
~ ~ . ~ <.L ~ &ee4 GIle IIlA.ICA too hi4h. ~ the intended ~ ~ opeMting the
~ I,. '\.. ~ IIIGintenaIIce ana i.rnp\ouement P'Wie.cl4. 56 41'1
~ "'~ . I .' .. .. , s ~/v/"r;/", htr
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cant'd. (2)
Thi4 then. ~ the C<<.u ~ CJaui.a. ViMa ~ FUIi>, on 0. pao\ wit.A 0.
T aa:. and ~ wIMcA T aa: WOI.Ila Nwe ~ the app'IOQ<U ~ the
l10teM ~ tIN4 COIIIIIIUIIi.ty, wIMcA Wa6 not done.
Thi4 mtJt.te.\ ~ heMAn. MougItt to the attention ~ the C<<.u CounoU and
Stt4&. thDt the ~ WluU cea6e. pending 0. ~ ~
~ the C<<.u AttcMeg, 0" the valUlitu ~ the city U6ing ~ ~
a6 0. BANK ~ city 0peMticm6.
T hot \\eWM ~ WluU ~ ~led I.ack to conlloW with tIw1iII. inte.nd.e4
~. 1./1 thDt ~~.
Bowlweti monie6 WluU ~ ~ and ~ to the ~ ~,
at the ~ ~ diJte. Su\pW~ \\eWM ~ WluU ~ WW\ned
to the -\ate JIGII~ #,-\om whom c.oUecte4. and thDt 0. ~" ~
made a6 to the p\OpM \\eWM ~ adjrWment -\ate, collected ~ the
~ ~ ~ the ~ diuiMon. 0{, the city.
Reqae4t MA. MayO\. thDt Uti!.> lettM ~ MougItt to the GttelIUoB 0{, the
C<<.u CounoU at open muting, wit.A ~ co~ and
aotioB WIeB ~.
~
~ The p~ LoUy
COPII to: MauO\-e.lect ShiM.eu HO\toB
Bwce M. BoootuJo\d. E~.
CAtu Atto\ne.u
copy / (,i.le4/ ClIO.
5.b"~
California Nurses
Association.
California Physicians
Alliance.
California Podiatric
Medical Association.
California Professional
Firefighters.
California Teachers
Association.
Congress of California
Seniors.
Consumers Union
Health Access of
California
League of Women Voters
of California.
Life AIDS Lobby
Neigbbor to Neighbor'
Oil, Chemical, and
Atomic Workers
Older Women's
League
Pharmacy Defense Fund
Service Employees
International Union.
United Auto Workers
Voter Revolt
County Health
Reform Coalitions:
Humboldt County
Sonoma Co. Single Payer
Advocates
Butte County
Sacramento Valley
Health Care is a
Right Coalition
San Francisco County
Santa Cruz County
Alameda County Vote
Health Coalition.
Los Angeles Health Access
Orange County
San Diego County ,
.Executive CommittefC.
Partial List
0,"'10.
CALIFORNIANS FOR HEALTH SECURITY
YES ON 186
5208 Claremont Avenue, Oakland, CA 94618
CEtVED (510) 653-6492 / (800) 525-0101/ (510) 450-0862 (fax)
October 6, 1994
11 ..~1
Dear Council Member'
C UL
. ealtb insurance industry-funded "No on Proposition 186" campaign wrote
to California Mayors and Council members, urging us to oppose Prop. 186. Their letter
presented a very biased and inaccurate portrayal of Proposition 186, the California Health
Security Act (CHSA). We write to you today to describe the benefits of the initiative and
to encour.age you to join the Cities of San Francisco, Berkeley, and Monterey Park,
among others, in adopting resolutions formally supporting Proposition 186.
The successful passage of the initiative would provide California residents with
comprehensive, universal health care coverage while simultaneously benefiting California
cities. The CHSA would eliminate the bureaucratic redundancy of more than 1500 health
insurance companies, which consumes 27% of health care premiums. This would
immediately reduce bureaucracy and administrative overhead, freeing up some $10 Billion
to improve and extend health care coverage in California. The Health Security System,
the single payer established by the Act, with a mandated administrative cap of 4%, would
control spiraling health care costs while extending comprehensive health care coverage to
all California residents, including long-term care. The democratically accountable Health
Security System would be the sole insurer for California residents; health care delivery
would remain private and, in fact, far less regulated than it presently is by health insurers'
constraints.
As the attached sheet demonstrates, the California Health Security Act will have a highly
positive impact on the fiscal and administrative burdens of cities. For most cities, it will
provide direct fiscal relief in terms of the current costs of city employees and retirees. For
the future, it will ensure that cost growth is limited, and relieve the city of the burden of
health benefits management. Further savings will result as the medical care share of
workers compensation is integrated into the system. The cost of administration will be
reduced to the simple administration of a payroll tax. The payroll savings alone for Los
Angeles would be $60 million; Sacramento would save $7 million.
The health insurers' letter drew from the specious Spectrum Economics study and from a
report done by Dwayne Banks, affiliated with the Graduate School of Public Policy at UC
Berkeley The Spectrum Economics study, funded by the health insurance companies, has
no analytical basis whatsoever and is completely unjustifiable. Banks himself, in the Sept.
1994 Public Affairs Report, published by UC Berkeley, admits to specific errors in his
study totaling about $10 Billion per year and he admits that his methodology utilizes an
"imagined" projection of revenues and expenditures, rather than actual figures. At a
hearing before a State Senate committee in Los Angeles on September 9,1994, health
economist Dorothy Rice, former Director of the National Center for Health Statistics,
testified that Banks' study is entirely wrong. She has also stated that the Yes on
Proposition 186 analysis of the costs and revenues ofthe system are fiscally sound.
.~~;:-(t{) o'~~.~ ,. c..mr:.r~?c,."1 . fl./1.to
~RITl C~"J COMI~UNICA.TIONS ;Pj.v/J'Y
Councilmembers
Oct. 6, 1994
pg.2
We have enclosed a copy of the resolution supporting Proposition 186 that was adopted by
the City and County of San Francisco. The California Health Security Act will markedly
improve health care for California residents and represents real savings for city governments.
We encourage you to support it.
Sincerely,
~~
Christine Kehoe
Councilmember
City of San Diego
{'~d~~/c-dt~
Carla Woodworth
Councilmember
City of Berkeley
71J-1 Cf.4U;;,IJ~.-
Francisco Alonso
Councilmember
City of Monterey Park
Steve Martin
Councilmember
City of West Hollywood
.
5c. ..,,2..
Mcmber
Board of Supcrvison
Ci ty and County of San Francisco
KEVIN F. SHEUEY
[California Health Security Act Ballot Initiative. Proposition 186]
ESTABUSHING THE POLICY OF THE CITY AND COUNTY OF SAN FRANCISCO TO SUPPORT
THE CALIFORNIA HEALTH SECURITY ACT (PROPOSmON 186) BALLOT INlTIATIVE OF
1994. (ALSO KNOWN AS THE SINGLE-PAYER INmATIVE).
WHEREAS. Californians have a right to high quality health care; and
WHEREAS. California taxpayers are bearing enormous financial costs because many
Californians do not have a regular health care provider; and
WHEREAS. Because health care costs are rising faster than wages and prices. the
number of uninsured and under-Insured Californians is growing at an alarming
rate. and
WHEREAS. Californians have a right not to be financially ruined when they or their
loved ones become sick or III; and
WHEREAS. California employers have a right not to be driven into insolvency by the
spiraling cost of employee medical benefits; and
WHEREAS, Californians should be guaranteed the freedom to choose their own doctor
or other health carc provider; and
~
WHEREAS. Californians should not be at risk of losing their health benefits If they
change or lose their jobs; and
WHEREAS, Proposition 186. The California Health Security Act which proposes a
single-payer health system for California, will appear on the November 1994 ballot;
and
WHEREAS. The Single-Payer for Health Care system will achieve significant savings
by decreasing administrative overhead. bargaining for the best prescription drug
prices. providing more cost-effective primary care. and in-home long term care; and
WHEREAS. The practice of medicine will remain private; and
WHEREAS. This initiative establishes a system that will protect California consumers,
taxpayers. and employers from the skyrocketing cost of health care; and
WHEREAS. This initiative requires that there be a Health Commissioner who is elected
by a direct vote of the people to safeguard the quality and accountability of the
health care system; and
WHEREAS. It is important to note that the Singlc-Payer Initiativc does not address
reproductive services. we would have liked the initiative to have provided for a full
range of reproductive health services including abortion written into the language
of the initiative; now. therefore be it
RESOLVED, That the Board of Supervisors for the City and County of San Francisco
support the California Health Security Act ballot initiative. Proposition 186. to create
a single-payer health system and guarantee health care access for all Californians.
..
Room 235
.
City Hall
. San Francis<:<>. California 94102 .
P,;.,.d.. RocycItId".., @ ~.. 3
(415) 554.4005
UTlES AND THE CALIFORNIA HEALTH SECURITY ACf (pROP. 186)
The California Health Security Act will have a highly positive impact on the fiscal and
administrative burdens on cities. For most cities, it will provide direct fiscal relief in terms of the
current costs of city employees and retirees. For the future, it will make sure that cost growth is
limited and relieve the city of the burden of health benefits management.
All legal California residents will be in the Health Security System, with their health needs
paid for. This means that cities need only pay 8.9% of payroll into a system to make sure that
their employees and their families are covered. In addition, as the medical care share of workers
compensation costs -- amounting to 31 % of costs -- is integrated into the system, cities will save
substantially. And the cost of health benefits administration will become only the simple
administration of a payroll tax.
The direct benefits to the cities begin with the following:
· Substantial direct payroll savings and much less burden on public sector costs by having a
functioning health system; spreading fiscal relief throughout all public agencies will have direct
benefits on all public budgets, including cities.
· Much improved bargaining situation with employees, without the burden of pressure to cut
health benefits or limit them. The benefits package will provide full coverage with controlled
costs by cutting out insurance company administration and profit.
· With health care cost control in the form of global budgets, cities will no longer be forced to
face skyrocketing health care cost claims on their limited dollars.
The quality oflife for ordinary citizens will improve significantly, putting much less pressure
on city services. For example, the system will pay for drug treatment costs, therapy for the
seriously mentally ill, and help for abused children. While the counties bear these direct costs now,
the impact on law enforcement and neighborhood deterioration will be measurable as causes of
potential social problems are addressed.
Public health and prevention funding will greatly improve. Prop. 186 provides that 5% of
dollars in the system be allocated for public health and prevention programs, significantly
improving county public health programs.
In predicting costs of Prop. 186, the drafters' analysis assumed that there would be a net 10"10
increase in hospita1ization and a 25% increase in use of physician services in 1996, and capture of
only about half of the obvious administrative waste hi the first year Even with those generous
assumptions, Prop. 186 would have a $4.4 billion surplus in the first year, with over $55 billion in
savings by the year 2000. Consumers Union and the League of Women Voters, after thorough
analyses of Prop. 186, agreed that the funding of Prop. 186 is fiscally sound and have endorsed the
initiative.
The CHSA does not require public fire agencies to provide emergency medical services or
transportation. The initiative simply states that "the Commissioner shall provide funding to public
fire agencies for delivery of emergencyme~ services and emergency transportation." (Sec.
~~~ SG-~
.aMI
. ..,...
_01\.
t.
,...
Coleen A. Scott
4 E. San Miguel Drive
Chula Vista, CA 91911
Dear Coleen,
I regret to inform you of my resignation from the Cultural Arts
Commission. I will be starting my Doctoral studies and this will require
me to travel out of town every Tuesday and Thursday.
I do believe in the important work that the commission does and wish all
of you continued success.
Thank you,
~
OSC:A'" "'~I"'s
ce-J ~~A4(1
~ ~.;~ WRmEN COMMUNICATIONS
r /;j~f
5~../
CITY COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE 10/25/94
(,
ITEM TITLE:
1 t' J?t'l'" h b'dd'
Reso u l.on wal.vl.ng tel. l.ng
approving the purchase of four 3M
workstations.
process and
Self Check
SUBMITTED BY: Library Director
REVIEWED BY: city Manage~ /'7 (4/5ths Vote Yes_No-1L)
Funds were appropriated in the Y 1994-95 CIP budget for two 3M
Self Check workstations for the library at 365 F Street and two
Self Check workstations for the new South Chula vista Library.
(ATTACHMENTS A, B) 3M is the only vendor which at this time has
developed an operable self checkout unit with an interface that
links to the Library's INLEX Library Automation System.
RECOMMENDATION: That the City Council adopt the resolution
waiving the bidding process and approving the purchase of the four
3M Self Check workstations.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
3M has marketed the Self Check units, which are similar to bank
ATMs, for approximately two years. These workstations accommodate
any regular checkout of print materials and will refer conditions
like fines, overdue books, and video checkout to the regular
circulation counter. Of course, patrons may continue to exercise
the option of checking out their books with the assistance of a
library staff member. Libraries using these 3M Self Check
workstations report increased productivity, shorter lines at
checkout and wide patron acceptance. In San Diego county, Car1sbad
City Library (an INLEX site) is currently using 3M Self Check. For
other sites using this system, see ATTACHMENT C.
In April 1994 a 3M Self Check unit was installed in the Children's
Room of the Library at 365 F Street on a trial basis under a
special program whereby 3M was offering libraries and their patrons
an opportunity to test the advantages of patron self checkout.
(ATTACHMENT D) The test unit, currently operating in the
Children's Room, has proven to be very popular.
As a result of due diligence, the Library has ascertained that at
this time, 3M is the only vendor of self checkout workstations that
can interface to the INLEX Library Automation system currently
operated in the Library. Furthermore, Inlex does not plan
t,...J
ITEM /,
MEETING DATE:
, PAGE 2
10/25/94
to develop an interface with any other self checkout vendors until
1995 at the earliest. (ATTACHMENTS E, F)
FISCAL IMPACT:
Funds have been appropriated for purchase of the self checkout
workstations under FY 1994-95 CIP account 216-2162-LB131, for two
units located at the library at 365 F Street and under FY 1994-95
ClP account 850-8505-LB125, for two units to be located at the
South Chula vista Library.
The purchase cost, per 3M Model 5210 Self Check workstation, is
$26,202.50 and includes tax, 90-day warranty and the first year
maintenance, 3M software licensing, and Inlex licensing costs.
The 3M Self Check workstations will reduce the need for 2.5 FTE
Clerical Aides at 365 F Street beginning in January 1995, saving
$18,300 in FY 1994-95 (partial year salary savings) and $43,900 in
recurring full years. In anticipation of the acquisition of the
self check workstations, these savings were incorporated into the
FY 1994-95 budget.
Subsequent annual charges, per 3M Self Check workstation, include
a $1,200 maintenance agreement, a $1,200 3M software licensing
agreement, and a $500 Inlex licensing agreement. The Library has
negotiated a five year service agreement with 3M for all of the
above elements which will cap any increase at 5% annually or the
CPl, whichever is lower. (ATTACHMENT G)
~~~
~ -,,2.
RESOLUTION NO. 17b'ltJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE BIDDING PROCESS AND
APPROVING THE PURCHASE OF FOUR 3M SELF CHECK
WORKSTATIONS
WHEREAS, funds were appropriated in the FY 1994-95 CIP
budget for two 3M Self Check workstations for the library at 365 F
Street and two Self Check workstations for the new library at 389
Orange Avenue; and
WHEREAS, 3M is the only vendor which at this time has
developed an operable self checkout unit with an interface that
links to the Library'S INLEX Library Automation System; and
WHEREAS, the purchase cost, per 3M Model 5210 Self Check
workstation, is $26,202.50 and includes tax, 90-day warranty and
the first year maintenance, 3M software licensing, and INLEX
licensing costs.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby waive the bidding process in
accordance with section 2.56.170 of the Chula vista Municipal Code
and approve the purchase of four 3M Self Check Workstations at a
total cost of $104,810.
APproveJ ,a
~~/~/1
Bruce M. B
Attorney
form by
Presented by
David Palmer, Library
Director
aard, city
C:\rs\library.3M
~':J
Supplemental Budget Request #~~
ATTACHMENT A
BUDGET INFORMATION MEMORANDUM
DATE:
May 26, 1994
TO:
The Honorable Mayor and City Council
John Goss, City Manager ti /\~
David J. Palmer, Library Directo~OU
VIA:
FROM:
SUBJECT:
Library Self Checkout
Council requested that producti vi ty of using self checkout be
explored. Public libraries utilizing self checkout, including
Pasadena, Glendale, Sacramento, Benecia, Contra Costa County and
Albuquerque were surveyed. These libraries reported that self
checkout allowed them to accomplish the following:
INCREASE CIRCULATION WITHOUT ADDING STAFF Benecia, after
moving to a new and larger facility in June 93, experienced a
60% increase in circulation. This increase was absorbed with
adding only one .5 circulation staff and self checkout. The
Sacramento branch library, which is located in a developing
area, anticipates coping with their increasing circulation
using self checkout instead of adding staff.
INCREASE PRODUCTIVITY/ RESTORE SERVICE Over 50 % of
circulation at Albuquerque's main library is now handled by
self checkout enabling them to apply the savings to restore
hours lost in 1991 budget cuts. Contra Costa County purchased
their first self checkout unit with a county Productivity
Investment loan after a staff reduction and are now adding
five more units.
DECREASE CHECKOUT LINES
5 FTE staff in 1989. By
this loss and brought
limits.
Glendale reported that they had lost
using self checkout they have offset
checkout lines back to manageable
UTILIZE STAFF MORE EFFECTIVELY Many libraries reported staff
are free for other tasks such as assisting patrons with the
online catalog or tackling shelving backlogs.
REDUCE WORK RELATED INJURY Sacramento views self checkout as
a response to several complaints of carpal tunnel syndrome.
Many libraries surveyed had already encountered budget cuts with
staff reductions and service curtailments. Therefore libraries
reported that the implementation of self checkout did not translate
into terminating staff nor do the libraries surveyed have any plans
to further reduce staff. Self checkout is viewed as a means of
coping with workload and maintaining public service.
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6/27'11110
3M
3M Self Check .ystem.
Ret.r.nc..
Juat . f.w of our satisfi.4 custom.r....
Albuquerque PUblic Library
Albuquerque, NM
Wayne Bower
505/768-5119
Beneeia PUblic Library
Beneeia, CA
Carol starr
707/746...,4343
Contra Costa County Library
Pleasant Hill, CA
Jerry Prideaux/Rosemarie Roen
510/646-6429
Cypress college Library
cypress, CA
Cindy Ristow/Chester Dalton
714/826-0130
Davenport Public Library
Davenport, IA
Kay Runge
319/326-7832
Denver Public Library
Denver, CO
Susan Patteson
303/640-8836
Edith Abbott Memorial Library
Grand Island, NE
Steve Fosselman
308/385-5334
Glendale Public Library
Glendale, CA
Marie FiSh
818/548-2030
d,lIlio."".-"__~
ATTACHMENT C
In1:erfaCl.4 wi1:h
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PALS
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Parmly Billings Library
Billings, MT
Thurman Smith
406/657-8295
Pasadena Public Library
Pasadena, CA
Bryan Sands
818/548-4252
Portland Community College
Portland, OR
Barbara Swanson
503/244-6111
Rochester PUblic Library
Rochester, MN
Jim Godsey
Jean Jahn, Auto Circ Coord.
507/285-8011
Sacramento PUblic Library
Belle Cooledge Branch
sacramento, CA
Robert Foster
916/4242-5061
Tucson-Pima PUblic Library
Tucson, AZ
Barbara Murray
602/791-4391
Vacaville PUblic Library
Vacaville, CA
Debra Moehrke/Jan Stevens
707/421-6518
university of Minnesota
Minneapolis, MN
Joan Mouchet
612/624-6585
Westerville Public Library
Westerville, OH
Don Barlow
614/882-7277
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Dynix 135.2
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NOTIS
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ATTACHMENT D
r-
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C,yf))
LJ
INFORMATION MEMORANDUM
FROM:
April 19, 1994
The Honorable Mayor and City ~~ncil
John Goss, ci ty Manager~ ~~\. rwD
David J. Palmer, Library Directort100
DATE:
TO:
VIA:
SUBJECT :
Self Checkout unit Being Tested at Library
Earlier this month a self checkout system was installed on a trial
basis in the Children's Room at the 365 F Street Library (Civic
Center). The Library is testing the self checkout system in
advance of implementing it at the South Chula Vista Library where
it has long been planned in order to provide quality public service
while at the same time keeping personnel costs as low as possible.
The self checkout machine for libraries is similar in concept to a
bank ATM. Users are instructed, via a computer screen, were to put
their library card and how to check out their books, one at a time.
At the end of the transaction, the patron is provided a receipt
listing the items and their due date. If a user has an expired
card, overdue items or fines, the system will prevent them from
using self checkout and will refer them to the main circulation
desk for assistance. At this time, the self checkout unit may be
only be used for books. Again, similarly to a bank, a user may
prefer to checkout their books with the assistance of a library
staff member and that option is always available to them.
Self checkout units are rapidly being installed in libraries
throughout the nation. Pasadena, Glendale, and Albuquerque are a
few of the libraries which have all installed self checkout units
during the last year with great public success. One library even
reports that 70% of all circulation is now occurring at the self
checkout units rather than at the traditional circulation desk.
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INLEX
ID'6460651
OCT 13'94
22:09 No.OIS P.02
ATTACHMENT E
October 14, 1994
David Palmer
Director
Chula Vista Public Library
365 F Street
Chula Vista, CA 91910
Dear Mr. Palmer:
This is in response to your inquiry about our plans for developing an
interface for the Knogo patron self-check product. As I've mentioned in
conversations with your staff, any self-check unit provided by a third party
vendor would need an interface, developed by us, that would control the
access to our databases, and the recording of circulation transactions to said
databases. Currently, the only available INLEX/3000 interface for a patron
self-check product is the interface for the 3M Self-Check System, which we
released in August of 1993, and is now installed and operational at several
sites, Earlier this year, we discussed the possibility of developing an
interface for Knogo but, at the time, custOmer demand was not sufficient to
justify adding the project to our development schedule. Development of an
interface for Knogo is not in the development schedule for 1994.
As you know, our development priorities are determined by the list of
enhancement requests that is developed every year by the INLEX User
Group. We will certainly consider adding other self-check interface projects
to our schedule for 1995, if such projects are placed high on the list of
enhancement requests submitted after the 1994 INLEX User Group meeting.
Please feel free to call me if you have other questions.
~'"
t'.y l~
dith Sulsona
Branch Manager
cc: Michael J. Mellinger
President and CBO, Data Research Associates, Inc.
b ~/()
@
3M Safety and Security
Systems Division
3M Center
St. Paul, MN 55144-1000
612733 1110
ATTACHMENT F
3NI
August 9, 1994
Ms, Margaret Blue
Chula Vista Public Library
365 F Street
Chula Vista, CA 91910-2697
Dear Ms. Blue:
3M is the developer and manufacturer of the 3M Self Check System and as such,
we are also the sole source for these systems. We have exclusive patents on
certain processes which are incorporated into the system technology including
the ability to detect and process material protected by 3M Tattle-Tape™ strips
and markers. No other manufacturer sells selfchecking systems operating within
the scope that is patented by 3M. Service contracts and warranties are based on
the correct usage with "Tattle-Tape" Strips. Our representative for your area is Art
Leoncio and he can be contacted at 800/-328-0067
Thank you for your interest in the 3M Self Check System and if there are any
further questions or problems, please feel free to contact us.
Sincerely,
O~~~~
Donald S. Leslie
Market Development Manager
612/736-3707
pam
Subscribed and sworn to before me this 9th day of August 1994.
(Notary Public)
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\~:~. NOTARY PUBlIC-M',:;',SOTA
,~, RAMSEY COUNH
.-'> My Comm. bpi..., Feb. 6, 1991
..........'\._"'..,,^'_..~.__.,,_... V'I'.
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3:\1 Los Angeles Sales Center
6023 South Cii.lrfield Avenue
Lo< Angeles. CA 90040-3682
213 n6 6300
ATTACHMENT G
3NI
October 18, 1994
Ms. Margaret Blue
Chula Vista PUblic Library
365 F Street
Chula Vista, CA 91910-2697
Dear Ms. Blue:
This is with reference to the cost of service and maintenance
on the 3M Model 5210 Selfcheck System.
Based on your planned acquisition of four 3M SelfcheCk
terminals, the projected five-year total cost of equipment
service and software licensing and support is $53,046 or
$10,609 yearly.
As I mentioned previously, the above figure is based on a
yearly inflation factor of five percent. However, our
commitment to you is that you Will be charged no more than
the cost of service, licensing and support prevailing at the
time of your annual renewals. If these charges are raised,
such increases shall not be more than five percent per year
or that year's consumer price index, whichever is lower.
As for your inquiry regarding monthly service payments, the
closest plan we have to it is a quarterly payment plan which
carries a one percent billing premium on top of the annual
cost cited above. Your projected five-year cost on this
plan would be $54,117 or $2,706 per quarter.
I hope the foregoing
about service costs.
any more assistance.
has adequately addressed your concerns
Please do not hesitate to call me for
Sincerely,
,~
Art Leoncio
Library Security Systems
1-800-888-8812 ext 8716
t-)~
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item: 2
Meeting Date: 10/25/94
Resolution: 17(,' lpproving a grant application in the amount of
$200,000 to the Tobacco Control Section, California Department of Health
Services (7
Director of Parks and R~O~
CityManage~ ~~\ (4/5thsVote: Yes No-X..)
ITEM TITLE:
REVIEWED BY:
In early September, the Parks and Recreation Department received a Request for Proposal (RFP) entitled
"Community Tobacco Education Interventions" from the Tobacco Control Section (TCS), California
Department of Health Services. Approximately $6 million in grants will be awarded to agencies and
organizations that specifically address one or more of TCS's three priority program areas: environmental
tobacco smoke, youth access to tobacco, and/or countering pro-tobacco influences in the community
The grant proposal developed by the Parks and Recreation Department, on behalf of the Chula Vista Youth
Coalition, requests $200,000 over a 24-month period (January 1, 1995 - December 31, 1996). Grant funding
will be used to hire a part-time project coordinator through the Parks and Recreation Department, as well
as augment the youth newspaper project sponsored by the City and South Bay Community Services' KidzBiz
Program, the Youth ACTION Program, and other programs serving Chula Vista youth.
RECOMMENDATION: That the City Council adopt the resolution approving a grant application in the
amount of $200,000 to the Tobacco Control Section, California Department of Health Services.
DISCUSSION: In November 1988, California voters approved the Tobacco Tax and Health Protection Act
of 1988 (Proposition 99), which added a 25 cent tax to each pack of cigarettes sold in the state. These
additional tobacco taxes are earmarked for tobacco-related research, health education and promotion, and
health care. Enabling legislation for Proposition 99 during the past five years has provided legislative
authority for programs administered by the Tobacco Control Section of the California Department of Health
Services to:
I Conduct health education interventions and behavior change programs at the state level, in the
community, and other non-school settings;
2. Apply the most current research and fmdings; and
3 Give priority to programs that demonstrate an understanding of the role community norm change
has in influencing behavioral change regarding tobacco use.
The purpose of the current RFP is to solicit proposals with the intent of funding community tobacco
education programs specifically addressing one or more of the following three priority areas: environmental
tobacco smoke, youth access to tobacco, and/or countering pro-tobacco influences in the community
TCSAl13
1
7--/
Item: 2-
Meeting Date: 10/25/94
Approximately $3 million from each fiscal year (1994-95 and 1995-96) is anticipated to be available to fund
approximately 30-40 community grants. Grant awards are expected to average between $50,000 and
$100,000 per year.
In its efforts to continue strengthening and expanding services to youth in Chula Vista, the Parks and
Recreation Department and the Youth Coalition developed a grant proposal in response to this RFP The
proposal requests $200,000 over a 24-month period (January I, 1995 - December 31,1996), and will be used
for the following:
1. To augment funding for the youth newspaper project sponsored by the City and South Bay
Community Services' KidzBiz Program (the City's first-year California Healthy Cities Project
activity approved by the Council on September 20, 1994 ).
2. To adapt tobacco education curriculum developed by the San Diego County Office of Education to
train older youth to be mentors and positive role models for younger children in a variety of settings
(e.g., afterschool playground sites; WizKidz Program offered at Lorna Verde and Lauderbach
Community Centers; and programs offered by other youth-serving agencies such as the South Bay
Family YMCA, Boys & Girls Club, etc.).
3. To incorporate tobacco education into components of the Youth ACTION Program, particularly
Junior High Outreach, High School Happenings, and Late Night Teen Programs.
4. To sponsor a variety of special events and activities promoting tobacco-free living, such as dances,
talent shows, art contests, etc.
5. To hire a part-time project coordinator (Recreation Specialist - .50 FTE) in the Parks and
Recreation Department.
FISCAL IMPACT: An additional $200,000 could be secured for a two-year period (January I, 1995 -
December 31, 1996) to expand youth programs and services in Chula Vista. This RFP does not require a
local match. No General Funds will be used to facilitate the programs discussed in this report.
TCSA1l3
2
7"~
RESOLUTION NO. J 7' 'I J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A GRANT APPLICATION IN
THE AMOUNT OF $200,000 TO THE TOBACCO CONTROL
SECTION, CALIFORNIA DEPARTMENT OF HEALTH
SERVICES
WHEREAS, in early September, the Parks and Recreation
Department received a Request for Proposal (RFP) entitled
"Community Tobacco Education Interventions" from the Tobacco
Control section (TCS), a California Department of Health Services;
and
WHEREAS, approximately $6 million in grants will be
awarded to agencies and organizations that specifically address one
or more of TCS's three priority program area: environmental tobacco
smoke, youth access to tobacco, and/or countering pro-tobacco
influences in the community; and
WHEREAS, the grant proposal developed by the Parks and
Recreation Department, on behalf of the Chula vista Youth
Coalition, requests $200,000 over a 24-month period (January 1,
1995 - December 31, 1996); and
WHEREAS, grant funding will be used to hire a part-time
project coordinator through the Parks and Recreation Department, as
well as augment the youth newspaper project sponsored by the City
and South Bay Community Services' KidzBiz Program, the Youth ACTION
Program, and other programs serving Chula vista youth.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve a grant application in the
amount of $200,000 to the Tobacco Control Section, California
Department of Health Services.
Presented by
i~:. N. ~~"
Attorney
"ill ~ ::s
ity
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\tobacco grt
7"J
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item Y
Meeting Date 10/25/94
Resolution J7/,,:J.. Amending Schedule VI, Section 10.52.340
of the Chula Vista Municipal Code relating to parking time limited on
certain streets; Shasta Street from Del Mar Avenue to Twin Oaks
Avenue, a portion of the 500 block of Del Mar Avenue, a portion of the
200 block of Whitney Avenue.
SUBl\Ull'ED BY: Director of Public Wor
r
(4/5ths Vote: Yes_NoX)
REVIEWED BY: City Manage~
Pursuant to the provisions of Section 10.52.330 of the Chula Vista Municipal Code, the City
Engineer has determined that in the interest of minimizing traffic hazards and traffic
congestion, and for the promotion of public safety, a Resolution establishing a (2) two-hour
time limited parking restriction be established in the 500 block of Del Mar Avenue, the 200
block of Shasta Street and Whitney Avenue.
RECOMMENDATION: That the City Council approve a resolution establishing an "8:00
am to 6:00 pm except Sundays and Holidays" two-hour time limited parking areas on the
following streets:
1) Shasta Street between Del Mar Avenue and Twin Oaks Avenue;
2) Whitney Avenue from the east curbline of Third Avenue for +/- 350' on both sides;
3) Del Mar Avenue from the south curbline of Shasta Street for +/- 250' on both sides.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their
meeting of September 8, 1994 voted 7-0 to recommend to the City Council that the Council
pass a resolution establishing an "8:00am to 6:00pm except Sundays and holidays" two-hour
time-limited parking areas be implemented on the following streets:
1) Shasta Street between Del Mar Avenue and Twin Oaks Avenue;
2) Whitney Avenue from the east curb line of Third Avenue for +/- 350' on both sides;
3) Del Mar Avenue from the south curbline of Shasta Street for +/- 250' on both sides.
DISCUSSION:
The City Engineer has determined the need to post time limited parking restrictions along both
sides of Shasta Street, Del Mar Avenue, and Whitney Avenue described above. We have
received telephone calls, letters, and a petition from area businesses and residents that vehicles
park for extended periods of time thereby monopolizing all of the on-street parking. Vehicles
are also being parked too close to driveways. Because Del Mar Avenue and Whitney Avenue
are only 32' and 30' wide respectively and have rolled asphalt berms instead of curb, gutters,
and sidewalks, some vehicles are left parked on the residents' lawn. As a means to provide
a higher parking stall turnover rate for other business customers in the area and reduce the
hardship to area businesses, and especially to local residents, it is determined that this area be
restricted to "Two Hour Parking Any Time Between 8'00 am and 6'00 pm, except on Sundays
~"I
-.....,
Page 2, Item lI'
Meeting Date 10/25/94
and public holidays". Area residents are able to park in excess of the parking restriction as
long as they obtain and properly display a parking permit from the Public Works Department.
Staff has investigated these complaints from the area residents and determined that employees
from Sharp-Rees Stealy (SRS) offices and other area businesses are parking in front of area
resident's houses all day. SRS has been contacted and is trying to fmd a workable solution
for their employees. Staff found vehicles parked on both sides of these narrow streets, limiting
travel in the residential neighborhood (Exhibit A). This item was received and acted upon by
the Safety Commission on September 8, 1994. Several area residents spoke at the meeting.
By posting signs similar to existing signs in the west end of the 200 block of Shasta Street
from Third Avenue to Del Mar Avenue, parking would be limited to two hours (Exhibit D).
Friends and visitors would be subject to the two-hour parking restriction. Area residents would
be able to park longer than the two hour limit as long as they obtain, at no cost, a parking
permit from the Engineering Division Permits Section. Each legally registered vehicle
belonging to the residents affected by the parking restriction is eligible for a permit.
Per the Chula Vista Municipal Code Section "10.52.330 Parking - Time limited on certain
streets - Driver obedience required. When signs are erected in each block giving notice
thereof, no person shall park a vehicle for longer than the time specified thereon except
Sundays and public holidays, as shown in Section 10.52.340 and Schedule VI, on any of the
streets or portions of streets as described in said Schedule VI attached hereto and made a part
of this chapter."
10.52.340 - PARKING TIME LIMITED ON CERTAIN STREETS -SCHEDULE VI
In accordance with Section 10.52.330, pursuant to resolution or ordinance of the City Council
and when appropriate signs have been erected giving notice thereof, no person shall stop, stand
or park any vehicle for a period of time longer than noted in this schedule on any day except
Sunday and public holidays upon any of the following streets or portions of streets:
10.52.340 Schedule VI - Parking Time Limited on Certain Streets
Two Hour Parking 8'00 am - 6:00 pm Except Sundays and Public Holidays
Name of Street Beginning At Ending At Side Length of Time
Permitted
Del Mar Avenue At a pt 100' south A point 215' south of East 2 Hours
of south curbline of the south curb line of
Shasta Street Shasta Street
Del Mar Avenue Shasta Street A point 260' south West 2 Hours
Shasta Street Del Mar Avenue Twin Oaks Avenue Both 2 Hours
Whitney Avenue Third Avenue A point 365' East North 2 Hours
Whitney Avenue Third Avenue A point 310' East South 2 Hours
g',.t.
I
s
:i!:
CONCLUSION:
Page 3, Item f"
Meeting Date 10/25/94
A review of the traffic conditions by staff, the Police Department and the Safety Commission
show that the time-limited parking restriction is needed. Therefore, staff recommends the two-
hour time-limited parking restrictions be implemented as listed above.
All area residences and businesses have been notified of tonight's City Council meeting.
The Safety Commission Minutes (Exhibits C and I) and Sharp Reese Stealy Conditions of
Approval and parking structure survey have been included for reference (Exhibits E, F, & G).
FISCAL IMPACT: The costs of the signs are estimated at SI,025 including full cost
recovery and would be done as part of the normal Operations Division budget.
Attachments:
\ Exhibit A
xhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
MID"" (Filo #CY -ll29)
Area Plat
Petition from residents
Safety Commission Minutes Dated July 14, 1994
Existing two-hour zone on Shasta
SRS - Parking Survey
SRS - Conditions of Approval
Letter dated 7/24/92 to SRS
Letter dated 9/8/94 from Anna Alcazar
Safety Commission Minutes Dated Sept 8, 1994
(M:\HOMEIENGINEERIAGENDAISHASTA.MID
I
8";J/~-t/
RESOLUTION NO. J7"9~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SCHEDULE VI, SECTION
10.52.340 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO PARKING TIME LIMITED ON CERTAIN
STREETS; SHASTA STREET FROM DEL MAR AVENUE TO
TWIN OAKS AVENUE, A PORTION OF THE 500 BLOCK
OF DEL MAR AVENUE, A PORTION OF THE 200 BLOCK
OF WHITNEY
WHEREAS, pursuant to the provisions of section 10.52.330
of the Chula vista Municipal Code, the city Engineer has determined
that in the interest of minimizing traffic hazards and traffic
congestion, and for the promotion of public safety, a Resolution
establishing a (2) two-hour time limited parking restriction be
established in the 500 block of Del Mar Avenue, the 200 block of
Shasta Street and Whitney Avenue; and
WHEREAS, the Safety Commission, at its meeting of
September 8, 1994 voted 7-0 to recommend to the City Council that
the Council pass a resolution establishing an "8: OOam to 6: OOpm
except Sundays and holidays" two-hour time-limited parking areas be
implemented on the following streets:
1) Shasta Street between Del Mar Avenue and Twin Oaks
Avenue;
2) Whitney Avenue from the east curbline of Third
Avenue for +/- 350' on both sides;
3) Del Mar Avenue from the south curbline of Shasta
Street for +/- 250' on both sides
and
WHEREAS, a review of the traffic conditions by staff, the
Police Department and the Safety Commission show that the time-
limited parking restriction is needed, therefore, staff recommends
the two-hour time-limited parking restrictions be implemented as
listed below.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby amend Schedule VI, section
10.52.340 of the Chula vista Municipal Code relating to parking
time limited on certain streets as follows:
1
2':5"
10.52.340 Schedule VI - Parking Time Limited on certain streets
Two Hour Parking 8:00 am - 6:00 pm Except Sundays and Public Holidays
Name of Beginning At Ending At Side Length of
Street Time
Permitted
Del Mar At a pt 100' A point 215' East 2 Hours
Avenue south of south of the
south south curbline
curbline of of Shasta
Shasta Street Street
Del Mar Shasta Street A point 260' West 2 Hours
Avenue south
Shasta Street Del Mar Twin Oaks Both 2 Hours
Avenue Avenue
Whitney Third Avenue A point 365' North 2 Hours
Avenue East
Whitney Third Avenue A point 310' South 2 Hours
Avenue East
John P. Lippitt, Director of
Public Works
Approved as t~ form b~
(:LJ I
Bruce M. Boog ar , city~
Attorney
Presented by
C:\re\park.VI
2
8''' "
Drawn .Yo M J D
11tIe:
Date: 9/1/94
'iJ' ' ')
AREA
PLAT
EXHIBI
A
'.
Date:
July 28, J.994
From:
Martha Quinne
550 Del Mar Ave.
Chula vista, Ca. 9J.9J.0
To: Frank Rivera
Associate Traffic Engineer
Subject: Request for exclusive parking 500 block of Del Mar
Avenue, 200 blocks of Shasta Street and Whitney Avenue.
As discussed at the July J.4, Chula vista Safety Commission meeting,
I have continued collecting and enclose signatures from all
residents of the respective blocks. We are all in agreement of the
points mentioned at such meeting. Our request stands as follows:
We who reside on the 500 block of Del Mar Avenue and 200
blocks of Shasta Street and Whitney Avenue, request that we
be given exclusive parking rights on the above mentioned
streets.
* The employees of the businesses located on the corner of H
Street and Third Avenue have not been provided adequate
parking by their employers, therefore. they have found it
necessary to park on our blocks.
* Our blocks are crowded with parking which makes it
impossible for two way traffic to travel comfortably.
* This manner of parking is in violation of traffic laws, as
many of the car owners park on the curb itself.
* The noise created by this traffic is unbearable for a
residential area. Some of these cars have alarms which are
easily activated by 'passers by' and are significantly loud.
* Some of the automobile owners have a tendency to park
carelessly, blocking residents' driveways or parking too far
from the curb.
* The excessive traffic has made it impossibJ.e for residents
to maintain the same level of security on our block. We
believe this has been a contributing factor to several
burglaries.
We would appreciate prompt action on this matter.
Thank you.
EXHIBIT B
8'..y
From:
August 30, 1994
Martha Quinne
Date:
To:
Francisco X. Rivera, P.E.
Associate Traffic Engineer
In addition to the facts already stated, we would like to
reiterate on the fact that the three streets are not affected in
their entirety. Cars are parked to half way up the block, leaving
the other part of the block free of the problem. We believe that
many of the letters sent out for the first meeting were not
answered due to this and also because on Whitney there is an
apartment complex, whose residents are provided assigned parking
spaces.
The houses
Shasta
affected
245
246
249
253
are as
254
257
260
follows:
Whitney
549 556
550 562
553
278 285
279 289
280 290
281 293
283 294
284
Del Mar
Also, accounting for the signatures that are not there:
1) Two houses were vacant on Whitney
2) One other resident was on vacation
3) The lady that lives at 280 Whitney, whose signature does
not appear, is as frustrated as all of us. This was told
to me by four members of her family who could not sign for
her while she was at work.
4) Only one resident on Shasta refused to sign, for fear that
her relatives would not be able to park on the street. The
two others were not home when collecting signatures.
All those affected on Del Mar have signed.
Thank you.
Martha Quinne and family
<('7
I THIRD AVENUE l
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Safety Commission Minutes
July 14, 1994
Page 2
participation In the Farmer's Market; 3) a storm drain pollution pi enntion prosnm for the Farmer's Market
shall entail: a) the street ript-of-way shall be thcJrouahly swept lIIld all solid debris shall be placed In
containers followlllJ the close of the F.mer's Market and b) the street and sidewalks may be washed with
water to prnent health hazards; and 'l had reviewed and considered lIIld approved the Neptive
Dedaration.
6. STATUS REPQRT on traffic concems for Oleander Avenue south of Orange Avenue
Frank Rivera said staff met with residents of Oleander Avenue to discuss traffic issues. There were
approximately 30 people at the meeting. Resident's felt it would be best to divide Oleander Avenue into three
study areas. Staff received good input from residents including accident history which was not included in
staff's reports from the Police Department. Residents requested all.way stops in the area. Since the Elementary
School was in summer recess, staff felt it would be best to complete their analysis after school resumed in
September and report to the Commission in October. The report would include an evaluation of speed
humps, which interested the residents. If speed humps were approved by the Commission, it would be the
first location in the City, and it would need to be approved by the City Council. Staff was working with the
City of San Diego to review their policy for installing humps. Staff also reviewed installing edgelines along
Oleander Avenue. Block captains were selected for each study area to act as a liaison between residents and
staff. The Police Department continued enforcement and staff had marked out pavement legends for the new
speed limit signs to be added. During the first week of August, Oleander from East Orange to Sequoia Street
would be resurfaced. Staff intended to wait a few weeks after the overlay was completed before striping the
area.
MSUC (Padilla/Pitts) to have staff continue to wort with residents and to retum with a final report to the
Commission on October 13, 1994.
7. REPORT on request for time limited parking 500 block of Del Mar Avenue and 200 blocks of Shasta
Street and Whitney Avenue
Frank Rivera presented staff's report.
Hal Rosenberg said staff did not take a strong position on whether time parking should be established, but it
was an option left to the residents who were impacted. Staff relied upon the community to give support in
the form a petition indicating interest in time limited or permit parking.
Chair Thomas pointed out that the report mentioned vehicles parked on sidewalks and lawns and asked if it
was because of lack of street improvements.
Frank Rivera responded that the area had rolled curbs and it was easy to park on the curbs. Motorists parked
wherever their car would fit.
Commissioner Malacia confirmed with staff that they were trying to get community support and had mailed
75 letters II\d received 10 phone calls, five supporting time limited parking and five against.
Frank Rivera said the reason people were against the Idea was because they were far removed from problem
and were not impacted yet. If staff inslalled time limited parking for those currently effected, those not
impacted would begin the feel the impact and woul~ want time limited parking. It would create a "domino"
effect on the entire street.
UNOFFICIAL MINUTES
g'-' / ~ EXHIBIT C
Safety Commission Minutes
July 14, 1994
Page 3
Ailmfy QuillM, 550 0.1 Ail. A_, chui. Vist... CA ''''0, was at the center of the parking problem and
had started a.petition around her block to see if anyone was effected and found most residents were effected
by the parking problems. Some of the points were that parking on both sides of the street had crowded the
street making two way traffic impossible to trillel comfortably and that noise w by traffic. Some
vehicles were equipped with alarms that were set off by pedestrians. A daycar providei.' formed her that
the alarms woke up the children she cared for. When employees (Sharp Reese ea Y w re in a hurry, they
blocked driveways. She was a volunteer with the Police Department which required her to ~a location
withi!! 20 minutes of being notified. She had a car parked in her driveway and she had to call the Police
Department and told them she had a problem and would be late in responding. She spoke to the person and
they moved their car but it was parked far away from the curb which caused the vehicle to block traffic on
the street. Security on the block had decreased. She did not fully blame the parking, but there was a lot more
movement In the area. She also said that in the vicinity of Third Avenue and Shasta Street, vehicles made
illegal U-tums on Third Avenue. She was in favor of permit parking for vehicles.
G_va Glenn, 260 SlYsta Street, Chuia Vist... CA 91910, was in favor of time limited parking. Vehicles
had difficulty backing out of driveways because of the traffic. She agreed with Ms. Quinne that traffic was
noisy and the alarms were a constant nuisance. The area did not become quiet until 5:30 or 6:00 p.m. when
the vehicles left. There was no parking for visitorsJer,the residents. She felt it was the fault of the clinic who
instructed some employees to no longer park in t~Tstructure. Many of her neighbors were interested in
getting parking restrictions on the street.
Commissioner Smith asked Ms. Quinne that if motorists only parked for two hours would that make residences
safer. If traffic was restricted for two hours, there would be more traffic in and out.
Ms. Quinne stated that her first preference was for permit parking, but if that was not available, then two hour
parking would be beneficial because employees would not want to park in an area where they would have
to move their cars every two hours. She suggested an arrangement with the courthouse for parking for the
clinic employees.
Chair Thomas asked Sgt. d' /\blaing if the area could be part of the parking enforcement area.
Sgt. d'Ablaing said he would instruct the parking control officers to patrol the area. There had been employees
of Reese-Stealy cited on the side streets. If residents phoned the Police Department when a vehicle blocked
their driveway, an officer would respond and the vehicle towed and impounded.
Hal Rosenberg said the street was a public street and staff couldn't establish restrictions that favored residents.
All staff could accomplish was control parking by establishing time limits or permit parking. Time limited
parking would discourage much of the parking. The curbs in the area did not lend itself to painting because
of the rolled feature.
Vice Chair Padilla said when the Commission heard the item in 1992 that employees had received direction
not to park in the structure and asked if the employees were still obeyina the agreement.
Frank Rivera said the situation had Improved for short period in 1992, but had retumed to the same problems.
The project had been approved with the condition that It would not Impact the nelahborhood. Sharp Reese-
Stealy had recently changed 26 parking stalls in the structure to permit only and not available to the employees
or patients.
Hal Rosenberg said staff would check to see if there had been a violation of the conditional use permit.
MSUC (11lolMIIPIttI) dial the ana ..ch.o ....... a petition to ...ft ___ !II'" a desire to estabIlth 11_
limited ..- IlL.. wiIhin the aftKted .1.... -
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8"/'/
AREA
PLAT I
EXHIBIT 0
DATI
9/1/94
----------
Sharp Rees-Stealy On Site Parking
Parking Spaces Available
Day of Week Date Tille of Day (78)Upper Level (74)Lower Level
50 + 26P + 2HV 66 + 4D + 4L
Friday 6/5/92 2:00 P.M. ----25 Counted as One Unit----
Tuesday 6/9/92 3:00 P.M. ----38 Counted as One Unit----
Wednesday 6/17/92 9: 15 A.M. 13 44
Wednesday 6/17/92 11: 30 A.M. 21 35 + 2D
Wednesday 6/17/92 4:00 P.M. 27 32 + 3D
Monday 4/25/94 1: 15 A.M. 10 14 + 3D
Tuesday 4/26/94 3:00 P.M. 16
Wednesday 4/27/94 9: 15 P.M. 17 21
Friday 7/1/94 2:00 P.M. 17 + 10P 7 + 1D
Friday 7/15/94 3:30 P.M. 18 + 10P 16 + OD
Monday 7/18/94 3:30 P.M. 12 + 11P 8 + 1D
Thursday 7/21/94 9:00 A.M. 21 + 13P+ 2HV 21+ 2D
Thursday 7/28/94 9:45 P.M. 10 + 9P + 2HV 3 + 2D + 4L
Thursday 7/28/94 1 : 15 P.M. 25 +13P + 2HV 26 + OD + 3L
*NOTE : HV '" HandiVan Spaces
L '" Loading Zone Spaces
D '" Disabled parking Spaces
P '" Permit parking Only Spaces
(e. \llEIIIIS\PMICREES.IlllC) H"I5' EXHIBIT E
.... .'
t.
229
~
ExhiMt B
Conditions of Approval
J. H. Hedrick Co.
521-525 Third Avenue
TC/DR 82
CONDITIONS OF APPROVAL
a. Details of the proposed fine arts feature will require review and
approval of the Design Review Committee.
--
b. The proposed 5 ft. high masonry wall located on the north property
line shall be treated with exterior plaster to match the parking
structure or building.
c. Right-of-way dedication and street improvement transition on -H"
Street shall be reviewed and approved by the City Engineer.
d. The applicant will be required to provide 151 parking spaces on site
of which 25% will be allowed to be compact spaces.
e. The appropriate number of employee parking spaces shall be designated
on the upper level of the parking structure.
f. Vehicle ingress and egress on Third Avenue and -H" Street will be
restricted to right turns only.
WPC 2293H
~"'I"
EXHIBIT F
.
.
~Vt--
r.[CE;..:::; :: ~~ ~
.Ii f OF CrltiL.t. '.',SJA ~~~~
!:"'Ill. 'l'fOO -...." _ .
"_'.'.J ":~:'.; ~ ...;~;:l~ OlYOF
19~1 AlIG -5 CHULA VISTA
h ~O~JiITY DEVELOPMENT DEPARTMENT
~~'i,;20-1"'IfO
July 24, 1992
File: CY-OlO
Ms. Carmen Arias
Site Manager
Sharp Rees-Stealy Medical Group
525 Third Avenue
Chula Vista, CA 91910
SUBJECT: ON-STREET PARKING FOR EMPLOYEES AT SHARP REES-STEALY MEDICAL BUILDING
It has come to our attention via the area business owners and residents that
employees of the Sharp Rees-Stealy Medical building are parking all day on
Third Avenue and Shasta Street, effectively eliminating all of the on-street
parking in the immediate area. Some of the area businessmen have questioned
employees of the Sharp Rees-Stealy building about the all day parking and were
told that a memo requiring employees to not park in the parking structure was
in effect.
On June 10, 1986, the Redevelopment Agency approved Resolution Number 694 for
the construction of the above mentioned medical building subject to several
conditions of approval (see attached). One of these conditions of approval
was that the upper level of the parking structure provide and be designated
with the appropriate number of employee parking spaces. This condition was
specifically incl uded so as to not adversely impact businesses and residents
in the vicinity due to the large number of vehicles this _dical })uilding
would generate.
Field investigations of the number of available parking spaces in the parking
structure over the past few weeks shows that there are at least 20 to 60 empty
parking spaces throughout the day, most on the upper level where the
designated employee parking is supposed to be. This is to request that you
comply with your conditional use permit.
Within the next few weeks, the Public Works Department will be installing
2-hour parking signs on Third Avenue along the east curb line from Shasta
Street south to I Street and evaluating the need to extend the 2-hour parking
limit or establ ish an on-street parking permit district on Shasta Street to
alleviate the need for short term on-street parking for both businesses and
residents in this area.
,(;"/7
EXHIBIT G
.n.::. i:'nIIRTI-I .a.V~/("..w11l .6.. VI~T.a. r..ALI~nR:NIACII1Q10"6'9' &11-5047__
Sharp Rees-Stealy Medical Group
Page 2
July 24, 1992
If you have any questions regarding this matter, please do not hesitate to
call me at 691-5047.
Sincerely,
C,L. ~
Christopher Salomone
Community Development Director
CS/fxr:WPC 6082E
Attachments
cc: Steven M. Lash, Assistant Treasure for Sharp Properties
Benjamin Snyder, Administrator
City of Chula Vista Public Works Department
8'-18'
city of Chula Vista
Department of Public Works
276 Fourth Ave.
Chula Vista, CA.
September 8, 1994
Glentemen:
We the residents of Del Mar Ave., Shasta & Whiteny Streets are
infuriated at the inconvenient, dangerous a~d troublesome situa-
tion created by the many cars which are using all available park-
ing spaces in front of our properties. This is a daily occur-
rence from early morning until late evening.
The people using our streets to park are either employees or
patients of the Sharp Medial Clinic on 525 Third Avenue.
This use is not only inconvenient, but is also potentially
dangerous, our streets are very narrow and they have no side-
walks, thus, in order for us to walk down our own street, we can
do so by walking in the middle of the road.
The people parking on our streets are also generating a lot
of trash. This is an eyesore. Our streets look tacky with
the trash and the over crowded appearance.
This is causing a depreciation in the value and is driving
away potential buyers or tenants to our properties.
More important to all of us, of course is the safety of the
children darting out between tightly parked cars, could be killed
or injured, in this event the city could face devastating
law suits.
As our City officials it is your responsibility to quickly
remedy this situation. The Clinic should no have been allowed
to do business, if it did not in fact, povide ample parking to
is employees and patients.
We hope to see immediate action on your part to resolve
this problem.
Sincerely yours.
~~
Anna Alcazar
EXHIBIT H
8"" /9
Safety Commission Minutes
September 8, 1994
Page 6
8. REPORT Affirming Trial Traffic Regulation #138 . Increased Speed Limits in Certain Zones - 600
Block of Naples Street
Frank Rivera presented staff's report.
Commissioner Liken asked if the elementary school had any comments on the increased speed limit.
Frank Rivera said the school principal had been notified eight months ago before the trial traffic
regulation was installed and he was not heard from.
Commissioner Miller had received a call from the principal of Harborside a few months back and he was
concerned about the speed on Naples Street. The principal had indicated that speed was a problem and
he wanted to address the Commission about insts1ling speed humps in the area. She said when the
original request was submitted, Broadway was being re-surfaced and that caused many problems. She
asked staff if they had informed the principal that the item was scheduled for the Safety Commission
meeting.
Frank Rivera said he believed that the principal had been informed but he could not be sure.
Commissioner Miller said motorists were supposed to decrease speed when children were present, but
the principal said that was not happening.
MSUC (Smith/Pitts) to recommend to the City Council that Council pass an ordinance
affirming the trial traffic regulation and make the speed limit permanent.
9. REPORT on request for time limited parking 500 block of Del Mar Avenue and 200 blocks of
Shasta Street and Whitney Avenue
Frank Rivera presented stairs report.
Chair Thomas asked staff if they verified that Sharp Reese Stea1y (SRS) had met conditions of their
Condition Use Permit (CUP).
Frank Rivera responded that the conditions of the CUP had been met.
Commissioner Smith said as he viewed the random counts of on-site parking spaces for SRS, there were
always parking spaces available throughout the day. He asked how many spaces were occupied by
employees versus patients.
Frank Rivera said it was difficult to distinguish. After July 1994, the employees were given permits for
parking; however, before July I, there was no way to distinguish the cars. Since there were spaces
available through the day, staff concluded that it was not only SRS employees impacting the
surrounding streets, but other businesses as well.
Commissioner Smith felt that SRS was being singled out and it could be the courthouse that was also
causing problems.
Carmen Ariaa, Site Manager, Sharp Reese Stealy, 625 Third Avenue, Chula. VISta, CA 91910,
said she was neutral on the two hour parking limits. SRS encouraged employees to park on H Street
~" ..20
UNOFFICIAL MINUTES
EXHI8IT I
Safety Commission Minutes
September 8, 1994
Page 7
which many of them opted to do. The problem was coming from a combination of businesses. There
were 58 employee designated parking spaces out of a total of 151 spaces. There were other businesses
that used the SRS parking structure such the chiropractor and courthouse. The St. Rose of Lima
Church also used the SRS parking lot on Saturdays and Sundays and during special occasions, such as
funerals. The problem time was in the morning when the older patients visit the clinic. Any employee
scheduled to work the 2:00 pm shift was allowed to park in the upper level of the structure. There were
residents who parked in the SRS structure at night because their apartment complex only allowed one
space per resident. SRS wanted to be a good neighbor and work with the community. SRS employees
had encountered a hostile environment with some of the residents in that nasty notes were left. on
windshields and cars were scratched. SRS employees were parking in a lot north of H Street and many
using the parking lot next the KFC on Alvarado Street and Third Avenue. If SRS required all
employees to park on site, that would mean the patients would have to park on the street which would
be difficult for them.
Commissioner Smith said he initially felt the problems was caused by SRS, but now felt it could be
pecple reporting for jury duty at the courthouse since that was an eight hour commitment. If it was
pecple from the courthouse, two hour parking would be beneficial because it would eliminate parking
on the streets.
Commissioner Liken said the proposal for limited parking did not include Twin Oaks even though they
were indicated on the map.
Frank Rivera said Twin Oaks was not recommended since only the frontage on Shasta Street was
affected.
Anna Ale<uar, 663 Del Mar Avenue, Chula Vista, CA 91910, said the problem existed every day
and the vehicles parked tightly together. Only one car could go through the street at a time and
pedestrians were required to walk in the center of the street. If a child darted into the street, they
could not be seen due to the number of cars. The problems started in January 1994 and vehicles had
never come from the courthouse because everyone who parked on Del Mar wore white uniforms. She
did not mind two hour parking. She did not water her lawn because she might water the cars and was
afraid of retribution from vehicle owners. The properties were dropping in value. She owned three
houses on Del Mar. It was difficult for her to rent one of her houses because the prospective tenants
saw the parking problem on a monday and changed their mind.
Martha Quinne, 660 Del Mar Avenue, Chula Vista, CA 91910, had collected signatures on a
petition from neighbors asking that something be done about the parking problem. She discovered that
most residents were having a problem. She wanted to work with the neighbors and 1iked having SRS
close by. There were a few residents who did not sign the petition for fear SRS would leave the area.
A majority of the parking in the area was by SRS employees because of their uniforms. There were
times when she requested SRS employees not to block her driveway. Motorists were also making U.
turns on Shasta Street and Third Avenue. Some residents were apprehensive about the two-hour
parking because of the fact that family came to visit. The residents wanted to know if exclusive parking
for them was available because family members had bean cited in the areas that had two-hour parking.
Many residents had phoned her and asked for exclusive parking if possible. Residents wanted the
problem resolved.
Chair Thomas commented that it was a public street and there was no possibility of having exclusive
parking on a public street.
8'" ,)./
UNOFFICIAL MINUTES
EXHlItIT J
Safety Commission Minutes
September 8, 1994
Page 8
Commissioner Smith asked Ms. Arias what the maximum number of employees was during the day and
if they had a carpooling program.
Ms. Arias responded that there were 95 employees including physicians. The evening clinic would have
approximately 20 employees. Many employees carpooled and parked at lots on Alvarado Street and H
Street. SRS tried to find a lot that could be leased for employee parking, but employees were opposed
to paying for parking. SRS had contacted the City Planning Department to see if they had any lots that
could be purchased.
Commissioner Smith asked the average length of an employee's shift and verified that no one worked
a two hour shift.
Ms. Arias responded that it could be an eight hour day or a four hour day and said there were no two
hour shifts. It would be difficult for an employee to move their vehicle every two hours. She said there
were other businesses whose employees wore white uniforms. There were also motorists using the
underground SRS parking and walking across the street to various other businesses.
Vice Chair Padilla asked if there were periodic checks to ensure that the CUP was being complied with.
Frank Rivera said unless a complaint is received, there was not usually an investigation. A CUP was
issued for a specified period of time and when the time expired, if there was history of complaints and
investigations, the CUP might not be re-issued.
Chair Thomas said that two-hour parking was designed to prohibit long term parking and that was what
the Commission was trying to accomplish.
Commissioner Liken said some of the residents felt the two-hour was too restrictive for them. He asked
if the City could issue a permit giving more than two hour parking to relatives and friends.
Frank Rivera said the Municipal Code was specific and indicated that permits were to be issued only
to residents when proof of registration and proof of residency was shown. Other residents with permit
parking were advised to have their guests park in the driveway and the residents park their vehicles
on the streets, since their vehicles were exempt. There was no guest parking permit.
Hal Rosenberg said there was a legal issue of equity for the public. An attorney would rule that
favoring one section of the motoring public would not be permissible. There needed to be a uniform
policy.
Vice Chair Padilla said it was sad that a homeowner had to be concerned about whether a car would
be cited because businesses were impacting the streets.
MSUC (ThomaslSmith) to recommend to the City Council that an "8:00 am to 6:00 pm except
Sundays and Holidays" two hour time-limited parking area be implemented on the following
streets: 1) Shasta Street between Del Mar Avenue and Twin Oaks Avenue; 2) Whitney
Avenue from east curbline of Third Avenue for :I: SGO' on both sides; and S) Del Mar Avenue
from BOuth curbline of Shasta Street for :I: 2GO' on both side&
10. Oral Communications - None.
~,;.;...
UNOFFICIAL MINUTES
EXHIBIT I
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 10/25/94
Public Hearing on Billing Residential Sewer Charges on the County Property
Tax Bill and Non-Residential Sewer Charges In-House Starting July I, 1995
Resolution 17 1,' J Declaring the City's intention to transfer sewer
charges from the Sweetwater Authority and Otay Water District bills effective
July I, 1995, and directing staff to proceed with the steps necessary to bill
residential sewer and storm drain charges on the County property tax bill and
non-residential and mobile home park charges in-house.
Director of Public Works ~
Director of Finance/'y"'"
Director of Management and Information Services1ll
City Manager (fe. /:t JI (4/5ths Vote: Yes_No..x.)
Otay Water District and Sweetwater Authority notified the City of Chula Vista that they wished to
terminate the agreements to provide joint water/sewer billing effective July I, 1993 Since joint billing
has been a convenient and effective method of billing sewer services for the City and its customers,
City management and City Council asked the water districts to extend the joint billing agreements.
The City was successful in postponing the separation of billing for three years. In return for
Sweetwater Authority agreeing to extend the deadline to July I, 1995, the City agreed in writing to
meet the deadline. Both water districts have expressed strongly to the City that the 1995 date is fIrm.
During this time City staff has been studying several alternatives for billing sewer service. In June
1994, following presentation of an in depth study of billing alternatives, City Council directed staff
to proceed with plans to transfer sewer billing from Sweetwater Authority and Otay Water District to
the County property tax rolls for residential customers and to an in-house billing system for business
customers effective July 1, 1995 At Council direction, an extensive public information plan has been
implemented to inform the customers of the impending change and to hear and address customers'
concerns.
RECOMMENDATION: That Council adopt the Resolution declaring the City's intention to transfer
sewer and storm drain customer billing from the Sweetwater Authority and Otay Water District bills
effective July 1,1995, and directing staff to proceed with the steps necessary to bill residential sewer
and storm drain charges on the County property tax bill and non-residential and mobile home park
charges in-house.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Currently, the City contracts with Sweetwater Authority and Otay Water District to process sewer bills
and payments for Chula Vista customers except for those customers who are in the old Montgomery
Sanitation District. The 3,700 customers in the Montgomery area are currently billed annually on the
County property tax bill - the same billing method used prior to annexation. For Sweetwater
Authority customers, both sewer and water are billed bimonthly Otay Water District bills the joint
9-/
Page 2, Item~
Meeting Date 10/25/94
customers monthly All single family accounts are billed a flat rate of $16.70 per month. Single
family accounts includes all accounts that have individual water meters owned by the water district
in each dwelling unit. Multi-family residential accounts are billed $1 67 per hundred cubic feet of
water used, with a maximum amount of $16 70 per dwelling unit. Commercial accounts are billed
both on water usage and strength of pollutants. Many mobile home parks are submetered with the
master meter charges broken down by the park management and passed on to the residents.
Otay Water District and Sweetwater Authority have officially notified the City of Chula Vista that they
intend to cease sewer billings for the City as of July 1, 1995 While in the past the City has been
successful in convincing the water districts to continue the joint water and sewer billing, both districts
have indicated that the 1995 date is firm.
On June 3, 1994, City Council accepted Supplemental Budget Report #29 (Attachment B), directing
staff to proceed with plans to transfer sewer billing from Sweetwater Authority and Otay Water
District to the County tax rolls for residential customers and to an in-house billing system for business
customers effective July 1, 1995 The recommendation to bill residential customers on the tax rolls
and commercial customers in-house was the result of an in depth fmancial analysis of various
alternatives.
The alternatives studied and major points considered are contained in Attachment B and summarized
below All alternatives studied maintain the current County tax roll billing for the Montgomery area.
Alternative
Start-up and
One-Time Costs
On-going
Annual Costs
1.
Residential on county tax roll,
non-residential in-house 74,470
(RECOMMENDED ALTERNATIVE)
a. no additional staff
b. keeping commercial in-house provides
more accurate billing since billing
based on strength as well as water usage
c. relatively low costs
285,254
2.
All on tax rolls 135,836
a. no additional staff
b higher potential for billing errors
for commercial accounts when type of
business changes
c. high start-up and low on-going costs
224,186
3
All in-house, contracting out mailing
and lock-box services 73,934
a. additional staff needed (1.5 FTE)
b resembles current billing
c. high on-going costs
d. where tenants pay, uncollectibles will
be the obligation of the owner
9-.,,2..
451,820
Page 3, Item~
Meeting Date 10/25/94
4 All on water district computers with
separate bills generated, contracting
out mailing and lock-box services 53,175 464,471
a. alternative that involves a
separate sewer bill, but contracts
out the billing service
b additional staff needed (1.5 FTE)
c. resembles current billing
d. high on-going costs
e. where tenants pay, uncollectibles will
be the obligation of the owner
5 Current method (Montgomery on tax rolls,
remaining on water bills) 0 389,270
a. status quo - no change for customers
b water districts indicate this is not
an alternative (used in the study for
comparison purposes only)
While start-up and on-going costs were major factors in the recommendation to bill residential on the
County property tax roll, other factors were taken into account. The customers from the old
Montgomery Sanitation District are already on the tax rolls. It has proved to be a very satisfactory
billing method. The one-time adjustments needed in landlord tenant agreements, condo/home owner
association arrangements, impound accounts and personal budgeting have to be weighed against the
on-going savings from billing residential charges on the property tax rolls.
Besides the City of Chula Vista, the County property tax bill is used for collecting sewer service
charges by the cities of Coronado, Imperial Beach, Encinitas, Carlsbad (some portions), Lemon Grove,
Alpine, Lakeside, Spring Valley, Winter Gardens and the unincorporated areas of the County The
cities of San Diego, Del Mar, Escondido, Oceanside, Poway, and portions of Carlsbad provide both
water and sewer service and bill them jointly La Mesa and El Cajon previously billed jointly with
Helix Water District, but they have issued separate sewer bills since 1992. National City is billing
jointly with Sweetwater Authority and faces the same July 1, 1995 deadline as Chula Vista. National
City has not yet determined what their billing method will be.
Water districts have a very low rate of uncollectibles since discontinuing water service is a powerful
incentive to pay the bill. Once sewer charges are separated from the water bill, the City loses this
incentive. Placing the charges on the property tax roll is also an effective means of achieving a low
rate of noncollectibles. By state and local law, sewer charges are a debt of the owner of the property
served.
For the commercial and mobile home park accounts that we would bill in-house, the property tax bill
would be the ultimate means of enforcement used. If the charges become delinquent, the City has the
authority, through proper procedures, to place a lien on the property to collect the delinquent sewer
charges and associated costs. While this provision to put a lien on the property has not been used in
the past, it will become an important enforcement mechanism once sewer charges have been separated
from the water bill.
9-3
Page 4, Item 9
Meeting Date 10/25/94
San Diego Area Waste Management District (SDAWMD)
The June 3 Supplemental Budget Report also specified that staff would report back to Council on the
status and timing of potential customer billing by San Diego Area Wastewater Management District
(SDAWMD). Subsequent to the last report to Council on the change in sewer billing, Chula Vista
has withdrawn from the SDA WMD There is uncertainty whether SDA WMD will continue to exist.
At this point, it is extremely doubtful that Chula Vista's sewer charges would be billed by the
SDA WMD Thus, while that was a consideration in the past, it is no longer an option for the
SDAWMD to take over the billing in a timely manner
Public Information Efforts
Recognizing that a change from receiving a joint water/sewer bill to receiving sewer charges placed
on the tax roll is a significant change for residential customers, the City has embarked on an
information program to make the customers aware of the impending change being planned and to give
them time to prepare for it and express any concerns. While the change from joint sewer/water billing
to separate monthly or bimonthly sewer billing is not such a significant change for commercial
customers, they were included in the information program.
. Informational letters for all sewer customers and property owners were delivered to the U.S.
Post Office October 1 Per the Post Office, with bulk mailing, letters should have all arrived by
October 8 Our telephone contacts with customers indicate the first letters were delivered October 3
The letter a customer received was tailored to the particular situation. Separate letters were sent to
owner-occupied homes; renters now paying sewer charges to the water companies and owners of rental
property; condominium owners; mobile home park owners, managers and tenants; and commercial
property owners and tenants (Attachment C). The letters contained the following information.
1 Explained the proposed change in sewer billing to be implemented July I, 1995
2. Invited the recipients to a public information meeting to answer further questions.
3 Announced the public hearing at the City Council meeting on October 25
4 Listed telephone numbers from the City and the appropriate water district where
question could be answered.
5 Listed telephone numbers where questions could be answered in Spanish and on a
telephone device for the deaf (TDD).
6. Gave information on special accommodations for meetings to comply with Americans
with Disabilities Act (ADA).
Total letters sent: 38,908
. Public information meetings were held the week of October 10. While the customers were
welcome to come to any meeting, each meeting was designed to answer the particular questions of
each group of customers.
Homeowners/renters: Monday, Oct. 10, 6 to 8 p.m.
Commercial/industrial: Tuesday, Oct. II, 1 to 3 p.m.
Condominium/apartment owners. Wednesday, Oct. 12, 4 to 6 p.m.
Mobile home park owners, managers & residents: Thursday, Oct. 13, 4 to 6 p.m.
Total number attending the information meetings: 91
'i'/f
Page 5, Item~
Meeting Date 10/25/94
. Telephone questions and comments were received in both English and Spanish from 147
customers.
SUMMARY OF NUMBER OF LETTERS SENT AND RESPONSES
Total Number of Number at
CATEGORY Letters Telephone Calls Public
Sent Received Meetings
Residential-owner occupied 20,332 94 35
Residential-owner of rental 3,445 16 10
Residential-tenant of rental 3,702 4 0
Mobile Home Park resid/mgr/owner 3,818 11 23
Apartment owner 1,256 5 4
Condominium owner 5,298 13 15
Commercial property & business 1,057 4 4
owners
TOTALS 38,908 147 91
The issues and concerns brought up at the public information meetings and on the telephone, along
with staff responses, are summarized in Attachment A. 56.2% of the people contacting the City
wanted information only The majority of the people who opposed the change in billing preferred to
have the water districts continue joint billing. The most common issues raised are listed below
Landlords expressed concerns that they could not increase rents when the bill is switched from the
tenant to the property owner, even though the tenant's water bill would be lowered by a comparable
amount. Staff Response: Tenants were notified in their letters that the flat sewer charge of $16.70
per month would be switched from them to the owner and, as a result, water bills would decrease and
rents may be increased
Homeowners expressed difficulty in budgeting for payment on the property tax bill. Staff Response.
Homeowners with an impound account will be making the sewer payment as part of their monthly
mortgage payment. Homeowners without an impound account will be making payments in December
and April rather than monthly or bimonthly. In both cases, the total paid for the year will be the
same as with the current joint water/sewer billing.
Some people were opposed to billing on the property tax bill on moral grounds or as a violation of
Prop 13 Staff Response: Sewer charges are not a tax, but a fee for service, thus they do not violate
Prop 13. The City's ability to bill sewer on the property tax bill is contained in the State Health and
Safety Code and in City of Chula Vista Code. Chula Vista as well as several other cities already bill
sewer customers on the property tax bill.
9:5'
Page 6, Item~
Meeting Date 10/25/94
Condominium owners were concerned that the savings from the sewer charges being removed from
the water bill would not be passed on to the condominium owners. Staff Response: Condominium
owners were notified of the proposed change, even though they are not now individually billed, so that
this can be worked out with their home owners' association. It also gives owners time to plan for the
charges on their individual property tax bill.
Mobile home park residents were concerned that allowing the mobile home park owner to have the
charges on the property tax bill could result in violation of the State Mobilehome Residency Law
Staff Response: As a result of this concern, the unique state and local laws dealing with mobile home
parks, and the preponderance of submetering, staff recommends that mobile home parks be billed in-
house.
. Letters were sent to the Chamber of Commerce, the Downtown Business Association, the
Broadway Business Association and the Bonita Business and Professional Association informing
these organizations of the future changes in sewer billing, inviting their members to the public
meetings and offering to address their organizations on the topic. (Attachment D)
Concerns expressed by a Chamber of Commerce subcommittee and the City response are addressed
in Attachment F Also in Attachment F is a letter received from The San Diego County Apartment
Association and responses of City staff.
The Chamber of Commerce's primary concern is with the single family rental unit where the tenant
now pays the water and sewer bill. The sewer charge would be shifted from the tenant to the property
owner after July 1, 1995 Staff Response. With the property owner ultimately responsible for unpaid
sewer charges, placing the charges on the property tax protects the property owner from a tenant
incurring the costs and then leaving the rental with the bill unpaid Both the property owner and
tenant were notified that the shift in charges may result in a comparable increase in rent. This would
be offset by the tenant's water bill decrease once sewer is removed The current flat rate for single
family sewer charge is $16.70 per month or $200.40 per year
Following receipt of a letter from the San Diego County Apartment Association (SDCAA), City staff
met with four representatives. SDCAA has 292 members in Chula Vista divided between multifamily
apartment owners and single family rentals. They expressed the same concern as the Chamber of
Commerce on the raising of rents for single family units where tenants now pay water/sewer They
made the point that rents are decreasing and they don't see how they could raise them even though
tenants' water bills would be decreasing.
For apartment complexes, the SDCAA felt that basing sewer charge on water usage from the previous
twelve months prior to putting the charges on the property tax bill does not promote water
conservation. It could also lead to inequities, particularly in the case where an apartment complex
owner retrofits toilets and showers to save water usage. Staff Response: Water usage will still be the
basis for sewer charges even though the charges would be placed on the property tax bill. Staff feels
that there can be an appeal process where documented decreases in water usage due to retrofitting
could be given a rebate.
. News releases were sent to the local media (Attachment E) and the Public Hearing was
advertised in the Star News.
9-"
Page 7, Item~
Meeting Date 10/25/94
. Additional Notification. Copies of this agenda statement are being sent to the Chamber of
Commerce, the Downtown Business Association, the Broadway Business Association, the Bonita
Business and Professional Association, the San Diego County Apartment Association, members of the
Mobilehome Rent Review Committee and Fred Dufresne and Ed LaPierre, GSMOL representatives
(mobilehomes ).
Future SteDs
Staff has formed various staff subcommittees to look at the issues involved and the steps needed to
accomplish an orderly conversion from joint sewer/water billing to billing residential customers on
the tax bill and commercial customers in-house. As specific issues are identified, staff may need to
bring minor municipal code changes to the City Council. City staff is working with the Sweetwater
Authority and Otay Water District staffs to convert the current billing information from the two district
systems to the proper format needed to proceed with City sewer billing. For billing the commercial
customers in-house, staff is reviewing sewer billing microcomputer software and hardware.
Arrangements are being investigated for mailing and lockbox services.
In the May/June 1995 time frame, City staff will receive estimates of charges from the San Diego
Metropolitan Wastewater Division and will propose the rates for FY95-96. At that time staff will
return to Council for Council to set the rates prior to submitting residential billing data to the County
Auditor and Controller By City Code and State Law, this will require a public hearing and 4/5th vote
of Council. Additionally, placing the sewer charges on the tax bill is subject to majority protest. The
first year we put the charges on the tax roll, the City will need to notify all property owners of the
public hearing. Thus, we will again be sending out individual letters. If the owners of a majority of
separate parcels protest, then the charges must be collected separately from the tax roll.
Further public information efforts will include articles in the "Chula Vista Quarterly" and the news
media and information included with the water bills.
FISCAL IMPACT:
For billing residential customers on the County property tax bill and commercial and mobile home
park accounts in-house, there will be a reduction in the sewer budget of $105,000 in FY95-96 and
subsequent years for ongoing sewer billing costs. Start-up costs of $75,000, including funds for public
information and equipment, are budgeted in the FY94-95 operating budget.
Annual cost of billing jointly with the water companies
Estimated annual cost of proposed billing (tax roll/in-house)
Annual difference in billing costs effective FY95-96
$ 390,000
$(285.000)
$ 105,000 reduction
For the other alternatives studied, the annual on-going costs compared to the current joint billing
would be as follows:
Bill all accounts on the tax roll
Bill all accounts in-house
Contract out separate billing (to water districts)
$165,000 reduction
$ 62,500 increase
$ 75,000 increase
9-'1
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Attachment A.
Attachment B
Attachment C:
Attachment D'
Attachment E.
Attachment F
Attachment G:
smc:scwl025c.cc
Page 8, ItemL
Meeting Date 10/25/94
Summary of telephone calls and public information meetings and staff
responses
Supplemental Budget Report #29, June 3, 1994
Informational letters sent to customers
Letters sent to business associations
News release
Letters received concerning sewer billing change and staff responses
Minutes from June 13, 1994 budget hearing
KY-081
9-Y
~lJ
RESOLUTION NO. 1'7/'93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE CITY'S INTENTION TO
TRANSFER SEWER CHARGES FROM THE SWEETWATER
AUTHORITY AND OTAY WATER DISTRICT BILLS
EFFECTIVE JULY 1, 1995, AND DIRECTING STAFF TO
PROCEED WITH THE STEPS NECESSARY TO BILL
RESIDENTIAL SEWER AND STORM DRAIN CHARGES ON
THE COUNTY PROPERTY TAX BILL AND NON-
RESIDENTIAL AND MOBILE HOME PARK CHARGES IN-
HOUSE
WHEREAS, Otay Water District and Sweetwater Authority
notified the city of Chula vista that they wished to terminate the
agreements to provide joint water/sewer billing effective July 1,
1993; and
WHEREAS, since joint billing has been a convenient and
effective method of billing sewer services for the City and its
customers, city management and City Council asked the water
districts to extend the joint billing agreements; and
WHEREAS, the City was successful in postponing the
separation of billing for three years and, in return for Sweetwater
Authority agreeing to extend the deadline to July 1, 1995, the City
agreed in writing to meet the deadline; and
WHEREAS, both water districts have expressed strongly to
the City that the 1995 date is firm; and
WHEREAS, during this time City staff has been studying
several alternatives for billing sewer service and in June 1994,
following presentation of an in depth study of billing
alternatives, city Council directed staff to proceed with plans to
transfer sewer billing from Sweetwater Authority and Otay Water
District to the County property tax rolls for residential customers
and to an in-house billing system for business customers effective
July 1, 1995; and
WHEREAS, at Council direction, an extensive public
information plan has been implemented to inform the customers of
the impending change and to hear and address customers' concerns;
and
WHEREAS, on October 25, 1994, the City Council conducted
a public hearing regarding the transfer of the sewer charges.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby declare its intention to transfer
1
9''/
sewer charges from the Sweetwater Authority and otay Water District
bills effective July 1, 1995.
BE IT FURTHER RESOLVED that staff is hereby directed to
proceed with the steps necessary to bill residential sewer and
storm drain charges on the County property tax bill and non-
residential and mobile home park charges in-house.
Presented by
~PZ ~ ~p,p~ by
Bruce M. Boog
Attorney
John P. Lippitt, Director of
Public Works
c: \ rB \ sewe rbil
2
9..../~
\
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Regarding billing residential sewer charges on the County Property Tax Bill
& non-residential sewer charges in-house starting 7/01195.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
October 25, 1994, at 6:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: October 12, 1994
~^,"-,~L
10 /15 3~.JA1<.
q - /;2-
NOTICE OFPUBUC HEAmNG
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of Chula Vista, California, for the purpose of considering a request for vacation of
street right-of-way. In accordance with ~ 8333 of the California Streets and Highways Code,
a street or portion thereof may be vacated by the City Council after a public hearing is held to
consider the matter. The vacation request was fIled by Cox and Associates, representing
Country Club Estates. Details are available in the Department of Public Works, Engineering
Division.
Staff is recommending that the vacation be granted by Council after fmding that all facts exist
warranting the vacation. If you wish to challenge the City's action on this matter in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City Council at or prior
to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL, in accordance with
Council Resolution ofIntention No. 17681, on Tuesday, November 1, 1994, at 4:00 p.m. in the
Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person
desiring to be heard may appear.
DATED: October 10, 1994
PUBLIC WORKS, ENGINEERING DIVISION
FILE NO. PV-057
9//)
-
COUNCll.. AGENDA STATEMENT
Item 10
Meeting date 10/25/94
Resolution I 'J(, '~approving amendment to agreement No. 94-04772V
and approving agreement No. 94-05798V with the Regents of the University of
California - Davis for granting an additional $48,000 for the Chula Vista
Telecenter to the Energy Conservation Fund for development of a second
telecenter, and amend, appropriate and approve budgets as listed in Table 1 and
amend the FY 1994-95 budget to include a temporary expert professional 1 0
FTE.
Resolution 17/, ''>:proving partial use of the Otay Ranch office for a
period not to exceed three months, as a temporary telecenter location while the
downtown telecenter is ready for occupancy, planned for December 15th, 1994
Resolution /7 (, 9 ~approving and authorizing the Mayor to execute a one
year lease agreement, with two I-year extensions, with Dr. Jorge Valerdi for
the downtown Chula Vista Telecenter at 311 F Street
Submitted by: Barbara Bamberger, ~~ironmental Resource Manage~~
Reviewed by' City ManageCGl ~&) (4/5tb Vote: Yes-L No-.J
On August 25, 1994 the City opeU its first telecenter at 1550 East H Street. The telecenter
should be at 42% occupancy by October 31st. As part of the City's contractual obligation to
its grantors, Caltrans and the University of California - Davis, a second telecenter site must be
opened by November 1st, 1994 Therefore, a lease agreement is before the Council for
approval for the downtown site. The downtown site is located at 311 F Street. However, due
to the fact that the construction schedule for the 311 'F Street building is behind, and that
projections are the building will not be ready until mid-December, staff has identified an
interim measure, which has been approved by its funding agents, to utilize existing space at
city hall as a temporary site until the building is ready for occupancy Therefore, staff is
proposing temporary use of the Otay Ranch office from a period not to exceed two months,
November 1 - December 30th, 1994, in order to avoid the withdrawal of grant funding due to
the construction delay at the downtown site. The Otay Ranch office would be used only until
the permanent telecenter site is ready for occupancy, which is scheduled to be December 15,
1?94
Item Title:
In addition to the lease agreement, staff is requesting acceptance and approval of an additional
$48,000 in funding from the University of California - Davis, which is tied to the opening of
the second telecenter by November 1st. Staff further requests approval of the budget
established in Table 1 and of a new temporary position to help the city fulfill its contractual
obligation to implement technological partnerships, defined as "utilizing the telecenter for a
dual purpose that will assist in eliminating vehicular trips and making the telecenter self-
I~'I
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Page 2, Irem~
Meeting Dare 10/25/94
sufficient"
RECOMMENDATIONS: Approve resolutions:
1) approving amendment to agreement No. 94-04772V and approving agreement No 94-
05798V with the Regents of the University of California - Davis for granting an additional
$48,000 for the Chula Vista Telecenter to the Energy Conservation Fund for development of a
second telecenter, and amend, appropriate and approve budgets, as listed in table 1 and amend
the FY 1994-95 budget to include a temporary expert professional 1 0 FTE.
2) permitting partial use of Otay Ranch office for a period not to exceed three months, with
a thirty day extension as needed, as a temporary telecenter location until the downtown
telecenter is ready for occupancy, planned for December 15th, 1994
3) approving and authorizing the Mayor, with two I-year extensions, to execute a one year
lease agreement with Dr. Jorge Valerdi for the downtown Chula Vista Telecenter at 311 F
Street.
DISCUSSION:
In conjunction with the City's original agreement to create two telecenters, one in the
downtown area, and one serving the Eastern Chula Vista community, staff has identified and
retained additional funding to assist in this effort. The City has received an additional
$48,000 in funding from the Regents of the University of California - Davis to assist in
partnership development, staffmg and operation of the downtown telecenter. Staff is
recommending acceptance of these funds, approval of the budget, as established in Table 1,
approval of a new temporary position to assist in the development of specialized technological
applications for the telecenter and to develop techniques to make the telecenters a profitable
venture. Such applications include video conferencing for a variety of purposes (court
depositions, constituency meetings with congressional representatives, etc..), distance learning,
tele-medicine, city on-line services, to name a few
Because construction at the telecenter at 311 F Street will not be completed until mid-
December, coupled with the City's contractual obligations to open a telecenter by November
1, 1994, staff has come to a mutual agreement with the University of California - Davis to
open a temporary location until the permanent site is ready for occupancy However, the
temporary site must be open by November 1st. In order to expedite the process and to save
grant monies otherwise spent on rent for a temporary location, staff recommends utilization of
the Otay Ranch office for this purpose. The Otay Ranch office has three workstations
available, which are currently not being utilized. Each workstation has existing furntiture,
chairs, phones, etc.. negating the need to rent furniture and pay rent for the interim period,
saving up to $2,000 Staff will purchase computers, a fax machine and printer for telecenter
I~" ,2..
Page 3, Item I/)
Meeting Date 10/25/94
users, with the intention of making this use invisible to the Otay Ranch staff. Staff has been
in contact with the Otay Ranch staff and the Baldwin Corp regarding use of the property, and
all parties concur.
Telecenter Program
The primary goal of establishing a telecenter program is to enable residents to work out of the
telecenter one to five days per week. The City will develop two telecenters, both serving the
city's highest concentration of "information workers" - those residents who can work at their
current job at a site closer to home by using telecommunications equipment such as
computers, modems and telephones to stay in touch with their offices. The telecenters will
accommodate most computer hardware and software and allow individual commuters from
Chula Vista and the local area to telecommute from a centrally located facility, thereby
reducing the number of vehicles, the number of trips generated and promotes mode shift and
congestion reduction on the region's highway and road infrastructure.
A secondary goal is to develop partnerships that will assist in the goal of reducing and/or
eliminating vehicle trips by using the telecenters for a variety of purposes at off-commuting
hours. The City plans to establish the feasibility for state-of-the-art telecenter partnerships,
such as telemedicine, video-conferencing into Mexico, teleshopping, distance learning, and
other uses that can occur in the telecenter, instead of driving long-distances and across the
border.
Finally, the Telecenter will assist in the economic development of the Chula Vista community
by locating two telecommuting centers convenient to shops, restaurants and other public
establishments creating work opportunities close to local retail, housing, capturing home and
work shopping, reducing travel, and freeing-up local infrastructure resource demands.
311 F Street Site
Upon approval of the Valerdi lease by Council, this agreement will obligate the City to pay
"gross rent" at the rate of $1 17 per square foot for 1704 square feet, for a total yearly rent to
be $23,900. Included in the lease is a $17 per square foot tenant improvement budget to be
applied to the City's space, for a total tenant improvement budget of $23,613 The lease
includes a two year option to renew the lease at the existing lease rate with the first month
free for each of the two 1 year options, at the City's discretion. Lease payments are included
within the City's existing telecenter budget and all costs are reimbursable under existing
Caltrans/UC - Davis funding. The lease agreement is proposed to commence on December
15, 1994 - December 1, 1995 The telecenter space will come equipped with "smart" wiring
which will enable video-conferencing and distance learning capabilities, as well as provide
access to satellite linkages.
/&/pj
Page 4, Item /0
Meeting Date 10/25/94
The downtown telecenter will provide a "hi -tech" resource to Chula Vista residents, linked to
the East "H" Street, providing distance learning, video-conferencing and other applications
aimed at reducing traffic and eliminating vehicular trips. The downtown telecenter will be
developed as a model building designed to promote the use of environmentally-friendly office
furniture and finishes, with much of the furniture manufactured with recycled material. The
building will aim to demonstrate the potential of utilizing these products in a professional
office setting. Such products include high grade commercial carpeting made out of recycled
bottle caps, fabric partition walls made out of recycled milk bottles, ceiling tile developed to
reduce "sick building syndrome", and office desks and chairs containing post-consumer waste.
Telecenter Technology Director
Shortly before the opening of the telecenter in December, 1994, a temporary Telecenter
Technology Director will be hired for the purpose of technology development. This position
will work toward the full implementation of "partnership" development, as defined earlier, in
accordance with the goals and standards set forth by the City and its third party funding
sources for the Project, with the added goal of making the telecenter self-sufficient. The
Telecenter Technology Director (TTD), annually $30,000, will be responsible for all post-
opening activities relating to technology development for the Telecenter, its operations,
business development, management, and marketing. In close coordination with City staff and
other personnel, the TTD would be responsible for:
L General Duties:
. Financial accounting of revenues and expenditures
. Monitoring and evaluation reports as well as regular status reports for submittal to the
Caltrans, the County and the DC-Davis Neighborhood Telecenter Program
. Soliciting sponsors and financial resources for the telecenter
. Preparing proposals for funding and for subscription of clients to the telecenter.
. Ongoing assistance in the design, set-up and establishment of second telecenter,
to be opened mid-December 1994, including monthly written status reports consistent
with Caltrans contractual obligations required for telecenter funding for the second
site.
IL Partnership Development
. Refine existing business and marketing plan to include section on partnerships.
. Conduct study on the feasibility of a) offering telecenters as a concession to the
private sector, b) the use of new technologies for potential new partnerships and their
potential markets for telecenter use.
. Prepare feasibility analysis and partnership report for presentation to City and
CalTrans.
. Identify and implement at least 5 public/private alliances, based upon the most
I~'{
Page 5, Item / ()
Meeting Date 10/25/94
promising technologies determined from the feasibility study, for technological
partnerships within both telecenters.
. Build alliances with Community College Districts which support distance learning,
US-Mexican centers for cross-border trade promotion, hospitals in conjunction with
telemedicine, the County Courthouse for depositions via video-conferencing, local
high-schools, computer training businesses, etc..
In July and August of this year, staff held two separate recruitment processes to fill the
Telecenter Director position. During the recruitment process, approximately 30 candidates
were interviewed. OF those 30 candidates, an eligibility list of 14 candidates was established.
Since this list has been established, the "Telecenter Technology Director" position was
created. Several highly qualified candidates on the eligibility list for Telecenter Director have
been identified to underfill the TTD position.
FISCAL IMPACf:
Upon approval of the University of California - Davis contract, the City will realize an
additional $48,000 in grant funding. If Council approves the proposed budget, established in
Table 1, the City will realize a $48,000 increase in Caltrans grant funding by establishing a
new account under the Energy Conservation Fund - Telecenter UC Davis II account as 280-
2807, appropriating those funds to 280-2807, and amending account 280-2801, as stated in
Table 1 Therefore, $48,000 will be appropriated from the unappropriated balance of the
general fund to the Energy Conservation Fund to be reimbursed upon receipt of monthly
invoices detailing expenses of this contract and in accordance with the budget agreed upon in
the contracts with the University of California- Davis. Funds should cover operation for the
first 12 months; continued operation will require additional funds. Staff plans to apply for
additional grants for future funding of the Telecenter. Every effort will be made in planning
for the Telecenter to be self-sufficient after the first few years. If no additional grants are
received in the next year, there will be ongoing costs to continue operation of the Telecenter,
but those costs are unknown at this time and subject to City Council approval.. The range of
costs, based upon the first year budget, will be $80,000 - $100,000
Upon approval of the Valerdi lease by Council, this agreement will obligate the City to pay
"gross rent" at the rate of $1 17 per square foot for 1704 per square feet, which is a total of
$24,000 per year. The lease includes a two year option to extend the lease at the existing
lease rate for each 1 year lease term. Lease payments are included within the City's existing
telecenter budget and all costs are reimbursable under existing Caltrans/UC - Davis funding.
Within the grant, funds are specifically budgeted for lease payments. In the case that the
building is not complete by the designated "move-in" date, the lessor will owe the City one
free day rent for each day the building is not ready, and will be deducted from the first
/~:f'
Page 6, Irem / ()
Meeting Dare 10/25/94
month's rent. Therefore, if the building is not ready until January 1, 1995, the City will
deduct $965 from the first month's rent.
To fund the Telecenter Technology Director, staff will allocate $13,000 from the DC-Davis
Telecenter II account 280-2807 and transfer $19,000 from the Caltrans - Telecenter account
280-2806 to 280-2807 DC-Davis II account. Finally, the cost of establishing a temporary
telecenter for two months will be between $500-$2,000 These funds will come from the
grant sources.
ATTACHMENTS
~ 1)
\.} 2)
\: 3)
~ 4)
Table 1 - Budget for $48,000
Addendum to DC-Davis Agreement No 94-04772V
New DC-Davis Agreement No. 94-05798V
311 F Street Lease with Dr. Jorge Valerdi, Owner
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Agreement No 94-04772V
Amendment No. 1
AMENDMENT TO AGREEMENT
THIS AMENDMENT is made as of the _____ day of , 19__, by and
between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (hereinafter called
"University") and THE CITY OF CHULA VISTA (hereinafter called "CV")
BEgI:r"'1~:
WHEREAS, the parties have previously entered into that certain Telecenter
Services Agreement dated February 2, 1994 (hereinafter called "Agreement"); and,
WHEREAS, the parties now desire to amend Agreement in order to modify
certain provisions contained therein;
NOW, THEREFORE, the parties agree to amend Agreement as follows.
1. Effective upon execution hereof, the attached Exhibits, listed below and
dated October 6, 1994, replace the original Exhibits in their entirety.
Exhibit A-I'
Exhibit A-2.
Exhibit B.
Services
Project Evaluation
Budget and Payment Schedule
2. Paragraph 6 COMPENSATION, item A, is hereby amended to read as follows
"University shall pay an amount not to exceed $78,200 for services
as defined herein in accordance with the rates set forth in the
budget designated in the Exhibit B attached hereto and made a part
hereof. II
3. All other terms and conditions shall remain the same
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first set forth above.
UNI
.C>
By
By
/
Ti tle
Jo Clare ['C:O,'1: .,
B:JsiGess CO~~': 2:::t~ c.~ w _ ~
Title
/~..r
October 6, 1994
Agreement No. 94-04772V
Exhibit A-I
..
SERVICES
Background
A major portion of the Neighborhood Te1ecenters Program (NTP) involves
conceiving, implementing and assessing strategies for establishing viable telecenters. The
objective is to determine to the greatest degree possible those courses of action that are
effective in developing a successful telecenter. As such, the NTP is by nature evolutionary.
Revisions to the scope of activities are integral and a necessary part of conducting the
program. In order to ensure the success and continued viability of the telecenters
participating in the NTP, reassessments of activities and time lines have resulted in a
reformulation of certain requirements. This reformulation has taken the form of an
amendment to the Work Services (Exhibit A-I), Budget (Exhibit B) and Project Evaluation
Plan (Exhibit A-2) of the existing contract. Changes to the Work Services plan comprise: 1)
lowering the minimum occupancy rate from 25% to 10%; 2) deleting the requirement to
achieve a minimum 50% occupancy rate after six months; 3) eliminating dates specific for
activities and deliverables and; 4) revising training requirements to provide for site trainer
training. Other changes serve to enhance and clarify required deliverables and activities.
Additionally, University is requiring specific participant information as stipulated in the
revised Project Evaluation Plan. The revised Budget page includes University reimbursement
policy in regard to delinquent services and deliverables.
This Work Services plan replaces a part of the original Work Services plan. The Budget and
Project Evaluation Plan have been adapted to meet the changed requirements of the
Neighborhood Telecenters Program and replace those documents in the original contract.
Amendments to the Work Services plan, Budget and Project Evaluation Plan are effective
upon execution hereof.
Compensation
Time lines for products as indicated in this workplan are approximate. However, University
does require written notification in advance in the event that a deliverable cannot be provided
in the designated time frame. University also reserves the right to withhold payment of
invoices as deemed necessary if products have not been provided.
PlAnning and Developing Services
1. Recruit and secure employers and employees. Provide University with copies of executed
tenant/operator agreements between the City of Chula Vista and participating
employers/tenants. Update list of participating employers and employees and provide to
University as new participants enter the Neighborhood Te1ecenters Program.
Tenant/operator agreements must provide for participation in the formal project evaluation.
Project evaluation tools are discussed in Exhibit A-2, Project Evaluation, attached hereto
and made a part hereof. Notification of new employee participants is required two weeks in
advance of their initiating telecommuting. All notification must include specific participant
information as stipulated in Exhibit A-2.
Deliverable: Updated list of participating employers and employees due as
participants enter the program. All notification must include
specific participant information pursuant to Exhibit A-2, and be
/~.. &j
October 6, 1994
Agreement No. 94-04772V
Exhibit A-I
..
delivered to University two weeks before participants initiate
telecommuting.
2. Secure and deliver to University copies of site specific operations and administration
agreements between the City of Chula Vista and other parties, including space rental and
lease and site sponsors.
Deliverable: Provide evidence of secured facilities in the form of an executed
lease agreement. Copies of executed lease, operating and
participant agreements due two weeks prior to official site
opening.
3. Develop reproducible site design and layout illustrating: work space partitions, conference
rooms, offices, reception, American Disabilities Act compliance, facility access control,
furnishings, telecommunications plans, restroom facilities, and bicycle storage. Deliver site
design plans to University within two weeks from official site opening.
Deliverable: Site-specific design plans due University within two weeks from
official site opening
4. Develop site specific operations plans and procedures including: hours of operation, security,
use of on-site parking spaces, responsible parties for delivery of required services such as
janitorial, on-site security guards, and other factors as necessary for site operations. Deliver
operational plans and procedures to University two weeks prior to opening facilities for
occupancy.
Deliverable: Site-specific operations plans due University two weeks prior to .
official site opening.
5. With advance notice, plan, coordinate and schedule with University all matters relating to
program marketing activities.
Operating Services
6. Provide a Telecenter Administrator. The Telecenter Administrator assigned by the City of
Chula Vista will report to the City of Chula Vista's Environmental Resource Manager and
will serve as telecenter receptionist, scheduler, record keeper and recruiter. The Telecenter
Administrator will be responsible for the day-to-day operations of the telecenter.
7. Operate telecenter, maintaining a minimum 10 percent weekly occupancy rate for the
telecenter. The occupancy rate is a weekly average calculated by dividing the number of
individual telecommuters using the office for a minimum of four hours per work day by the
number of work stations in the telecenter:
Total number of occasions telecommuters used the center for 4 or more hours
Total number of workstations x Total number of work days in the week
8. Select site trainer to conduct on-site telecommuting training with participants on an as-needed
basis. The selected site trainer will be required to participate in University-provided
training.
JP'/O
October 6,_1994
Agreement No. 94-04772V
Exhibit A-I
.
9. Provide monthly reports on occupancy, operations, marketing/recruitment activities and
results, maintenance, income and expenses for the telecenter. After official opening,
occupancy rates will be calculated from the telecenter sign-in logs referred to in Exhibit A-2.
Reports should be provided with monthly invoicing, and include copies of actual sign-in logs.
In the event that the City of Chula Vista does not invoice the University for any given
month, monthly reports are due on the 15th of that month.
Deliverable: Monthly report with copies of sign-in logs provided with monthly
invoices to University.
Evaluating Services
10. Coordinate with University by distributing and collecting program evaluation instruments,
including the following: attitudinal surveys, daily attendance logs, and three-day travel
diaries. The Telecenter Administrator will also coordinate and schedule participant focus
groups, exit interviews, final interviews and follow-up surveys as indicated by University.
Refer to Project Evaluation, Exhibit A-2.
11. Provide names of co-sponsors contributing to all elements of the telecenters program with a
list of contact persons and the nature of in-kind and cash contributions made by each.
Update list on quarterly basis.
Deliverable: List of co-sponsors and contributions. Initial list due by official
opening of telecenter. Updated list due quarterly thereafter.
12. As a participant in the Neighborhood Telecenters Program, observe progress of the NTP.
Provide University with recommendations to improve any element or component of the
program, and report observations about components which are effective. Include
recommendations and observations in monthly report referred to in Task 9.
Deliverable: Recommendations and observations regarding the Neighborhood
Telecenters Program to be included with monthly report.
/~ -1/
'.
.
October 6, 1994
Agreement No. 94-04772V
Exhibit A-2
PROJECT EVALUATION
For more information, call
Prof. Patricia Mokhtarian, UC Davis, (916) 752-7062
Telecommunications technologies present the opportunity to eliminate some vehicular commute
trips by replacing them with the electronic transportation of information. Existing research
shows that telecommuting reduces vehicle emissions, conserves fuel, reduces traffic congestion,
and allows people to expend their valuable time in ways other than commuting. In an effort to
increase understanding of telecommuting and its impacts on transportation, air quality and energy
use, the University of California, Davis, Institute of Transportation Studies has developed a
research program referred to as the Neighborhood Telecenter Program (NTP). The NTP seeks
to demonstrate and evaluate the feasibility of developing multi-employer, residential area-based
telecommute offices as a transportation demand strategy. The City of Chula Vista is
participating in the NTP.
A formal evaluation will be critical for judging the success of this telecommuting center
demonstration project. While particular telecommuters and their managers are likely to have an
informal sense of how well the arrangement is working for them individually, others will need
to view the "big picture", based on compiling information from all the individuals involved.
There are two equally important perspectives from which to evaluate the overall success of the
project: employers want to know whether telecommuting centers are a cost-effective way to
conduct work, and transponation planners want to know whether telecommuting centers are a
cost-effective congestion/air pollution reduction strategy.
Below are listed the main tools to be used in the formal evaluation of this project. Site
administrators will assist in the distribution and collection of survey instruments as required, in
maintaining an accurate attendance log, and in scheduling focus group meetings as required.
As a condition of participation, participating employers and employees will be asked to support
the evaluation by agreeing to complete all required monitoring instruments, participate in
interviews, and assist in the evaluation process in other ways as may be required by University.
Confidentiality will be maintained on all data collected as part of this study. No individual
responses will be disclosed to the employer or to anyone outside the UC Davis research team.
All published findings will report data in aggregate form only, or in a way that individuals
cannot be identified.
1. Attitudinal survey: Slightly different versions to be completed by telecommuters, the
control group, and supervisors of each, once before and once after telecommuting begins.
Will assess attitudes toward telecommuting; its impact on the worker, the supervisor,
work effectiveness (of the individual and the group), and the family; willingness of the
employee and the supervisor to continue telecommuting and at what levels; and
preference for one form of telecommuting (home or center) over the other.
1
/tJ~/.2.
~
October 6, 1994
Agreement No. 94-04772V
Exhibit A-2
2. Daily attendance log: Telecommuters should sign in each day they are at the telecom-
muting center. This will allow University to assess center occupancy levels, individual
telecommuting frequencies, and exactly how much commute travel is being reduced.
3. Three-day travel diary: A brief record of all trips made (by any means of travel) over
a three-day period, to be completed by telecommuters, the control group, and driving-age
household members of both groups, once before and once after telecommuting begins.
Travel decisions are often complex, involving multiple trips 1inked together and multiple
household members. This powerful tool will permit us to examine the impact of tele-
commuting on all travel, including travel of the household, not just work travel.
4. Focus groups: Conducted for telecommuters and their supervisors at least once after
telecommuting begins. An important mechanism for airing any concerns that may have
arisen, and suggesting solutions, before small problems become big ones.
S. Exit interviews: Conducted with all telecommuters (and supervisors) that must leave the
program, to determine reasons for leaving and any implications there may be for program
design.
6. Fmal interviews: Conducted with decision-makers of participating employers,
contributors of equipment or services, and other partners, to detennine satisfaction with
the program and willingness to continue.
7. Follow-up surveys: (Participation optional) Conducted with telecommuters (and
potentially their supervisors) at extended intervals for several years after the close of the
project, to determine long-term patterns of telecommuting and long-term impacts on
residential and job location.
Items I, 3 and 7 listed above involve the use of a control group. Two types of control group
members are needed: home-based telecommuters, to see how center-based telecommuting differs
from home-based telecommuting; and lIOn-telecommuters, to enable us to isolate the effects due
to telecommuting from those due to background changes (e.g. a reorganization within the
company, or transportation-related factors such as the price of gasoline) that could affect
everyone's attitudes and behavior.
The City of Chula Vista will assist University in establishing home-based telecommuting and
non-telecommuting control groups through its contact with employers of telecenter users. The
City of Chula Vista will ensure that participating employers support the evaluation through the
establishment of home-based telecommuter (where applicable) and non-telecommuter control
groups, and the completion of manager surveys and employee surveys for all participants.
2
It);- / J
.
.
October 6, 1994
Agreement No. 94-04772V
Exhibit A-2
Participating employers are asked to identify not only center-based telecommuters, but non-
telecommuters and, if available within the organization, home-based telecommuters to take part
in the evaluation as well. University may also identify control group members through direct
contact with telecenter users.
Since control group members are more likely to drop out of the project than telecenter users,
two home-based telecommuters (in companies where home-based telecommuters exist) and two
non-telecommuting employees will be identified for each telecommuting center user. Non-
telecommuters and home-based telecommuters should be comparable to the telecenter user,
including, but not limited to, working for the same employer and having similar job
classifications.
It is important that "before" measurements of travel patterns and other information be obtained
from telecenter users before they begin telecommuting. Control group members should be
identified at the same time as the telecenter users, and surveys for control group participants
should be completed at the same time as for telecenter participants. Participants will agree to
disclose the following information regarding each prospective telecommuter and control group
member that is identified. The City of Chula Vista will notify University of this information
at least two weeks in advance of the telecenter user's first telecommuting day at the center:
. Participant Name
. Manager Name
. Employer Name
. Participant Phone Number
. Manager Phone Number
. Participant Fax Number
. Manager Fax Number
. Date telecommuting to begin
. Expected frequency of telecommuting
. Telecommuting schedule (if known)
The attached Evaluation Plan defines survey participation requirements for control groups and
the telecenter user's group. Each separate box represents the particular group, and outlines the
members of the group, the types of instruments to be completed by each member, and the time
frame required for survey completion. The Evaluation Plan is divided into two parts: the
"before" measurements, and the "after" measurements.
University reserves the right to contact participants directly in order to obtain data necessary to
complete the program evaluation as described herein.
The tasks associated with the evaluation will culminate in a final report which will be prepared
by University through the Spring of 1996.
3
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October 6, 1994
Agreement No. 94-047 nv
Exhibit B
BUDGET & PAYMENT SCHEDULE
BUDGET
Catesmrv
*Site Preparation and Leasing
phone line installation
$19,200
***Site Administration
$5,000
$24,000
$30,000
Work Station Equipment (computers, copiers, printers, modems)
Furniture, **General Office Equipment and Office Supplies
TOTAL
$78,200
Rebudgeting permission is required for line item shifts in excess of 20 percent of total award.
. Site Ptq>uation and Leuing includes: 1euing COIlS, lite build-<>ut, phone inatalIation
.. Genenl Off... Equipment includes:
Telephone
Telefax machine
Te1eeenter personal computer
Center copy machine
Center typewriter
Center luer printer
Furniture includes
Reception fumiwre
Conference room table/chairs
Lunch room table/chairs
... Site Adrninimation includes: AHistant Tc1ecenter Coordinator salary
It)../?
..
October 6, 1994
Agreement No. 94-04772V
Exhibit B
PAYMENT SCHEDULE
Payment will be made monthly upon receipt of invoices documenting actual costs expended during the previous
month and required documentation specified in Exhibits A-I and A-2 attacbed hereto and made a part hereof. Due to
reporting requirements of Caltrans, final invoices for operating costs incurred as of the contract termination date must
be received by University no later than June 30, 1995.
Should occupancy rates be less that 10%, payment will be made as follows:
Occunancv Pavment
1% 10%
2% 20%
3% m%
4% ~%
5% ~%
6% 60%
7% W%
8% 80%
9% 90%
Fractional percentages of occupancy will be directly computed to a llJyment percentage: Le., 1.5% occupancy =
15% payment; 4.23% occupancy = 42.3% payment. ::'."....
...... ~J {{i'
In the case of any missing documentation, total payment shall \!g{~~hel.fDntil such time as said documentati~n is
received by University. "" :l';' -., "
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UNIVERSITY OF CALIFORNIA, DAVIS
Si.RIa.U.Y. l)AYIS . IR\'I~E . l.os ,\:--;(;}<LES. RI\'ERS!Dl", . SA='" ()II-.(;O . S"-!'\: FRASCISCO
.",\'1\ H.\RH\R\ . s.\"I' (R! I.
lW. PELTAS01\
Pre!'idenl of the l'ni\er~il)
OFFICE OF THE VICE CHA~CELLOR.ADM]SISTRATIOS
DAVIS, CALlFOR)\;IA 95616-8540
LARRY !"O. VA.I\;DERHOEF
Chancellor al Da\i\
October 10, 1994
JA:'\ET C HA~nLTO)\;
Viet Chancd]or-Adminimalion
Ms Barbara Bamberger
City of Chula Vista
P. O. Box 1087
276 4th Street
Chula Vista, California 91910
RE Agreement No 94-05798V
Dear Ms Bamberger
Enclosed you will find two revised copies of the above referenced agreement for
the City of Chula Vista to provide Telecenter Services. at a second site. for the
University The agreement has been signed on behalf of The Regents of the
University of California by Jo Clare Peterman, Business Contracts Officer
Please have both copies of the agreement signed and dated, where indicated. on
behalf of the City of Chula Vista and return one copy to my attention at the
following address:
Office of Administration
University of California
Davis, California 95616-8540
The second copy is for your records. I will provide copies of the fully executed
agreement to the appropriate University departments
Thank you for your cooperation in establishing this agreement Should you have
any questions. please do not hesitate to contact me at the above address or by
calling (916) 762-4573.
Sincerely &
\ hVl..i,J ~ INla/u1..
~nda L. Ho rd
Senior Staff Analyst
Enclosures
cc. Carol Buckinger
David Fleming
pLtl:i"~'r"
~Il E 5\-
.
.
Agreement No. 94-05798V
TElECENTER SERVICES AGREEMENT
THIS AGREEMENT is mode this _____ day of , 1994, by Ind between THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA, . CIli10rn18 corporation, on behalf of its Dlv;s Campus Institute of Transportation Studies (here~nafter
called "University") and the CITY OF CHULA VISTA (hereinafter called "eVil).
!Ukll!U. :
~HEREAS, University has received 8 grant from the State of Celifornf. Department of Transportation, Number
60T381, dated June 29,1992, to conduct I demonstration project to eVIluate the effectiveness of establishing residential
.rea-based telecommuting work centers I' I transportation demand man.gement strategy; and
WHEREAS, CV desires to cooperate with University and the State of California Department of Transportation in
said res.arch program by planning, developing, operating, and evaluating. neighborhood I telecommuting work center
located on F Street in Chula Vista, California;
NOW, THEREFORE, CV agrees to provide Telecenter Services to University subject to the following terms and
concH t i ons.
1. DEFINITIONS. The terms hereinbelow as used in this agreement shall have the following meanings:
A. Site DeveloperJ'Manager (SDIO: The orglnizetion and person responsible for acquiring plaMing,
designing, operating and maintaining a neighborhood telecenter(s).
B. Telecenter ~inistrator (TA): The personCs) employed or retained by the Site Developer/Manlger to
serve as receptionist, scheduler, record keeper and recruiter, and who is responsible for the day-to.
day operations of a specific teLecenter.
C. e.ployerlTenant: A business entity, agency, or organization that agreed in writing to participate in
the teLecenters program and that etrploys one or more telecOlmlJters who wi Ll work full or part time..at
the telecenter.
D. relec.....n-er: An Iq)loyee of an ~loyer/tenant, as above defined, who has agreed with her/his
~loyer to work full or part time at the telecenter.
E. Telecenter: Conventional office facilities within a reasonable walking, biking distances of the above
defined telecOlmlJters' residences.
F. to-Sponsor: Individuals and organizations donating in.kind services and equipment to facilitate the
operation of a telecenterCs).
G. Project retia: Individuals representing site developers/mangers, participating employers, co-sponsors,
site telecommuters, air quality entities, State of California Department of Transportation
representatives, University representatives and others as would be appropriate for the program.
H. WOrk Statian: An area set aside for a telecommuter to perform job related tasks. CAn enclosed office
with three desks would account for three work stations.)
1. OCcupancy late: A rate calculated by dividing the number of individual telecommuters present in the
telecenter for I minimum of six hours by the number of work stltions in the telecenters.
2. SERVICES. CV shall provide to University planning, developing, operating and evaluating of a neighborhood
telecenterCs) occupied by telecommuters. Said services Ire IIOre particularly described in the Exhibit A
attached hereto and ..de I part hereof.
3. TERM. The term of this Igreement shIll be frlll1l August 1, 1994 to June 28, 1995.
4. TERMINATION. This agreement ..y be tenminated by either perty, with or without cause, upon prOViding thirty
(30) days' prior written notice to the other party.
5. ALTERATION/AMENDMENT. This agreement NY be emended ilt any time by IIJtual agreement of the perties. expressed
in writ;ng and signed by both parties.
6. COMI'ENSATION.
A.
University shall pay an amount not to exceed $69,800 for services as defined herein in accordance with
the rates set forth in the budget designated in the Exhibit B attached hereto and made a part hereof.
1t?'..2 t?
.
.
B. Payments shall be _de by University to CV upon receipt of monthly invoices and written reports
indicating the Agreement Number and setting forth charges in accordance with the rates specified in the
Exhibit B. Jnvoices shall be submitted in triplicate to the Institute of Transportation Studies,
Telecenters Program, university of Cal Uorni., D....;5, Cal ifarni. 95616.8762, Attention: David Fleming.
each invoice shall include ev's taxpayer identifiCBtfon I"Il.IIDer. No payment ..Hl be mIIde in advance of
work performed except 8S otherwise specified in this agreement. Final payment wilt be withheld pending
completion of the work.
7. ~ The compensation stated in Paragraph 6 includes all applicable taxes and will not be changed hereafter
8. the result of ev's failure to include any applicable tax or as the result of any change in CV's tax
liabilities. CV acknowledges that compensation payable hereunder mey be subject to withholding of state and
federal income tax, inclucHng state income tax subject to withholding pursuant to California Revenue and
Ta.at;on Code Sections 18806-18825.
8. NOTIfICATION.
A. In performing the services as defined herein CV shall be accollltable to University'S Patricia
Mokhtarian or her designated representative.
8. CV l.I"'lderstands that the services as defined here;.n shall assist University in the performance of
Contract or Grant No. 6OT381 dated JW'\e 29, 1992 with the State of California, Department of
Transportation. CV acknowledges having read the pertinent excerpts, identified as Exhibit C attached
hereto and made a part hereof, and agrees to comply with all restrictions and conditions thereof which
relate to the performance of this agreement.
C. Any notice, request, or inquiry regarding the provisions of this agreement, its termination, or similar
metters shall be directed by either party to the other at the following address:
Universitv
~
Office of Administration
University of California
Dav;s, CA 95616-8540
City of Chula Vista
P.O. 80. 1087
276 4th Avenue
Chule Vista, CA 91910
wi th a copy to:
Institute of Transportation Studies
Telecenters Program
University of CaLifornia
Dav;s, CA 95616-8762
9. RELATIONSHIP Of THE PARTIES.
A. The perties to this agreement shaLL be and remain at all times independent contractors, neither being
the ~loyee, agent. representative, or sponsor of the other in their reLationship under this
agreement.
B. CV shall be soleLy responsible for the conduct and control of the work to be perfonmed by CV as defined
in the agreement, except that CV is accO\l"ltabLe to the individual designated in paragraph 7A,
hereinabove, for the resuLts of such work. CV services for University shall be performed in accordance
with currentLy approved methods and ethical standards appLicable to CV professionaL capacity.
10. ASSIGNMENT OR SUBCONTRACTING. CV may not assign or transfer this Agreement, or any interest therein or claim
therewder, or subcontract any portion of the work therewder, without the prior written approval of the
University. The withholding or granting of such approval is totally discretionary with the University.
11. PROPERTY RIGHTS. IHCLUOING PATENTS AND COPYRIGHTS.
A. General: All fnformation developed by CV pursuant to performance of services U"der this Agreement
shall be the soLe property of University without University'S payment of additional consideration. and
shall be furnished to University on the earl fer of either (l) cClq)Letion or termination of each
project, or (2) upon earlier termfnation of CV services under this Agreement.
8. Intellectual Prooertv (Patents. Coevriahts): In the event CV ..kes any invention or discovery or
creates any trade secret (hereinafter coLLectively referred to as "Intellectual Property Di.cover~')
in the course of performance of this Agreement, CV shall furnish university with complete information
with respect thereto and University shall have the sole right. title. and interest in such IntellectuaL
Property Discovery without payment of additional consideration. In the event that University. in its
soLe discretion, shall determine to apply for any patent. copyright or other protection with respect
to such Intellectual Property Discovery. CV agrees. at University'S request and expense. to execute aLL
2
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documents and do all acts reasonably necessary and proper to facilitate the University's application
for such patent, copyright or other protection.
The parties hereto agree that any copyrightable workCs) developed under this agreement constitute
work(s) made for hire under the United States Copyright Laws and that all right, title and interest
therein, including copyright shall vest in the University. In the event that any such work is
determined by. court of c~tent Jurisdiction not to be . work. made for Mr. under the United Stites
Copyright lIWS, or for any other reason does not consthute I work mIIde for hire, r:v, by tMs
agreement, hereby assigns all right, title, and interest, including copyright, in said work(s) to the
University, in perpetuity.
12. LIABILITY AND INSURANCE REQUIREMENTS.
A. CV Igrees to defend at University's election, indemnify, and hold harmless University, its officers,
agents, and employees from and against all claims, losses, and expenses (including costs and attorney's
fees) of any kind whatsoever arising out of CV perfonmance under this Agreement and claimed to be due
to acts or omissions of CV, its subcontractors, employees, or agents.
8. CV shall furnish a Certificate of Insurlnce or statement of self-insurance showing minimum coverage as
follows:
I. General Liability: Comprehensive or Commercial Form (Minimum limits)
(i)
(i i)
General Aggregate (81, PO)*
Products, Completed Operations
Aggregate
Personal and Advertising Injury
Each Occurrence
SI,DDD,DDD
SI,DDD,DDD
SI,DDD,DDD
S 300,000
(ii i)
(iv)
* (not applicable to comprehensive form)
However, if such insurance is written on a cllims-mede form following termination of this agreement,
coverage shall survive for a period no less than three years. Coverage shall also provide for a
retroactive date of placement coinciding with the effective date of this agreement.
b. Business Auto LiabHity: (Mininun limits) for Owned, Scheduled, Non-Owned, or Hired
Automobiles with a combined single limit of no less than Sl.OOO,OOO per occurrence.
c. Workers' C~ns8tion: as required under California State law.
d. Such other fnsurance in such lInOunts as from time to time may reasonably be required by the
mutual consent of University and CV against such other insurable hazards relat;ng to
performence.
Certificate(s) must name The Regents of the University of California as an additional insured and must
obligate the insurer to notify University at least thirty (30) days prior to cancellation of or changes
in any of the required insurance. Premiums on all insurance policies shall be paid directly by CV.
13. USE OF UNIVERSITY'S NAME. tv shall not use the name of University in any form or mBnner in advertisements,
reports or other infonmation released to the public without the prior written approval of the University.
14. RECORDS ABOUT INDIVIDUALS.
A. tv acknowledges that the creation and maintenance of records pertaining to incHviduals is subject to
certain requirements set forth by the California Infonmation Practices Act (Civil Code 1798, et seq.)
and by University policy. Such requirements include provilionlgoverning the collection, maintenance,
accuracy, dissemination, and disclosure of infonmation about individuals, including the right of access
by the subject individuals.
B. If CV cre.tes confidential or personal records about an individual, .s defined by the Infonmation
Practices Act, including notes or tape recordings, the infoMm8tion shall be collected to the greatest
extent practicable directly from the individual who i. the subject of the informetion. When collecting
the infonmation, tv shall infonm the individual that the record is being made and the purpose of the
record.
C. Records containing confidential or personal information about individuals Ire the property of the
University of California and lubject to University policies and applicable federal and state laws. CV
agrees to deliver all such records, including originals and all copies and summaries, to the University
upon tenMination of this agreement
D. tV shall not use recording dev;ces in discussion w;th University employees.
3
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15. EXAMINArION OF RECORDS.
The university and, upon University's approval, the contractor or grantor under government contracts or grants,
or its BUthor;zed representative, shall have access to and the right to examine any pertinent books, documents
papers, ~ records of tV involving transactions and work related to this Agreement until the expiration of fiy;
years .fter the final payment hereunder. CV shall retain project records for a period of five years from the
date of final payment.
16. CONFLICT OF INTEREST.
A. tv will not hire any officer or employe. of the University to perform any service covered by tMs
agreement. If the work is to be perfonmed in connection with. federaL or state contract or grant tv
..ill not Mr. any employee of the goverrment concerned to perform any service covered by this
agreement.
B. CV affirms that to the best of his/her knowledge there exists no actual or potential conflict between
tv family, business or financial interest and the services provided under this agreement, and in the
event of change in either private interests or service under this agreement, any question regarding
possible conflict of interest which n'IIY arise IS a result of such change will be raised with the
University.
c. tv shall not be a reporting relationship to. University employee who is . near relative, nor shall the
near relative be in a decision~making position with respect to the tV.
17. AFFIRMATIVE ACTION. CV shall not maintain or provide racially segregated fl"ilitie. for ~loyees at any
establishment under ev's control. ev agrees to adhere to the requirements set forth in Executive Orders ',246
and 11375, Ind with respect to activities occurring in the State of Cal Hornia, to the Cal Horni. Fair
Emplo~t and Housing Act (Government Code section 12900 et seq.). Expressly, ev shall not discriminate
against any ~loyee or applicant for ~loyment because of race, color, religion, sex, national origin,
ancestry. medical condition (as defined by California Code section '2925(f]), marital status, age, physical and
mental handicap in regard to any position for which the employee or applicant for employment is qualified, or
because he or she is. disabled veteran or veteran of the Vietnam era. CV shall further specifically undertake
affirmative action regarding the hiring, promotion and treatment of minority group persons, women, the
handicapped, and disabled veterans and veterans of the Vietnam era. Seller shall communicate this policy in
both English and SpaniSh to all persons concerned within its cDq)lny, with outside recNiting services and the
minority community at large. CV shall provide the University on request a breakdown of its labor force by
groups. specifying the above characteristics within job categories, and shall discuss with the University its
policies and practices relating to its affirmative act~on programs.
18. APPLICABLE LAW. Thls Agreement shall be governed by the laws of the State of California.
19. TERMS TO Be EXCLUSIVE.
This Agreement constitutes the entire understanding between the parties rqlarding the subject matter hereof and
supe~ any prior understanding between the parties, oral or written, regarding the same subject matter.
IN WITlESS WHEREOF, the parties have executed this agreement on the day and year first written above.
CITY OF CHULA VISTA
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BY:
TI
vO
B:JSI'1&"...2 COf'7acts C'::r
TITLE:
DATE:
/~/~/9V
I I I
DATE:
4
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COIlllERCIAL LEASE
This lease is made and entered into on
The Citv of Chula Vista, hereafter "LESSEE",
referred to ...as "LESSOR".
, 1994 by and between
and Jorae Valerdi, hereafter
LESSOR, for and in consideration of the rent to be paid by LESSEE, and of the
covenants and provisions to be kept and performed by LESSEE under this Lease,
hereby leases to LESSEE, and LESSEE hereby agrees to lease from LESSOR, the
following: Real property commonly known as 311 F Street, Chula Vista,
California, also known as the Valerdi Building, hereinafter "The Premises",
See Addendum A.
1. TERM: The term hereof shall commence on December 15, 1994, and expire
on December 1, 1995.
2. RENT:
installments
December 15,
the January,
The total rent shall be $22,901.00 and shall be payable in
of $1,991. 40 on the first day of each month beginning on
1994. On January 1, 1995, the pro-rated December, 1994 rent and
1995 rent shall be due and payable.
Calculations of Rent is as follows:
Rental rate of $1.17 per s.f. for Suite to be designated Suite b,which
is agreed, is 1389 Square Feet. $1,625.13. $1.17 per s.f. for 75% use of
420 s.f. conference room or 315 s.f. at $1.17 per s.f. - $366.40. IDM shall
have the right to utilize the conference room 25% of the workweek, with the
City receiving sole exclusivity to the conference room 75% of a typical
workweek. Total monthly rent to be $1,991.40.
All rents shall be paid to LESSOR, or his authorized agent at the following
address: 311 F Street, Chula vista, CA 91910 or at such other place as may
be designated by the LESSOR from time to time.
If LESSOR has not received any rent payment within five (5) days after
notice of delinquency is received from Landlord after it is due pursuant to
this section of the lease, Lessee shall pay as additional rent a charge of
$120.00 plus interest at eight percent (8%) of the delinquent amount.
Tenant agrees to pay $50.00 for each dishonored bank cheek. LESSOR and
LESSEE agree that it would be impracticable and extremely difficult to fix
the actual damages suffered by LESSOR in the event that LESSEE makes a late
payment of rent and that the unpaid and due rent represents a reasonable
approximation of the damages LESSOR is likely to suffer from such a late
payment. LESSOR and LESSEE further agree that this provisions does not
establish a grace period for the payment of rent, and that LESSOR may make
a demand for the payment of rent at any time after it becomes due.
The actual useab1e square footage is to be verified by a mutual
inspection upon completion of improvements, and calculation of square footage
of the rent equations will be reduced accordingly, if the actual square
footage is less than provided herein.
3. USE: The City intends to use the Premises as a telecenter. Such general
use may include one or more of the following specific uses l office and
conference space subleasing, office or business related seminars and classes,
and on-site sale of office services including photocopying, faxing, computer
time and teleconferencing. Notwithstanding the foregoing, the City shall be
authorized to use the Premises for any lawful use. City shall be solely
responsible for obtaining any and all applicable land use of other permits
required in connection with its specific use of the Premises.
4. USES PROHIBITED, LESSEE shall not use any portion of the premises for
purposes other than those specified hereinabove, except for the permitted
uses, no use shall be made or permitted to be made upon the premises, nor
acts done, which will increase the existing rate of insurance upon the
property, or cause cancellation of insurance policies covering said property.
LESSEE shall not conduct or permit any sale by auction on the premises.
5. ASSIGNMENT AND SUBLETTING: City shall have the right to assign or
sublease all or a portion of the premises as part of the City I S normal
opera~ion of the Premi~es as a telecenter, as such use is described herein.
Other chan as herein provided, LESSEE shall not assign this lease without
prior written consent of the LESSOR, which shall not be unreasonably
withheld. /tJ~.2V
Page One of fix Pages
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6. ORDINANCES AND STATUTES: LESSEE shall comply with all statutes,
ordinances and requirements of all municipal, state and federal authorities
now in force, or which may hereafter be in force, pertaining to the premises,
~ occasioned by or affecting the use thereof by LESSEE. The commencement of
pendency of any state or federal court abatement proceeding affecting the use
of the premises shall, at the option of the LESSOR, be deemed a breach
hereof.
7. MAINTENANCE: Landlord shall maintain, at its sole cost, in good order,
condition and repair (a) the exterior anp structural aspects of the Premises
(including glass) and (b) all utility and other systems serving the Premises
including, without limitation, all plumbing, HVAC, electrical, sprinkler and
related utility and safety systems, all common areas, including conference
room and bathrooms. In the event that Landlord fails to maintain the
Premises as required above, City shall have the right to complete any
required maintenance or repair and deduct the cost of such items from rent
otherwise due to Landlord. Except as provided above, City shall be
responsible at its sole cost for maintaining the interior of the Premises.
Alteration.: City shall be entitled to alter the interior of the Premises
without Landlord's consent provided that all such alterations do not alter
the basic structure of the Premises, are conducted in a good and workmanlike
manner, and do not exceed $20,000.00 in value. All other alterations shall
require Landlord' s prior reasonable consent. City shall notify Owner at
least 2 days prior to any such alterations.
8. ENTRY AND INSPECTION: LESSEE shall permit LESSOR or LESSOR'S agents to
enter upon the premises at reasonable times and upon reasonable notice, for
the purpose of inspecting the same, and will permit LESSOR at any time within
sixty (60) days prior to the expiration of this lease, to place upon the
premises any usual "To Let" or "For Lease" signs, and permit persons desiring
to lease the same to inspect the premises thereafter.
9. INDEMNIFICATION OF LESSOR: Except as caused by LESSOR'S intentional
acts, LESSOR shall not be liable for any damage or injury to LESSEE, or any
other person, or to any property, occurring on the demised premises or any
part thereof, LESSEE agrees to hold LESSOR harmless from any claims for
damages, arising from conduct by LESSEE or telecenter users which is
negligent or constitutes willful misconduct except to the extent caused by
intentional acts of LESSOR.
10. POSSESSION: Subject to LESSEE' s termination rights set forth in
paragraph 31 hereof. If LESSOR is unable to deliver possession of the
premises at the commencement hereof, LESSOR shall not be liable for any
damage caused thereby, but LESSEE shall not be liable for any rent until
possession is delivered.
11. INSURANCE: ~ESSEE, at its expense, shal,l ,maintain plate glass and
public liability ~nsurance including bodily ~nJury and property damage
insuring LESSEE and LESSOR with minimum coverage as follows:
$1,000,000.00. LESSEE to indemnify owner for any criminal or negligent acts
by his occupants.
LESSEE shall provide LESSOR with a Certificate of Insurance showing
LESSOR as additional insured. The Certificate shall provide for a ten-day
written notice to LESSOR in the event of cancellation or material change of
coverage.
To the maximum extent permitted by insurance policies which may be owned
by LESSOR or LESSEE, LESSEE and LESSOR, for the benefit of each other, waive
any and all rights of subrogation which might otherwise exist.
Landlord shall retain property casualty insurance in coverage amounts
equal to the replacement cost of the building including the Premises and
comprehensive general liability insurance with respect to the building
including the Premises in the minimum coverage amount of $1,000,000.00 on a
per person occurrence basis.
12. U~ILI~IES: LESSEE agrees that he shall be responsible for the payment
of utilities delivered to Suite A only, including gas, electricity, heat and
other services delivered. LESSOR pays water and tresh.
13. SIGN: LESSEE shall not construct any project sign or awning without the
prior written consent of LESSOR which consent shall not be unreasonably
withheld. Any signs must be built and installed with City Permit and
approval. LESSEE to have access to directory, monument or building mounted
signs on property, in an amount no less than their percentage proportionate
of total building. Any signs must match the architectural theme of building.
Page Two of Six Pages
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14. ABANDONMENT OF PREMISES, LESSEE shall not vacate or abandon the
premises at any time during the term hereof, and if LESSEE shall abandon or
vacate the premises or be dispossessed by process of law, or
otherwise, any personal belonging to LESSEE left upon the premises shall be
deemed to be abandoned and accounted for pursuant to California Civil Code
Section 1980.
15. CONDEMNATION' If any part of the premises shall be taken or condemned
for public use, and a part thereof remains which is susceptible of occupation
hereunder, this lease shall, as to the part taken, terminate as of the date
the condemnor acquires possession, and thereafter LESSEE shall be required
to pay such proportion of the rent for the remaining term as the value of the
premises remaining bears to the total value of the premises at the date of
condemnation; provided however, that within sixty (60) days after notice of
any proposed condemnation proceedings, either party may, at that party's
option, notify the other party of their intent to terminate this lease as of
the date the condemnor acquires possession. In the event that the demised
premises are condemned in whole, or that such portion is condemned that the
remainder is not susceptible for use hereunder, this lease shall terminate
upon the date upon which the condemnor acquires possession.
All sums which may be payable on account of any condemnation shall belong to
the LESSOR, and LESSEE shall not be entitled to any part thereof, provided
however, that LESSEE shall be entitled to retain any amount awarded to him
for his trade fixtures or moving expenses.
16. TRADE FIXTURES: Any and all improvements made to the premises during
the term hereof shall belong to the LESSOR, except trade fixtures of the
LESSEE. LESSEE may, upon termination hereof, remove all his trade fixtures,
but shall repair or pay for all repairs necessary for damages to the premises
occasioned by removal.
17. DESTRUCTION OF PREMISES: In the event of a partial destruction of the
premises during the term hereof, from any cause, LESSOR shall forthwith
repair the same, provided that such repairs can be made within (60) days
under existing governmental laws and regulations, but such partial
destruction shall not terminate this lease, except that LESSEE shall be
entitled to a proportionate reduction of rent while Buch repairs are being
made, based upon the extent to which the making of such repairs shall
interfere with the business of LESSEE on the premises.
If such repairs cannot be made within said sixty (60 days, LESSOR, at
his option, may make the same within a reasonable time, the lease continuing
in effect with the rent proportionately abated as aforesaid, and in the event
that LESSOR shall not elect to make such repairs which cannot be made within
sixty (60) days, this lease may be terminated at the option of either party.
In the event that the building in which the demised premises may be
situated or the premises are destroyed to an extent of not less than one-
third of the replacement costs thereof, LESSOR or LESSEE may elect to
terminate this lease whether the demised premises be injured or not. A total
destruction of the building in which the premises may be situated shall
terminate this lease.
In the event of any dispute between LESSOR and LESSEE with respect to
the provisions of this Section 17, the matter shall be settled by arbitration
in such a manner as the parties may agree upon, or if they cannot agree, in
accordance with the rules of the American Arbitration Association.
18. INSOLVENCY, In the event that a receiver shall be appointed to take
over the business of the LESSEE, or in the event that the LESSEE shall make
a general assignment for the benefit of creditors, or LESSEE shall take or
suffer any action under any insolvency or bankruptcy act, the same shall
constitute breach of this lease by LESSEE.
19. REMEDIES OF OWNER ON DEFAULT' In the event of any breach of this lease
by LESSEE, LESSOR may, at his option, terminate the lease and recover from
LESSEE' (a) the worth at the time of award of the unpaid rent which was
earned at the time of termination; (b) the worth at the time of award of the
amount by which the unpaid rent which would have been earned after
termination until the time of the award exceeds the amount of such rental
loss that the LESSEE proves could have been reasonably avoided; and (c) the
worth at the time of award of the amount by which the unpaid rent for the
balance of the term after the time of award exceeds the amount of such rental
loss that LESSEE proves could be reasonably avoided; and (d) any other amount
necessary to compensate LESSOR for all detriment proximately caused by
LESSEE'S failure to perform his obligations under the lease or which in the
ordinary course of things would be likely to result there from.
Pa~e Three of Six 11ges
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LESSOR may, in the alternative, continue this lease in effect, as long
as LESSOR does not terminate LESSEE'S to possession, and LESSOR may enforce
all his rights and remedies under the lease, including the right to recover
the rent as it becomes due under the lease. If said breach of lease
continues, LESSOR may, at any time thereafter, elect to terminate the lease.
Nothing contained herein shall be deemed to limit any other rights or
remedies which LESSOR may have.
20. SECURITY' The Security Deposit is $1,991.40, it shall secure the
performance of the LESSEE'S obligations hereunder. LESSOR. may, but shall
not be obligated to apply all or portions of said deposit on account of
LESSEE'S obilgations hereunder. Any balance remaining upon termination shall
be returned to LESSEE. LESSEE shall not have the right to apply the Security
Deposit in payment of the last month's rent.
The balance of all deposits shall be refunded within
possession in delivered to OWner of his authorized
a statement showing any charges made against such
21. DEPOSIT REFUNDS.
2 weeks from date of
Agent, together with
deposits by OWner.
22. ATTORNEY'S FEES. In case suit should be brought for recovery of the
premises, or for any sum due hereunder, or because of any act which may arise
out the possession of the premises, by either party, the prevailing party
shall be entitled to all costs incurred in connection with such action,
including a reasonable attorney's fee.
23. WAIVER. No failure of LESSOR to enforce any term hereof shall be deemed
to be a waiver.
24. NOTICES: Any notice which either party mayor is required to give,
shall be given by mailing the same, postage prepaid, to LESSEE at the
premises, or LESSOR at the address shown below, or at such other places as
may be designated by the parties from time to time.
25. HOLDING OVER: Any holding over after the expiration of this lease, with
the consent of LESSOR, shall be construed as a month-to-month tenancy at a
rental of $2,500.00 per month, otherwise in accordance with the terms hereof,
as applicable.
26. TIME: Time is of the essence of this lease.
27. HEIRS, ASSIGNS, SUCCESSORS. This lease is binding upon and inures to
the benefit of heirs, assigns and successors in interest to the parties.
28. OPTION TO RENEW. Provided that LESSEE is not in default in the
performance of this lease, LESSEE shall have the option to renew the lease
for (2) two additional terms of (12) months ("Renewal Period") commencing at
the expiration of this lease term. All of the terms and conditions of the
lease shall apply, including the rental rate during the Renewal Period. The
option shall be exercised by the LESSEE by giving written notice to the
LESSOR not less than 60 days prior to the expiration of this lease term.
If notice is not given in the manner provided herein within the time
specified, this option shall expire. LESSEE shall have first month free for
each of the two I year options.
29. LESSOR'S LIABILITY: The term "LESSOR", as used in this paragraph, shall
mean only the owner of the real property. In the event of any transfer of
such title or interest, the LESSOR named herein (or the grantor in case of
any subsequent transfers) shall be relieved of all liability related to
LESSOR'S obligations to be performed after such transfer. Provided, however,
that any funds in the hands of LESSOR or Grantor at the time of such transfer
shall be delivered to Grantee. LESSOR'S obligations hereunder shall be
binding upon LESSOR'S successors and assigns only during their respective
periods of ownership.
30. ESTOPPEL CERTIFICATE. (a) LESSEE shall up to 2 times a year and upon
not less then (14) days' prior written notice from LESSOR execute,
acknowledge and deliver to LESSOR a statement in writing [1] certifying that
this lease is unmodified and in full force and effect (or, if modified,
stating the nature of such modification and certifying that this Lease, as
so modified is in full force and effect), the amount of any security deposit,
and the date to which the rent and other charges are paid in advance, if any,
and [2] acknowledging that there are not, to LESSEE'S knowledge, any uncured
defaults on the part of LESSOR hereunder, or specifying such defaults if any
are claimed. Any such statement may be conclusively relied upon by any
prospective purchaser or encumbrancer to the Premises.
Page Four of Six Pages
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(b) At LESSOR'S option, LESSEE'S failure to deliver such statement within
such time shall be a material breach of this Lease or shall be conclusive
upon LESSEE (1) that this Lease is in full force and effect, without
modification except as may be represented by LESSOR, [2) that there are no
uncured defaults in LESSOR'S performance, and (3) that not more than one
month's rent has been paid in advance or such failure may be considered by
LESSOR as a default by LESSEE under this Lease.
(0) If LESSOR desires to finance, refinance, or sell the Premises, or any
part thereof, LESSEE hereby agrees to deliver to any lender or purchaser
designated by LESSOR such financial statements of LESSEE as may be reasonably
required by ~uch lender or purchaser. Such statements shall include the past
(3) three years I financial statements of LESSEE. All such financial
statements shall be received by LESSOR and such lender or purchaser in
confidence and shall be used only for the purposes herein Bet forth.
31. ~ERMINA~ION RIGH~S AND PENAL~IES: City shall have the right to
terminate this lease if Landlord does not demonstrate to the satisfaction of
the City, in City's sole discretion, its ability to have the property ready
for occupancy by December 15, 1994. IF the property is not ready for
occupancy by that date, City may terminate the lease or receive one day free
rent for each day delayed, deductible from first rent payment(s).
32. ADDENDUM: 1 addendum, signed by the parties, is attached hereto and
incorporated herein.
33. REQUIRED ~ENAN~ IMPROVEMEN~S: Landlord, as part of the tenant
improvement budget, shall construct the following improvements in accordance
with plans, specifications and a timetable approved by City and consistent
with the occupancy date, and consistent with the designer's plans.
a. finished interior (i) walls, other than a clean white shell,
including delineation of private offices, specifications to be determined in
conjunction with City's designers, Sewell & Associates, a conference
room/telecommuter lounge, (ii) ceiling, installed light fixtures and (iil)
carpet and installation, with carpeting to be provided by Tenant,including
carpeting installation, and any specially designated design features,
determined by City's designers;
b. cabinets, counters, and a sink in the employee/user lounge area;
c. exterior doorway access into the F Street side of the Premises.
Any and all work will be performed by Landlord's licensed general contractor
and/or his licensed subcontractors, or City, and shall be done in accordance
with all applicable, federal, state and local laws including, without
limitation, the Americans with Disabilities Act. All work to be performed
by Landlord with respect to the Premises, and all other work proposed by
Landlord with respect to the interior and exterior of the remainder of the
building in which the Premises are located, shall be completed in sufficient
time prior to the December 15, 1994 commencement date of the lease to permit
City to occupy and commence its intended use of the Premises as of as of such
commencement date. Pursuant to this paragraph, "tenant improvements" shall
not include normal items of construction such as HVAC, electrical wiring, and
master switches for the phone system which shall be installed by Landlord at
Landlords sole cost. Any tenant improvements beyond the $17.00 per square
foot shall be approved and paid for by the City.
34. CONFERENCE ROOM: The conference room will be furnished by the LESSOR,
except for the chairs which the City will provide and may take with them at
end of lease.
35. CARPE~I The City will provide the carpet for their Suite and conference
room, but not padding or insulation.
36. General Contractors. GENERAL CONTRACTOR IS TO SUPPLY THE FINISHES AS
SPECIFIED BY CITY, THE USE OF LOW VOC AND NON-TOXIC, CONSTRUCTION MATERIALS
WILL BE REQUIRED FOR ALL PAINT AND ADHESIVES, AND ENERGY EFFICIENT LIGHTING
WILL BE USED WITHIN SUITE A.
37. ~ENAN~'S RIGH~ ~O ~ERMINA~E DUE ~O LACK OF FUNDING: Landlord recognizes
that Tenant is dependent upon a public grant from the California Department
of Transportation and the County of San Diego in order to fund its operation
on the premises beyond the sixth month of its initial term. In the event
that Tenant lOBes all or a portion of such funding and is therefore unable
to fund this, Tenant shall have the right, upon 30 days written notice to
Landlord, to terminate the lease without any defaul, or penalties.
Page Five of Six Pages
I/?"'.:J. y
.
ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the
paries and modified only by a writing signed by both parties. The following
Exhibits, if any, have been made a part of this lease before the parties'
execution hereof: Exhibit A - Floor Plan, Exhibit 2 - Calculation of square
footage and .rent.
The undersigned Lessee hereby acknowledges receipt of a copy hereof.
Lessor:
Lessee:
Mr. Jorge Valerdi
Trustee 1.D.M. Leasing Division
By:
The City of Chula vista
By:
SIGN:
SIGN:
Page Six of Six Pages
LESSORS INITIALS
LESSEES INITIALS
/~;';'1
.
ADDENDUM TO LEASE BETWEEN THE CITY OF CHULA VISTA ( LESSEE) AND JORGE
VALERDI (LESSOR).
To be added as additional paragraph to Section 31
"Ter~ination Rights and Penalties"
City shall further have the right to terminate this lease without penalty
if Lessor does not establish, to the satisfaction of the City, that a
General Contractor, licensed by the State of California, has been retained
and will perform all building construction and tenant improvements for
Lessee's premises. all common areas, and the exterior of the building.
Lessor shall present to the City no later than 10/24/94, a signed agreement
between the Lessor and the General Contractor retained for this purpose.
and proof of said Contractor's licensing.
~':Ji)
.
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21999996\9 'ON X~,
UiS!' W1r~~ 00 U!~ 00:€1 O~M tB-61-l00
1t/()
.
Addendum to Lease
of 311 "F" Street Suite A , Chula Vista, CA
between Dr. Valerdi and City of Chula Vista Telecenter
To Be incorporated into Lease with any Revisions by City Attorney after
Council Meeting.
1. Paragraph 2 Page 1 - 2nd Paragraph Line 6 - "I.D.M. to administrate
the Conference Room and provide Janitorial Service" to be deleted and
replaced with "Telecenter access shall be scheduled for the time of
8:00 A.M. - 1:00 P.M and from 3:15 P.M. - 5:00 P.M. each business day.
Notwithsanding the foregoing, the parties agree to be flexible and
to cooperate in the adjustment of thes.e time periods in the event that
either party requires such an adjustment. Evening hours will be utilized
on a "schedule by availability basis".
2. Paragraph 11 Page 2 to be added on Line 4 after $1,000,000.00 "City
may elect to Self-Insure" exact wording to come from City Attorney.
3.
Paragraph 33 Page 5
(Add) "To be defined
ready for painting."
Paragraph a. Item (i) after clean white shell
as all perimiterwalls drywalled, taped and textured,
Signed:
~ y Li,&., ""
Jorge Valerdi, Trustee
IDM Leasing Division
Signed:
For: The City of Chula Vista
10' J} /10-10
~
WAYCOn
CONSTRUCTION' OEVELOPMENT
Octob~ 24, 1994
J 01Lg e Va.e.eJuf..<. Ph!}
466 3M Avenue
Chul.4 V.i..6:ta., Ca. 91910
RE: Agll.eement to pItOv.Lde COnl>tIr.u.ction Management 601l.
31 j F StIl.ee.t, Chul.4 V.i..6:ta., Ca. 91910
Vea.Il. Jo1tge,
Th.i..6 tett~ acU a..6 an agll.eement between IVM Sa..teUte V.<.v.i..6.i.on, Inc., and
Waycon COnl>t!w('Uon.
Waycon COnl>tlw.cUon agll.ee.6 to plLOu.<.de management 6~V.(.c.e.6 to plLOmote the
compte.t.i.on 06 the above ment.<.oned plLOjec.t.
Scope oft Se!l.v.(.c.e.6
COnl>tlw.cUon Co01l.eU.na-ti.ng
Q,ua.e.uy Co ntILOt
CUy Inl>pecUonl>
Su.p~v.i..6.i.on
PlLOv.Lde Sub-Contll.a.c.tolt.6 IUcU.
IVM agll.ee.6 to c.ompenl>a..te Waycon COnl>tIr.u.ction 601l. UI. 6~V.(.c.e.6 $1000.00 pe!l.
weell, not to exceed 6.u weeM. Payme.nt6 to be b.<.-weefll.y. F.<.It.6t payment to
be Novemb~ 4th, 1994.
'f ~t-, C<,
] 01Lg e V lU:eIl.lU
10M Sa..teUte V.<.v.i..6.i.on, Inc..
. ay I I
Wayc.on COnl>t!It(('wn Ii) 7 >{ ~l(
/80 Otay Lakes Road, Suite 308 . pOI/ita, CA 9/902, · (6/9) 470-9329 Fax (619) 472-0345
',' /tJ- 'i;
THE
AMERICAN
INSTITlJTF.
o F
ARCHITECTS
I
AlA 1)r}(wlIC'1I1 AWl
Abbreviated Form of Agreement
Between Owner and Contractor
For CONSTRUCTION I'fU If/iCH OF l.fMf'f'lif) SO)/'H I/Ibere
1/><, litis is oll'tll'lIl<'lll is tI ,\"/'1/'/11.11 'f'h/J \'IIM
1987 EDITION
nus J)OCUMEN'f' liAS IMI'(}/I'f'AN'f' I.E(;AI. <.'(iNSlir..lUliNCES. CoNSlIL'lA '/'JoN WITII
AN A TTORNEl' IS liNCOUl?A(;/:IJ IVITII /lESI'EC'/' '/'( i /'IS (.'( 1M1'I.Ji'/'JON (1/1 M(lIJI/'/CA '/'JoN
This document include:,; <lhhrcvi:tlctl Geller..! c(lndili()n~ alltl :c;hould not he u:c;cd with other ~cncr;.ll (."()IuJition:c;
Il h:l.~ hecll :lpproved <llltl cndorsn.l hy TIH..' Assod;lICd Cil'llcral (.ontra(tor~ of AlHcricl.
AGREEMENT
made as of the Twevtttj- 6ouM:h tlayof
Nineteen Hundred and N.w.ttj FoUlt
OctobeJl
illlhe year of
BETWEEN the Owner
Jo~ge Vale~d~ PhV
466 3~d Avenue
Chufa V~ta, Ca. 91910
(Na/l/e (II1t1 tfllt/f(,.~.~)
/
;lI1d the Contractor'
(Nome mill tlCldn'.~.';;J
Watjcon Con~~uc~on
180 Otatj Lak~ Road Ste. 301
BonLta, Ca. 9J902'
The project is:
(Nallt('tlIulloaltiulI)
1VM Buil~ng & Tefecevtte~ Tenant 1mp~ovemen.t..b
3J 1 F S~eet
Chula v~ta, Ca. 91910
I
\,JJ.
,
I
The Architect is:
V.C. RobeJlU V~~M & A6~oc~e6
701 8;t/t Avenue
San V~ego. Ca. 92101
(1\"1111(' ,UI,I 'lflt"'I'.~-()
The Owner anti Contractor agree as set forth below
COPl"j~hl 19.\6. 19~1. 19~H. 1961. 1'1<>.\, I'X~'. 1~7o\. I'PH. <i'''~H7 hy Th< AIIIl.,j.:", 111"1011'< or ^,<hlo,""'. 17\~ N<w York
An'nut:, N.W \1':l!'hil1Jtltlll. n.c. ll""~C'l. Hc:prmlut"t!on of Iht' m;llt:ri:ll hl'rein or ~lIhSI:InIl;1I lllllll04t;OI\ of It.. provl!'illll" ",Hhllul
writlcn pcrmi!'!'lol1l1f lht' AlA vlol:ll"",h,' ,'opyrij.(lu I:lws of ,ht, l1"itl'(1 St:llt'" ;111(1 ",ill hl' !'"hit..""' IClll'I~;lII"lIS(.:nltiOI1.
A107-1987
1
AlA-DOCUMENT Al07. MIURf.VIATI;I)()\J'NFJl.CONTRM:'t IMM:RfJ:.MI',NI . NIr.nll j:J)\Tl(lN. ^'^- . t:119A'7 / I /
Till'. AMr.K":AN IN,H.lln Of AKelllneTS. "" NI'.... ,,>II, A\'I'.NII" N'" "'^"IIN(;"HN. I>e ,,,", /~~ 7';;l-
WARNING: Unlicensed photocopying vlot.les U.S. copyright I..,. and I. lubJect to leg.' prolt'cutlon.
!,I,.G
ARTICLE 1
THE WORK OF THIS CONTRACT
1.1 The Contral'!Or ...h;llll'Xl'(t11C the l'nl ia' 'Vc Irk ,ksnilR'd ill lilt' Ct lu!ral" I ~ K:1I1l1l'l1IS, CXl.Xpt It) the n:lcnt spt'dfi("~ll}' indil'~Il'l1
in the Lonlra(l I)m:ulllclllS to he lilt' 1t.....pol1!'iihilil)' of 1I1hl'l's. or ;l..rollo\\'s:
Itov.{.de. mcUwaL6 arid .f.abolt a..6 pelt p.f.alU arid ~pe.cJ.6.{.ea..Uorl~ dltal-orl by
V.C. Rob~ & V~.{.grl A~~ocJ.CLte.~.
ARTICLE 2
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2,1 Tho d;lIe ofconnnenn'",enl I' Ih",I;lIe I.."n which Ihe 1.0nIT;Il'1 Ti",e of 1';I';I~"lph I.I i' ",e;l.,mod, ;lml ,1..11 he the ,b,e or Ihi'
^Rre,'ment," Ii", writlen ;lh""e, lInl<''';I dilfm"" d;l'l' I, '1;lIl'd hl'iow or prod,lon i' "';Ide 1m Ihl' ";I'e to he lixed in;l notice to pr<>'
<:ccd issued hy the Owner
(/".~C't'1 t/Jf.' (/1111' II{ IfII""'I'7/, 1''''''1''. q if d'lIi'f'< 1'''11I ,''',, dr/f(- Hf O>l( Ax/'n,,,,"" '" ., 1I1'1"ltll'"" <'111,' '/"11 III(' ,/<1'" I/'II/I,.'II.W'/ HI (j I/Of'II' to /II,II.,...d)
Upon ll.{.grle.d and appltove.d d"a.w<.ngll by BMbalta Bambu"ge." 06 :the Te.{'e.ee.J1:te..~.
2.2 Till: Ctll1lr;Klor sh;11I achieve Suhslanti:ll completioll of tlu: l'lllirt' \'i;.'ork 1101 later IlIan
(J".~("( 111('( ak",/iH' dll((' fir IIIlmlw" "I t.tll"Ild",' d"I'~ fl/ft'" (Jol' ,/(ffl' '~f 1..lI/rIIl'I'1 l'll/."/( ,1I""mc'" filiI' Il'f{ll"-I'".../l/l I'" l'flf/wl' .\"l1.dtlllfi,,1 {.illl'f./t'/i"" "I ((","',, I'"r
,;wu fll ,/1(' \1"'11I). i} /If/I .~fI1/('li ('/.wII'II."t' III "...' (.""""," ""( ""If'''',~)
Ve.ee.mbelt J 5, J 994.
, subject 10 Oldju::>tlHcnts or this Conlr;lC'1 ThBl' :lS pro\"hkd in thl" Conlr;!l"1 l)Ol'Ul11l'UIS.
(I"~('J" I"T"".~i.",.~. if mn', f"" Iitl"i(l,IIt'l/' tltfm"~I'.~ 1l'("""Jl'fI li/i'''''f' ,,, (Tlml"I,,('INI ,jml"
N/A
ARTICLE 3
CONTRACT SUM
3,1 The ow"er sh;lllp")' Ihe (.0"":"""" ill ",,,,,,,,,, ,,,m\s lOll I\ll' (.""";"",,., I'"",,'''''''ll'' "r ,he C""",,"lhe (.",11"1<" S"1lI "r
Twe.nty 60Ult :thOUlland doUaItl> and 00/1 00 ___________________________________1>.11;1"
(S 24,000.00 ), ,,,hje,'1 I" ;"Idi'i",,' ;lIlel e1,'dm'II,,'" "s p,,,\'ielce\ ill Illl' (.OIlIT;Il"
l)(x.:umcllls.
AlA DOCUMENT A1D7. AUlUlf.Vl^TI'.IH JWNER-U JNTRM :It lR AWlf.f.MF,NT. NIN'l1l nJIII\)N. MA- . (€) Il)R7 / / '7
TII'F. ....R'CAN IN'TITlITI'. 01' ARC'''.....CT<. "" Nf.\\' mRK AVf.Nlm. N\\'., W^,"IN1""N. "C ''''''J tl' 7' J
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A107-1987 2
,v
r ,~
3.2 The \.ontr:'CI Sum i~ h:.l~cU UP"lllhc followinl{ :lll<:rll:tl('!', ibllY. which :,1ft' (,k~(rilx:u ill the: COllltJ<.:II)O(Ill11("IlI<" ::wu ;Ht: IH.:rchy
2CCCptcu hy the Owner:
(.{I(1tr Ilt<' I/"",h<-n .'f' ullICT ;d~"iJ;a"......" .....''1."..1 "fl....."'.'.., 'I d"'....H'~ ...,.,t1.~.",..."",(... ,,,,.,../1(' """,,./'r""'( II'..... """''''1',<:>,( I.' fiX' ,...., "....., ,.J tI". ~".........,'
(I(It,~'IJ 4 .)(/~,,'~ "j ~'I('I' ..,11'1"'1' (111."......'1". ,0)."'''''1<: ,for .........."1..,. ...,,',. "..,1 ,,.' .".k' "","/I'~H'Jo II~" ......"...1 '.' ."#11..1 J
N/A
3.3 lhlit pri<.:c~, if :tuy. :.Ire 1\ roll{}W~:
N/A
ARTICLE 4
PROGRESS PAYMENTS
~.1 1l:L~<.:d Uptlll ^pplicllioll~ fur 1':')'1111.:111 ~Ilhlllilll'd 10 tlK Archill...1 hr tllc COlIlCII.:lUr ;U1\..1 (.1.:rtilil;Hl.:~ (or l':I)'llll'lll i:-;<,,\!ctl hr ,lit'
Ardlill'(:l, tilt: Owner ...h:.1! tll;lk(: prtlgrt':-;<" p:IYlllt'llt~ elll :1('1.'0\1111 C1flllc Ce1111 1':ICl ~\I111 to tilt' LCllIll:tl'(Clr :tc;, [lIt1\'idl,,:d hl..'!\l\\' :lIlt1I.'I.c;,I.'
wilen.: illlllc COlUf:I<.:t I)(Klllllt'lIt~. The.: ll<,'riod l'Ilvc.:rnl II)' <.':Icll Applic:tlillll lor 1':I)'Oll..'llI ~11:tlllll.' OtiC Clklll.br lI\\lllllll.'lldi"l~ I. III 1111.'
I:L<;1 1.1;1\' of tile 1lI0l\tll, or ;Lc;, ftlllo\\'~:
Weekly payments,
of payments per
progress report, or
completed.
mutually
agreed
schedule
upon
sub-contract
4.2 1':IYlll<."l1t~ dll<.' :Iud Il11P:litllllUk, III<.' (.01111":1('1 sh;llI he;l.. illl<.1l':"l Ilnllllhl' t1:lt<.. P:IYllIl'lll is <.hl(' :'1111<.' r;lh' slalnl IIdo\\.' tlr illlhl'
:lhsclll.1.' 11I1..'I"<.:u(. :11 thl..It.'~~II':th.' prt.'\':lililt~ Inllll lilll\.' hi lilllC' :11 ,hc' I'I:lc'\' wltc'I"<.' Illc' !'roj"'\'1 b; le~";lh;<.1.
f'w,~,,1 n",.,,/I,,""''''' "1:"""""."'. i/""I"
10%
fll"",,'lnll~ "IU' ""f1,;,"",.,tt ,"'.~ """.:,,,11..',. ,""I. ,,, '''''''';''1: ..(.1. .,j""I.,,' J>l<""."..,t...lil,."t,mlll....,,,'jl "",,:,,u..',,,,,,, "7:''''"<<'''..11 """ ....,111.. .' ,IUd ,.....",.... ""."
"",,,1/.." /","'t*;t It{ '''''';''''''', "or 1011'.11",,,, 'f 1111./'''"...1.''..'101,.....,01...... ""'1"'11'" ,,,,.,,II,,'ih"" "'IC/"".n"-'.I ,.)..." ...,,"',. .J".",lla..rlIl,llIa,/'u'/ "",,,,,1 f.. ,1o",.,;.'II...or
"'fII"lJio..tflju".~, ,lItd ,tI.UI ..."..m'ill/( '"1";""*""$ $1#1'" ,t~ "nile'" ."....'Iof(\l','''!' .. ",IIi'1"1I1
AtADOCUMENT A107" A.lllUlt:VIA"f.I,,'WHI;M.(:' 'N'I MA':TC'" AC;Ml-'.f.t.lENT" N1NI'lll'l,rm'N" All.- ,,1t'1'1N1 / /.
1'1f. AMI~MtCAN l~l'l1lfrf. III: AMt:lIln~t:-rs 11'''' ,.n:..... ,'UK.. AVI;HIlI'.. N-'I" .....A,....IIlNt:1HN. lU. "'''lit / tJ /7 ~
A107-19B7
3
WARHIHG: unnc~nnd,pholocopyln9 "Iolllln u.s. Copyright IIIW'S Ind I, 'ubI~c' 10 It-VII ptVltcuUon.
ARTICLE 5
FINAL PAYMENT
5.1 Fin;t! p<l:yment, constituting the entire unp;tid h;dance oCthe Contr;lct Sum, sh:dJ be m;tde by the Owner to the COl1tr:;Jctol I,.il
the Work ha!> heen <,:olllplc.'!cd. the COlllr:lt-t full)' pcr(orlnl'd. ~Ild ;I Omd Ccrtilk..IC for P::I)'lIIent ha.o; been lo;sucu b)> the Architcc:i
ARTICLE 6
ENUMERATION OF CONTRACT DOCUMENTS
6.1 The COnlT;lCI Doclllllcnl5 ::Irc 1i5lcd in Ank1l' 7 :lIlll. except for ModiOcatiol1s l!;.o;ucu after execution of thi!> Agreemellt, arc
enumerated ::l."i Collow:,;:
1.1.1 The Agreement io; thi5 executed Ahbrcvi;ltcll Form ()( AgreC'lIlent Hct~'ccn Owner and Contractor, AlA DucumCnl ^ 107, 19A7
Edition.
6.1.2 1'11<<: Supplementary and other Condition:'i of the Contract :;Irc those contained in the Project Manual dated
. :md an: ao; follow:'i:
Document
l'ltI~
Page5
N/A
6.1.3. The Spccificatiol1:'i arc those c0l11aincd ill lilt: proje<..'1 M:UllI:11 d:llcd ;lC; in Subpar:lgraph 6.1.2, and are as rollo\\'s;
(fit/Il'r fi.\llh(' .\fWt'ijJHlli,lt/\ 1'1'''' m- n:{l'r III fill I'"h,";/ "no\ IWII It! '''II ,llo!n''''/(,1I1.)
" vVS~Cllon
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AlA DOCUMENT A107. AIIUMI\\lIATf.I)()WNI:.R (:c )\'IITRM:TC U( A.(;HI.:t=.MI;.Nle NI~T11 n !n'I()~.e AIA~ ~ tC) 1'}Mi
"IIf. AMt=.RICM" INsnnlTF. OF ARClllTF.Cl'S, P\~ Nf.W YORK AVfNllf, N.'\&., "'ASlIIN(oI0N, I).C.. ;.!uUUCI
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A107.1987 4
6.1.4 The I>fawiJlg~ ,HC 41$ follows, ;tllll ;1Il' t1;iletl
(r:j(1~ fi.d IIJ(o IJrmI'IIlR$ IJf'f(' IIr H!j'" to IIn rxhiflll ,11I""10'11 "1 Ihn A,RI'"('lI"IIl",1 J
unk's...; a c.Jiff<':fCllt d;Hl' ic; sllmvl\ below:
Number
Title
Date
F-il1al dft~l1gJ.> :to be J.>ubmdted :to c.ort:tltac.:tolt, plt-tOIt :to
c.ommel1c.emen:t 06 woltk.
6.1.5 The Addenda, if any, ilfC as follows:
Number
[)ate
Pag~5
NIA
~)v'0
portions of Adtlcnua u.:);l1inR to hiddill~ n:quin:llu:nls aft' nol P:lrt of Ihl'.(,IIIl11ad l)oClUlll'1llS llnk'ss Ihe hiddit\}.t fcqllirl'lI1(,llh :\rl'
also cllumerated in this Artidc (I.
6.1.6 (),ller dc)t'U1llClltS, if ;Ill)', ftlrll\ill~ ll;lrl (If Illl' (.I)lltnlCll).K.:\lIlll'll1S :lrl' ,to; f{lllt'w!':
(I,;M f'''I' fulf/l/mual (1IIoml('''f.~ ,I'II;dl tn'I' jllll'mll',1 luj'''-''' /lIwl .oJ "It' (.ill/f/,/.. t H.. 'IPIJ,"'/( )
/{}-'1~
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HIE AMI'.HICAN INSlITtnf. 01' AHCllIlI'L"IS I,:,~r; r',n:,\'Il' \"11Il" A\TNPI'., N\'Il' \'Il'ASIIINliHIN. DC !IlUtlh
A107-1987 5
WARNING: Unlicensed photocopying violates U.S, copyright laws.nd Is subject to leg.1 prosecution.
ARIICLE 21
OTl1ER CONDITIONS on PROVISIONS
grt't'I1H'III~'1l1 Htl1l11lI"", lilliit' tl.l~ :uld \(';11 Iii".
I'll Jail e Va!eIlcU PhV
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Al07-1987
AIAOOCUMENT ^107. \1\11111 \ I \111111\\ ':1111' ,t'll!" '..Il,\I,II' I Ml'NI . f,:1~.II' 1111111 I:-J. .\' \'. ,"H.
,Ill ",Milito ,.... ,0.J'1111 II ,., ,\111111111 I' ,-\;!\:l" ,,'Ut, \\1 ",il"' N\\ \\ ,"Ill'" IllS 114 'I.'.'
IIJr,/?
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-----------------.---
--.----.------ -.'-- - ---- -----.--------
WAnNING: lJnllu-II1'lPl'l phntocnl'Y11l9 vl"I~I""I U S r.nrvtlqht I~ and I" tluhl-e' II) l..q~1 ''IIn~ecullon.
6/89
RESOLUTION NO. 17& 9'1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENT TO AGREEMENT
NO. 94-04772V AND APPROVING AGREEMENT NO. 94-
05798V WITH THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA - DAVIS FOR GRANTING FUNDS FOR THE
CHULA VISTA TELECENTER TO THE ENERGY
CONSERVATION FUND FOR DEVELOPMENT OF A SECOND
TELECENTER, AND AMEND, APPROPRIATE AND APPROVE
BUDGET AS IN TABLE 1; AND AMEND THE FY 1994-95
BUDGET TO INCLUDE A TEMPORARY EXPERT
PROFESSIONAL 1.0 FTE
WHEREAS, on August 25, 1994, the City opened its first
telecenter at 1550 East H Street, which telecenter should be at 42%
occupancy by October 31st; and
WHEREAS, as part of the city's contractual obligation to
its grantors, Caltrans and the university of California - Davis, a
second telecenter site must be opened by November 1, 1994; and
WHEREAS, staff is requesting acceptance and approval of
an additional $48,000 in funding from the University of California
- Davis, which is tied to the opening of the second telecenter; and
WHEREAS, staff further requests approval of the budget
established in Table 1 and of a new temporary position to help the
city fulfill its contractual obligation to implement technologic
partnerships, defined as "utilizing the telecenter for a dual
purpose that will assist in eliminating vehicular trips and making
the telecenter self sufficient".
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby approve an Amendment to Agreement
No. 94-04772V and approve Agreement No. 94-05798V with the Regents
of the University of California - Davis for granting an additional
$48,000 for the Chula vista Telecenter to the Energy Conservation
Fund for development of a second telecenter and does hereby
authorize and direct the Mayor to execute same.
BE IT FURTHER RESOLVED that the sum of $48,000 is hereby
appropriated from the unappropriated balance of the General Fund to
the Energy Conservation Fund 280-2807 as set forth in Table 1 to be
reimbursed upon receipt of monthly invoice detailing expenses of
this contract and in accordance with the budget agreed upon in the
contract with the University of California - Davis.
BE IT FURTHER RESOLVED that the 1994-95 budget is hereby
amended to include a temporary expert professional 1.0 FTE and in
order to fund this position, $19,000 is hereby transferred from
Professional Services Account No. 280-2806-5201 into Energy
Conservation Fund 280-2807-5105.
f~~ - /
BE IT FURTHER RESOLVED that the Director of Personnel
shall prepare a job specifications sheet for the temporary expert
professional designating the position as unclassified, with a
specified term of employment and other appropriate terms and
conditions.
Presented by
Approved as to form by
Barbara Bamberger, Environmental
Resource Manager
c~ty
C:\re\telcntrl
I&/T-.)...
RESOLUTION NO. /7 /, ~.>'"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PARTIAL USE OF THE OTAY
RANCH OFFICE FOR A PERIOD NOT TO EXCEED THREE
MONTHS AS A TEMPORARY TELECENTER LOCATION
WHILE THE DOWNTOWN TELECENTER IS READY FOR
OCCUPANCY, PLANNED FOR DECEMBER 15, 1994
WHEREAS, on August 25, 1994, the City opened its first
telecenter at 1550 East H Street, which telecenter should be at 42%
occupancy by October 31st; and
WHEREAS, as part of the city's contractual obligation to
its grantors, Caltrans and the University of California - Davis, a
second telecenter site must be opened by November 1, 1994; and
WHEREAS, due to the fact that the construction schedule
for 311 F Street is behind, and that projections are the building
will not be ready until mid-December, staff has identified an
interim measure, which has been approved by its funding agents, to
utilize existing space at city hall as a temporary site until the
building is ready for occupancy; and
WHEREAS,
legislative offices
November 1, 1994
withdrawal of grant
downtown site; and
staff is proposing temporary use of the
for a period not to exceed three months from
- January 31, 1995, in order to avoid the
funding due to the construction delay at the
WHEREAS, the Otay Ranch offices, or part thereof, would
be used only until the permanent telecenter site is ready for
occupancy, which is scheduled to be December 15, 1994.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the use of the Otay Ranch
office for a period not to exceed three months as a temporary
telecenter location while the downtown telecenter is ready for
occupancy, planned for December 15, 1994.
Presented by
Approved as to form by
~
Barbara Bamberger, Environmental
Resource Manager
ity
c: \rs\telcntr1
/~{j" /
RESOLUTION NO. 171.,,?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A ONE YEAR LEASE AGREEMENT
WITH TWO ONE-YEAR EXTENSIONS WITH DR. JORGE
VALERDI FOR THE DOWNTOWN CHULA VISTA
TELECENTER AT 311 F STREET
WHEREAS, on August 25, 1994, the city opened its first
telecenter at 1550 East H Street, which telecenter should be at 42%
occupancy by October 31st; and
WHEREAS, as part of the city's contractual obligation to
its grantors, Caltrans and the University of California - Davis, a
second telecenter site must be opened by November 1, 1994; and
WHEREAS, a lease agreement with Dr. Jorge Valerdi for the
downtown site at 311 F Street is proposed for the period December
15, 1994 thru December 1, 1995; and
WHEREAS, said lease will obligate the City to pay "gross
rent" at the rate of $1.17 per square foot for 1704 square feet,
for a total yearly rent of $23,900; and
WHEREAS, the lease includes a two year option to renew at
the existing lease rate with the first month free for each of the
two one-year options; and
WHEREAS, lease payments are included within the City's
existing telecenter budget and all costs are reimbursable under
existing Caltrans/UC - Davis funding.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby approve the a one-year lease with
Dr. Jorge Valerdi for the downtown Chula vista Telecenter at 311 F
Street in such form as may be finally approved by the City
Attorney, a copy of which shall be kept on file in the office of
the City Clerk as Document No. (to be completed by the city
Clerk in the final document).
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to execute said lease for and on behalf of
the city of Chula vista.
Presented by Approved as to form by
~
Barbara Bamberger, Environmental
Resource Manager
c: \rs\telcntr1
Ide -I
CITY COUNCIL AGENDA STATEMENT
Item )1
Meeting Date 10-25-94
REVIEWED BY:
RESOLUTION 17/' 9 ? CONCEPTUALLY APPROVING THE
DONATION OF LAND FOR THE BUILDING OF A VETERANS HOME
FACILITY AT THE HOSPITAL SCHOOL SITE LOCATION PROVIDED
THAT THE SITE IS SELECTED FOR DEVELOPMENT BY THE STATE OF
CALIFORNIA, AND RECOGNIZING THE NATURE OF THE FACILITY
WARRANTS RELIEF FROM CERTAIN DEVELOPMENT FEES
communitYT Dvelop t Director eS.
City Manager
(4/5ths Vote: Yes
Council Referral No.
NolLl
N/A
ITEM TITLE:
SUBMITTED BY:
BACKGROUND:
The Governor's Task Force on a Southern California Veterans Home is in the process of
making its final recommendations to the Governor as to the selection of sites for the
development of the Veterans home facilities. Chula Vista is currently on the recommended
list of future sites to be developed.
On March 23, 1993 the City Council unanimously adopted a resolution which conceptually
approved the donation of land located in the Lower Sweetwater Valley area to the State of
California. In order to enhance this proposal, the City Council on May 4, 1993, conceptually
approved the waiver of certain development fees and the funding of an access road
associated with a Veterans Home facility on the Lower Sweetwater site.
Subsequently, an alternative site was identified, which is a 30-acre parcel on Medical Center
Drive, owned by the Sweetwater Union High School District and available as surplus school
land. Based on the most recent meeting of the Governor's Veterans Home Task Force and
staff discussions with representatives of the State Department of Veterans Affairs, it appears
that Chula Vista is in the position of being selected as the top priority for the development of
the next Veterans Home based on the utilization of the Medical Center Drive site. On October
27, 1994, the Task Force will hold its last official meeting which will determine the Task
Forces' final recommendation to the Governor The recommended resolution would provide
evidence to the Task Force of the City's conceptual commitment to assisting the development
of the Veterans Home on the Medical Center Drive site of a nature similar to that previously
offered on the Lower Sweetwater site.
RECOMMENDATION: That the City Council adopt the resolution conceptually approving land
donation for a proposed Veterans Home facility in Chula Vista.
BOARDS/COMMISSIONS RECOMMENDATION: The conceptual Plan to build a Veterans
Home facility at the Medical Center Drive location is supported by the Housing Advisory
Committee.
DISCUSSION: Considering that approximately two-thirds of California's veterans reside in
Southern California, the need for a Veterans Home is well established. Currently, the
Veterans Home located in Yountville, in Napa County, is the only Veterans Home in operation
II'" /
Page 2. Item / /
Meeting Date 10-25-94
in California. In October. 1991. Governor Wilson signed into law AB 514 which created a 12
member commission to advise the Governor and legislature on establishing a Veterans Home
in Southern California which includes the counties of Imperial, Los Angeles. Orange, Riverside,
San Bernardino, San Diego, and Ventura. The Task Force is charged with recommending sites
to the governor which can accommodate the development of a 400 bed veterans facility to
provide independent living, assisted living, and skilled nursing levels of care. It has been
estimated that such a facility will cost $30 million and it is anticipated that approximately 250
jobs will be created at the location. A desirable site is considered to be about 20 acres and
the Task Force requires that the land be donated.
This report will discuss the following: 1) Status of the proposal; 2) Project benefits; 3) Medical
Center Drive site; 4) Comparison of recommended action on Medical Center Drive site to
previous action on Lower Sweetwater site; and 5) Fee exemption.
STATUS OF VETERANS HOME PROPOSAL
The Governor's Task Force will be meeting on October 27, 1994 to make its final review of
the sites under consideration and to determine its final recommendation which will be sent to
the Governor by December 30, 1994.
Over the past two months there has been evidence of strong support by members of the Task
Force to designate Chula Vista as the next project site ahead of all other cities. The City of
Lancaster was previously recommended as the next site due to its proposal to front the
construction costs of the project. However, Chula Vista because of its urban/coastal location
is being perceived as a better site to balance the current Barstow Veterans Home which is
now under construction.
Another major reason in favor of the proposed Chula Vista site is its location next to the Sharp
Chula Vista Medical Center which can provide acute care and other services to the Veterans
Home. The proximity to such facility is a very high priority in the selection process criteria.
To strengthen the City's position, upon the request of City staff, the hospital's board of
directors unanimously passed a motion of support of the Veteran's Home project.
A Memorandum of Understanding to acquire the property from the Sweetwater Union High
School District has been approved by City Council and it is under consideration by the school
board. The purpose of this agreement is to demonstrate evidence of mutual intent to
sell/acquire the site as required for selection of the City of Chula Vista for development of the
Veterans Home.
The City will need to present its formal proposal for consideration by the Task Force at its
next and final meeting on October 27, 1994.
PROJECT BENEFITS
The development of a Veterans Home will provide the following significant economic and
social benefits to Chula Vista;
//-,2..
Page 3, Item ~
Meeting Date 10-25-94
. A $30 million construction project which will generate employment opportunities
of construction trades for approximately 1 year.
. The creation of approximately 250 new permanent jobs ranging from entry level
to professional levels.
. An annual payroll estimated at 8 million dollars which will be a boost to the local
economy.
. An economic stimulus by establishing a demand for services and increasing
number of visitors to the City in need of hotels and other accommodations.
. Regional share housing credit for the City.
. Social benefit and demonstrated City commitment in meeting Veterans needs.
MEDICAL CENTER DRIVE SITE
The subject site consists of 30 acres and is rectangular in shape. The parcel is located within
the 600 acre Sunbow Master Planned Community. Sunbow is a new community with the
first phase having been built within the past five years. The parcel is on a west- facing slope
approximately 3 miles east of downtown Chula Vista. This site provides an excellent view
overlooking Chula Vista and the Pacific Ocean (see attached location map)
To the north of the site lies the Sunbow Apartment complex. To the south is the Sharp Chula
Vista Medical Center. The Center includes Sharp Hospital, Medical Offices and a
Convalescent Hospital. West of the site is Medical Center Drive and existing residential
development. Vacant but planned residential land uses lay immediately to the west and east
of the property. Farther to the west is additional residential development as part of the
Sunbow project. Also, within a half of a mile to the west is Greg Rogers Community Park.
The City of Chula Vista's General Plan designation for the subject site is Public & Ouasi Public
land uses. This designation is applied to properties that are owned or used by schools,
churches, hospitals, fire stations, libraries and other civic uses. The Veterans Home would
be consistent with the City's General Plan. Surrounding land is designated as medium density
on the Chula Vista General Plan.
The City's zoning for the subject property is R-1-H. R-1 is the designation for single family
detached residential zones. The H signifies that there is a hillside modifying district. The
purpose is to require sensitive grading and to regulate the allowable residential density The
Veterans Home would be permitted with approval of a Conditional Use Permit.
Surrounding zoning is PC or Planned Community except for the Medical Center which is the
same zoning as the subject property.
On September 30, 1986 the subject property was appraised, which developed two opinions
of value: A most probable use (R-1) at a value of $1.400,000; and an alternative use (mix-
use medical office/R-1) at a value of $2,000,000.
I/-J
Page 4. Item J I
Meeting Date 10-25-94
An appraisal which was just recently completed by Anderson & Brabant Inc. indicates a
current market value of $1.920,000. The values are based on the total 30 acres. Since the
Veterans Home will require less acreage. there exists opportunity to sell the remaining
property to Sharp Hospital, which has indicated a need for additional land to meet its parking
needs.
COMPARISON OF PROPOSALS ON LOWER SWEETWATER SITE AND MEDICAL CENTER
DRIVE SITE
Last year. in order to compete for being selected as a Veterans Home site, the City
conceptually approved the donation of 14 acres owned by the Redevelopment Agency located
in the Lower Sweetwater Valley area and also approved the waiver of some development fees
and the construction of an access road.
A financial comparison of the previous and current proposal is as follows:
. Lower Sweetwater proposal would have cost:
o
o
Land donation
Access road
$ 620.000
235.000
$ 855,000
Note. In addition, $211,000 in DIF Fees would have been exempted.
. Medical Center Drive proposal would cost:
o
Land contribution
$1,920,000
Note: In addition, $1,656.400 in DIF Fees would be exempted.
The monetary difference between the two proposals is approximately $1,065,000 However,
assuming that the City could sell the residual 10 acres to Sharp Hospital for their parking
needs at $600,000, the net difference would be $465.000.
FEE EXEMPTION
If the hospital school site were developed for private use, the development would be required
to pay certain development impact fees. Those fees have been calculated for a private-use
equivalency of the Veterans Home and are as follows:
.
.
.
Transportation DIF
SR 125 DIF
Traffic Signal
Public Facilities DIF
TOTAL
$ 1,199.400
246,000
39,000
172.000
$ 1,656.400
.
1/- 'I
Page 5,ltem-11-
Meeting Date 10-25-94
Because the Veterans Home is a public facility, the City exempts it from payment of those DIF
fees. However, two points need to be acknowledged. The first point is that the exemption
of those fees should be recognized as a contribution to the public facility The facility will
have the same impact on those infrastructure needs as would a private development, yet the
City is allowing the project to avoid paying the fees intended to mitigate such impact. The
second point is that the City's support for the public project, and the project's resultant
exemption from DIF fees, represents lost opportunity for the City, which would have received
mitigating DIF fees from a private development on the site. The exemption of the DIF fees
for the project should therefore clearly be seen as City support provided to the project.
FISCAL IMPACT: There is no immediate fiscal impact from conceptual approval unless the
proposed site is selected for development by the State. If Chula Vista is selected, the City
will be expected to donate up to 20 acres of the 30 acres to the state.
At 20 acres the following estimated costs would result:
. Estimated land acquisition (land swap and/or cash) and donation of $1,920,000
with no residual land sale to Sharp Hospital; $1,267,200 with residual land sale.
. The other financial and social benefits have been discussed earlier in this report.
(AG\C:\WP51 \JUAN\A 113\VETHOME.A 13}
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EXHmn- NO.1
HOSPITAL SCHOOL SITE MAP
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EXHIBIT NO. 1
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RESOLUTION
RESOLUTION J '/" 9 7 CONCEPTUALLY APPROVING THE
DONATION OF LAND FOR THE BUILDING OF A VETERANS HOME FACILITY
AT THE HOSPITAL SCHOOL SITE LOCATION PROVIDED THAT THE SITE IS
SELECTED FOR DEVELOPMENT BY THE STATE OF CALIFORNIA, AND
RECOGNIZING THE NATURE OF THE FACILITY WARRANTS RELIEF FROM
CERTAIN DEVELOPMENT FEES
WHEREAS, the need for a Veterans Home in Southern California is well established,
with over two-thirds (2/3) of the state's veterans residing in Southern California, and,
WHEREAS, the State of California has created the Governor's Commission on the
Southern California Veterans Home to advise the Governor and the Legislature on the
placement of such a Home; and,
WHEREAS, it is contemplated that, wherever the Veterans Home is located, it will
provide shelter and services to 400 veterans and create 200 to 300 new local jobs, and,
WHEREAS, the City believes that the social and economic benefits of developing the
Veterans Home in Chula Vista would be very significant; and,
WHEREAS, the City/Agency has approved an agreement with the Sweetwater Union
High School District to acquire the Hospital school site which will be offered to the State of
California as the site for the development of the Veterans Home
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does
hereby find, order, determine, and resolve as follows:
1. That a Veterans Home in the City of Chula Vista would be beneficial and urges
the State of California to select a site in Chula Vista for said Veterans Home.
2. That the City Council of the City of Chula Vista conceptually approves the
donation of land and recognizes that the nature of the facility warrants relief from certain
development fees associated with the building of a Veterans Home Facility at the hospital
school site located on Medical Center Drive provided that the site is selected by the State of
California.
~L~~
Chris Salomone
Community Development Director
Bruce M. Boogaard
City Attorney
Submitted by
(AG\A:\VETERANS.RESJ
DISK #11
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FLEET RESERVE ASSOCIATION, BRANCH 61
288 3rd Ave.
Chula Vi.ta, CA 91910-2701
425-5300 / 422-1800
October 18, 1994
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From:
Chula Vista Branch 61, Fleet Reserve Association
288 Third Avenue, Chula Vista, Ca 91910
To:
Director: Jay Vargas, California State Veterans Affairs
AND
Members; Gloria Bosco, Richard D. Bowen, Leo Burke, Robert Dol1mut,
Richard Jones, Charles Hill, William Manes, and Rafael Mendez:
Governor's Task Force, Southern California Veterans Home
Subject: SUPPORT FOR VETERANS HOI\.1E IN CHULA VlST A
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Chula Vista Branch 61, Fleet Reserve Association being the second largest Branch in the FRA and
the largest Branch in Southern California with over 2,700 active members, keeping with our motto
Loyalty, Protection and Service, strongly endorses the site location presented by our Mayor, the
Honorable Tim Nader at your last meeting in Long Beach at the V A Medical Center.
Branch 61 strong\y supports this Veterans Home and once established will do what it can to support
this home and it residents. We have to many Veterans who have been forgotten and could use a
home like this. San Diego County has one of the largest veteran populations in the State and needs
this home. We hope that you favorably endorse the Chula Vista site for the next California Veterans
Home at your next proceeding, and strongly recommend to Governor Wilson your selection of Chula
Vista.
1J:2 ~alty, Protection and Service
Bob Way
President, FRA Branch 61
Copy to:
S.D. County Veterans Advisory Commission
Chairman, Governor's Task Force on Southern California Veterans Home
FRA South West Regional President
CV Mayor Tim Nador and City Council
/)-7
VETERANS OF FOREIGN WARS
OF THE UNITED STATES
FOUNDED tiS..
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ROBERT H. SCHOLER POST 2111
P O. BOX 93
CHULA VISTA. CALIF 92012
October 20,1994
From:
VFW Robert H. Scholar Post 2111
To: Bill Manes, Chairman Governor's Task Force. Southern California
Veterans Home
Jay Vargas, Director California State Veterans Affairs
Sub:
"Support for Veterans Home in Chula Vista"
1. As you may be aware, VFW Post 2111 of Chula Vista is the 6th largest post
in California with over 1,800 active members and auxiliary. Our Post as well
as San Diego County VFW 1st District which is the largest VFW District in the
State of California strongly endorses the site location presented by our
Mayor, the Honorable Tim Nader at your recent meeting at the VA Medical
Center in Long Beach.
2. We are prepared to give intense support to the Veterans of this home in
the same manner as we now provide for the VA Medical Center in our county
which includes routine visits. providing transportation, assisting staff to
assure morale is of the highest and monetary contributions to be used to
assure the highest standards of care for our veterans.
3. In view of the above, and since San Diego County has the largest
concentration of veterans in the state it indeed be most appreciated if Chula
Vista be endorsed as the next cite after Barstow for the next California
Veterans Home and that Governor Wilson be advised and convinced of this
outstanding location in Chula Vista in that it would best serve our veterans
needs.
Yours in Comradeship
William Poindexter
Commander
Copies to:
San Diego County Veterans Advisory Commission, Bill Ayers, Vice Chairman, 1st
District VFW
Chula Vista Mayor Tim Nador and City Council
Ij-IV
FLEET RESERVE ASSOCIATION
(aA.eIU. .N"'I.TKD tIll:".aNN&'" - NAVY. MA".NI: CD"". . CD"aT DUAIID)
"llaULA. aU.INC.. MEeTING
..DaNG WIEDNCaDAY or THE MONTH
... alLY.. aTRAND aLYD.
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BRANCH NUMBER 2B9, INC.
... a. .ax 97
IMflEAIAL .EACH. CALI,., .1933
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October 20, 1994 =-
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Mr. William C. Manes, Chairman ~.~ -
Governor's Task Force ~.. <
25665 Fishermans Drive .,. f1J ,-
"",S .. (lJ
Dana Point, CA 92629 ~ ~
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Dear Mr. Manes:
~
The Fleet Reserve Association, Imperial Beach Branch 289, has
been following the progress of both the "Governor's Commission" and
the "Governor's Task Force" relative to the location of a Veteran's
Home in Southern California.
Our organization is aware of the proposed site along the
Sweetwater River in Chula Vista, and have also been apprised of the
si te adjacent to the Sharps Memorial Hospital off of Telegraph
Canyon Road also in Chula Vista.
The need for a Veterans Home in the San Diego area cannot be
over-emphasized. The numbers of veterans currently residing wi thin
the area and the resulting support emanating from this group would
ensure the viability of a Veterans Home within the San Diego
environment. The amenities available are tremendous and the
medical support for the home is unequalled.
The Fleet Reserve Association, Imperial Beach Branch 289
hereby declares our total support for the Telegraph Canyon site as
offered by the City of Chula Vista for location of the next
Southern California Veteran's Home.
I remain yours in,
Loyalty, Protection and Service,
)J;-~C4g~
~. 'Richard E. DeLesdernier
President
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RECEIVED
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AI1ERICAN LEGION
IMPERIAL BEACH POST 820
1268 PALM AVENUE
IMPERIAL BEACH, CA 91932
OCTOBER 21,1994
TO: DIRECTOR: JAY VARGAS, CALIFORNIA STATE VETERANS AFFAIRS
SUBJECT: SUPPORT FOR VETERANS HOME IN CHULA VIS~A
1. OUR POST, AS WELL AS THE SAN DIEGO COUNTY 22ND DISTRICT
OF THE AMERICAN LEGION, DEPARTMENT OF CALIFORNIA, STRONGLY
ENDORSES THE SITE LOCATION, PRESENTED TO YOU BY THE HONORABLE
TIM NADER, AT YOUR LAST MEETING IN LONG BEACa, AT THE VA
MEDICAL CENTER.
2. WITH SUCH STRONG SUPPORT, COI1ES A COMMITI1ENT TO SERVE
THE NEEDS OF VETERANS OF THE COMMUNITY, INCLUDING ANY THAT
MAY 'BE RESIDING IN THE VETERANS HOME. WE ARE PREPARED TO OFFER
ENTERTAINMENT, TRANSPORTATION, AS WELL AS FINANCIAL SUPPORT TO
THE INDIVIDUAL RESIDENTS, SIMILAR TO THAT NOW PROVIDED TO THE
VA HOSPITAL.
,
3. WE THEREFORE PRAY THAT FOR THE BETTERMENT OF THE VETERANS
IN THE SAN DIEGO COUNTY AREA, ONE OF THE LARGEST VETERANS
POPULATION CENTERS IN THE STATE, THAT YOU FAVPRABLY ENDORSE
THE CHULA VISTA SITE FOR THE NEXT (THE SECOND) CALIFORNIA
VETERANS HOME AT YOUR NEXT PROCEEDING,
FOR GOll AND COUNTRY
Q~ {lJ;:;
ROGER PATRICK
CONI'IANDER
Copy to:
3.D. County Veterans AdvLsory Commission
22nd District, The American Legion
//-/;1
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The American Legion
District 22, Dept. of California
P.O Box 16173
San Diego, CA 92176-6173
J1~Jj
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October 17, 1994
Jeff Ball
" ~ Adjutant
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Emerson Andrews
Commander
Mr. William Manes, Chairman
Veterans' Home Site Selection Task Force
Dear Chairman Manes:
At a regular district meeting on October 16th, 1994, the delegates of the 22nd District unanimously
voted to endorse the proposed Chula Vista site for the next Southern California Veterans' Home. This
endorsement is based on the following considerations:
1. The sizeable veteran population (more than 250,000) already residing in San Diego County For
those who will someday need the type of accommodations and care that a Veterans' Home provides,
having the facility in San Diego County would make relocation to the home less traumatic for the
veterans, as well as less disruptive to their families.
2. The commitment to help serve the needs of veterans that is the primary purpose of the American
Legion. The 22nd District, with 29 posts and over 12,000 members in San Diego County (plus a very
active Ladies' Auxiliary), has consistently demonstrated such a commitment, by raising funds and
volunteering time to improve patient welfare at the local V A Medical Center. We also pioneered Stand-
down, an outreach program to assist homeless veterans and their families.
The Legionnaires of California's 22nd District believe that a Veterans' Home in San Diego County will
do the most good for the most veterans. It is our fervent hope that the Task Force will concur and build
the next Southern California Veterans' Home in Chula Vista.
Sincerely,
Qr1~
~Ball
Adjutant
cc: Jay Vargas, Calif. Dept. of Veterans' Affairs
~hula Vista City Council & Tim Nador, Mayor
S.D County Veterans' Advisory Commission ]
Bill Ayers, American Legion Post 434 ) / ./ J
.
The American Legion
District 22, Dept. of California
PO. Box 16173
San Diego, CA 92176-6173
Emerson And rews
Commander
October 17, 1994
The Honorable Tim Nader, Mayor
City ofChula Vista
276 4th Avenue
Chula Vista, California
Dear Mayor
a
Jeff Ball
Adj utant
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Enclosed is a copy of a letter describing the district's endorsement of the site you proposed for
the next Southern California Veterans' Home.
The Legionnaires of California's 22nd District believe that a Veterans' Home in San Diego
County will do the most good for the most veterans. We hope that the Task Force will concur,
and build the next Veterans' Home in Chula Vista
Thank you for your active support of the proposal.
Sincerely,
8d)~
Jeff Ball
Adjutant
Enclosure
cc: Emerson Andrews, District Commander
Bill Ayers, American Legion Post 434
1)';'/
VFW CI
VETERANS OF FOREIGN WARS OF THE U.S.
SilVER STRAND POST NO. 5477
123 Palm Avenue
Imperial Beach, California 91932.1046
OCTOBER 21,1994
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TO: DIRECTOR JAY VARGAS, CA'., STATE VETERANS HOME
SUBJECT: SUPPORT FOR VETRANS HOME IN CHULA VISTA CA.
1. OUR POST A~ ~~~~ AS THE 1st DISTRICT OF THE VFW, STATE
OF CA" ST~ONGLY ENDORSE THE SITE LOCATION, PRESENTED TO YOU
BY THE HONORABLE TIM NADER, AT YOUR LAST MEETING IN LONG
BEACH CA. AT THE VA MEDICAL:CENTER.
2. WITH SUCH STRONG SUPPORT, COMES THE COMMITMENT TO SERVE
THE NEEDS OF VETERANS IN OUR COMMUNITY, THE SAME WAY THAT
IS NOW PROVIDED TO THE VA HOSPITAL.
3. WE THEREFORE REQUEST THAT FOR THE BETTERMENT OF THE VETERANS
IN THE SAN DIEGO AREA, THE LARGEST VETERANS POPULATIONS
CENTERS IN THE STATE, THAT YOU ENDORSE THE CHULA VISTA SITE
FOR THE NEXT (SECOND) CA. VETERANS HOME AT YOUR NEXT PROCEEDING.
;;;;:lJEf~
NEAL D. FRENCH
COMMANDER POST 5477
//'8
VETERANS OF FOREIGN WARS OF THE UNITED STATES
COUNCIL AGENDA STATEMENT
Item J~
Meeting Date 10/25/94
SUBMITTED BY:
Report regarding an Agreement with the Metro YMCA for Matching Pledge
Contributions to Aquatic Facility
Director of par~ Recreati0l9 vi
City Manage~ (4/5ths Vote: Yes _ No..Xl
ITEM TITLE:
REVIEWED BY:
The San Diego County YMCA desires a full service YMCA facility in the South Bay They are engaging
a fund raising drive, and they have asked for a $500,000 contribution from the City, which will be
matched by an equal amount from the YMCA Director's Funds, in addition to the results of other fund
raising efforts. They need about $2.6 million for Phase I. The attached Agreement proposes to give the
YMCA such financing on specified terms and conditions.
RECOMMENDATION: That the Council give direction on the final content of an Agreement with
Metro YMCA for Matching Pledge Contributions to Aquatic Facility (a draft Agreement will be delivered
on Friday).'
BOARDS/COMMISSIONS RECOMMENDATION: On July 21, 1994, the Parks and Recreation
Commission considered this item and voted (7-0) to oppose the agreement, based on concerns regarding
the financing arrangements, the lack of public access and programming input, and the general failure to
meet the priorities of this Commission.
On August II, 1994, during a Special Workshop, the Parks and Recreation Commission again considered
this item, and although no vote was taken, the Commission discussed in detail, after a presentation by
YMCA staff, their concerns. In brief, the Commission had concerns regarding the fee structure at the
YMCA, a gift of public funds, access and use by community groups, funding guarantees, and use by the
City of the pool for recreation programs. Further, the Commission felt that with a limited amount of
PAD funds and the high capital demand for park improvements, PAD funds should not be used at this
time. The minutes are attached ("A" and "B").
Staff Response to Commission Concerns
Since the Commission meetings, the Agreement has been revised to reflect the concerns of the
Commissio.n and the clear intent of the parties that the lap pool and teaching pool (the "aquatics
facilities") will be made available to the public with City Manager-approved hours and fees for both "drop
in" and "program" usage). Lastly, staff recognizes that with the limitation of funds and the need for park
This item was not held over since the YMCA needs some response on the draft Agreement prior
to November I, 1994, in connection with a major grant they are seeking.
[A-1l3 - YMCAfund.A13 - 1O-2()..94]
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Page 2, Item I';
Meeting Date 10/25/94
infrastructure improvements, particularly in the older City parks, the Council may want to prioritize how
to spend these funds.
DISCUSSION: The Metro YMCA has become fully committed to establishing a full service South Bay
YMCA Facility. They have received the land contribution from the McMillin Company, hired a
professional fund raiser, approved a contribution campaign strategy (Exhibit A to the Agreement), and
are in the process of implementing same. The site contributed is in the Rancho del Rey commercial
complex on East "H" Street. A locator map is attached as Attachment "C".
The Metro YMCA estimates they will need to raise $4.9 million for the entire project, but believe they
can commence implementation of Phase I when they have received financing in the amount of $2.6
million.
Phase I is intended to encompass 30,000 square feet of aquatic facilities including the following: a 25
meter lap/recreation pool, a teaching pool, community meeting rooms, aerobics/multipurpose rooms, a
cross-training center, a cardiovascular fitness center, locker/shower facilities, a child discovery center,
and youth soccer arena, and in addition, landscaping, parking area, and outdoor recreational facilities.
When and if sufficient funding is obtained, Phase II is intended to include another 26,443 square feet of
facilities including a therapy pool, a gymnasium, a gymnastics training center, and an expanded aerobics
center; additional locker space and additional landscaping, parking area and outdoor recreation facilities,
at an estimated cost of $2.3 million.
In early 1993, the City received a request from the South Bay YMCA for funding of an aquatic facility,
and at the May 18, 1993 (Minutes attached as "0") Council meeting, Council directed staff to meet with
the YMCA to pursue the availability of alternative funding. The Council did not approve CDBG funds
for the YMCA aquatic facility for FY 93/94, however, the use of alternative funds from PAD fees
($20,000 in FY 93/94 [approved June 15, 1993]), and future fiscal year CDBG funds were to be
considered.
During the consideration of the Capital Improvement Program (CIP) budget for FY 94/95, partial City
funding of the YMCA aquatic facility was again discussed at several meetings (Minutes attached from
May 17,24 and June 1,1994 attached as "E", "F", and "G"). During these meetings, the funding
actions listed below were approved for FY 94/95 and conceptually approved for future fiscal years. The
proposed funds for the YMCA aquatic facility are a combination of CDBG and PAD funds.
The City's interest in the YMCA aquatic facility arises from several benefits: (1) another aquatic facility
would meet the high demand for swim activities in Chula Vista; especially in eastern Chula Vista, where
no facility exists; (2) the City would obtain for the community, a new aquatic center in this service area
without building one itself. This would be a substantial cost avoidance greater than the amount that
would be contributed by the City under the proposed agreement; (3) as another example of more
effectively using community resources by the City "partnering" with other entities, the City would benefit
due to a service being offered without on-going City funds being required for operation and maintenance;
and (4) the City would be able to utilize the YMCA's aquatic facility for recreation programs.
{A.1l3 - YMCAfund.A13 - lQ..20-94]
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Page 3, Item / .J-
Meeting Date 10/25/94
Policv Issue Rel!ardinl! Fundinl! for Aauatic Facilitv
In the overall analysis of utilizing City funds as a contribution to the YMCA for use in building an
aquatic facility; staff wishes to place before the Council the issue of the use of PAD and CDBG funds.
As noted during the CIP approval process for FY 94/95, revenues from PAD fees have been lower than
projected for the past two years, due to the slowdown in the housing industry The Parks and Recreation
Department every year proposes a CIP program to improve the parks and recreation facilities in the City
of Chula Vista. The Department's only source of funds, except for one CIP project approved for FY
94/95 (Otay Park improvements) is PAD fees. The funds being considered as a contribution to the
YMCA aquatic facility reduces the amount of PAD funds available for other park and recreation projects.
There are several projects on the horizon, for which PAD funds need to be appropriated: rehabilitating
Greg Rogers Park; the last two phases of renovating Rohr Park; rehabilitating Rohr Manor; and
rehabilitating Parkway Complex - Phase II. All of these projects have been delayed in the CIP Five-Year
Plan due to funding constraints.
On the other hand, staff realizes the importance of accelerating an aquatic facility for Chula Vista,
especially given the previously listed benefits of the YMCA pool proposal. Therefore, staff has identified
this as a policy issue relative to the prioritization and distribution of CIP funds.
Proposed Fundinl!
The proposed funding (approved by the Council on June 21, 1994) contemplated by the attached pledge
Agreement. is as follows:
A. $250,000 from the City's Park Acquisition and Development ("PAD") funds:
$20,000 of which has previously been appropriated (in FY 93/94) prior to the execution
of this Agreement,
$50,000 of which will be required to be appropriated not later than 6/30/96; and
$60,000 of which shall be contributed not later than June 30 of each of the following
three years: 1977, 1998 and 1999;
all of which shall be contingent upon future appropriations by the Council, which shall be
considered in good faith by the Council.
B. $250,000 from Community Development Block Grant Funds:
$50,000 of which shall be paid not later than Julie 30, 1995 (appropriated in the FY
94/95 budget) and
$200,000 of which shall be funded from a Section 108 Community Development Block
Grant Loan in the amount of $200,000, not later than June 30, 1995, if approved and
[A-II3 - YMCAfund.A13 - 1O-2l)..94]
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Page 4, Item J,,2
Meeting Date 10/25/94
available; otherwise, $50,000 per year for each of the subsequent four years. Such a
Section 108 loan will require the use of CD BG monies in later years to repay the loan
in amounts that will need to be determined at a later time, which will clearly limit the
availability of future years CDBG funds for other City uses.
All contributions required to be made in FY 94/95 have already been appropriated except for the CDBG
loan, so the attached resolution appropriates the anticipated proceeds from the loan application.
NegotiatiUl! with the YMCA for an Agreement: Per Council direction, the City Attorney and staff
commenced negotiations of an Agreement and conditions which would address the disbursement of funds.
During the negotiation process an impasse developed on several issues. At that time, the City Manager
entered the negotiations, and there is only one remaining issue to be addressed:
The YMCA does not want to indemnify the City if litigation arises over the use of PAD funds. The
YMCA believes it is the City's decision to utilize a source of funds, such as PAD, based on the legal
advice of the City Attorney, and it would not be the YMCA's responsibility if there was a legal dispute
over use of PAD funds. They reason that if the City Attorney rules that it is proper to use PAD funds
for the City, why not the YMCA as well? The problem is that the City Attorney is ruling only as to the
City, and not the YMCA, since the YMCA may operate the facilities funded by PAD funds differently
than would the City and, therefore, his advice would not apply to the YMCA. It is also argued by City
staff that if the YMCA is willing to indemnify the City regarding the use of Block Grant funds, why
shouldn't they also provide indemnity as regards the PAD funds? The YMCA, on the other hand, feels
they should only provide indemnity for money provided by a third party, the Federal government, not
funds collected by the City itself. As such, the YMCA does not agree to indemnify the City Since we
are at impasse on this issue, the YMCA has suggested the possibility of "friendly litigation" or a
validation lawsuit, whereby the YMCA would request a written determination on the issue, and a decision
would be made, through the court system, as to the proper use of the PAD funds.
Issues Involved with the Agreement: The attached Agreement obligates the City to make the foregoing
contributions subject to funding availability and future years appropriations, requires the YMCA to make
a fund raising effort, and if it is successful, to design, construct and operate for a period of not less than
25 years the Facilities, and attempts to protect the City against the following risks:
I Public Use. There is a risk here that the YMCA, as operators, will not allow unrestricted access to
the Facility to the public generally This was especially a concern of the Parks and Recreation
Commission. However, the Agreement requires public access at least to the aquatic facilities on the same
or similar 'terms as the public will be permitted access to the Parkway Pool. An exception to this
requirement is that the YMCA can set the price for admission to fully cover costs of operation and
overhead. This may set a price of admission to the pool at a much higher price than is charged at the
City pools, thus limiting equal access to the public. On the other hand, to do so would be contrary to
current YMCA practices and would hurt their ability to draw enough swimmers to make the facility
economically viable.
[A-113 - YMCAfund.A13 - 1()..20-94]
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Page 5, Item /~
Meeting Date 10/25/94
In addition, other safeguards could be added to the Agreement in order to ensure public access. This
could include conducting a needs assessment, which would include surveying students of the school
district and the community-at-large to ensure that their services are meeting the public's needs. The
YMCA is amenable to this, as well as to other forms of public access which shall include dedicated open
swim time, integrating the Youth ACTION Program into their program offerings, and learn-to-swim
courses for children. Lastly, although many of the offerings of the YMCA may be fee-for-service, they
have assured staff that no child will be turned away due to fees. A scholarship program for needy
youngsters has been in place at the YMCA for years, and can most certainly be applied at this facility
as well.
The YMCA has assured the City that they will make a best effort to ensure access.
Also, the Agreement has covenants of non-discrimination against title, and provides that the public will
have access without regard to race, color, creed, religion, gender, sexual orientation, etc. Approval
rights mitigate this risk, but the risk would again be carried by the City should the City be unable to
supply the full contribution due to uncontrollable causes.
2. Failure of CDBG-Eligible Usage. The risk associated with CDBG funding is such that if, in each
of the 5 years after the City's Contribution, 51 % of the users of the Teaching Pool, annually, are not at
or below 80% ofthe regional median income (about $38,000 per year [determined by HUD]) households,
the City will be required to repay HUD $250,000. The YMCA has power to control access to the pool.
The mitigation of risk, contained in the Agreement, is that the CDBG contribution will be spent
specifically for the Teaching Pool, which the YMCA advises will be largely used for seniors, youth, and
persons with a disability--two groups who are presumed to be low income households. The YMCA
agrees to keep records regarding usage to the maximum extent required by CDBG, and will make them
available to HUD or City on request. The YMCA agrees to limit remaining access such that 51 % will
be users from low and moderate income families. The YMCA will indemnify the City against any
required repayment to HUD.
3 Public Bid on Construction Contract: As a condition of CDBG funding, HUD requires that the
construction contract for the project must go through a process of public bid and that Davis-Bacon Act
provisions must be used. The YMCA has concerns with this requirement, and this issue needs to be
settled. Staff is in the process of setting up a meeting with HUD to discuss this issue.
4. PAD Fees Fund Constraints. The first risk associated with the use of PAD funds is that PAD funds
are lower than in previous budget years, and the City may not experience sufficient housing starts to
provide $50,000 by the June 30, 1996, nor the $60,000 at the end of each of the subsequent three fiscal
years. To mitigate this risk, the Agreement has been revised to provide that if the funds are not available
in the account, the obligation to make the payment is deferred.
As discussed above, the second risk is the legality of utilizing PAD funds for a quasi-public purpose.
The Agreement contains a condition that the YMCA shall, at their own cost and expense, not later than
60 days after execution of the Agreement, and sooner than the first PAD Fund contribution is due,
petition the Court to validate that the use of PAD funds is legal.
[A-H3 - YMCAfund.AI3 - 10-20-94]
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Page 6, Item / tl
Meeting Date 10/25/94
5 The Funding Failure Scenario. If YMCA will not be able to get all the financing after the City
gives its contribution, the facility would not get fmanced or built, and the $500,000 could be spent
without any Facilities to show for it. To mitigate this risk, the Agreement states that the City will not
have to pay over its contribution sooner than a construction lender has irrevocably committed to finance
the first phase of the Project, and the contract is let to bid. If there is a funding failure sooner than that,
the City will keep the funds not already contributed. The Agreement gives YMCA the right to reduce
the scope of Phase I to a size that will allow it to fit within the funds raised by the fund raising effort.
This will probably happen before no facility at all is built. In such a case, the only risk is that the value
the City would get if the Contribution is diminished.
The YMCA also has a concern that the Contribution from the City may result in a lesser funding level.
The YMCA Board of Directors understands that the City will match up to $500,000, dollar for dollar,
funds contributed by the Board of Directors from the "Committnent to Youth" Fund. Should the City
contribute a lesser amount; for example 80% of the $500,000, or $400,000; then the Agreement should
run for a lesser period, e.g., 20 years instead of 25 years. Or, if there is a shortfall created by the City
not contributing the full $500,000, but more than $400,000, then any shortfall created by an amount less
than $500,000 would become debt to the YMCA and considered a direct operating cost of the facility
over time.
The proposed Agreement contains language that if City fails to pay substantially all of the City's
contribution, but pays 80% of the contribution, and the YMCA's contribution is not similarly reduced,
then the parties agree that the City's right to approve fees, programs and hours or accessibility shall be
limited to ~O years.
If less than $400,000 is contributed by the City, both parties would agree to re-negotiate the Agreement.
6. Diminution of the "Value" from the City's "Contribution". The YMCA has asked for the right
to decide what Phase I will consist of, based on the result of its fund raising efforts. If YMCA reduces
what facilities get built in Phase I to accommodate its funding achievements, the City would have
contributed $500,000 expecting to get a $2.6 million Phase I Facility, but the City could get a less
extensive facility actually built. To mitigate this risk, the YMCA will agree that they will need City's
approval of any redefmition of Phase I (but which must include the lap pool and teaching pool), which
the City will have the right to withhold, if the City doesn't like the proposed reconfiguration of Phase
I.
7. Operational Failure After Constmction. If after Metro YMCA funds, designs and constructs the
Facilities, they don't have sufficient funds to continue its operation; the City can mitigate against this risk
by contributing to on-going operational deficits; but the Agreement also requires the parties to negotiate
in good faith for the purchase and sale of the Facility to the City with the goal being the continued
operation of the Facilities as a City park and recreation facility
FISCAL IMPACT: For FY 93/94, the Council appropriated $20,000 in PAD funds, as yet unexpended.
On June 21, 1994, the Council approved an appropriation of $50,000 in CDBG funds for FY 94/95
[A-H3 - YMCAfund.AI3 - 10-21).94]
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Page 7, Item M
Meeting Date 10/25/94
There are future funds which mayor may not be realized due to circumstances beyond the City's control
(reduction in the City's receivership of CDBG funds, or lower than projected PAD fund revenue). These
funds have been planned for in a future Capital Improvement Project, as follows:
$60,000 in PAD funds, which shall be contributed not later than June 30 of each of the following three
years. 1997, 1998 and 1999
$200,000 in CDBG funds which shall be funded from a Section 108 Community Development Block
Grant Loan in the amount of $200,000, not later than June 30, 1995, if approved and available;
otherwise, $50,000 per year for each of the subsequent four years. Such a Section 108 loan will require
the use of CDBG monies in later years to repay the loan in amounts that will need to be determined at
a later time, which will clearly limit the availability of future years CDBG funds for other City uses.
However, use of PAD and CDBG funds will delay the Department's CIP projects, unless revenue
projections improve considerably in the next 5 years.
"B" -
Minutes of Park and Recreation Commission meeting of July 21, 1994
Minutes of Park and Recreation Commission Workshop of August 11, 1994
Site Locator Map
Minutes of City Council Meeting of May 18, 1993
Minutes of City Council Meeting of May 17, 1994
Minutes of City Council Meeting of May 24, 1994
Minutes of City Council Meeting of June I, 1994
Agreement with Metro YMCA
Attachment: "A" -
%"C"_
liD" _
"E" -
lip" _
"G" -
~ "H"-
~ SMtJ tJ e 1> NO r .s t!/tJp tJ t:,{)
I1f...L f!)rH~R.. ffrrl7t!H-HG~ IS
[A-H3 - YMCAfund.AI3 . 10-20-94]
/.) - 7 jl:J, - /3
Attachment A-I
.
PARKS AND RECREATION COMMISSION
July 21, 1994
PAGE 4
Commissioner Palma thinks that the issue of where the money comes from to build the road is
not an issue for this Commission, but an issue for City Council.
Commissioner Helton is not in favor of locating either a Veterans's facility or a senior care
facility in the area. She also feels that a Fun Center should close earlier than 11'00 pm on week
nights.
Motion to support the draft issue paper and to convey the Commission's comments and concerns
to Planning for the EIR.
MSUC WILLETT/CARPENTER 7-0
Commissioner Alevy thinks that the topography of the land as well as its past uses and current
condition should be better defined in the issue paper in Section 4.1.5. It is his opinion that the
current dialogue creates an inaccurate picture of the land in the mind of the reader.
c. Landscaoe Manual
Landscape Architect Martin Schmidt briefed the Commission on minor changes that have been
made to the Landscape Manual.
Motion to approve the amendments to the Landscape Manual.
MSUC WILLETT/PALMA 7-0
d. Status of AUl!ust Meetinl!slWorkshoo
Director Valenzuela presented the Commission with the issues that have to be dealt with in
August and asked whether the Commission wished to have a special meeting to deal with the
Otay Ranch Project, separate from the regular meeting.
The Commission decided to hold a special meeting on August II at 6:00 pm, to consider the
Otay Ranch Project.
The regular meeting will be held on August 18, but will convene at 6:00 pm rather than 6:30 pm.
e. YMCA Al!reement
Director Valenzuela gave an overview of the report that was contained in the Commissioner's
agenda packets and asked if the Commission had any questions regarding the agreement.
Motion to support the staff recommendation.
MSUC ALEVY/SANDOVAL 7-0
/~.9
Attachment A-2
PARKS AND RECREATION COMMISSION
July 21, 1994
PAGE 5
Motion that if the City of Chula Vista obtained private sector donations, that the amount of those
donations is earmarked to defray the City's portion of the project's financing rather than being
applied to the financial obligation as a whole.
MS ALEVY/PALMA 3-3-1 (SANDOVAL/CARPENTER no) (WILLETT because he feels
it is out of the scope of the Commission and should be under the purview of the City
Attorney)
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Motion that the Commission go on record as being opposed to this agreement, based on concerns
regarding the financing arrangements, the lack of public access and programming input, and the
general failure to meet the priorities of this Commission. The Commission opposes
administrative use of Parks and Recreation funds without prior input from the Commission and
with disregard for Commission priorities. This motion will be conveyed in the form of a letter
signed by all members of the Commission.
MSUC ALEVY/CARPENTER 7-0
7 COMMUNICATIONS
a. Written Communications
NONE
b. Commissioners' Comments
Carpenter thanked the Chair for a job well done. In addition, she updated the Commission on
the activities of the Youth Coalition.
Willett supports the Parks and Recreation Department staff in the fine job they are doing with the
increased workload over the past few years.
Alevy would like the Commission to explore the potential for the Department use of the Olympic
Training Center
Hall feels that Commissioners should get out to visit park sites on a more frequent basis.
Carole Cramer Stohr
/.;. .jp
MINUTES OF A
WORKSHOP OF THE
AND RECREATION COMMISSION
Attachment B-1
DRAFT
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PARKS
Thursday, 6:00 pm
August 11, 1994
Public Services Building
Conference Rooms 2 & 3
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1 . ROLL CALL
Members present:
Commissioners Alevy, Carpenter, Hall,
Palma, Radcliffe & Sandoval
Members excused:
Commissioner Helton
Before the workshop began,
introduced to the Commission.
Commissioner Radcliffe was
2. PRESENTATIONS
YMCA AOUATIC AGREEMENT
Tina Williams, Director of the South Bay YMCA, and Greg Cox,
Campaign Steering Committee Chair for the YMCA, (arrived after
presentation began) gave background information to the
Commission concerning this issue. Ms. Williams explained that
the YMCA has been in this community for approximately 34
years, at the facility located on Fourth Avenue. In 1989, the
YMCA started looking into the possibility of having a full
service facility. McMillin Companies have donated to the YMCA
5.6 acres of land in the Rancho Del Rey area. In 1993, an
outside council was commissioned that was composed of 45
people from the community. A building plan was approved, and
last year a fundraising council was established. The project
would be a two phase project, that will create a 56,000 square
foot facility. The largest part of this facility will be the
aquatic center. The total of all costs for this facility will
be $9.5 million. The YMCA is asking the City to help with the
funding of this facility. They are asking for this money to
come from CDBG funds and PAD funds; $250,000 from each.
Commissioner Alevy had concerns that the fees at the new
facility will be the same as similar programs run at City
facilities. Ms. Williams explained that, as per the agreement
that will be with the City, there will be a governing body (as
delegated by the City Manager) to establish these fees every
year. Commissioner Alevy also asked if there will be
membership fees to use the facility. Ms. Williams explained
that there will be membership dues; however, a person does not
need to be a member to use the facility. Commissioner Alevy
asked where the $500,000 will come from within the City. Ms
Williams explained that the agreement has been structured to
reflect that the funds will come from CDBG funds and PAD
funds. Director Valenzuela explained that the money would be
I:J "II
Attachment B-2
.
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donated to the YMCA gradually over years,
SouthBay YMCA can secure $500,000, the Metro
to them another $500,000 to $1 million.
and that if the
YMCA will commit
Commissioner Sandoval had concerns of this being a gift of
taxpayers money to a private organization. Mr. Cox explained
a City's standard for pools is 1 per every 20,000 residents,
and having this pool would count towards this. This pool
would be an enclosed pool, which the City does not have at
this time. Commissioner Sandoval feels that this might set a
poor precedent and the City may not be able to partner with
other private organizations. Mr. Cox also stated that the
cost of maintenance would be paid for by the YMCA; the City
would not have this expense once the pool is operational.
Commissioner Carpenter has concerns with the language of the
agreement, especially concerning the joint use. She wants to
be sure any community group will have access to the facility
for their programs. Ms. Williams and Mr. Cox explained that
all groups will be able to have use of the facility, but to
what extent will be decided when the agreement is finalized
Commissioner Carpenter asked for explanation on the YMCA's
outreach plan. Ms. Williams outlined the outreach program at
the YMCA: from the many childcare programs at schools in the
City, the YMCA can use their vans to transport them to the
facility; work with the school district to bring in targeted
groups of children using school transportation and the YMCA
vans; work with the Youth Coalition to target middle school
students; and also to start outreach to the senior population
for transportation to the facility.
Commissioner Palma asked what guarantee do we have that if you
get $500,000, but can't corne up with your own funding will the
project go "belly up". Ms. Williams said that in the
agreement the YMCA is committed to raise the funds for Phase
I and if they don't, the Metro YMCA will not hand over the
money.
Commissioner Sandoval asked if the YMCA expects future money
from the City. Ms. Williams stated it has been considered
Commissioner Sandoval is concerned that if money is given to
the YMCA for their project, the City cannot make improvements
that are needed for City facilities.
Commissioner Radcliffe asked Director Valenzuela if the money
would come out of the Department's budget. Director
Valenzuela explained that it would corne out of Parks
Acquisition and Development Fund which is a fund that is used
to acquire park land and make improvements on park land owned
by the City.
Commissioner Alevy would like to see a revised agreement.
Director Valenzuela said it will come before the Commission
for review and comments and then take it to council
1.2 -I,;J..
Attachment B-3
'.
Chair Hall asked about the time frame for build-out. Ms
williams stated that the target for Phase I construction to
begin will be the end of 1995. Phase II will begin when the
community and funding is ready. Chair Hall stated that the
Commission is concerned about the tightness of money versus
the need of recreational facilities. If the City gives the
YMCA money for this facility, then the Parks and Recreation
Department should have access for programs at this facility
Commissioner Alevy questioned the feasibility of joint
operation of the Otay Park Gymnasium. Director Valenzuela
explained that this has already been discussed with the YMCA,
and the YMCA may be able to assist with programs.
OTAY RANCH PROJECT PARKS ISSUE PAPER
Mr. Gerald J. Jamriska, Special Planning Projects Manger, and
Mr. Richard M. Rosaler, Senior Planner, from the City's Otay
Ranch Department gave a presentation of the future plan for
Otay Ranch. Mr. Jamriska began by giving background
information In the Spring of 1988, the Baldwin Company
submitted a plan for 23,000 acres to the City, as well as to
the County of San Diego, to adopt a general development plan
for these acres. After 4 -1/2 years of hearings, studies,
environmental impact reports, and special issue papers, the
City Council and the Board of Supervisor, on October 28, 1993
adopted a general development plan. During the last several
months, before the plan was adopted, one of the issues was the
size of the neighborhood parks. The council felt that the
Parks and Recreation Department wanted larger and fewer
neighborhood parks, whereas the developer wanted smaller and
more neighborhood parks, as per the neo-traditional concept
that Baldwin is using for this development. The Council
postponed making a decision on this issue until the SPA plan
was submitted. The SPA has now been submitted and the issue
of the size of neighborhood parks needs to be decided. Mr
Jamriska said that tonight he would like the Commission's
thoughts on this issue. He proceeded to show exhibits and
explain the plan for development of the Otay Ranch
Mr. Jamriska explained that the Parks Issue Paper was not
released because there is not agreement between all parties.
There are three areas of disagreement: maintenance, size, and
the neo-traditional concept of the village design.
Mr. Rosaler further explained the neo-traditional housing
concept and the planned parks and recreation facilities for
Otay Ranch.
Mr. Jamriska explained that this issue paper will be presented
to a Council sub-committee. One of the requirements for the
general development plan adoption was that the City Council
and the Board of Supervisors appoint a sub-committee to
continue coordination and implementation of the plan.
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CHULA VISTA PLANNING DEPARTMENT-
C!) APPLICANT: Y. M. C. A. of San Diego PROJECT DESCRIPTION:
CouDty
ADDRESS: 851 PASEO RANCHERO
ICALE: FILE NUMBER:
NORm 1" - 400' PCC - 94 - 10
1~'lr //:<-':<1
"...........'''''\;;11.. U-~
1,-
Minutes
May 18, 1993
Page 13
'.
Mayor Nader stated that the motion stated that rather than taking the funds from the Neighborhood
Revitalization program it would take it from the USlAA. He (elt the USIM filled a need (or the youth in the
community and with Councilmember Rindone's motion it would fund USIM and still allocate $5,000 from
another program category to PAL. I( PAL determined the programs were a duplication they could then use
the funding (or other uses.
Councilmember Horton stated her concern was that USIM did not have a (acility in Chula Vista.
Mr. Salomone responded the program would have to serve the Chula Vista community and that would be
part o( the contract and monitoring program. He suggested that both funding sources be given to PAL and
PAL could decide, with Council's direction, how to disburse the funds.
Mayor Nader stated the ameudment 011 the floor would delete the allocation to USIM, reallocate that S5,OOO
to PAL. The PAL allocation, UDder the Social Serrice Component, would be a total of S9,OOO. PAL would
be iDstnIcted to consider negotiating with USlM for the use of S5,OOO of that allocation for the provision
o( services to citizens in the commWlity. Separately, as part o( a separate motion, Council could consider
the rea11ocation o( S5,OOO from the revitalization program to PAL.
VOn: ON AMENDMENT: appruvoed .m.nlmously.
Councilmember Fox expressed concern the evaluation matrix did not take into account the recommendations
o( the commissions. He requested the commissions receive the staff recommendations before their review
in the future.
von: ON MOTION AS AMENDED: approved .mAnlmously.
(- Councilmember Rindone stated the second o( the three categories was the Community Project Funding
\ requests. He had two major concerns in the category: 1) Chula Vista Elementary School funding (or the five
; playgrounds; and 2) YMCA aquatic (acility. He (elt the City should, at a minimum, fund the schools the
, amount funded last year, if not the full $125,000. One o( the options (or the aquatic (acility was to fund
at $100,000 and the other option was zero funding which he (elt was the wrong message. I( there was a
substantial commitment to fund the playgrounds on the west side he (elt there should also be a commitment
on the east side. He recommended at least $100,000 in funding and requested staff address the funding
, issue. He would not vote (or anything in the Community Project Funding category without addressing those
l issues.
Councilmember Horton questioned whether there was a duplication o( funds regarding the Otay Park
Renovation and the Chula Vista Elementary Schools request.
City Manager Goss stated the request was to improve the playgrounds at five elementary school sites and
at least three, to his knowledge, had previously received block grant funding (or playground improvements.
On each o( the school applications they listed 'repair and level turf play field' and questioned whether that
was not a school maintenance type of expense. Some o( the requests seemed to fit into Council's past policy
o( putting in park type facilities at elementary school sites.
Councilmember Moore felt Otay School could be taken out o( the request. The District was looking (or
improved recreation and by improvinl the school property and the adjoining park it would be accomplished.
Mn. Shunon stated their request last year was $100,000, they received $50,000, and were not able to do
everything they wanted to do at the three schools. If Otay was removed she (elt they could do a decent job
with S75,OOO at thefour schools. She would have to 10 back and look at the budget.
City Manager Goss stated he had a problem with block grant funds being used to repair and level a turf
playfield as he (elt it was a school maintenance function.
~/')'-/>
"... "'U'-""''-''''' v~'-
t
Minutes
May 18,1993
Page 14
>.
MS (Rindone;Moore) to grant $60,000 to the O1ula Vista Elementary SchOol District for playground
improvements at four schools.
Counci1member Rindone referred to the JlJ)A modifications of $36,000 and questioned whether it could be
funded out of the General Fund.
City Manager Goss stated any of the projects could come out of the General Fund but staff was trying to
protect the General Fund due to the onslaught by the State.
Councilmem ber Rindone noted the City had also submitted capital outlay projecu for COBG funding and
felt it was a matter of priority. If Council determined it was a C1P project that was needed, instead of
bumping something else, it would have to come from the C1P reserves. He was uncertain as to how much
was in the reserves as Council had not received the budget. His third concern was the Chula Vista Adult
School, not the Del Rey High School as listed. That was promised when the Montgomery area was annexed
and he questioned whether the project would be delayed if Option A was not approved. He questioned
whether there was an alternative funding source.
City Manager Goss stated the design work would be delayed. There was funding and staff planned to
proceed with the awarding of the contract for the other Fourth Avenue project that would address some of
the commitments made by Council to the community in the southern portion of the City. Staff could look
at other funds for the project.
Councilmember Rindone stated if two.thirds of the project was ready to go he would like to see the project
finished. If alternative funding could be utilized it would give an additional $76,000 to work with.
t City Manager Goss informed Council the $67,000 had already been removed for Options B, C, and D. There
\ was a subset A which recommended the YMCA be encouraged to meet with the City to discuss other funding
, options. He would not like to see the YMCA make an investment on a pool and the City make an investment
on a similar facility two blocks away. If the YMCA was successful in obtaining a facility he questioned what
would happen to the City's overall CIP, such as putting a swim center in that area. If it was true they could
provide equal access, he felt other funds, outside of block grant funds could be looked at in order to try to
help them achieve their objectives. There could be other options when overall communiry needs were
reviewed.
'-
Mayor Nader questioned whether Community Projects and Capital Improvements were two legally distinct
categories or if they were two parts of one category.
Mr. Salomone stated they were two parts of one category and Council could move monies between the two
categories.
Mayor Nader stated he was hesitant on voting for the motion on the floor because it did not state where the
additional funding would come from.
SUIlS'1Tll1IE MOTION: (Nader/Fozl to appnIft Option B for $250,000.
Councilman Rindone felt there were needs in the City that would not be met by Option B and he would not
vote for the motion. Of the two projecu he addressed, they would get &ero funding and the other would
get $25,000.
MlIJW Nader stated he would incorporate a staft'referral regarcliDg Pourth AftDue into his IDOtioa, qreecI
to by the Second. Tbe ftPOrt is to be brought back during the CIP budget rniew.
~
/.,2 "'/?
Minutes
May 18, 1993
Page 16
L
Attachment 0-3
'.
r Mayor Nader stated it was his undentanding that if the main motion, Option B, passed funding for the
YMCA would be zero but staff would look at other funding sources, particularly PAD fees, based on their
_ representation the facility would be for community use.
r City Manager Go.. stated that was staff's intent. The ClP budget presented to Council already had the PAD
I fees committed but if it was looked at on the long term it would need to be discussed with alternatives
l brought back to Council. Whether it was zero or $100,000 he would recommend staff meet with them.
r Ms. Williams stated they would be willing to look at the issue as long as their request was not forgotten or
by-passed.
\ AMENDMENT TO ManON: (RiDdonelHorton) staff is to meet with the YMCA and look at ai_tift
. funding sources and altematift ways in which there could be community partidpatioD in adclitioD to YMCA
partidpation. Mayar Nader stated he would iDcoIporate the amendment into the maiD motion.
Mayor Nader stated there would be a zero allocation from CDBG funds, approve in concept a City funding
level of $100,000, and direct staff to meet with the YMCA and report back to Council during the budget
hearings.
City Manager Goss stated due to amount of funds available he felt there would be funds that could be
. reprogrammed later in the year.
-
AMENDMENT TO MOTION: (Nader) to reallocate $5,000 from Option B from the &IDOIIIIt r-"'"..._ded
for the NeighborbooclllmOfttioD Progtam to the C1ula Vllta Police Adtrities Leque for the purpoM of
providing recreatiODal facilit:ies and services in the Otay area. Amendment to be incorporated into the maiD
motioD as per the Malter and SecoDd of the motion.
AMENDMENT TO MOTION: (Moore.lNader) to direct staff that other than dean-up and remcma1, for the
Community Appearance Propam, any other improvements to the property be limited to a f:>> of $100.
Councilmember Rindone stated he had asked staff for a response regarding his concern regarding the use
of CDBG funds and the separation of church and state. There was a project contained within the motion
that could be impacted. He also questioned whether the opinion was valid for the Home Repairs for Seniors
program.
City Attorney Boogaard reviewed the operation of the program and concluded there was not a violation as
there was no religious indoctrination involved as a condition of offering the lunches. It was operated
separately from the Lutheran Church. The program was being conducted by a private non-profit corporation
owned by the church. He had not reviewed the operations of the Home Repairs for Seniors prolf&lll and,
therefore, could not give an OpiniOD.
Mayor Nader stated the program was also operated by Lutheran Social Services' non-profit corporation.
Mr. Harris stated HUn regulations clearly spelled out that a religious organization could become a sub-
recipient of CDBG funds if it agreed to certain conditions. The program was proposed to be operated as a
public service completely separate from the church and operated by an independent non-profit organization.
VOTE ON AMENDMENT: -tP1owc1 unanimously-
MSUC (Moore.lNader) to direct the City Manager to bring a three JUT progtam for N-lp.borbood
RevitalizatiOD back to Couud1 duriD& the summer with a three JUT rotation.
VOTE ON ManON ItS AMENDED: approved ....an;"'9us1y.
11rJ. -/7
~,
Attachment D-4
'.
Minutes
May 18, 1993
Page 15
Councilmember Moore recommended the additional $35,000 be taken from the Olay Park Renovation. He
stated the school was being funded more than they were asking for. They had requested $125,000 and were
being funded $173,000 plus $25,000. He urged Council to approve the staff recommendarion.
Councilmember Rindone questioned what the impact would be on the Otay Park Renovation if $35,000 was
removed.
Jess Valenzuela, Director of Parks and Recreation, responded the project contained a lot of design work and
master planning of the park and the area around the school which would be done in.house. It would also
include the construction documents in the next fiscal year so there would be time to begin construction of
the park and the school. Additional work would have to be done through the department's landscape
architect but he felt it could be done.
AMENDMENT TO MonON: (lUndoDe/Nader) adjust die I'eCOIIlIIIeDdatiOD of Option B for die five
playgrounds from 525,000 to $60,000 and reduce by $35,000 the Olay Park Renovation.
Councilmember Horton questioned how much of the funding for the South Bay Graffiti Eradication program
was utilized for paint.
Mr. Harris responded the information was not available but would be supplied to Council before the next
meeting. Their budget was for $38,000 and of that, $33,000 was for staff time.
Councilmember Horton recommended the funding for the Graffiti Eradication program be cut by $5,000 with
the City utilizing donated paint and volunteen for the program.
Councilmember Moore felt the program should hire youth to paint out the graffiti.
VO'I1! ON AMENDMENT: approved IIn.nim9I111y.
Mayor Nader requested a breakdown on how the funding on the Otay Park Renovation planning would be
expended.
AMENDMENT TO MonON: (Moore/Fox) aJloate $50,000 to the EnviroDlDentlll Commerce Zone with an
additional $50,000 approved (can not be reaJJoated until brought back to Council) and the release would
be triggered when the Task Porce raised an additional 1so.41 matching funds from government and/or
private enterprise.
Councilmember Pox stated he would be more comfortable with the Task Force recommendation of matching
funds of $100,000.
Mayor Nader stated he would support the motion with some reluctance as it would allow the Commerce
Zone to move forward. He hoped that if staff came back with something that feU short of a 150% match
but the amount was ample to move the project forward, Council would consider at that time releasing funds
as necessary.
VO'I1! ON AMENDMENT: "I'I'.v....d ......nrm9us1y.
Councilmember Fox requested that when other entities were voting on something, i.e. as the Economic
Development Commission reviewed the request from the Environmental Commerce Task Force, he be notified
so he could attend the meeting.
",.,
['" City Manager Goss stated the staff recommendations for the YMCA were: 1) Options A and D were $100,000;
2) Options B and C were zero; and 3) additional recommendation that staff meet with the YMCA ro consider
other funding options outside block grant funds.
I /~-/Y'
Minutes
May 17, 1994
Page 10
Attachment E-1
'.
He did not want to pul pressure on Ibe Police Activities League. Large numbers of Ibe youth community Dee<led
10 be inviled and involved, the Cily would have to sell the program to them. He recommended Council direct staff
to ronnulate a policy whereby all sa,'ings of the presenl graffili eradication fund, that could be allribuled 10
reduction in graffiti, be a1loc.ated to the City youth via an approved oversight activity, with specific
organizations being asked to accept the challenge and the fonnation of subcommillees to assist them.
Mayor Nader stated he did not have a problem witb the language and it was consistent with his intent. He
would incorporate that inlo the motion as point #4, agreeable to the Second of the Motion. He suggested Ibat
the Youth Commission be asked 10 name a represeDtative 10 the Police Activilies League.
VOTE ON NOTION: approved 3~-2 with Horton and Rindone absenl.
Mayor Nader felt aD exlra effort sbould be made 10 bring il 10 the allentioD of the student newspapers in the
communily as a means of bel ping 10 publicize wbatlbe City was Irying 10 do in creatiDg a Dew pool of City funds
for new aDd addilional youth programming over and above the current programs.
Councilmember Moore staled staff sbould work witb Ihe schools and their journalism classes.
. . . Councilmember Horton relurned al 7:50 p.m. · · ·
17. REPORT
will be given by staff.
Cily Manager Goss staled tbe proposed CIP budget was $7 7 million. He then reviewed the projects completed,
projects UDder conslruclioD, and proposed projects.
CAPITAL IMPROVEMENT PROJECT OVERVIEW - An oral report
Councilmember Moore referred 10 the streel issue dealing with the relocation of Ibe animal shelter and felt tbe area
for the aulo park should be opened as it was an area of income for Ibe City
Cily Manager Goss staled staff would return witb an information item regarding Ihat issue.
Councilmember Horton questioned wben construction would begin on the alloys.
City Manager Goss responded tbat ifapproved in tbe budget the design and construction would be done in 1994/95
He felt Ibere was a clear policy issue for the Council 10 determine regarding Ihe renovation of OLay Park. Staff
and the Parks & Recreation Commission bad recommended a large projecl 10 rebuild the park and make
improvements. The neigbbors preferred tbe construction of gYlllllasium. Council nee<led 10 give directioD as 10
wbether they wanted 10 advance loward building a facility initially or rebuild Ihe park. Another policy choice would
be regarding the funding for sucb a facility
Mayor Nader requested a supplemental budget memo regarding alternative funding sources for moving forward with
the gymnasium for OLay Park. The Parks & Recreation Commission should also receive a copy
Cily Manager Goss felt staff should also layout Ihe issues involved.
Councilmember Fox questioned Ibe recommended funding for tbe Eastern Aquatic Complex
City Manager Goss responded thaI Council's commilmenl was for $100,000, balf block granl funds and balf PAD
fees. The Cily did nol bave the $50,000 in PAD funds, bul PAD money would be available in 1995/96 and
subsequenl years to meet thaI commilment. Representatives from tbe YMCA recommended thaI 5250,000 be given
up fronl in a Seclion 108 loan. He did nol see a problem with thaI and it would be before Council during the
COSG item nexI week.
Councilmember Fox requested that the issue be addressed in a staff report. He was concerned that if the Cily
reduced their requesl and only gave the YMCA S50,ooo il would severely impacI their time table. He wanted 10
see the oplions presenled in a report.
I
Mayor Nader questioned wbelher il would be possible 10 do a City version of Ihe Section 108 loan program using J
luture PAD funds as the security for a loan guarantee.
/,2 -11
Attachment E-2
Minutes
May 17, 1994
Page 11
'.
---r
City Manager Goss responded that be was uncertain tbe City could borrow against future PAD revenues and wbat
the security would be.
18. REPORT
will be given by staff.
. Gretcben Brewer, 7648 1/2 La Jolla Boulevard, La Jolla, CA, representing Urban Ore, loc., gave a
presentation on tbe serial MRF concept versus tbe traditional type of transfer station. Sbe stated tbat Urban Ore
was communicating witb BV A as requested. Sbe felt Council should consider' I) not commilling the City's entire
wastestream to disposal, but keep tbe door open for recovery; and 2) avoid a .put or pay. contract witb a disposal
company
UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report
Couucilmember Moore questioned if someone was starting new bow they could find a funding source witbout a
guarantee, i.e. tons of trasb.
Ms. Brewer responded tbere was a fee for tbe dregs that arrived at tbe transfer station and a lesser fee or no fee
for recyclables and recoverables. In Berkeley, they were accepting materials from outside tbeir area. The City
sbould not close tbeir options for tbe nextlWenty years.
Mayor Nader questioned wbether Berkeley bad a franchisee handling trash. He further questioned whether it would
make any difference to the system sbe bad outlined if there was a private franchisee that had a multi-year contract
already in force for trasb collection.
Ms. Brewer responded thattbey had municipal curh-side service for trash and a contracted, non-profit, for curh-side
recycling collection. Sbe felt it would make a difference if tbe franchisee was guaranteed a certain amount of
material. The language of tbe francbise would have to be reviewed regarding .refuse.
City Allorney Boogaard stated the City bad only francbised curb-side collection recyclables so that if a bomeowner
wisbed to bring bis own recyclables it was exempt from tbe francbise ordinance.
Mayor Nader questioned if tbe garbage transfer station should be located next, or in close proximn), to the senal
MRF
Ms. Brewer responded that was correct.
Mayor Nader questioned whether Urban Ore, loc, did conventional garbage transfer He felt it would make sense
to package it all together in some type of consortium with a flrrn such as Urhan Ore and a flrrn that did a more
conventional transfer disposal facility
Ms. Brewer respond<<lthal was exactly the way Berkeley developed their facility
. Linda Froescble, Whitmore & Assoc. Arcbitects presented a prototype of a serial material recovery facilit)'
that was designed for Cbula Vista.
Couucilmember Horton questioned if there was another park similar to the design presented in existence.
Ms. FroeschIe responded thattbe prototype was scaled hack in Sonoma County Urban Ore, loc. bad designed
facilities in West Virginia.
Ms. Brewer stated the West Virginia facilities were generic models in design whicb were presented to the Solid
Waste Board in anlicipaliOll thaI they WOIlld be implemented tbrougbouttbe State. There were similar facilities in
concept as 10 what bad been described.
Couucilmember Horton questioned if they were privately owned if one developer would sublease to different
proprietors.
Ms. Brewer stated they bad not gollen into the ownership aspect. they wanted to leave that somewbat flexible. It
could be privately owned and leased to various non-profits and for-profits.
1..2 .,. .l~
1\1:1:acnmem. r-1
'.
Mmutc:s
May 24. 1994
Pa~e 15
"Iu)'or Nad~r stated if there was no uhjcl'liun, tin' Cit)' Atltlrnt.'}"s rc(omnu.'ndation would he inl'orporated
into Ihe resolul;on. RESOLUTION 17501, AS MIEI'\DED, OFFERED BY MA YOR I\ADER, readill~ or the
text wa.~ waived, passed und appru\'t~d ull:.lI1inwu:'\ll.
· · · Council recessed at 9:03 p.m. alld recunvened at 9:27 p.m. · . ·
22. RESOLUTION 17502 APPROVIi'lG TilE 1994/95 CO~IMUl\ITY DE\'ELOP~IEl\T BLOC'"
GRANT (CDBG) BUDGET AI\'D AUTIIORIZIl'\G SUBMITTAL OF TIlE CDBG APPLlCATlO:\, FI:\AL
STATEMENT, AND CERTlFICATIOSS TO TilE U.S. DEPARTMEST OF 1I0USI:\G ASD l.:RBA:'\
DEVELOPMENT -In Fiscal Y""r (FY) 1994/95. Ihe City will receive $ I ,812.000 in CDBG entitlement funds and
will have available $9,000 in unalloealed funds from FY 1993/94, maklO" a total of $1,821.000. Stall has
thoroughly consiut:reJ th~ r~ommt:ndations of st:\'~r~1 ~HJvis()r)' City Commi;'"ions amI the: commc:nts made: at the:
public hearing on 5/10/94 Staff recomm~nJs approval of the: rt:solulion. (Dirc:\:lor of Communit)' Dc\'dopmc:nt)
Chris Salomon.:-, DirC:l.':lOr of Community Dc:\dopmc:nt. ...t;tkJ stall' rc:..:ollll11c:ntlt:tl funuing for Chub:! Vista
Connection; mo\'~d th~ Firt: Safdy HOllst: into ano(ht:r l:akgol)' \\her~ it \\'OLIiJ nol I.;ompdt: With :-'Ol.;ial ~t:f\'iCeS
with a recommendation of $5,000; part of tht: Teell Center was I11l)"t:J to Communlly Projt:'t.:ts. i.t:', $15.000 and
added $10,000 undt:r CIP to h~ us~u for rt:no\'atlOn of :-.ite' :-.taft v.as rc:=.:ommcm,iJn~ a~aln~l the donatIOn of hus
passes because the profits frOl~ salcs \Ncnt to operatIOn... anJ \\ouIJ rt:~ult in a net rc"'Jll:lll>n of that prugr<:l.m; :dnu
staff offered the option of a Section 108 lOtIO to funu the aquall\" \,:e-nter
. Rose Johnson, 1609 Hoo\'cr A\'cnUe N.IIJon;t! ell) CA r~rre....~nllng the t\1-\AC Projc..:t. ~pllke in
opposition to the st<:itl rc":Ol11l11en,,.l:tlulI1 of $8.225 for fundmg 01 a ~t;ilf person <:it th~ 0(<:1.; Cenlt:r
She requestcJ full funJing of a staff p~r~on,
. Scott Mohser, 1301 Oleander Avenue, Chula VISla. CA, Execut"e D"ector Bo}, & G,," Cluh ot Chul"
Vista. rc:qut'steu that the $5.000 funJlng tor the T.ugdcJ Outrt'<:i..:h Program hr: transkrrcJ to the
Educational Enhancement Prol!r<:i1l1 whh:h ",:oulu result III S 1 0.000 fllndllll! The\' would tr\' to
pursue other funding for the T:rgekJ Outreal:h Program. Tha! \\'ouIJ ha\"'lt no n;t efk~t on~ the
City program. They also haJ:.t small pmpo....d tor CIP tllnJ.... tor \lllleyhallst.md ~lluirmt:'nl \'ohil.:h
was a on~ tin)e expenJiture. Tht: .h.'tllal ,,:ost of lO...talhng th~ t:l}ulpment "'as $5.500 anJ staff
recommenueJ $3,000. He rel}Ue...l~J th;it COlln..:d h)uk al tllnJln:; th~ full $5.500
Councilm~mher Fox stateu h~ hall rcqUltSlcJ a huJgd suppl~lllt'ntal Juring the huJgd workshop that \\oulJ exp.md
the Youth Action program. If Coun\..'il \..'omplieJ With MI' ~1osher ~ rt=llu~:o.1 tl,) nll)\e the re\..'ommenJeo amounts
to the Educational Enhancement Prugmm anJ pi"ll\'iJe Z~r\) tllnJing lor Tar=~kJ Outrlt.h.'h. p~rhaps some 01 Ihe
options that would he provideJ in the huJgd surp1em~l1t;t1 .:nuIJ In\"'lud~ Targded Olllre:'h.'h. It <:ippeareJ to
complim~nt the Youth Action program.
. Carol GaVe, 447 "F" Street, Chula Vista. CA. re-presenting Chllla Vista Fire Department. stated their
request waS $IO,OOOanJ sl.tft n:l.:ommenJeu 55.000. She requesteJ thai Council rt'~on~IJer their
one time request. Staff did cont.II,.'t another l..'ity that huilt their own trailer and their costs
exceeded $30,000 Staf1 had also cont:'K'teJ other fire dep.utmcnts rr:garding joint usage and with
budgetary constraints it was not fdt it W;,iS a vi.lhle solution,
. Greg Cox, 3130 Bonila Road. Chul" Vista. CA. represenlin~ South Bay Family YMCA. IOtrodueed
memhers of the YMCA BoarJ. He relluestcu Ih;t1 Coun\,.'il structure it 108 loan for an aJJitional
$200.000 which could be paid ha,'k h)' Ihe City ove, a four year period throu~h CDBG funds.
That was actually $50.000 more than Wh;'lt haJ h~en r"pr"selltcJ hy th~ City Manag~r. the- main
diffenmce was Chalthe fifth year in th~ rcljut:sl. He hopt:J lh~ YMCA would he ahle to get a total
allocation from Chullt Vista of $5UO.OUO tor the alluatl\,.' l.:'enler 520.000 hitJ he~n huJ~ekJ an
the CIP hudgd throug'h Park A\"'''luisitiun anJ Dc\'dopm~nt funds. They woulJ he ~ugge:-;ting at
the CIP hui.lget hearing that $50.000 he l.:'(JllsilJcr~J nc-xl y~ar ;,md th~ last three years funJing be
$60,000 each. It was their inknt to then imm~Jiatdy go to tht' M~Ifl) YMCA Bo.lrd anJ ust" that
as a challeng~ grant to have ch~m mt'd th;tt .lIHollnl. Thc YMCA BOi.lrd wa~ al~o working on
other creative ways of finanl.;ing to In\..'re.l~c the :'1I11ollnt ;'lh\.)\'e ;mJ he)'onJ the conlrihution from
the City He asslIrelJ COlln\,.'ilthat the) h;IJ nn intent to \..'Ul1le ha...'Io. \.1Il the CDBG pnrtion of the
I~',)..I
Attachment F-2
Minutes
May 24, 1994
Page 16
'.
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funuing or PAD funuing to gd H hi,ggeT commllment. He t'dl it woulJ he appropri<l.tc to earmark
the funus for the training pool as it \nHlILi cost arrroximakly $250.000.
Mayor Nader staleu Section 108 was abo heing useu to facilit.tte the high tcl.:h/hioh:ch zonc::, a proposal for a generic
small husiness incuhator. anu the propost'u aqulitic facility He questioned if it was getting to a point wht:re the City
needed to worry ahout o\'erextenumg the City's Section 108 capahility
Mr Salomone responded that the impact of the loan to the YMCA was quantified, the incuhator and the high
tech/biotech wefe Joan guarantee programs. He:: dicJ not set' that as a consiueration.
illS (Nader/Fox) to amend the staff remmmendation 10 include the followin~: I) appTl".e Option # for the
Aquatic Center and increa,in~ the loan ~uarantee amount 10 S200,OOO; 2) reallocate the CIP funding for the
Olay Park allocation to Ihe ~ymna,ium (pa~e 22-6); 3) adopl Ihe YIIICA requesl to reallo""te the Social
Senice fundin~ of SIO,OOO fllr the Educalillnal Enhancemenl Prll~ram and 70ern fundin~ for the Targeted
Oulreach Pro~ram. -
IIla~.or Nader stated the requc.st was askin~ ,Iall III put Ihe Tar~eled Oulreach Pro~ram nn Ihe "\\ ish List"
to he considered for other than CDBG fundin~. lie ,Ialed he wlIuld incllrpllrale thaI inlo his motion, hut no
one should he under the iIIu,ion Ihal il wlIuld happen due 10 Ihe slale of the hud~el.
.4.MENDIIIE!,;T TO 1I10TIO;\;: (HlIrlon/Rindllne) tll include: I) ,m additillnal $5,000 fur the Fire Safet)"
House; and 2) as a condition (If funding for tht., AlIua1ir Center that the Downtnwn Yl\ICA. pnn'ide the
matching funds hcfnre tht: CiI)' prm'ides fundin:.:.
Mayor Nauer qu~stion~u \l,.-hc:rc the aJultlOnal 55 000 funulng woulJ I:01llc from for the Fife Safely House.
Mr Salomone statc:u thert' wa~ over $1 milium In the CIP pr(\gral11 anu theft' was an Contlngenc)' anJ Cost Overrun
recommendation of $46.000 Thai \'-as veT\" m()(Jt:'~1. hul if Counl..:'i! \,..anted 10 take the additional fundin!! from that
account the gymnasium request coulL! he h;lI) tunueJ. ...
Mayor Nader ~tah:~d he would support that ti.mtling sotln:t'.
CouncilmemheT Rimlone statcJ he also suprnrku thiit hmuin~ !"Olln.:c. Hc qu~~tioncJ whdh~r additional monies
could he laken from the ClInlin~eJ1c). a'TlIunl III make Ihe fundin~ fllr the Ola). Park ~).m an even $250,000
versus $229,000.
C~uncilmemher Hortnn stated she wa!'i aj.!,rl'l'ahle to that fundinj.!, rt'Commendatinn.
AIIIEJliDIIIE;\;T TO 1II0TIO:\: (FlIx. a~reeahle tlllhe ~Iaker and SeclInd IIf Ihe IIll1tilln) tll appro,.. funding
of an addilillnal $2,500 fllr the YIIICA VlIlle)hall Slandard, reque.'I, ,"unds to clime from the Contingenc)"
funds.
VOTE ON AMENDl\lEJliTS: apprc".ed unanimllu,I).
VOTE ON 1II0TION, AS AIIIENDED: llpprm'ed unanimllu,ly.
RESOLUTION 17502, AS AIIIEJliDED OFFERED BY ilIA YOR NADER, reading of the text was waived,
passed and approved un,mimous1)".
Councilmemher Moore stated he had neen ah!"ent at the initial CDBG rllnlic hearing hut had reviewed the tares and
therefore particiraleu in the item.
23. RESOLUTION 17503 ACCEPTING BI[) AJ\D A \\ ARDING CO!,;TRACT FOR "THE
CONSTRUCTION OF IIIAIN LIBRARY RE-ROOFI:\G PROJECT IN TIlE CITY (LB-130)" - On 4/6/94.
sealed bids weft~ received for the constnlction of the main lihrary fe-roofing pn~iect. The flat roof for the main
/~-.;.,?-
Attachment G-l
Minutes
June 1, 1994
Page 5
Mayor Nader stated he would vote for the motion, hut action in the past by Council in certain areas had been a cost
effective way to deal with a safety issue. He did not want the m?tion construed that staff could not make that
recommendation to Council.
VOTE ON MOTION: approved unanimou.,ly.
Mr Goss reviewed the funding proposed for the South Bay YMCA aquatic center He stated Supplemental Budget
Memo 1/9 listed all the proposed CIP projects.
. Glen Goerke, 877 Country Club Drive, Chula Vista, CA, stated residents of Sierra Way and Palomar had
spoken tbe issue of tbe delineators along with the residents of Country Club Drive. He handed out a letter
requesting the replacement of traffic delineators with a permanent stamped concrete alternative. He stated the
delineators on Country Club Drive were the only ones in a residential area. in the City.
. . . Councilmemher Fox lert the meeting at 7:38 p.m. · · ·
MSC (Nader /Horton) to reconsider previou., Council action regarding the delineators on Country Club Drive.
Appro,'ed 3.1.1 with Moore opposed and Fox ahsent.
MS (Nader /Horton) to refer the item, the delineators on Countr)' Club Drive, to stan' for a report back to
Council with recommendations as to what would be subtracted from the 1994/95 CIP budget in order to
accommodate that project.
Council member Rindone questioned if the Mayor would consider a three to five year phase in for all delineators
within the City
Mr Goss responded that staff agreed it should be a phased in project over three to five years. It could ....ell be that
in the larger projects using Gas Tax and TransNet funds there could be some savings that could be applied to those
projects.
Councilmember Horton felt the City needed to priortize other needs, i.e. sidewalks, curbs and gutters in the
Montgomery area, and safety issues.
AME1\mME!Io'T TO MOTION: (lIIoore, a~reed to hy the lIIaker and Second of the 1II0tion) staff to
communicate with the residents of the area r~arding potential shared costs in order to speed up the project.
Mr Goerke stated that had been previously discussed with the residents and they were opposed to full contribution
given the vast nature of the neighborhood,
VOTE ON MOTION, AS AME!Io1>ED: appro,'ed 4.0-1 with Fox absent.
. Greg Cox, 3131 Bonita Road, Suite 200, Chula Vista, CA, represenling South Ba) Family YMCA,
suggested that in dealing with the Park Acquisition and Development Funds Council appropnate an additIOnal
$200,000, i.e. $50,ooo/year from the next four succeeding fiscal year budgets. They were supportl\e of the Cit)
Manager's recommendation for zero funding for lhe current year They suggested that in the lastlhree fiscal years,
i.e, 1996/97,1997/98, and 1998/99 funding be raised from $50,ooo/Y08r to $60,000/Y08r That would give them
$250,000 from the PAD fees and a total of $250,000 from Community Development Block Grant funds. They
would then challenge the Metro YM CA to try to get matching funds.
. . . Councilmember Fox returned to the meeting at 7:50 p.m. · · ·
Councilmember Moore felt the operation and maintenance of the facility would eventually out shadow the
construction costs. It was a win/WIn situation for the City if they had a good contract with the YMCA.
M r Cox stated the commitment made to the City was thaI they would submit whatever rates they would charge to
Council for approval which was similar to what was done with Ihe golf course. The ongoing CoslS of operallon and
maintenance would be COslS paid by the YMCA.
Council member Fox stated he wanted to clarify that they werc~ asking for the future year appropriations contingent
upon the partnership coming to an agreem.nt as to the match and fee arrangem.nts.
/..2,.2;J
Minutes
June I, 1994
Page 6
Attachment G-2
~
Mr Cox stated tbat was correct, they boped 10 bave an agr""monl back 10 Council on Iho same nlghl Council took
action on the budget.
Mr Goss staled be bad no objections to the lasl Ihr"" years of funding boing al $60,ooo/year It would be
continlent upon a satisfactory partnersbip understanding.
MSUC (NaderlFox) to approve the City Manager's revised recommendation.
Mr. Goss responded that there were several options for funding of the gym. Council had appropriated $250,000
from the Block Grant funds. Council bad the option to commit, as a policy maller, the remaining $750,000 from
1995/96 Block Grant funds; use tbe Park Acquisition Development funds in Ihe western part of the City; or a
combiDation of the Block Grant funds and the PAD funds.
MS (MoorelNader) to approve starr recommendation, i.e. make a tentative commitment of 1995196 Block
Grant funds, up to $770,600 for tbe Otay Park gym.
Councilmember Rindone questioned what remaining funds would he left in tho Block Grant funds for distribution
next year.
Mr. Goss stated there was approximately $1 million in the Block Granl CIP funding. That would constrain the
Councils flexibility of available money for other projecls 10 approximalely $250,000.
VOTE ON MOTION: approved unanimously.
Councilmember Moore questioned jf the southern side of the str""t would he compleled when Ihe aulo park was
ready 10 open. He felt if tbe animal shelter was holding th. project up something should be done as the auto park
would be a major source of revenue for the Cily If the project was heing slowed down il should be brought 10
Council for review and possible policy direction.
John Lippitt, Director of Public Works, stated he had a meeling with the parties involved to see what Ihe problem
was and bow to better the situation. The utility poles were Ihe prohlem.
Councilmember Moore referred to the major changes listed for Ola)' Lakes Road and Easl . J" Street.
Mr. Swanson stated the GMOC bad pointed out that the lefl turn lanes were the major reason the intersection
dropped below the threshold standards. That interseclion was proposed in nexl years CIP budget.
Councilmember Moore questioned if the City or Council had done anything policy wise regarding the ADA
requirements on street paving that required the City to do major changes to sidewalks versus driveways. He felt
the City sbould develop a policy which they could then take to the Lague, slale legislators, and federal government
whicb stated tbe ADA went too far regarding paving and overlays and requiring reconslruction of sidewalks, He
felt cities should request some type of waiver He felt Ihe funding could be used in olher areas,
Councilmember Horton questioned why tbe CIP improvements in Ihe Soulh Chula Vista area along Third Avenue
from Oranae 10 Main would be asphalt instead of concrete. She also questioned the expenditure of monies for a
project that would bave to be done all over again.
Mr. SWllllSOn responded that the riaht-of-way was not available in all the locations in order to put the sidewalk in
at its ultimate location. In some locations there were buildings in the righl-of-way thaI would have to be moved
and in other areas the rigbt-of-way would have to be purchased. It was a commercial area and as the property was
redeveloped 10 higber more intense uses tbe developers would be required to put in the improvements and dedicate
the rillbt-of-way. The SANDAG funding was for pedestrian facilities only If the City put in concrete curb, gutter,
and SIdewalk a major funding source would bave to be found.
Council member Horton alated she bad been given a petition by the residenls in the area stating they would be willing
10 look at an assessment district to get the proper improvements in place.
Mr. Lippitt stated staff tried to get an assessment district on Third Avenuo and there was a 101 of opposition atlhat
time.
/~ ';''1
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/.
CITY OF.CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
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Recording Requested by'
CITY CLERK
When Recorded, Mail to:
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AGREEMENT FOR MATCHING PLEDGE CONTRIBUTION TO
YMCA AQUATIC FACILITY
THIS AGREEMENT, made this _ day of _, 1994, for the purposes of
reference only, and effective as of the date last executed by the parties, is made between THE
CITY OF CHULA VISTA, a municipal corporation, ("City"), and YOUNG MEN'S
CHRISTIAN ASSOCIATION OF SAN DIEGO COUNTY, a California non-profit public benefit
corporation ("YMCA"), and is entered into with respect to the following:
I. RECITALS.
A. Property.
YMCA is the owner of the property in Chula Vista, California described as.
Lot 1 of Chula Vista Tract No. 88-1, Rancho del Rey, Phase 2 in the City of
Chula Vista, County of San Diego, State of California, according to Map thereof
No. 12341, filed in the office of the County Recorder of San Diego County on
March 28, 1989,
herein called ("Property").
B. Facilities.
YMCA presently intends to develop, at the cost of approximately $4.9 million in two or
more phases over the next several years, the following facilities ("Facilities") on the Property
YMCA presently intends that the phases of such development would generally be as follows.
!YMCA9 wp - 10-25-941
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Phase I:
30,000 square feet of aquatic and other under-roof facilities including the
following: 25 yard lap/recreation pool, teaching pool, community meeting
rooms, aerobics/ multipurpose rooms, cross-training center, cardiovascular
fitness center, locker/shower facilities, child discovery center, and youth
soccer arena, and in addition, landscaping, parking area, outdoor
recreational facilities, at an estimated cost, not including land acquisition
costs, of $2.6 million.
Phase II:
26,443 square feet of facilities including a therapy pool, gymnasium,
gymnastics training center and expanded aerobics center, additional locker
space and such additional landscaping, parking area and outdoor recreation
facilities at an estimated cost of $2.3 million (in 1994 dollars)
The costs estimated above do not include (i) fund raising costs, (ii) furniture, fixtures and
equipment or (iii) municipal development permit feesY
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS
II. YMCA'S DUTY TO BUILD
YMCA agrees to use best efforts to secure the funding for, permits for, design, construct
and operate, for a period of not less than twenty five (25) years from the date Phase I Facilities
are first placed in service, the Facilities on the Property and towards that objective agrees to do
the following:
A. Retain, at its own cost, and keep in good faith under contract until Al:Igl:lst
~@l,\wY31, 1991, l?2?ra professional fundraiser, to engage in the contribution
campaign strategy heretofore approved by YMCA, a summary of which is
identified in Exhibit "A" attached hereto
B. On the condition that sufficient funding is generated from the above-referenced
contribution campaign strategy or from such other donations or sources as may
be made available to the YMCA for Phase I of the "Project" (herein defined to
include the funding, planning, design and construction of the Phase I Facilities
on the Property or some similar version of Phase I Facilities on the Property),
YMCA agrees to design and construct the Phase I Facilities on the Property with
diligence and alacrity pursuant to the terms of this Agreement.
C. On the condition that sufficient funding is generated from the above-referenced
contribution campaign strategy or from such other donations or sources as may
1 Please note risk materializes that YMCA will also request waiver of development
and building fees.
IYMCA9 wp - 10-25-94]
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be made available to the YMCA for Phase II of the Project (herein defined to
include the funding, planning, design and construction of the Phase II Facilities
on the Property or some similar version of Phase II Facilities on the Property),
YMCA agrees to design and construct the Phase II Facilities on the Property with
diligence and alacrity pursuant to the terms of this Agreement.
Subject to Council approval which may be withheld based on dissatisfaction of Council with final
design of a given Phase or the entire Project, YMCA may, because of its fund drives schedule
and results, shift components (other than the lap/recreation and teaching pools) in Phase I to
Phase II. Phase II components shall be constructed in two or more phases.
III. CITY'S CONTRIBUTION
Subject to specified conditions hereinbelow set forth ("Conditions to City's
Contributions"), the City agrees to contribute the following amounts ("City Contributions") from
the designated funding sources not later than the designated times:
A. .~(jlla~rJ\taii~4#e3q,..lQ?5,$f.0,OO9Qf),>AD.f~e$previ()llsly authorized,
B Not later than June 30, 1995, $50,000 of 1994-95 CDBG funds;
C. Either (i) not later June 30, 1995, $200,000 of a CDBG Section 108 loan, or, if
unavailable or not approved, in the alternative, (ii) $50,000 per year of CDBG
funds available annually in each of the following fiscal years not later than June
30 of said fiscal year. 1995-6; 1996-7; 1997-8, and 1998-9;
D Not later than June 30, 1996, $50,000 of PAD Fees,
E. Not later than June 30, 1997, $60,000 of PAD Fees;
F. Not later than June 30, 1998, $60,000 of PAD Fees;
G. Not later than June 30, 1999, $60,000 of PAD Fees;
IV. Conditions to City's Contribution.
The following Conditions lettered A through D inclusive ("Conditions to City's
Contributions ") shall condition the duty of the City to make all of the City's Contributions, or
if expressly limited to less than all, than to the specified contributions These are not City
covenants unless it provides herein in this Section IV that the "City agrees" to do an act. They
are for the benefit of the City and may be waived by the City Council:
[YMCA9 wp - lO-2S~941
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A. Payment Permitted by Funding Source. The rules governing or regulating the use
of the sources of funds shall be deemed by the City to permit their expenditure
for the given purpose.
1 Specifically, by way of example only, HUD's rules relating to CDBG
expenditures appears to currently require that the object of the expenditure
be used by low and moderate income families greater than 50% of the
time in each year of the first 5 years of service.
B. Funds Are Available. The funds with which to make the City's Contributions
must have materialized from the City's funding sources and are available in the
account of the City for distribution.
1 Specifically, by way of example only, the City's PAD Fund currently has
a deficit and is collected as a unit price on each housing permit issued
If housing starts don't occur, the funds will not materialize with which to
make the City's Contribution from PAD Fees.
2. Specifically, by way of example only, the HUD Section 108 loan may not
be approved by HUD, and therefore will not be available.
C. Council Appropriates Them for Contribution. For that portion of City's
contribution not made in the current year, City Council shall have appropriated
the expenditure of the contribution in the year the contribution is scheduled to be
made.
1 Council agrees to consider making the appropriation in good faith in the
year scheduled.
D. Approved Phase 1 is Financed and Ready To Be Built. Sufficient other sources
of financing are available such that, with the City's Contribution, Phase 1 of the
Facilities, in a design approved by the City Council, can be constructed; and
Phase I of the Facilities on the Property shall have been designed to the stage of
legally adequate construction documents pursuant to a design which has received
the advanced approval of the City Council and the YMCA has let the construction
contract for the construction of at least Phase I of the Facilities.
1 City approval may be withheld in the City's unfettered discretion if Phase
I of the Project, as designed and proposed for construction, does not have
the Phase I Facilities described in Recital B, Phase 1,<' and otherwise
2. Under this compromise, if YMCA is short in their contribution program, they can
(continued )
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City's approval shall not be unreasonably withheld as long as the design
proposed by the YMCA is consistent with the terms of this Agreement or
otherwise meets with the satisfaction of the City
2. In making a determination of sufficient financing, City shall be entitled to
reasonably rely on YMCA's engineers estimate or such other estimates as
the City finds to be reasonably accurate. In determining the availability
of other sources of financing, the City shall consider the bona fide
commitment of a construction lender to finance the construction of the
Project on the basis of pledges or other sources of security the same as
cash.
3. Duty to Pay Interest. If a scheduled contribution is due under this
agreement which is not paid solely because of the failure of this Condition
D, the City agrees to establish on its internal accounts and records an
"Accounts Payable Due YMCA", which shall be credited with the amount
of that portion of the City's Contribution which is otherwise scheduled to
be payable but for Condition D materializing. City agrees that the City's
Account Due YMCA shall also be credited with interest at the rate the
City earns on its investments at the average interest rate on the balance in
said account, compounded and credited quarterly Interest shall accrue to
the benefit of the entity to whom the principal in the account is paid. The
balance in the Account shall be paid at the time, if ever, to the YMCA
when all Conditions to City's Contributions are met, or to the City if they
become incapable or unlikely of being met)!
V YMCA's Duty Regarding Use of City's Contribution.
A. YMCA agrees to use City's Contribution only for the purposes of paying for
legitimately and reasonably incurred Phase I Project costs, which unless otherwise
constrained by law or this agreement, may include the funding, financing
(including debt service) design and/or construction of Phase I the Facilities, or
any portion of them.
2. (.. . continued)
propose an alteration of Phase I Facilities; but if the City doesn't like the "bang"
its getting for its Contribution, or doesn't like other aspects of the redesign, they
can withhold their design approval.
3 Please note that interest will not accrue on the PAD Fee portion of the
contribution if the fund is in a deficit position or if the City failed to appropriate
the contribution for a given year because it would have been for conditions other
than the letting of the construction contract that the payment is not being paid
over to the YMCA.
lYMCAS wp - 10-25-94]
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B YMCA solely accepts the risk and responsibility for using City's Contribution in
a manner that will qualify it as eligible under the regulations imposed by the
funding source, including ,the U.S Department of Housing and Urban
Development for Community Development Block Grant Funds.
C. It is the YMCA's current intention to use the City's Contribution, in total, on the
design and construction of the Teaeliiog Peel, ^q~~tic9~nter,a facility which
will receive most of its use by seniors, persons with disabilities and persons from
low and moderate income families. The City currently believes that if 51 % of
the users of the Teaelliag Peel ~qWiY99~*t~f?for each year of the first five
years!' after the Teaching Pool is phiced in serVice, or for each year of the first
five years after the City's Contribution is made (whichever is later), is by persons
who are from low or moderate income families, the Teaching Pool will qualify
as an Eligible Facility However, it is the responsibility of YMCA to determine
that this assumption is correct and to determine the proper eligibility criteria from
HUD, and to comply with that criteria, and to provide proof of compliance. If
HUD, or others, successfully and correctly claim reimbursement against the City
for ineligible use of the CDBG funds, YMCA agrees to reimburse the City in the
amount of the City's Contribution, plus any interest and penalties charged and
chargeable by YMCA,
D, In that regard, YMCA represents and warrants City that the expenditures of the
City's Contribution will be separately accounted for and spent on CDBG-eligible
facilities,
E, YMCA promises, represents, warrants that YMCA will keep all documentation
necessary to prove that the City's Contribution was spent on CDBG-eligible
facilities, to show such documentation to the City or the City's designee on
demand from time to time, and promises to keep such CDBG-eligible facilities
qualified for such period of time as the funding source requires,
F. YMCA agrees to indemnify City, its elected and appointed officers and
employees ("Indemnitees"), against any loss, damage, judgment, order, liability,
expense, expenditure, payment, reimbursement, settlement, attorney fees or any
other cost of any nature whatsoever, incurred by City ("Loss") as a result of
ffiakillg the Cefttrielltieo ~9~!,~f!;~!p~~*0l9~~~ef~9iiiii;iunity~,,~lQPlIlent
:al9bI<GtafltlU'iill$hereiiispecH'ied iiiCludiiig speCifically, but not by way of
lhiiitli;~~:m~id;;g such contribution which later becomes disqualified for
eligibility YMCA also agrees that, upon tender of defense by the City, or any
of the Indemnitees, at the option of Indemnitees, they will jointly and severally,
4. I believe this applies from each contribution, so the last contribution would be
controlling.
{YMCA9 wp . 10-25-941
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defend and be responsible for defending Indemnitees in any suit, action,
administrative hearing, or other proceeding brought against or involving
Indemnitees which contain the claim or allegation which, if it were determined
to be true, in whole or in part, Indemnitees would or might be indemnified under
the terms of this Indemnity.
VI. YMCA'S Contribution.
Two fund drives are presently under way to provide funds for Phase I design and
construction: (i) "Imagine. . . Building Our Future" by the South Bay Family Branch YMCA
(funds generated by said fund drive are herein called "Branch Funds") and (ii) "Commitment
to Youth" by corporate directors of YMCA (fund generated by said fund drive are herein called
"Directors' Funds").
YMCA agrees to contribute from the Director's Funds $1 for every dollar paid over to
the YMCA in the form of the City's Contribution, or credited to the City's Account Due YMCA
("YMCA's Contribution") YMCA's Contribution, however, shall be paid into a separate bank
account at Union Bank, which account shall be labeled and hereinafter referred to as the South
Bay YMCA Construction Account. Funds deposited by YMCA in the South Bay YMCA
Construction Account shall be available and used only for the bona fide costs of Phase I of the
Facilities on the Property including, but not limited to, costs, charges and fees incurred for
financing, planning, designing and or constructing, including architects, engineers, contractors,
subcontractors, materialpersons, City permit and inspection fees, utility companies and others
for designing, constructing and installing grading, buildings, utilities, landscaping (including
ground cover), parking areas, paving, curbs, gutters, sidewalks, outdoor recreational facilities,
signage, appurtenances, furniture, fixtures and recreational and other equipment.
VII. Withdrawals.
After the City pays over the City's Contribution to the South Bay YMCA Construction
Account, the Construction Account shall be structured such that YMCA and the City, through
the City Manager or his designee, shall be signatories for the purpose of authorizing withdrawals
from the South Bay YMCA Construction Account and such withdrawals shall be affected by
YMCA delivering to the City Manager or his designee (1) a written voucher describing the
payee, amount and purpose of the withdrawal, and (2) a check on the South Bay YMCA
Construction Account to such payee in such amount, and signed by the YMCA check signatory
If YMCA-shall have borrowed funds from any lender for the design and construction of Phase
I upon the strength of City's contribution installments to be paid after such borrowing, vouchers
may, at YMCA's option, require the payment of principal and/or interest to such lender The
City Manager shall have the right to approve or disapprove any voucher; approval shall not be
unreasonably withheld. The City Manager shall indicate his approval within twenty (20) days
after delivery of the voucher and check.
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VIII. Project Tenninated Prior to Letting the Construction Contract.
In the event that the Project, for any reason is tenninated prior to letting the contract for
the construction of the Facilities or any portion of them at the Property, City's duty to make any
further City's Contributions thereafter shall be tenninated and any City Contributions previously
paid over to the YMCA shall be returned to the City
lX. Project Tenninated After Letting Construction Contract.
If the Project is tenninated after the construction contract is let for the construction of
the Facilities, or any portion of them, at the Property and all or any portion of City's
Contribution is used for the financing, design or construction of such Facilities, City's duty to
make any further City's Contributions thereafter shall be tenninated and YMCA shall return all
of City's Contributions within thirty (30) days after such tennination.
X. YMCA's Duty to Operate.
Upon completion of construction of the Facilities, YMCA agrees and covenants to
operate the Facilities at the Property for not less than 25 years, the obligation of which shall be
binding on their successors and assigns, and which shall run with the land for the benefit of the
City.
XI "Manner of Operation" Duties.
YMCA hereby covenants that on behalf of themselves and their successors and assigns,
which covenant is to run with the land, that the Facilities, as and if constructed, shall be
operated for 25 years from the date Phase I Facilities are placed in service in the following
minimum manner:
A. Public Usage: The usage sf the a~atie jlsftisR Aquatics Center of the Facilities
and ftfl;'-tl).~programs Bela, sfferea Sf eSRal.letea thereiR, thereof shall be
available to the residents of Chula Vista i~pec.tiv~ Qf iR tBe same manner aRa
OR the same teRflS Baa eeBditisBS as ~e PaflEv:ay Peel is, Sf if th.e Parlev;ay Peel
seeemes dysmastisBal at a~' time dariag me TeFIB af this ~A.greeffieRt, 'I.-as ia tRe
last 12 meftths af its e~eratieB, availaele 18 JesideBts af Cffilla Vista.
1. Y~IC~\ shall eeaaaet I3regftlft1Hleti llsage af the 8El1l8tie pertisR af the
Paeilities &flflrSJliIBately similar t9 tHat sSBElHeteEl BY me City at the
Par*9;:ay Peel el:lffeBtly, aT as v:as availalJle 1a Fesideftts af Cffi:lla Vista
iBtfte last 12 msMfts af its 8l'eF8tisa.
a.
Pregr:8m ....'4JfJfs.'sls. Tae aEIHaties fTegrsms ~::hiek Y~4C~~. sfrers
at 1fl.e Paeilities shall Be aFtiealated is \vritisg annHally aad
~reseRted t8 tfle City ~iaRag;er fer aflfltial aflf'reval. The City
{YMCA9 wp - 10-25-941
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~4:aaager shall Rave the right t6 aJ3J3fa~:e af EliSRJ3f'fsve aay s1::Ieh
j:lragram. af elem.eats thereaf; the City ~{aaagef's apl3fsval shall
Rat Be 1:lnreas0RaBly -Nithheld as 10Rg as the I3f0fl0sed 1:lsage is
e0asisteRt ';;ith the ret}tiiremems af 1.J:1is Agreement.
2. 8aeh Chala Vista resideFlt Rsage af the aElHatie faTtiaR af ilie ~eilities
shall Be availaBle '::ith0at eharge fer Y~4Cf. memBership Hmess the City
shall Eharge a similar memllersail3 1a the fn:1slie t6 eajey aeeess ts the
Par~(7;ay Psel.
B. ~leB Diserimiaa1i0R. The Faeilities s8all Be a-,ailaale ts the I31::iBlie -;;iths1::it regard
~race, color, religion, sex, sexual erie8tatiea, pf~f~ri;liS~.rnedical status,
national origin, age, marital status or physical disability elleeflt tllat{I1OWeVer,
YMCA may decline to accept any person whose medical status or physical
disability is such as to make participation in any J'lregraffi such programs
dangerous to such person's health or safety, which decision shall be solely the
ttgbt>~*4responsibility of YMCA or its successor
C. Right ta Charge Pees. Y~fCA saall Be eatitled te sharge fees f-ar the Hse sf the
aEjHa.ties Faeilities er l3artieij3atisB iB tRe aijH9.ties f)regrams 613eratea at the
Faeilities esasisteftt -Nit.fi the f-e1l6\-;iag 13riBeil3les:
[YMCA9 wp - 10-25-94]
1.
Fees eha.rged far the aE}\:laties f)f6gfams at the Faeilities shall Be
esm13araele 1a fees ehar-gea at atfler Y~4C/'. Braaehes eJ(eeflt as
ftefeiaBeley; I3r8~/iaeEl eJ(eel3t tRat fees ehargea t6 Cffiila '/ista resiaeats fef
the atlYaties J:1f0grams aT liRf'regrammetl STefl ia l:lsage sllall Be
esHtflaf'a~le ta ~he fees ekarges t8 users at the City's Parlcsay Peal. If the
Parln-;ay Paal eeeames 1:llftlsea ar \:lft\isasle, the fees ehargea te Ch\ila
'lista resiaeats fer the afJ:Haties J:lragrams ar 1:lRf'regrammed srer ia Hsage
shall Be eempaFat31e to tHe fees eaarged at tae Parl(way Peel ia tRe last 12
meat-as sf sJ3eratisB, aEij1::i5ted BY eaaRges i8 tile ge8eral Caasamer's Priee
Iasen fer me 8aB Diege ~fetfeJ3slitaB Statistieal Area, as f)1::islishes BY tae
Def'aFtmeftt af LaBar 8tfttisties.
2.
Re.;eRHe fram the fees ehargea f.er tile Hse sf the aEj1:la1ies Faeilities ar f-ar
the aEIHaties J:1fagf8ftlS at me Paeilities shall Bet, takeR is eaajHaetisa -;/ith
e1.aer re-,eR\:les geaeratea BY the Paeilities iBelHdiag aeBatiaRs ar
eeBtriB\:ltisRS fer the speFatiaR af maiateRaBee af the Paeilities, eKseed an
affiS\lftt aeeeSSElfY te 8fJerate aREI ffiaifttaiB the Faeilities aRa ersate a
reasaRa'ele resewe fer ~laeeffieBt, feR~ilitatieR aBd eJif'8RsieB.
3.
fees sharged at Faeilities fer aElUaties pragraffi5 aad \::isage shall Be ia
ftPlnsnimate relatisRshif' ts the usage ef the Paeilities.
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-4, The fees ehargea f-af the afl\:laties ~ragfams sr 8EJ.1:latie Hsage to the \:lsers
af the Faeilities }flay 13e ac:ljHstec:l 1:leltrs thsse fees e1::largec:l at eem13ara13le
BfRaehes sHeA Hsage t8 me exteat SHeA fedHeti0R is ReeessRry to ac:lj\:lst for
the iaeame levels af the ChHla 'lism eefflfHHftity,
5. The fees ekarged shall Bet Bflerate ta ~feelHde afty a1='13lieaat's Hsage of
a'iuaties faeilities ar Bfltiaties ~r8gfams 1:1meS5 the fees, aeeess ]3sliey afld
A61:1rS af fseility sad ~regfaffi availallility are ~J3feJdffistely efl\:liy;aleRt to
the City's, is whieh esse ~fte fees may re5\:11t iR the iaeiaeatall3feel1:1siefl
af sueh 1:1ssge. hasea 8ft aft aEleEIH8te SR8WiBg that the ]3erS8ft is lIftaele tB
afrard the fees eksrged. 5f
The fees far aEtHaties 1:1sage aHa faeilities 1:1siag the ellave ]3fiHei]31es shall 13e set by
Y~fC.A.. aRe skall13e s1:ibmittee t8 me City )'faaager ler 8fJ1='reval, y:kisk al3fJrs\'al shall Rat be
\ifH'easaaa131y .yvithhela as ISHg as same are e6BsisteBt .;,'jtk the af.erememi8Hed ~riaeiJ31es,
B. All fees and prograins and hours of accessibility for the Aquatic Center and
itquatic activities conducted therein Shall be promulgated by YMCA and shall be
subject to the prior written approval of the City Manager which may be exercised
in her or hiS sole arid unfettered discretion, but which approval may be appealed
to the City CO\lDcil by any person within 10 days after the decision is made, in
which case the appeal shall be heard expeditiously thereafter, and in which case
$lith fees~programs aM accessibility shall be subject to the prior writien approval
91' the City Council which may be exercised in the sole and unfettered discretion
of the City <:;oundl. . In no e.vent shall City require that YMCA (i) set program
or recreation swim fees that are less than comparable to City pOol programs, or
(Ii) require YMCA to. provide more hours . of public accessibility than a
comparable City pool; or (Ui) design any program and/or fees that would result
in a net operllJing loss for the Aquatic Center when administrative overhead,
maintenance, operating ll11d. other direct. and. indirect costs of operating the
Aquatic Center are charged in accordance with generally accepted accounting
principles Consistently applied. ActionS herein required to approve or to appeal
a decision Sl)all not be umeasonably delayed, but this sentence is not intended to
affect the unfettere4 discretion of the approving authority. If there occurs a time
when City doesnotoperateacojnparaQle pOol, then the comparison shall be
5 () Possible compromise language.
"Any applicant who can demonstrate that they are unable to afford the fees
charged shall be eligible for a "scholarship" to the extent that sufficient funds are
available for scholarships. YMCA agrees to use good faith to create a
scholarship fund for such purpose and to make them available for applicant's who
are unable to afford access fees charged for the Facilities. "
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made to the fees, hours and programs in effect during the last twelve months
during which the City did operate a comparable pool; the fees of such previously
operated pool shall be reas()llably adjusted to reflect cost inflation since the ate
5uch~omparable pool ceased being operated by City.
C... ..Otiai1~imriaJbaSisYMCA,incooperiltionwith the Parks and Recreation
peparttnent,"wlII $Chedule joint programs sucbiis City-wide special events, use
l>YcOmpl;ltitive)wimgroul's.Yo\lth~at~riskactivities and other recreational
activities. . ...
XII. Right of First Refusal.
At any time after the construction and opening of the Facilities at the Property that
YMCA determines it is unable to continue with the ownership and operation of the Facilities at
the Property for the 25 year period, YMCA agrees to entertain in good faith negotiations for the
sale of the Facilities to the City and City agrees to entertain good faith negotiations for the
purchase of the Facility from YMCA with the goal being the continued operation and
maintenance of the Facilities by the City as a park facility available to members of the public.
YMCA and City shall engage in these negotiations before the YMCA makes the Facility
available for sale on the open market; and shall not consummate a sale agreement unless the City
has been given the first and prior right superior to the right of the prospective buyer (to be exer-
cised not later than 20 days after written notice) by the YMCA to refuse to consummate the
transaction on the same terms and conditions, except that the City may get credit, in the payment
of any cash in connection with the purchase price, for any and all City's Contributions and any
other contributions given by the City to the YMCA for the Facilities, including subsequent fee
waivers and other contributions. A determination by the City that they do not have the resources
with which to acquire the Facilities shall constitute a basis for impasse in negotiations.
XIII. Termination of Agreement for Deficient Contributions.
If, for any reason other than the breach of this Agreement by YMCA or failure of
YMCA to proceed with the implementation of the Project through no fault of the City, City fails
to pay at least lQ9%of the City's Contribution due according to the schedule set forth in Section
III all rights s"f tae. City aeFeia gramed t8 8J3prs":e aetisas sf the Y~fC~A., iael\laiag 8Nt B0t
:~~.~ i~re...al sf desigas, I!ftases, ~ees sr flfSgTllffiS at tft~ Faeilities Sft~1l ~efHIiaMe, ~t ~~
1 h s aB eeBents ereatea BY ~15 esatfllet fer the Cl~Y shall leftiStS 18 full fsree and
.~""-.~~
iili~4~'~~mgll~;'~79;i~~~41~iq!l~?~F~e~ies~t.f9TIPii1pIa\lses.(i) . and (ii) above,. the
P!!i'ties~hall..negotia<<:il'l~<>64~~itb#!j..~er@m~nt.WthisA~ee!l1ent.. in .order .to equitably
cqmpen~at~XM9Afottlte!Jitter~()~ge,~f;Witp.jl\!l()days after the date City so fails to
[YMCA9 wp - 10-25-94]
11
J)'~}s'
<;ontribute 80% of the scheduled amount, the parties bave not executed and delivered said
amendment, this Agreemeli.tsball automatically terroinate excepi for the following covenants of
YMCA:(j) the indemnity set forth in Section V.F., (ii) tbe covenant set forth in Section X to
operat~ the Facilities and Properiy (for a term of 15 years i'lither than 15) and (Hi) the covenant
r:~:~ i~~~t~;~~~.~~::~~~~;~~:~~;~::~~;~~~~~ot be obligated to repay the
XIV. Notices.
Any notice or other document required or perroitted to be given hereunder shall be in
writing and may be delivered personally or by deposit in the United States mail, postage prepaid,
addressed as follows:
To YMCA:
President of YMCA of San Diego County
4715 Viewridge Avenue, Suite 100
San Diego, CA 92133
To City:
City Manager, City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Notices and other documents deposited in the United States mail shall be deemed
delivered 48 hours following such deposit.
Any party entitled or required to receive notice under this Agreement may by like notice
designate a different address to which notices shall be sent.
XV. Ge.neral Provisions.
A. Auurovals. Approvals herein required shall be in addition to approvals or perroits
required by the ordinances of City. If a dispute arises between City and YMCA
with respect to approval or disapproval of any matter, the dispute shall be
resolved by, and under the rules of commercial arbitration of, the American
Arbitration Association of San Diego, California.
B. No Partnershiu.Etc. Nothing herein contained shall be construed to create a
partnership or joint venture between City and YMCA with respect to the South
Bay YMCA or any part thereof, nor shall City have any liability or obligation to
any person whatsoever except its obligations to YMCA specifically set forth
herein.
[YMCA9 wp - 10-25-94]
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C. Promot Performance. Time is the essence of each covenant and condition set
forth in this Agreement.
D. Gender. Number. Whenever the context requires, the use herein of (i) the neuter
gender includes the masculine and the feminine gender and (ii) the singular
number includes the plural number.
E. Business Davs. If the last day for performance of an act falls upon a Saturday,
Sunday or legal holiday, such last day will be the next following regular business
day
F. Caotions. Captions in this Agreement are inserted for convenience of reference
only and do not affect the construction or interpretation of this Agreement.
G. Entire Al!reement. This Agreement contain(s) the entire agreement between the
parties relating to the transactions contemplated hereby and all prior or
contemporaneous agreements, understandings, representations and statement, oral
or written, are merged into and superseded by this Agreement.
H. Modification. No modifications, waiver or discharge of this Agreement shall be
valid unless it is in writing and signed by the party against which the enforcement
of the modification, waiver or discharge is or may be ought.
I. Invaliditv. If any material covenant, condition or provision of this Agreement is
held to be invalid, void or unenforceable by a final order or judgment of a court
of competent jurisdiction, the remainder of this Agreement shall be enforceable.
J. . Attorneys Fees, Court Costs.. If either Party or a resident of the City of Chula
Vista commences an action to (i) rescind or reform this Agreement, (il)
specificallyperfoim this Agreemept, or (in) seek damages for the breacb hereof,
the prl:vaUipg pariysha1J he entitledtoreasonable attorneys' fees and court costs.
K. Counternarts. This Agreement may be executed in any number of counterparts,
all of which together shall constitute one instrument.
L. Aoolicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of California.
This Agreement has been signed at Chula Vista, California, as of the date set forth at the
beginning of this Agreement.
CITY OF CHULA VISTA
YOUNG MENS CHRISTIAN
ASSOCIATION OF SAN DIEGO
COUNTY
(YMCA9 wp - 10-25-94)
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Mayor of the City of Chula
Vista
Attest
City Clerk
Approved as to form by
Approved as to form by:
Alan Perry, Attorney for YMCA
City Attorney
Exhibit A; Contribution Raising Strategy.
14
[YMCA9 wp - 10.25-94]
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COUNCIL AGENDA STATEMENT
Item ):1
Meeting Date 10/25/94
ITEM TITLE:
Report: Trolley Station Donation Centers
Director of Planning dt
City Manage~ ~ ~
(4/5ths Vote: Yes_No..K)
Council Referral #2920
SUBMITTED BY:
REVIEWED BY:
At the City Council meeting of August 23, 1994, Ms. Judy Leitner, representing MTDB,
provided a presentation to Council citing MDTB's desire to allow Goodwill Industries to locate
an attended donation container at both the "H" Street and Palomar trolley station for a period
of one year. Council referred the matter to staff for evaluation and a report back with a
recommendation.
RECOMMENDATION: That the City Council direct staff to process a Zoning Administrator
design review action on each trolley site.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
In July of this year, the City received a request from MTDB to consider locating an attended
metal Goodwill donation box (approximately 7' x 7' x 18') at both the Palomar and "H" Street
trolley station.
MTDB 'was requesting a one-year trial program citing Cal-Trans' experience with a similar
program at their park-n-ride resulting in a reduction of vandalism while also providing added
public service donation locations.
The City Manager sent a reply to MTDB in August, noting certain concerns staff had regarding
the appearance of the steel box containers and possible safety issues regarding volunteer help
reporting on incidents of crime. MTDB was asked to contact the Planning Department for
further discussion of issues. MTDB then made a presentation before City Council later in
August without any direct contact with City staff. As a result of MTDB's presentation, the issue
was referred to staff for a report and recommendation.
MTDB staff representative Judy Leitner was contacted and a meeting was held to clarify and
discuss options. As a result of that meeting, together with a visit to one of the operating
facilities in La Mesa, and additional letters provided to City staff from other public agencies,
JJ-/
Page 2, Item J:1
Meeting Date 10/25/94
such as Cal- Trans' citing the success of the program in reducing vandalism, staff is prepared to
process MTDB's request using the Zoning Administrator design review process.
We have discussed, and MTDB has accepted, the offer to consider approval for a one-year
period provided that MTDB return to the City within six months to discuss the feasibility of a
long-term program which could include the construction of a permanent building more in
keeping with each station design. The Planning Department is convinced that approval of
MTDB's program as proposed for a limited period will provide the City and MTDB with
valuable data to determine both positive and potential negative aspects while working towards
a better long-term design solution.
It should be noted that National City recently gave their approval to this same program at their
National City trolley stop.
FISCAL IMPACT: The entire cost of installing and maintaining these attended centers will be
at the expense of MTDB.
(m: \home\planning\donaUon.l13)
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